Don't Stay In Ltd (“we”, “us”, “our”) is a company incorporated in England and Wales with company number 08134054 and having its registered office at C/o Bacs 2 Basics Ltd, 15 Hillcrest Road, Blackburn, Lancashire, BB6 8EP and references to us also includes subsidiary companies in which Web Giants Limited is the majority shareholder which may be involved in the provision or administration of services to you.
Set out below are the terms and conditions (the “Terms”) you are agreeing to when you use (however you access it including from a mobile device) the Don’t Stay In Website, www.don’tstayin.com (the “Site”). The terms also apply to software we provide for use on electronic devices ("App").
You should read, and ensure that you understand, all of the Terms prior to using the Site or App. If you do not agree to be bound by these Terms then you should not use the Site or App. The operation of the Site and App is referred to as the "service".
1. By using the Site or App, you warrant that you have the right, authority and capacity to enter into and be bound by these Terms.
2. The service is brought to you by us based on the information that we hold which may include your location. When using the App, if you do not wish the location services to be used then please change the settings. When accessing the Site via a handheld device then the GPS on that device may function separately from the location service, in which case it is advised that you do not access the Site via your handheld browser if do not wish for your location to be known to us.
3. We do not represent that any material on the Site is appropriate for use in locations other than the UK (except where stated in writing) and will not be liable for any losses incurred as a result of such use. If you choose to access the Site from other locations, you are responsible for compliance with local laws if and to the extent such local laws are applicable.
4. By submitting information to the Site, you agree that, whilst we may contact you in relation to the information you have provided, we are not obliged to provide you with any particular service.
5. We make no warranty that the contents of the Site are free from infection by viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof. You should maintain anti-virus software on your computer.
6. We do not represent or guarantee the truthfulness, accuracy or reliability of any material contained on the Site or Apps. All such material is intended as information only and does not constitute advice. You acknowledge and agree that any reliance on material contained on the Site is at your own risk. Offers are subject to the provider’s terms and availability. We take no responsibility for the validity or failed application of an offer which is a matter between you and the provider of the Offer.
7. We have taken care in the preparation of the content of the Site and App, however we cannot guarantee uninterrupted and totally reliable access to the Site or App, and therefore cannot guarantee that the information will always be completely up to date and free of mistakes. To the extent permitted by applicable law, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on the Site or App and will accept no liability for any loss or damage arising as a result of problems with access.
8. We reserve the right to make changes to the service or discontinue any feature of the service without giving you prior notice. We shall not be liable to any person for any loss or damage howsoever caused which may arise from the use of any of the information and materials contained on the Site or Apps which are provided by third party providers.
9. We will not be held responsible or liable for:
a. the availability of any third party products and services or otherwise that are accessed through Don’t Stay In;
b. any content, advertising, products or services available from such third parties;
c. any bookings, products or services provided by third party providers.
Any dealings between you and any third party provider found on or via Don’t Stay In, are made between you and the relevant third party provider and will be made on their own terms and conditions. Therefore, we are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.
10. Certain (hypertext) links in the Site or App may lead to other websites, which are not under our control. When you activate any of these you will leave the Site and we have no control over and will accept no responsibility or liability for the material on any website which is not under our control.
11. We may make software owned or operated by third-party companies available to you. You must only use this software in accordance with the terms and conditions imposed by the third-party provider.
12. Your correspondence or participation in promotions, or business dealings with advertisers or our providers found on or through the Site or App, including payment of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers or providers. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings, or as the result of the presence of such advertisers or providers on the Site or App.
13. We may suspend the Site or App at any time and for any reason whatsoever, including but not limited to repairs or upgrades, and shall not be liable to you for any such suspension.
14. We reserve the right to alter these Terms from time to time by posting new terms and conditions on the Site or App.
15. If any provision of these Terms is held by any competent authority to be illegal, invalid or unenforceable in whole or in part then such provision shall be deemed to be omitted and the validity of the other provisions of these Terms shall not be affected.
16. All liability is excluded to the maximum extent permitted by law including any implied terms. Your rights as a consumer are not affected.
17. The exclusions of liability set out in these Terms shall not apply to any damages arising from death or personal injury caused by our fraud or negligence, or that of our employees or agents.
18. Nothing in these Terms shall, whether directly or indirectly, give or be deemed to give any enforceable benefit of any kind to any third party as against us.
19. Any failure or delay by us to enforce any of these Terms shall not be considered a waiver by us of our right to enforce such term or condition of these Terms.
20. We prohibit the use of the Site or App for any unlawful purpose. In addition to this, you agree not to use, nor allow any person under your control to use, the Site or App for the following purposes:
a. posting any incomplete, false or inaccurate information;
b. posting any information which is subject to confidentiality provisions (implied or express);
c. posting any information which, in our reasonable opinion, we consider to be defamatory, offensive, obscene, threatening, racist, sexist or discriminatory;
d. deleting, amending or in any way altering any material which has not been posted by you;
e. posting materials which are not your own work (in whole or in part) without having the consent of the original author; or
f. making use of the Site or App and/or the materials in a way which infringes the intellectual property rights of any other party or constitutes or incites a criminal offence.
21. In the event that we consider that you are making any illegal and/or unauthorised use of the Site or App and/or your use of the Site or App is in breach of these Terms, we reserve the right to take any action that we deem fit, including terminating your use of the Site or App without notice and with immediate effect and, in the case of illegality, instigating criminal proceedings.
22. Notwithstanding any other provision of these Terms, we may, at any time and for any reason, terminate your use of the App and deny you access to the Site.
23. The copyright and all other intellectual property rights in the material contained on the Site or App, together with the website and App design, images and source code and the name and designations of the Site, App and service belongs to us or is licensed to us and all rights are reserved.
24. You warrant that you are the owner, or alternatively that you have obtained the necessary consent(s) from the owner(s), of all and any material that you post on the Site or App.
25. You grant to us a non-exclusive, perpetual, irrevocable, royalty-free licence to use any material that you post on the Site in accordance with these Terms including the ability to edit, publish, delete and reproduce such material.
26. You warrant that you will neither (a) resell, transfer or provide to any other person the use of or access to the Site; nor (b) allow any other person access to any password, user ID or account information held by you in connection with the Site.
27. We grant to you a non-transferable, non-exclusive, revocable, royalty-free licence to view and print the content of the Site and App for your personal and non-commercial use only.
30. Vouchers / Offers are provided by third parties and therefore we offer no guarantee that the Vouchers / Offers are valid or without conditions. You are advised to check that any applicable discounts or other terms have been applied prior to committing to any purchase in connection with any vouchers or deals.
31. These Terms shall be governed by and construed in accordance with laws of England and Wales. By accepting these Terms you submit to the non-exclusive jurisdiction of the English courts.