By Using Our Site You Accept These Terms and Conditions
These Terms and Conditions were last updated on 1st December 2022.
Your agreement to comply with these Terms and Conditions is indicated by your use of Our Site. If you do not agree to these Terms and Conditions, you must stop using Our Site immediately. You will also be required to accept these Terms and Conditions if you sign up for an Account or submit a quote request form.
The following documents also apply to your use of Our Site:
- Our Acceptable Usage Policy, available at https://ellamckendrick.com/acceptable-usage-policy/. This is also referred to below in Parts 7, 9 and 17.
- Definitions and Interpretation
- In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
|means an account required to access certain features on Our Site, as set out in Part 7;
|means any online communications facility that We make available on Our Site enabling you to contact Us including, but not limited to, contact forms and live chat;
|means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
|means this website, ellamckendrick.com, and any reference to Our Site also refers to all Content on it, including User Content, unless expressly stated otherwise;
|means a user of Our Site;
|means content including, but not limited to, comments on articles published on Our Site, shared by Users on Our Site;
|means EJM Media Ltd.
|means a model where consumers are introduced to their party suppliers. Consumers are put into direct contact with the third party supplier. The consumer contract and transaction is direct with the third party supplier. The introducer does not have any authority to act on the 3rd party supplier’s behalf or bind the third party supplier to a contract with the customer. The Introducer has no handling of consumer money. This is different from being a Retailer, which is commonly known as being an Agent, where consumer money may be handled.
- Information About Us
- Our Site is operated by EJM Media Ltd. We are a limited company registered in England and Wales under company number 12391325.
- How to Contact Us and Your Use of Our Contact Tools
- To contact Us by email, please email Us by visiting ellamckendrick.com/contact
- We may provide the following Contact Tools for you to contact Us:
- contact form, live chat
- When using Our Contact Tools or contacting Us by any other means, the following rules apply, and you must not communicate, submit, or otherwise do anything that:
- is sexually explicit;
- in any way sexualises minors (including, but not limited to, child sexual abuse material);
- is obscene, deliberately offensive, hateful, or otherwise inflammatory;
- promotes violence;
- promotes, encourages, incites, or supports acts of terrorism;
- promotes or assists in any form of unlawful activity;
- is defamatory of another person;
- bullies, insults, intimidates, or humiliates another person;
- discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; nationality; gender; gender identity; sexual orientation; religious or philosophical beliefs; disability; or age;
- is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
- is calculated or otherwise likely to deceive;
- is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal information in a way that you do not have a right to;
- misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive [(obvious parodies are not included in this definition provided that they do not breach any of the other content standards in this Part 3)];
- implies any form of affiliation with Us or any other party where there is none;
- infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, designs, patents, trade marks, and database rights) belonging to Us or any other party;
- is in breach of any legal duty owed to another party including, but not limited to, contractual duties and duties of confidence
- We may monitor any and all communications made using Our Contact Tools.
- Access to Our Site
- Access to Our Site and Content is free of charge.
- It is your responsibility to make the arrangements necessary in order to access Our Site.
- Access to Our Site is provided on an “as is” and on an “as available” basis. We may suspend or discontinue Our Site (or any part of it) at any time. We do not guarantee that Our Site will always be available or that access to it will be uninterrupted.
- Changes to Our Site
We may alter and update Our Site (or any part of it) at any time for any reason.
- Changes to these Terms and Conditions
- We may alter these Terms and Conditions at any time. Any changes made to these Terms and Conditions will apply to your use of Our Site the first time you use it after the changes have been implemented. You are advised to check this page every time you use Our Site.
- If any part of the current version of these Terms and Conditions conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.
- Certain features on Our Site, such as the ability to share User Content, may require an Account.
- Only Users aged 16 or over may create an Account. If you are under the age of 16 and wish to use the features on Our Site that require an Account, your parent or guardian must create the Account for you and you may only use the Account with their supervision.
- When creating an Account, the information you provide must be accurate and complete. If any of your information changes, it is your responsibility to ensure that your Account is kept up to date.
- We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols.
- It is your responsibility to keep your Account details safe. You must not share your Account details with anyone else. If you believe your Account is being used by someone else without your permission, please change your password immediately by using the forgotten password link on the login page.
- You must not use another person’s Account without their permission.
- If you delete your Account, any User Content that you have shared on Our Site will remain but your username will be removed.
- We may disable your Account if, in Our reasonable opinion, you have breached these Terms and Conditions (including, but not limited to, Our Acceptable Usage Policy).
- How You May Use Our Site and Content (Intellectual Property)
- With the exception of User Content (please refer to Part 9), all Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us, unless specifically labelled otherwise. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
- Users retain the ownership of the copyright and all other intellectual property rights in their User Content (with the exception of any part of any User Content which is owned by a third party, in which case, Users must obtain express permission for such material to be used in the User Content). For information on the use of User Content, please refer to Part 10.
- You may access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app) and you may download Our Site (or any part of it) for caching (this usually occurs automatically).
- You may print copies and download extracts of any page(s) from Our Site for personal use.
- You may download and save any Content from Our Site where We clearly indicate that it is available for download for personal use.
- You may view and use User Content (for example, quote it) as set out below in Part 9.
- You may not use any Content (including User Content) from Our Site for commercial purposes without first obtaining a licence from Us, Our licensors, or the relevant User, as applicable).
- You may not systematically copy, save, or download Content (including User Content) from Our Site to create or compile any form of comprehensive collection, compilation, directory, or database without Our express written permission (or the permission of the relevant User).
- Unless expressly stated in these Terms and Conditions or on Our Site, you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site without Our express written permission (or the permission of the relevant User).
- If you wish to use any Content (or User Content) from Our Site in any way that is not permitted under these Terms and Conditions, please contact Us using the details provided above in Part 3.
- Our status as the owner and author of the Content on Our Site (or that of identified licensors or Users, as applicable) must always be acknowledged.
- Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyright, Designs and Patents Act 1988, ‘Acts Permitted in Relation to Copyright Works’, which provides exceptions allowing certain uses of copyright material including (but not limited to) non-commercial research and private study; text and data mining for non-commercial research; criticism, review, and reporting current events; teaching; accessibility; time-shifting; and parody, caricature, and pastiche. Further information is available from the UK Intellectual Property Office.
- User Content
- User Content on Our Site includes, but is not limited to, comments on articles published on Our Site.
- An Account is required for the submission of User Content to Our Site.
- All User Content and communications with other Users on Our Site must comply with the content standards set out in Our Acceptable Usage Policy, available at https://ellamckendrick.com/acceptable-usage-policy/.
- You warrant that you will comply with Part 10.3 and the content standards referred to. You will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of your warranty. You will be responsible for any loss or damage suffered by Us as a result of such a breach.
- We are not responsible for any loss of User Content submitted to Our Site. It is your sole responsibility to secure and backup your User Content.
- All User Content is considered non-confidential and non-proprietary.
- We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy.
- We have the right to disclose your identity to a third party if that third party claims that any User Content submitted by you infringes their intellectual property rights (including, but not limited to, copyright) or their right to privacy.
- User Content is not approved or verified by Us before it is displayed on Our Site. The opinions, views, and values expressed in User Content on Our Site are those of the relevant Users and do not represent Our opinions, views, or values.
- We do not store any terrorist content.
- If you wish to make a complaint about any User Content, please contact Us using the details provided above in Part 3.
- If you wish to remove User Content, you may do so by logging into and deleting it. Please note that caching or references to your User Content may not be made unavailable immediately and may not be made unavailable where they are outside of Our reasonable control.
- User Content on Our Site and the copyright and other intellectual property rights in that User Content, unless specifically labelled otherwise, belongs to or has been licensed by the User identified along with that User Content. All User Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
- You (or your licensors, as appropriate) retain the ownership of your User Content and all associated intellectual property rights. When you submit User Content to Our Site, you grant Us an unconditional, non-exclusive, fully transferrable, royalty free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence your User Content to the extent necessary to operate and promote Our Site.
- In addition to the licence granted to Us under Part 10.14, by submitting User Content to Our Site, Users grant each other the right to copy and quote their User Content within Our Site for the purpose(s) of replying to comments.
- Links to Our Site
- You may link to any page on Our Site
- Links to Our Site must be fair and lawful. You must not take unfair advantage of Our reputation or attempt to damage Our reputation.
- You must not link to Our Site in a manner that suggests any association with Us (where there is none) or any endorsement or approval from Us (where there is none).
- Your link should not use any logos or trademarks displayed on Our Site without Our express written permission.
- You must not frame or embed Our Site on another website without Our express written permission.
- You may not link to Our Site from another website the main content of which is unlawful; obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that We deem to be otherwise objectionable.
- Links to Other Sites
- Links to other websites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We accept no responsibility or liability for the content of third-party websites.
- The inclusion of a link to another website on Our Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.
We may feature advertising on Our Site. We are not responsible for the content of any advertising on Our Site including, but not limited to any errors, inaccuracies, or omissions in such advertising. Each advertiser is responsible for the content of their own advertising material. For further information about advertising, please refer to each advertiser’s own terms and conditions.
- Your Contact with Advertisers or Other Third Parties
In our role as an Introducer, we allow you to book similar travel experiences to those experienced by the authors on our website(s) and social media accounts. We do this by including a link to get a quote from a relevant local third party supplier(s). By following such links and or submitting a quote request form, you would be put into direct contact with the third party supplier. Your contract and transaction would be directly with the third party supplier, and we do not have any authority to act on the third party supplier’s behalf or bind the third party supplier to a contract with you. We also have no handling of your money.
Your dealings with advertisers or other third parties found on or accessible through our website are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items such as safari tours and excursions if any, and any terms, conditions, warranties, or representations associated with such dealings. Your access and use of third party and advertiser websites, including the content, items, or services on those sites, is solely at your own risk. We do not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that we will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on our website.
- Nothing on Our Site constitutes professional advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be obtained before taking any action relating to outdoor activities including walking and hiking and international travelling.
- We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up to date, but to the extent permitted by law, We make no warranties, representations, or guarantees (express or implied) that this will always be the case.
- The opinions, views, and values expressed in Content on Our Site are those of the authors of that Content and do not represent Our opinions, views, or values.
- If you are a business user, We exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content.
- Our Liability
- Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.
- If you are a business user (i.e. you are using Our Site in the course of business or for commercial purposes), to the fullest extent permissible by law, We accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.
- If you are a business user, We accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
- Our Site is intended for non-commercial use only. If you are a consumer, you agree that you will not use Our Site for any commercial or business purposes and that We shall have no liability to you for any business losses as set out above.
- Viruses, Malware, and Security
- We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; however, We do not guarantee that this is the case.
- You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
- You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
- You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
- You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
- By breaching the provisions of Parts 17.3 to 17.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
- Acceptable Usage of Our Site
- In addition to these Terms and Conditions, Our Acceptable Usage Policy, available at https://ellamckendrick.com/acceptable-usage-policy/, applies to your use of Our Site.
- You may only use Our Site in a lawful manner:
- You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
- You must not use Our site in any way, or for any purpose, that is unlawful or fraudulent; and
- You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.
- If you fail to comply with the provisions of this Part 18 and/or Our Acceptable Usage Policy, you will be in breach of these Terms and Conditions. We may take one or more of the following actions in response:
- Suspend or terminate your right to use Our Site;
- Issue you with a written warning;
- Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
- Take further legal action against you, as appropriate;
- Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
- Any other actions which We deem reasonably appropriate (and lawful).
- We hereby exclude any and all liability arising out of any actions that We may take (including, but not limited to those set out above in Part 17.3) in response to your breach.
- How We Use Your Personal Information
- Communications from Us
- If We have your contact details and/or if you have an Account, We may send you important notices by email from time to time. Such notices may relate to matters including, but not limited to, changes to Our Site or to these Terms and Conditions, or to your Account.
- We will not send you marketing emails without your express consent. If you do consent to marketing, you may opt out at any time. All marketing emails from Us include an unsubscribe link. If you opt out of emails from Us, it may take up to 14 days for your request to take effect and you may continue to receive emails during that time.
- For questions or complaints about communications from Us, please contact Us using the details above in Part 3.
- Law and Jurisdiction
- These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
- If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 13.1 takes away from or reduces your legal rights as a consumer.
- If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms and Conditions or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
- If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms and Conditions or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.