WEBSITE TERMS AND CONDITIONS OF USE

1. Introduction

1.1. Subject to clause 1.2, this website and each website of a Haymarket brand, including app versions of such websites (in each case a “Website“) is operated by Haymarket, and your use of the Website is subject to these Web Terms & Conditions, which you are deemed to accept by using the Website. If you do not agree to these terms you must not use the Website.

1.2. Some Haymarket brands are operated by other entities within Haymarket’s group of companies. Where this is the case, your use of their websites and/or apps may be subject to different terms and conditions and/or your agreement in respect of the use of the relevant website and/or app (and related services) may be with an entity other than Haymarket. Please check the website that you are visiting for further details.

1.3. Please read our Privacy Notice and our Cookie Policy in conjunction with these Web Terms & Conditions.

1.4. Haymarket reserves the right to vary these Web Terms & Conditions from time to time. Such variations become effective immediately upon the posting of the varied Web Terms & Conditions on the Website. By continuing to use the Website you will be deemed to accept such variations. You should therefore check the Website from time to time to review the latest Web Terms & Conditions. You may also print a copy of these Web Terms & Conditions for your records. These Web Terms & Conditions were last updated in August 2021.

1.5. Where indicated, additional terms shall apply:

1.5.1. to any purchases you make through the Website (see our Subscription Terms & Conditions here);

1.5.2. to any promotion that you enter through the Website (see our Promotion Terms & Conditions here); and

1.5.3. to any other services that you purchase and/or which are made available to you through the Website, such as bookings that you make through the Website or your purchase of advertising space on the Website.

2. Intellectual Property Rights

The copyright and all other rights in the material on the Website, including all information, music, images, photographs, videos and other content displayed on and/or made available through the Website (“Materials“) are owned by Haymarket or are licensed to Haymarket from the relevant owner or licensor of the rights. You may download a single copy of the Materials on a single computer for your own private use only. The Materials may be printed out for the sole purposes of enabling the person printing the Materials to retain a copy for their own personal records. No copying, distribution or other use of the Materials for any commercial or business purposes is permitted without our prior written consent. No photography, filming, broadcast, alteration or modification of the Materials is permitted without our prior written consent, except as may be reasonably necessary to use the Website in good faith. Your use of the Materials shall at all times be subject to you acknowledging our status (or that of any identified contributors) as the right-holder of the Materials. You must not use any Materials in any manner that may infringe any of our rights or the rights of a third party, or use the Materials in any way that may be illegal or breach these Web Terms & Conditions. All rights in Materials on the Website are reserved to Haymarket.

3. Acceptable and prohibited use

You agree not to use (including linking and/or uploading content to) the Website:

• to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Website except where expressly permitted on the Website;
• to disseminate advertisements on the Website or use the Website for any other commercial purposes (which would include using the Website to promote or encourage the sale of your goods/services);
• to place links on the Website where those links take users to unlawful material or material that contravenes these Web Terms & Conditions;
• to transmit or re-circulate any material obtained from the Website to any third party except where expressly permitted on the Website;
• in such a way so as to remove the copyright or trade mark notice(s) from any copies of any material made in accordance with these Web Terms & Conditions;
• to disseminate any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
• to disseminate any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• to disseminate any material which is or may infringe the rights (including intellectual property rights) of any third party or be unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, which may cause annoyance or inconvenience or may restrict or inhibit the use of the Website by any person or which constitutes or encourages conduct that may be considered a criminal offence or give rise to civil liability in any country in the world;
• to disseminate any material which compromises the privacy or security of anyone other than yourself (in particular, you shall ensure that you have any and all necessary consents of any individual featured in any content giving permission for his/her image and/or voice to be used in accordance with the permissions that you grant to us in respect of your content);
• to disseminate any material which does or may bring Haymarket or any of its brands or subsidiaries into dispute or in any way damage their reputation;
• to disseminate any material where use of the material by Haymarket, or any third party licensed or permitted by Haymarket, will give rise to any third party claims; and/or
• to post link(s) that take users to material that contravenes any of the above restrictions.

4. User Generated Content

4.1. The pages of the Website where you are capable of posting content are provided for your private, non-commercial exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of the Website that is inconsistent with those stated purposes is strictly prohibited. By submitting any content to the Website, you:

4.1.1. grant Haymarket a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use such content and all material embodied therein in all media now known or hereafter invented for any purposes including, without limitation, to edit, copy, reproduce, translate, disclose, post and/or remove such content from the Website and hereby waive all of the moral rights that you have under Chapter IV of the Copyright, Design and Patents Act 1988 in respect of any material you post to the Website;

4.1.2. warrant to Haymarket that all such content complies with the provisions of Clause 3 of these Web Terms & Conditions (as applicable), and you agree to be liable to us and indemnify us in respect of any loss or damage that is suffered as a result your breach of this warranty;

4.1.3. acknowledge that Haymarket may require you to confirm the above rights and warranties and agree to do so within 7 days of any request from Haymarket; and

4.1.4. give Haymarket the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

4.2. Haymarket reserves the right (but not the obligation) at its sole discretion and at any time to refuse, review, edit, move or remove any content that is posted to, or available on, the Website without the need to give any reasons for doing so. However, Haymarket may decide not to review the materials that you or anyone else posts to the Website and, therefore, unless we are specifically notified of the nature of any item of content, you cannot assume that Haymarket is aware of it. If you object to the publication of any material placed on the Website please contact Haymarket using the contact details shown in our Privacy Notice and we will take whatever action we deem appropriate.

4.3. Haymarket accepts no responsibility for any statements, material or other submissions placed on the Website or our online forums by you or any third party, or for any loss or damage resulting from your breach of these Web Terms & Conditions. You are solely responsible for securing and backing up your content.

4.4. If you wish to complain about content uploaded by other users, please contact us by sending an email to info@haymarket.com.

5. Use of Software

Copyright in any software that is made available to you by Haymarket via the Website or otherwise belongs to Haymarket or its licensors. Your use of the software is governed by the terms of any licence agreement that may accompany or be included with it. Do not install or use any software unless you agree to such licence agreement.

6. Linking to the Websites

6.1. You may link to the Website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Such linkage is also subject to the following conditions:

6.1.1. you do not replicate the pages of the Website;

6.1.2. you do not create a frame or any other browser or border environment around the Website;

6.1.3. you do not in any way imply any association, approval or endorsement by Haymarket (other than with its written consent), or misrepresent your relationship with Haymarket;

6.1.4. you do not use any logos or trade marks displayed on the Website without the express written permission of Haymarket;

6.1.5. you do not link from a website that is not owned by you;

6.1.6. your website does not contain content that is distasteful, offensive or controversial, that infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations;

6.1.7. you agree that any link that you make to the Website is subject to the applicable acceptable and prohibited use terms set out in Clause 3 of these Web Terms & Conditions; and

6.2. You acknowledge that we reserve the right to withdraw linking permission by amending these Website Terms & Conditions. You agree to immediately remove any link that you have made to the Website on written request by Haymarket to you.

7. Trade Marks

7.1. As between you and Haymarket, all trade marks (whether registered or unregistered) and domain names, graphics, logos, designs, page headers and button icons used in connection with the Website are the intellectual property rights of Haymarket and neither they nor any confusingly similar versions may be used by you (including, but not limited to, as part of any trade mark and/or domain name) without the prior written consent of Haymarket (other than for the sole purpose of referring to Haymarket and its associated brands lawfully and in good faith). You shall not be entitled to use such trade marks or domain names, except where expressly permitted to do so by these Website Terms & Conditions.

8. Registration

8.1. To access certain parts of the Website, Haymarket may require you to register and provide certain information about yourself. Such registration shall be subject to specific terms of registration. Where you register you also agree to:

8.1.1. provide accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the “Registration Data“); and

8.1.2. maintain and promptly update the Registration Data to keep it fully up to date.

8.2. Where you provide information (including sensitive financial or personal information) to Haymarket (whether directly through the Website or otherwise), you accept that no system or method of communication is 100% secure. Where sensitive financial information is provided to Haymarket, encryption software is used to attempt to prevent unauthorised access to this information.However, Haymarket does not accept any responsibility or liability for any damages (other than liability for death or physical injury arising out of the negligence of Haymarket or its officers, or any liabilities that cannot, as a matter of law, be excluded) arising from the misuse or loss of data or information submitted by you to Haymarket. The provision of personal information by you and use of it by Haymarket is subject to Haymarket’s Privacy Notice.

8.3. Where you register on the Website, you will be allocated a user name and password. These account details must be used solely by you; sharing your user name and password with any other person or making it available to multiple users on a network is strictly prohibited. Accordingly, you agree:

8.3.1. to maintain the confidentiality and security of your user name and password and be fully responsible for all use of the Website made using your user name and password, and that we shall be entitled to assume that any person logging into the Website using your username and password is either you or someone doing so with your permission;

8.3.2. to immediately notify Haymarket if you become aware of any unauthorised use of your username and password or any other breach of security by sending an appropriately worded email to the contact details shown in our Privacy Notice;

8.3.3. to ensure that you log out of your Website account at the end of each session; and

8.3.4. that, to the extent permitted by law, Haymarket shall not be liable for any losses, damages or costs arising from your failure to comply with these requirements.

8.4. By registering or subscribing you accept that we may monitor individuals site usage; this information will be used to ensure appropriate use of the site and to inform product offerings and development. Where such monitoring involves our processing of your Personal Data, such monitoring is subject to our Privacy Notice.

9. Disclaimer

9.1. Whilst Haymarket endeavours to ensure that the Website is normally available 24 hours a day, due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. Accordingly, the Website is provided on an “AS IS” and “AS AVAILABLE” basis without any warranties of any kind and we do not accept any liability arising from any interruption in availability. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any other reasonable cause. You acknowledge that we cannot guarantee that the Website will stay the same, be compatible with all or any hardware or software which you may use, or be available all the time or at any specific time.

9.2. You acknowledge that whilst Haymarket endeavours to ensure that information (including the Materials) on the Website and any related material provided to you by Haymarket, whether by email or otherwise (“Haymarket Materials“) is accurate and complete, it is provided only for general information, is not intended to address your particular requirements and does not constitute any form of advice or recommendation by Haymarket. You acknowledge that the information on the Website does not necessarily reflect the views and opinions of Haymarket or any of its brands and that the Haymarket Materials should not be relied upon by you in making (or refraining from making) any specific investment or other business or personal decisions and acknowledge that professional advice should be obtained before making any such decision.

9.3. You acknowledge that some of the content may be supplied by third parties and/or may be user generated and the accuracy and completeness of it will not have been checked by Haymarket. No liability shall be accepted by Haymarket for any inaccuracy or omission in the information provided on the Website or the Haymarket Materials.

9.4. All implied warranties in respect of the Website and/or the Haymarket Materials, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non infringement, compatibility, security and accuracy, are excluded from these Web Terms & Conditions to the extent that they may be excluded as a matter of law.

9.5. Haymarket will use reasonable endeavours to ensure that the Website and the Haymarket Materials do not contain or promulgate any viruses or other malicious code. However, you acknowledge that Haymarket cannot guarantee that the Website will be free from the same and it is recommended that you maintain adequate anti-virus and anti-malware software that can check for the presence of viruses and other malicious code. Haymarket excludes to the fullest extent permitted by applicable laws all liability in connection with any damage or loss caused by viruses or other malicious code originating or contracted from the Website or the Haymarket Materials.

9.6. Haymarket will not be liable for any damages (including, without limitation, damages for loss of the profits) arising in contract, tort or otherwise from your use or inability to use the Website or any content or from any action taken (or refrained from being taken) as a result of using the Website or any content of it, including in respect of infringement of third party rights arising from your use of the content.

9.7. Links on the Website to third party websites are provided solely for your convenience. If you use these links, you leave the Website. Haymarket has not reviewed these third party websites and does not control and is not responsible for these websites or their content or availability. Haymarket therefore does not endorse or make any representations about them, or any material found on them, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk. Please note that Haymarket gives no warranty that links to third party sites on the Website shall be marked as such.

9.8. The Website may contain links to third party websites where you may purchase items. You acknowledge that when making a purchase from a third party website you enter into a contract with that third party at your own risk and Haymarket will bear no liability for that contract. Please note that third parties may operate such shopping sites with reference to the name of the Website, but that does not mean that Haymarket are responsible for their conduct or any contracts that you enter into with them.

9.9. The Website may from time to time contain advertising and sponsorship. Haymarket is not responsible for either the content of the material provided by such advertisers and sponsors or their compliance with voluntary or statutory codes or provisions. In particular, Haymarket can provide no warranty that it will not take advertisements or sponsorship from your competitors.

10. Suspension of access to the Website and User Indemnities

10.1. If, for any reason, Haymarket believes that you have not complied with any of these Web Terms & Conditions it may, at its sole discretion, suspend or cancel your access to all or some of the Website immediately and without giving you any advance notice.

10.2. Without prejudice to the provisions of Clause 10.1, to the extent that you are in breach of these Web Terms & Conditions, you agree to compensate Haymarket in respect of any claims, losses, expenses and/or liabilities (including legal fees) which arise from any use by you of the Website and/or the Haymarket Materials (or by a third party using your user name and password) including in particular (but not limited to) any statements, contributions or other content posted on the Website or any breach of Clause 3 of these Web Terms & Conditions.

11. General Terms

The General Terms & Conditions set out in Part 4 apply to these Web Terms & Conditions. In the event of any conflict or inconsistency between the General Terms & Conditions and these Web Terms & Conditions, the latter shall prevail.

PART 2: PROMOTION TERMS AND CONDITIONS

1. Promotion Terms & Conditions

1.1. Unless otherwise stated, these Promotion Terms & Conditions apply to all free to enter prize promotions and free prize draws (a “Promotion“) offered by Haymarket and/or offered via the relevant Website. Promotions may also be subject to additional terms and conditions and/or promotional materials of which we notify you (“Specific Promotion Terms“), which form a part of, and may override, these Promotion Terms & Conditions in respect of the relevant Promotion. Please read Specific Promotion Terms carefully. By entering a Promotion, you agree to be bound by the Promotion Terms & Conditions.

1.2. We may change any part of the Promotion Terms & Conditions at any time with immediate effect. If we make a material change, we will endeavour to notify you and provide you with the opportunity to withdraw from a Promotion that you have entered. By continuing with the Promotion, you are deemed to accept the varied Promotion Terms & Conditions.

1.3. All entrants to a Promotion must:

• be, at the date of entry, at least 18 years of age;
• resident in Great Britain or Northern Ireland;
• comply with any other age and/or eligibility requirements (for example only, the requirement to hold a valid passport, visa and/or driver’s licence where a prize includes travel outside the United Kingdom and/or car hire) that are set out in the Specific Promotion Terms,

unless stated otherwise in the Specific Promotion Terms.

1.4. Proof of age may be required before a prize-winner can claim a prize. The eligibility of any entrant is at the sole discretion of Haymarket.

1.5. Only one entry per person and per household is permitted. Spammers and automated entries are not permitted and will be automatically disqualified.

1.6. All entries must be made in accordance with the Promotion Terms & Conditions and must be received by Haymarket by the closing date. Entries made otherwise shall be invalid. Haymarket accepts no responsibility or liability for any lost, damaged or incomplete entries and all such entries will be deemed invalid. Proof of despatch shall not be proof of entry.

1.7. Haymarket and the promoter reserve the right at its sole discretion (without prior notice) to:

1.7.1. cancel the Promotion; and/or

1.7.2. substitute the prize for another prize of equal value.

1.8. It is not necessary to make a purchase to enter a Promotion unless otherwise stated in the Specific Promotion Terms.

1.9. By entering the Promotion, the entrant agrees that it has read and understood Haymarket’s Privacy Notice and our Cookie Policy. Please note, if you enter a Promotion Haymarket may share your personal information with the promoters of the Promotion, who will be responsible for processing your personal data in accordance with their privacy notice.

1.10. We will aim to notify prize-winners in writing within 30 days of the applicable closing date (or such other timeframe as is indicated in the Specific Promotion Terms). If a prize-winner fails to claim the relevant prize within 14 days (or within a faster time-period if specified in the Specific Promotion Terms) of receipt of the notification, Haymarket shall be entitled to select an alternative prize-winner. In such circumstances, Haymarket shall use reasonable endeavours to notify the alternative prize winner within nine weeks of the closing date (or such other timeframe as is indicated in the Specific Promotion Terms).

1.11. Promotions may not be entered into by personnel of Haymarket (or Haymarket Affiliates, as defined the General Terms & Conditions), the relevant promoter, or third parties working on the Promotion on behalf of Haymarket or the promoter (including advertising agencies and sales promotion consultancies), or the immediate families of such personnel or anyone else connected with the creation and administration of the Promotion.

1.12. Haymarket’s decision in respect of Promotion winners is final and no correspondence will be entered into. Odds of winning a Promotion depend on the number of eligible entries received.

1.13. To the extent permitted by law, Haymarket will not accept responsibility for loss through technical fault, incomplete, illegible or other damaged Promotion entries. Proof of Promotion entry is not automatically proof of receipt.

1.14. Promotion winners will receive their prize within 6 weeks of notification unless otherwise specified in the Specific Promotion Terms. The terms and conditions of any third party supplier may apply and must be accepted and complied with by a Promotion winner to accept the prize.

1.15. Haymarket will not be liable if a prize does not reach a Promotion winner for any reason outside the control of Haymarket or if a prize is damaged during delivery.

1.16. When dates are specified they cannot be altered. Haymarket accepts no responsibility if you cannot redeem a prize due to it only being available for redemption on a particular date (e.g. prizes for holidays that may result in you needing to take time off from work).

1.17. Prizes are non-transferable, non-negotiable and no cash alternatives will be offered.

1.18. Depending on the nature of the prize, its use or enjoyment may be subject to further conditions or restrictions.

1.19. By entering the Promotion, you acknowledge that Haymarket may publish or make available to others your name and county of residence (if in the UK) in the event that you win a prize. If you object to our publication of such information, you must contact data.protection@haymarket.com prior to claiming your prize. If requested to do so, we may also share your personal information with the Advertising Standards Authority (or similar bodies in other jurisdictions), including where you have objected to the publication of your personal information.

1.20. Where relevant, all taxes, insurances, transfers, spending money and other expenses (including meals, personal expenses, upgrades etc.) relating to a prize are excluded and are the sole responsibility of the Promotion winner, unless otherwise specifically stated.

1.21. Other than for death or personal injury arising from the negligence of Haymarket, Haymarket hereby excludes (so far as is permitted by law) all liability for any loss, damage, cost and expense, whether direct or indirect, howsoever caused, in connection with any Promotion or any aspect of the prize.

1.22. The General Terms & Conditions set out in Part 4 apply to these Promotion Terms & Conditions. In the event of any conflict or inconsistency between the General Terms & Conditions and these Promotion Terms & Conditions, the latter shall prevail.