Website Terms of Use

Introduction
This website (the “Site” or “AwimAway Sites”) is owned and operated by OverCs Ventures Ltd. These Website Terms of Use (“Terms of Use”) apply to your use of this Site. Any membership you may establish on the Site and/or the purchase or use of any products or services available through this Site are governed by the Terms & Conditions of Service posted (“Terms of Service”) on the relevant AwimAway Site.

By accessing and using the AwimAway.com site, you accept the Terms without limitation or qualification. Your continued use of this Site constitutes your agreement to these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use this Site.

Important notes
These Terms and Conditions are the contract between you and us including third parties to whom we may have given authority to act on our behalf. They apply to all AwimAway users and explain our obligation to you and yours to us. While they apply to all our website services, they may be added to or changed by particular terms and conditions for certain of our products and services which you may take, e.g. our holidays, hotels or tours.

  1. Privacy statement
    Our Privacy Notice applies to the collection, use, disclosure and other processing of personal information on this Site. We may update the Privacy Notice from time to time at our sole discretion, and post an updated version of the notice at the website address above. The latest Privacy policy can be seen here: [http://www.AwimAway.com/privacypolicy]
  1. Your personal and non-commercial use licence
    The AwimAway.com website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained from this website. You are granted a non-exclusive, non-assignable and non-transferable licence to use the website only under these terms and conditions of use. The AwimAway.com website may be used only by you as a member, and you may not rent, lease, lend, sub-license or transfer any data on the website or any of your rights under this agreement to anyone else without obtaining prior written permission from AwimAway.com Limited.
  1. Copyrights and trademarks
    All contents of this website are copyright of AwimAway.com, part of OverCs Ventures Limited, 16 Myddelton Gardens, Winchmore Hill, London N21 2PA, UK, and may not be used except as provided in the terms or with the express written consent of AwimAway.com. Products and company names mentioned herein may be the trademarks of their respective owners.

    Images of people or places displayed on the AwimAway.com site are either the property of, or used with permission by, OverCs Ventures Ltd. Use of these images by you or other third parties is prohibited unless expressly permitted in the terms or elsewhere on the AwimAway.com site. Any unauthorised use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity and other applicable regulations and statutes.
  1. Content you submit
    You acknowledge that you are responsible for any content you may submit through the site, including the legality, reliability, appropriateness, originality and copyright of any such content.
    You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. Some features that may be available on this site require registration. By registering, you agree to provide true, accurate, current and complete information about yourself.
    With respect to any content you submit or make available through the site (other than personal information, which is handled in accordance with the Privacy Notice, you grant AwimAway a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive licence to use, copy, distribute, publicly display, modify, create derivative works and sublicense such content or any part of such content, in any media. You hereby represent, warrant and covenant that any content you provide does not include anything (including, but not limited to text, images, music or video) to which you do not have the full right to grant such a licence to AwimAway.
  1. DISCLAIMERS
    EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE OR THE TERMS OF SERVICE, OR REQUIRED BY APPLICABLE LAW, AWIMAWAY MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF AWIMAWAY MEMBERSHIP, ANY CONTENT ON THE SITES, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE AWIMAWAY SITES, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

    YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. AWIMAWAY DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, AND RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.

    IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
  1. LIABILITY DISCLAIMER
    THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AWIMAWAY.COM LTD. ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT ANY TIME. AWIMAWAY.COM LTD AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. AWIMAWAY.COM LIMITED SHALL USE REASONABLE CARE AND SKILL IN CARRYING OUT THE SERVICES CONTAINED IN THIS WEBSITE. AWIMAWAY.COM, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, TERMS AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS, OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL AWIMAWAY.COM LIMITED, ITS AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE (INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, PROFITS, SAVINGS OR OPPORTUNITIES), WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF AWIMAWAY.COM LIMITED, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. EXCEPT IN RELATION TO LIABILITY FOR DEATH OR PERSONAL INJURY FOR WHICH NO LIMIT APPLIES. AWIMAWAY.COM LIMITED, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS SHALL BE LIABLE FOR DIRECT LOSS ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, UP TO A MAXIMUM OF THE TOTAL VALUE OF THE TRANSACTION UNDER WHICH THE CLAIM ARISES FOR ANY ONE EVENT OR SERIES OF CONNECTED EVENTS. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
  1. No unlawful or prohibited use
    As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions and notices.
  1. Links to third-party sites
    This website may contain hyperlinks to websites operated by parties other than AwimAway.com Ltd. Such hyperlinks are provided for your reference only. AwimAway.com Ltd does not control such websites and is not responsible for their contents. AwimAway.com’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
  1. Modification of these terms and conditions
    AwimAway.com Limited reserves the right to change the terms, conditions and notices under which this website is offered. You are bound by such revisions and should therefore visit this page to review the current terms from time to time.
  1. General
    This user agreement is between you and AwimAway.com and is governed by the laws of England and Wales. You hereby consent to the exclusive jurisdiction and venue of courts London, UK, in all disputes arising out of or relating to the use of this website. Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

    AwimAway.com Limited may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder.

    You agree that no joint venture, partnership, employment or agency relationship exists between you and AwimAway.com Limited as a result of this agreement or use of this website.

    AwimAway.com Limited's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of AwimAway.com Ltd's right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by AwimAway.com Limited with respect to such use.

    If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

    This agreement constitutes the entire agreement between the customer and AwimAway.com Limited with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the customer and AwimAway.com Limited with respect to this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

    Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event.

    Any rights not expressly granted herein are reserved.
  1. How to contact us
    Your views are important to us. You can contact us by one of the following methods:
    You can send us an electronic message at: legal@awimaway.com.
    Telephone: 020 8350 6199

    Post: AwimAway.com
    16 Myddelton Gardens
    Winchmore Hill
    London N21 2PA

    This user agreement is between you and AwimAway.com (part of OverCs Ventures Ltd) and is governed by the laws of England and Wales.
  1. Effective date:  01 Jan 2015