Climb Online Limited (Company Number 09090758) (Climb Online) grants you a non-exclusive, limited and revocable licence to use and access this website (www.climb-online.co.uk) (Website) subject to these terms and conditions (Terms). In these Terms, “us”, “we” and “our” refer to Climb Online and references to “you” and “your” is to you, the user of the Website.
By using the Website you agree to be bound by these Terms - if you do not agree with these Terms you must immediately stop using the Website. You agree that we may change, update or otherwise amend the Website and these Terms at our absolute discretion.
We may end the agreement formed by the Terms immediately by giving you written notice. It is not essential to provide reasons for the termination. Where terminated, you must immediately cease using the Website.
You acknowledge that we are not required to keep the Website available for your use and we make no warranties as to its availability.
We accept no responsibility for the unavailability of this Website, or any offer of Services found on the Website, and you agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Website.
We make no guarantees, implied or express, as to the ongoing availability of the Website or Services.
All content on the Website is the copyright and property of Climb Online and can be used for any purpose relating to the Website or the business of Climb Online. Without the express written permission of Climb Online, you shall not copy the Website for your own commercial purposes, including:
Replicate or use the details and profiles of any Service Provider;
Replicate all or part of the Website in anyway; or
Incorporate all or part of the Website in any other webpage, website, Website, application or other digital or non-digital format.
Climb Online has moral & registered rights in its trademarks and you shall not copy, alter, use or otherwise deal in the marks without the prior written consent of Climb Online.
All content remains the Intellectual Property of Climb Online, including (without limitation) any source code, product recipes, usage data, ideas, enhancements, feature requests, suggestions or other information provided by the Customer or any Service Provider.
Third Party Websites and Advertising
The Website may from time-to-time contain information & advertising from third-party businesses, people & websites (Third Parties). You consent to receiving this information as part of your use of the Website.
We are not responsible for any information transmitted by Third Parties or liable for any reliance you make upon the information or statements conveyed by Third Parties (or in relation to your dealings with Third Parties), nor are we responsible for the accuracy of any advertisements.
Limitation of Liability and Indemnity
You agree that you use the Website at your own risk.
You acknowledge that in using the Website you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Website, including any breach by you of these Terms.
In no circumstances will Climb Online be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Website or any content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not Climb Online knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise
Certain rights and remedies may be available under the Sale of Goods Act 1979 or the Consumer Protection Act 1987 or similar legislation in other jurisdictions and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we and our related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to the re-performance of services or payment of the cost of re-supply of services.
In all circumstances, you agree that any liability of Climb Online shall not exceed the value of the Booking you placed using the Website.
You can contact our Customer Service team by email [email protected]
You can direct notices, enquiries, complaints and so forth to Climb Online using any other details published on the Website. We will notify you of a change of details from time-to-time by publishing new details on the Website.
We will send you notices and other correspondence to the email address that you submit to the Website, or that you notify us of from time-to-time. It is your responsibility to update your contact details as they change.
A consent, notice or communication under this agreement is effective if it is sent as an electronic communication (having the meaning given to that term in Electronic Communications Act 2000 and the Electronic Signatures Regulations 2002) unless required to be physically delivered under law.
Climb Online may assign or otherwise create any interest in their rights under these Terms by giving you written notice.
Any provision of these Terms, which is invalid or unenforceable in any jurisdiction, is, as to that jurisdiction, ineffective to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction. The parties will negotiate in good faith to replace any such provision with a provision which is valid and enforceable and consistent with the intention of these Terms, so far as is reasonably practicable.
These Terms form part of an ecommerce transaction and the parties agree that these Terms shall be accepted electronically and the agreement to these Terms is formed & validly entered into electronically.
The termination of these Terms does not affect the parties’ rights in respect of periods before the termination of these Terms.
These Terms are governed by the laws of England & Wales and you submit to the non-exclusive jurisdiction of the courts in England.