Terms of Use
Last updated: 01 October 2024
These Terms of Use are the T&Cs that apply to your use of the Sites, including our Website and third party sites/platforms. By using the Sites, you agree that you have read, understood and accepted them.
We are Little Bay Stays Ltd, of 24 Westfield Drive, Bearsden, Glasgow, Scotland, G61 1HZ ("Business", "we", "our" and "us"). You are the person using the Sites/Services, either personally or on behalf of an entity ("Customer", "you", "your" and "yours").
1. Terms of use
(1) Your agreement with us. These Terms of Use ("these Terms") apply to your use of the Sites. They are supplemental to the Terms & Conditions (also known as the "Terms of Business") and are incorporated into and form part of the Terms of Service, which is the Agreement between you and us. We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access the Sites (or parts of them) and content on them made available to you for your personal, non-commercial use. You must be at least 18 years old to use the Sites. We may amend these Terms of Use from time to time by posting an updated version to our Website; updates are effective immediately upon posting, except that if any update materially adversely affects your rights and obligations, we will provide written notice and those changes will be effective no sooner than 30 days after we notify you.
(2) If you represent someone, you need to ensure that you can accept these terms for them.
(3) Creating an account. You might be allowed to create a user account via our Site or a third party Site - please follow the steps shown.
(4) Platform and Sites. We may use Sites to provide the Services, including our Website and, if applicable, its subdomains and app ("Platform"), and third party Sites such as platforms, websites, apps and social media sites.
(5) Security. You must not make your account or credentials available to any other person and you accept responsibility for all activities on your account.
(6) Acceptance. By using the Sites, you agree to these Terms of Use, as updated from time to time. If in our reasonable opinion you breach these Terms of Use, we might disable your account or revoke your licence to use the Sites.
(7) Updates to the Sites. We may update and change the Sites or any content on them from time to time for any reason, without notice to you.
(8) Availability. We can't promise the Sites or any content on them will always be available. We may suspend, withdraw or restrict the availability of all or any part of the Sites for any reason, without notice.
(9) How you may use material on the Sites. We or our affiliates are the owner or the licensee of all Intellectual Property Rights in the Sites and in the material published on them. Those works are protected by copyright laws and treaties around the world; all such rights are reserved. Do not copy, download, or use our content without permission, and do not use any illustrations, photographs, video or audio sequences or graphics separately from any accompanying text. Our status as the authors of content on the Sites must always be acknowledged.
(10) Don't use our trade marks or service marks without our prior written consent.
(11) Uploading content to the Sites. Whenever you upload content to the Sites or make contact with other users, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution complies with those standards and you will be liable to us and indemnify us for any breach. Any content you upload will be considered non-confidential and non-proprietary; you retain all of your ownership rights in your content and grant us the User Content Licence.
(12) Rights you are giving us. Unless otherwise agreed, when you upload or post content to our Sites, or supply it to us, you grant us a worldwide, non-exclusive, fully paid-up, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, publish and perform that content, in full or in part, including your name, voice, image, likeness and business marks, in connection with our Business and Services, including to promote our Business and Services ("User Content Licence").
(13) Infringement of third party rights. If someone claims your uploaded content violates their intellectual property or privacy rights, we have the right to share your identity with them. We can remove any content you post if it breaches these Terms of Use.
(14) User-generated content isn't verified or approved by us, and those users' views don't reflect ours.
(15) Don't upload content related to terrorism.
(16) Viruses. We are not responsible for viruses and you must not introduce them. We do not guarantee that the Sites will be secure or free from bugs or viruses - use protective software. Do not misuse our Sites or attack or seek to gain unauthorised access to our Sites, systems, computers, databases or servers; doing so is illegal and your right to use the Sites will cease immediately.
(17) Linking. You may only link to our home page, as long as it's fair and legal and doesn't imply endorsement or association where none exists. For any other linking, reach out to us first. We reserve the right to withdraw linking permission without notice.
(18) No text or data mining, or web scraping. You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Sites, including using any robot, bot, spider, scraper, artificial intelligence or other automated device, program, tool or process to access, obtain, copy, monitor or republish any portion of the Sites or any data accessed via them. This clause is an express reservation of our rights, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790).
(19) We sometimes link to other sites, and these links are provided for your information only. We don't endorse or approve them and aren't responsible for their content.
(20) If you find illegal or problematic content, let us know using our contact details.
(21) If we remove content you uploaded and you have concerns, contact us.
(22) Affiliate links. We may reference the products and services of third party providers, or connect and introduce you to them, in some cases in return for a commission payable by those third parties, and there is no charge to you in relation to this.
23. Acceptable Use Policy
Using our Sites and Services means you accept and follow this Acceptable Use Policy. You may not use the Sites: in any way that breaches any applicable law or regulation; in any way that is unlawful or fraudulent; to harm or attempt to harm anyone; to bully, insult, intimidate or humiliate any person; to send unsolicited or unauthorised advertising (spam); or to transmit any viruses, Trojan horses, worms, keystroke loggers, spyware, adware or other harmful code. You also agree not to reproduce, duplicate, copy or re-sell any part of the Sites, and not to access without authority, interfere with, damage or disrupt any part of the Sites or any equipment, network or software connected with them. Content on the Sites is for your personal, non-commercial use only, and may not be distributed. Where we consider a breach of this Acceptable Use Policy has occurred, we may take such action as we deem appropriate, including withdrawal of your right to use the Sites, removal of content, a warning, or legal proceedings.
2. Disclaimers; indemnification; limitation of liability; and notices
The Sites are provided "as is". To the fullest extent permitted by law, we and our affiliates and licensors exclude all conditions, warranties and representations with respect to the Sites and content on them, and disclaim all warranties including fitness for purpose and satisfactory quality. We do not warrant that the Sites will be uninterrupted, accurate or free of errors. These Terms will not limit any non-waivable warranties or consumer protection rights you may be entitled to under applicable law.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the Sites, or use of or reliance on any content displayed on the Sites. In particular, we will not be liable for loss of profits, sales, business or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
Consumers only. We only provide the Sites to you for domestic and private use. If defective digital content we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation; however, we will not be liable for damage you could have avoided by following our advice to apply a free update, or damage caused by your failure to correctly follow installation instructions. We recommend you always keep your browser up to date.
The content and information are provided for informational purposes only. While we endeavour to keep content up to date and obtained from sources believed to be reliable, we do not make any representation, warranty or guarantee as to its completeness, accuracy, timeliness or suitability. No content or information on the Sites constitutes legal, financial, or investment advice, or any other form of professional advice; you must obtain your own independent professional advice for your particular circumstances before taking, or refraining from taking, any action.
3. Data protection
We will process your personal information in accordance with our Privacy Policy.
4. Assignment and other dealings
These Terms of Use are personal to you, and you shall not assign, transfer, subcontract, delegate or deal in any other manner with any of your rights and obligations under these Terms of Use without our prior written consent. We may do so, including by novating these Terms of Use, at any time to any person.
5. Severance
If any provision or part-provision of these Terms of Use is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If that's not possible, the relevant provision or part-provision shall be deemed deleted. Any such modification or deletion shall not affect the validity and enforceability of the rest of these Terms of Use.
6. Governing law and jurisdiction
If you are a business user, these Terms of Use and any related dispute or claim will be governed by and construed according to the laws of England, and both parties irrevocably agree that only the courts of England have the authority to settle any dispute or claim. If you are a consumer user, you and we both agree that the courts of England and Wales will have exclusive jurisdiction, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
7. Definitions and interpretation
We are the business specified in the Legal Information. You are the person using the Sites/Services, either personally or on behalf of an entity. You and us are each a "party", together the "parties". Capitalised terms not defined in these Terms of Use have the meanings given in the Terms & Conditions, unless otherwise stated. Words in the singular include the plural and vice versa; words following "including", "include", "in particular" or "for example" are illustrative and do not limit the sense of the preceding words; and headings are for convenience only. "Intellectual Property Rights" include patents, copyright, trade marks and service marks, business names, rights in designs, confidential information (including know-how and trade secrets) and all other intellectual property rights, whether registered or unregistered, in any part of the world.