MY FREE HOLIDAY LIMITED
TERMS AND CONDITIONS
THIS DOCUMENT SETS OUT THE TERMS ON WHICH MY FREE HOLIDAY LIMITED (“MFH”) PROVIDES THE USER WITH ACCESS TO CERTAIN FEATURES AND FUNCTIONALITIES (“SERVICE”) TO WWW.MYFREEHOLIDAY.COM (“WEBSITE”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE AND THE WEBSITE. THE USER ACKNOWLEDGES THAT BY CLICKING ON THE BUTTON MARKED “I ACCEPT” OR BY USING THE SERVICE AND/OR THE WEBSITE (WHOLLY OR PARTLY) IN ANY WAY, THE USER AGREES TO BE BOUND BY THESE TERMS. IF THE USER DOES NOT ACCEPT THESE TERMS, THE USER SHALL NOT BE ABLE TO USE THE SERVICES AND/OR THE WEBSITE.
THE USER IS ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS FOR FUTURE REFERENCE.
For the avoidance of doubt, the General Conditions under Section A shall be applicable to all Users of the Service and the Website. Sections B and C shall apply respectively to the Benefactor and the Beneficiary in addition to the provisions under Section A.
SECTION A: GENERAL CONDITIONS
1. Definitions
The following words and expressions shall have the following meanings:
“Benefactor” means a user who makes a Contribution towards the Beneficiary’s Holiday Fund, and who, for the avoidance of doubt, shall have access to certain functionalities on the Website as part of the Service;
“Beneficiary” means a user who is in receipt of the Contribution using the Holiday Fund and who, for the avoidance of doubt, shall have access to certain functionalities on the Website as part of the Service;
“Contract” means the contract between the User and MFH in respect of the User’s use and access to the Service and the Website;
“Contribution” means a sum equivalent to a percentage of the Credits which is paid into the Holiday Fund;
“Credit” means the credit paid for by the Benefactors to access the Service;
“Holiday Fund” means the Beneficiary’s allocated account into which the Contribution is paid;
“Holiday Fund Target” means details relating to the holiday which the Beneficiary wishes to take, including without limitation, the target sum of money required, destination, estimated dates on which the Beneficiary intends on taking the holiday and all other related information requested by MFH from time to time;
“Intellectual Property Rights” means all intellectual property rights including without limitation, patents, utility models, trade and service marks, trade names, domain names, right in designs, copyrights, moral rights, topography rights, rights in databases, trade secrets and know-how and in all cases whether or not registered or registrable and including registrations and applications for registration of any of these and rights to apply for the same, and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world;
“Network” means the electronic communications network used by MFH to provide the Service and access to the Website;
“Privacy Statement” means such policy in relation to data protection and privacy as is displayed on the Website from time to time;
“Profile” means the account created by the User which includes details of the User’s identity and personality and which may or may not be made available to other Users using the Service and/or the Website;
“Service” means access to and use of specific functionalities on the Website by the Benefactor and the Beneficiary;
“Travel Affiliates” means third party travel service providers affiliated with MFH and which shall provide the travel arrangement services for the Beneficiary in accordance with the terms herein;
“User” means the Benefactor and/or the Beneficiary;
“User Submission” means all information (in all format) including without limitation, audio files, visual files, textual files, graphics, descriptions, comments, suggestions and advice of any nature made by the User using the Service and the Website; and
“Website” means www.myfreeholiday.com or any designated unique resource locator notified by MFH to the User from time to time.
2. INFORMATION ABOUT MY FREE HOLIDAY LIMITED AND THE WEBSITE
2.1 This Website is owned and managed by My Free Holiday Limited, a company registered in England and Wales with the company registration number 06806046 and having its registered address at 31 Wey House Northolt Middlesex UB5 6GE .
2.2 MFH may be contacted by email at info@myfreeholiday.com or by writing to the Customer Support Department at Customer Care Department My Free Holiday Limited 31 Wey House Northolt Middlesex UB5 6GE.
3. REGISTRATION
3.1 In order to use the Service and access the functionalities of the Website, a User must register with MFH either as a Beneficiary or a Benefactor by completing the online registration form on the Website.
3.2 The User warrants that the information provided to MFH are true accurate and correct. The User shall promptly notify MFH in the event of any changes to such information.
3.3 The User consents to MFH conducting verification and security procedures in respect of the information provided to MFH. For the avoidance of doubt, MFH shall not undertake any third party enquiry into the User’s credit worthiness or financial consent without the User’s consent.
3.4 Upon the User’s registration with MFH either as a Benefactor or a Beneficiary, MFH shall provide the User with login details to access the User’s Profile
3.5 Upon the User’s registration with MFH, MFH may provide the User with login details to access the relevant Services, either as a Benefactor or a Beneficiary. The User shall keep its login details confidential and secure. Without prejudice to MFH’s other rights and remedies, MFH reserves the right to promptly disable the User’s login details and suspend the User’s access to the Service and/or the Website in accordance with these Terms if MFH has any reason to believe that the User is in breach of this clause 3.5.
3.6 The User’s Contract with MFH commences in accordance with the provision under clause 4.
4.1 The Contract between MFH and the User shall commence upon the User’s registration with the Website in accordance with clause 3.1.
4.2 Due to the manner which the Service and the Website are made available to the User, the User hereby agrees and consents to the immediate commencement of the performance of the Service.
4.3 Notwithstanding the foregoing provisions, MFH reserve the right at its sole and absolute discretion to reject the User’s application either as a Benefactor or a Beneficiary for any reason.
5.1 MFH shall use its reasonable endeavours to provide the User, either as a Benefactor or a Beneficiary, with all aspects of the Service and any additional service that MFH agrees to provide to the User at all times.
5.2 MFH shall be entitled at its own discretion and upon notice to the User, to suspend the Service and/or the Website for any reason whatsoever including but not limited to repairs, planned maintenance or upgrades and shall not be liable to the User for any such suspension or unavailability of the Service and/or the Website (wholly or partly).
5.3 MFH reserves the right to make any changes to the Services and/or the Website including any functionalities and content therein or to discontinue a specific functionality from time to time provided that (a) MFH notifies the User in writing using the Website; and (b) such changes shall have no material adverse effects to the User.
5.4 MFH may update or revise these Terms from time to time and will notify the User of such updates and revisions through a message displayed on the Website. The User’s continued use of the Service and/or the Website (wholly or partly) shall be deemed acceptance by the User of such changes in respect of the update or revised Terms.
5.5 To provide the Services to the User, MFH may be required to monitor the User’s use of the Service and/or the Website from time to time. The User hereby consents to MFH monitoring its use thereof.
6.1 The User shall be solely responsible and liable for the use of the Service and all activities registered on the Website under the User’s Profile, whether the User is a Benefactor or a Beneficiary.
6.2 The User must promptly notify MFH in the event there is a breach of security or any unauthorised use of the User’s Login Details to access the Service and/or the Website.
6.3 At all the times, the User either as a Benefactor or a Beneficiary of the Service and/or the Website shall not, submit the User submissions that may be reasonably be deemed to be offensive, illegal, inappropriate or in any way:
6.3.1 Promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
6.3.2 Harass or advocate harassment of another person;
6.3.3 Display pornographic or sexually explicit material;
6.3.4 Promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
6.3.5 Promote any illegal activities;
6.3.6 Provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
6.3.7 Promote or contain information that you know or believe to be inaccurate, false or misleading;
6.3.8 engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of MFH; or
6.3.9 Infringe any rights of any third party including without limitation, Intellectual Property Rights or any other proprietary rights thereof.
6.4 MFH reserves the right not to publish or to remove, edit, or paraphrase any User Submission which may be deemed to be in breach of clause 6.3.
6.5 In the event the User feels or is of the opinion that any of the User Submission is objectionable, the User may contact MFH using the contact details set out on the Website. MFH shall use its reasonable endeavours to review the relevant User Submissions as soon as it is practicable and shall take any such action as it deems necessary, if any.
6.6 The User further agrees that at all times, it shall:
6.6.1 Not use its Login Details with the intent of impersonating another person;
6.6.2 Not allow any other person to use its Login Details;
6.6.3 Not use the information made available to it using the Service or the Website for any purposes other than those expressly set out in these Terms;
6.6.4 Not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Service and/or the Website or in respect of the network;
6.6.5 Not use the Website, the content therein and/or do anything that will infringe any Intellectual Property Right or other rights of any third parties;
6.6.6 Not use any information obtained using the Service and/or the Website otherwise than in accordance with these Terms;
6.6.7 Comply with all instructions, guidelines and policies from MFH from time to time in respect of the Website;
6.6.8 Co-operate with any reasonable security or other checks or requests for information made by MFH from time to time; and
6.6.9 Use all information, including without information, such User Submission made available to it using the Service and/or the Website at the User’s own risk.
6.7 In the event that MFH, in its sole and absolute discretion, considers that the User has breached any of the terms set out in this clause 6, MFH shall reserve the right to take any action that it deems to be necessary, including without limitation, the termination forthwith and without notice, the User’s use of and access to the Website); and in the case of illegal use, the instigation legal proceedings as appropriate.
6.8 Without prejudice to any of MFH’s other rights and remedies, MFH reserves the right, in its sole and absolute discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of this clause 6.
7.1 Subject to this clause 7 and unless otherwise expressly set out to the contrary in these Terms, the Contract between MFH and the User shall remain in force for the term in which the User uses the Services and the Website in accordance with the Terms herein.
7.2.1 Giving written notice to MFH of its intention to terminate; and
7.2.2 Ceasing access to its Profile and use of the Service.
Where the User fails to access its Profile for a period of not less than Three months and fails to notify MFH pursuant to clause 7.2 herein, MFH shall (a) notify the User of the User’s deemed termination of its Contract; and (b) deactivate the User’s Profile on the Website.
7.3 MFH may terminate its Contract with the User by giving not less than thirty (30) days prior written notice if the Network owner ceases to make the Network available to MFH.
7.4 MFH reserves the right to suspend and/or terminate the User’s access to and use of the Service and the Website upon giving notice if:
7.4.1 MFH believes that the User or someone using the User’s Login Details and/or Profile has failed to comply with one or more of these Terms;
7.4.2 MFH believes that there has been fraudulent use, misuse or abuse of the Services and/or the Website whether wholly or partly;
7.4.3 MFH believes that the User has provided MFH with false, inaccurate or misleading information; or
7.4.4 MFH believes that the User is in the business of re-selling, promoting the Service for resale or is otherwise engaged in other similar activities.
7.5 Upon termination of the Contract in accordance with:
7.5.1 Clause 7.2, Section B3.1 and Section C3.1 shall apply; or
7.5.2 Clause 7.4, Section B3.2 and Section C3.2 shall be applicable.
7.6 The User shall not have any access to the Service, the Website or to its Profile upon the suspension or termination of its Contract.
8.1 Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from MFH to the User, the Intellectual Property Rights in any and all information, materials and content made available to the User under this Agreement including any Intellectual Property Rights owned by and/or licensed to MFH and all rights, title and interest in and to such Intellectual Property Rights shall remain exclusively with MFH and/or its licensors.
8.2.1 reproducing, copying, editing, transmitting, uploading or incorporating in any and all information, materials and content made available to it under these Terms; or
8.2.2 removing, modifying, altering or using any trademarks, trade names, designs or logos (whether registered or unregistered) owned by and/or licensed to MFH; and
doing anything which may be seen to take unfair advantage of the reputation and goodwill of My Free Holiday Limited, the Service and the Website or which may be considered an infringement of any of the Intellectual Property Rights owned by and/or licensed to MFH without first obtaining MFH’s written consent.
8.3 The User hereby grants MFH a worldwide, perpetual, non-transferable, non-sub-licensable, non-terminable and non-assignable fully paid up licence to use the User Submissions for the purposes of performing its obligations as set out herein and for any other marketing and publicity purposes.
9.1 The User hereby warrants that (a) it is at least 18 years old; and (b) it has the right and capacity to enter into and be bound by these Terms.
9.2 The User further warrants that the information provided to MFH are at all times, true, accurate and correct and that the User shall promptly inform MFH in the event of any changes to such information.
9.3 Whilst the Service and the Website encourages the Users to contact and socialise with each other using the Website, the User is advised to take all relevant precautionary steps when arranging any social meetings with other Users. The User is also advised to take independent legal advice in the event it enters into any business or legal relationship with other Users using the Website and/or the Service. Consequently, the User acknowledges and agrees that it shall exercise due care and caution when contacting other Users using the Service and the Website.
9.4 MFH does not verify any User Submission, Profiles and all information made available to the User on the Website. Consequently, MFH does not warrant or guarantee the accuracy, correctness, reliability, suitability or at all in respect of the User Submission and the Profile. MFH advises the User not to rely on them to assist in making or refraining from making a decision, or to assist in deciding on a course or a specific cause of action. If the User so intends to use and/or rely on the User Submission, Profiles and all such information made available to the User on the Website, the User does so at its own risks and liabilities.
9.5 Additionally, the User agrees and understands that where MFH includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by MFH, and to the maximum extent permitted by law, MFH shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.
9.6 The User acknowledges and agrees that MFH relies on third party providers to make the Service and the Website available to the User. Consequently, MFH does not warrant that the Service and the Website shall be uninterrupted or fault-free at all times.
9.7 All warranties, representations, guarantees, conditions and terms other than those expressly set out herein whether express or implied by statute, common law, trade usage or otherwise, and whether written or oral are hereby expressly excluded to the fullest extent permissible by law. Consequently all information, advice, suggestions and recommendations, including without limitation, the User Submissions of other Users and the Profiles are provided to the Use on an “as is” basis.
9.8 The User understands, agrees and warrants that in the event the User breaches these Terms and in particular, any provisions relating to Intellectual Property Rights owned by and/or licensed to the User, the User shall be solely responsible and liable for any actions (legal or otherwise) taken by any third party or authorities.
9.9 Nothing in these Terms shall limit or exclude MFH’s liability to the User in respect of death and personal injury.
9.10 Subject to clause 9.9, the User shall not be liable for any indirect or consequential losses, expectations of a specific nature or anticipated outcome, anticipated savings, loss of management time, loss of profit, loss of data, loss of business, loss of contract, loss of goodwill and reputation, loss of prospects (financial or otherwise) or any other losses however arising and whether caused by tort (including negligence), breach of contract or otherwise even if foreseeable and arising out of or in connection with these Terms.
9.11 MFH’s maximum aggregate liability under, arising from or in connection with these Terms, whether arising in contract, tort (including negligence) or otherwise, shall not exceed the total monies paid by the User to MFH under these Terms.
10. PRIVACY POLICY
10.1 MFH enforces a strict Privacy Policy which the User may access by clicking here [insert the hypertext link with regard to the Privacy Policy] or by visiting the Website. The terms of the Privacy Policy form part of these Terms and the User hereby agrees to be bound by them.
11. GENERAL
11.1 This Contract is personal to the User and the User may not transfer the Contract to any third party at any time. MFH reserves the right to transfer the Contract to any third party at any time upon reasonable notification to the User using the Website.
11.2 If MFH fails at any time during the term of these Terms, to insist upon strict performance of any of the User’s obligations under these Terms, or if MFH fails to exercise any of the rights or remedies to which MFH is entitled to do so under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve the User from compliance with such obligations.
11.3 A waiver by MFH of any default shall not constitute a waiver of any subsequent default.
11.4 No waiver by MFH of any of the Terms shall be effective unless it is expressly stated to be a waiver and is communicated to the User in writing.
11.5 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
11.6 These Terms and any document expressly referred to in them represent the entire agreement between the User and MFH in relation to the provision by MFH of the Service and access to the Website to the User and shall supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing.
11.7 The parties each acknowledge that, in entering into these Terms, neither party has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and us except as expressly stated in the Terms.
11.8 These Terms are governed by and shall be construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts.
SECTION B: SPECIAL CONDITIONS FOR BENEFACTORS
B1. BENEFACTOR OBLIGATIONS
B1.1 In order for the Benefactor to access certain functionalities of the Service and the Website which includes without limitation, the ability to contact and communicate with the Beneficiary, the Benefactor shall be required to purchase the Credits.
B1.2 The Credits may be purchased by the Benefactor in accordance with the instructions provided to the Benefactor on the Website. The Benefactor understands and agrees that it shall have no access to such functionalities of the Service and the Website pursuant to clause B1.1 if the Benefactor does not have, or has insufficient Credit in its account.
B2. PURCHASE OF CREDITS
B2.1 The Benefactor may purchase the Credits using any of the accepted methods of payment or payment handling services, details of which are more particularly set out on the Website.
B3. EFFECTIONS OF TERMINATION
B3.1 In the event termination of the Contract is in accordance with clause 7.2 any remaining Credits in the Benefactor’s account shall expire.
B3.2 If MFH terminates the Contract with the Benefactor in accordance with clause 7.4, MFH shall be entitled to retain the remaining Credits in the Benefactor’s account by way of liquidated damages. The Parties agree that this sum represents a genuine pre-estimate of loss that MFH would suffer as a result of the occurrence of any of the events set out in clause 7.4.
SECTION C: SPECIAL CONDITIONS FOR BENEFICIARIES
C1. BENEFICIARY’S HOLIDAY FUND, HOLIDAY FUND TARGET AND CONTRIBUTIONS
C1.1 The Beneficiary shall provide all information requested by MFH in respect of its Holiday Fund Target.
C1.2 MFH shall pay the relevant Contribution into the Beneficiary’s Holiday Fund when it has received the Credits from the Benefactor.
C1.3 MFH shall contact the Beneficiary using the contact details on the Beneficiary’s Profile once the Holiday Fund Target has been achieved.
C1.5 The Beneficiary shall respond to MFH’s initial notification as set out in clause C1.3 in order to use the Contribution.
C1.6 In order to use the Contribution, the Beneficiary must ensure that the following provisions are strictly complied with:
C1.6.1 the Holiday Fund Target has been achieved;
C1.6.2 the Contribution is used in accordance with the details set out in the Holiday Fund Target;
C1.6.3 all travel arrangements are made using the services of the Travel Affiliates;
C1.6.3 the Beneficiary pays the Travel Affiliates the price difference in the cost of the holiday in the event the sum total for booking the holiday in accordance with the Holiday Fund Target exceeds the total Contribution available in the Holiday Fund.
C1.7 In the event the cost of the holiday booked by the Beneficiary with the Travel Affiliates is less than the Contribution available in the Holiday Fund, then upon the consent of MFH (which shall not be unreasonably withheld), such remaining Contribution shall be retained in the Holiday Fund and may be transferred for use by the Beneficiary in its subsequent Holiday Fund Target.
C1.8 The Beneficiary shall not be entitled to any cash alternative in respect of the Contribution for any reason whatsoever.
C3. EFFECTS OF TERMINATION
C3.1 The Beneficiary acknowledges and agrees that in the event its Contract with MFH is terminated in accordance with clause 7.2 prior to the Beneficiary achieving the Holiday Fund Target, the Contribution shall expire on the date of such termination and MFH shall be entitled to retain all Contribution in the Holiday Fund. For the avoidance of doubt, in the event the Beneficiary subsequently re-registers with MFH as a Beneficiary, it shall not in any way or for any reason be entitled to any of such Contribution, if any.
C3.2 In the event termination of the Contract is in accordance with clause 7.4, MFH shall be entitled to retain the Contribution in the Holiday Fund by way of liquidated damages. The Parties agree that this sum represents a genuine pre-estimate of loss that MFH would suffer as a result of the occurrence of any of the events set out in clause 7.4.
C4. ADDITIONAL EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITIES
C4.1 The Beneficiary acknowledges that all travel arrangements shall be made with the Travel Affiliate and that MFH shall have no participation in such arrangements other than to introduce the Beneficiary to the Travel Affiliate.
C4.2 The Beneficiary further acknowledges that MFH’s obligations to the Beneficiary in respect of the Holiday Fund, the Holiday Fund Target and the Contribution ends upon MFH having introduced the Beneficiary to the Travel Affiliate.
C4.3 The Beneficiary warrants that (a) it has all the necessary travel documents in order to book the holiday using the Contribution and to take the holiday in accordance with the Terms herein; and (b) it shall comply with all applicable laws in the performance of its obligations under these Terms.
C4.2 MFH shall not be liable whatsoever for any direct, indirect, consequential or special losses, loss of expectations, loss of opportunity, loss of anticipated savings, loss of goodwill and reputation, loss of prospect (financial or otherwise) or any losses however arising and whether caused by tort (including negligence), breach of contract or otherwise even if foreseeable and arising out of or in connection with these Terms.