1. Use of these Web Conditions
1.1. These general terms and conditions (‘Web Conditions’) set out Your rights and obligations, and those of the Mapperton Estate (as defined below) in relation to this website and its Content (as defined below). Please refer to our privacy policy describing use of Your personal information.
1.2. Any Additional Terms and Conditions, which may or may not amend the Web Conditions, (‘Additional Terms and Conditions’) will be given to You separately either before or with the Application Form and may be amended from time to time (see 3. below).
1.3. These Web Conditions and the Application Form and any Additional Terms and Conditions will make up Your Agreement (‘Agreement’) with Us. The terms may change from time to time (see 3 below). Any perceived agreement between You and Us that is not in writing will not be part of such Agreement.
1.4. You agree to these terms and conditions every time You access any part of the Site or make use of any of the Content.
2. Meanings
2.1. Certain words used have the meanings given below:
2.1.2. ‘Content’ includes, but is not limited to, all text, graphics and images that appear on the Site, and the design, look and feel of the Site itself.
2.1.3. ‘Intellectual Property Rights’ means: –
a) rights in inventions, patents, registered designs, design rights, know-how, trade marks and service marks (whether registered or not);
b) any trade, brand or business names and any distinctive sounds used to differentiate the goods and services of a business;
c) utility models;
d) copyright (including all such rights in computer software and databases);
e) moral rights;
f) any rights or forms of protection of a similar nature to any of the above and having equivalent or similar effects to any of them, and
g) all or any other intellectual or industrial property rights whether or not registered or capable or registration
in each case whether subsisting now or in the future in any part of the world and including all applications and rights to apply for any of such rights together with all or any goodwill relating to such rights.
2.1.4. ‘Mapperton Estate’ or ‘ME’ means Mapperton Estate of Mapperton, Beaminster, Dorset DT8 3NR.
2.1.9. ‘Personal Information’ means the information that You provide in Your Application Form, that We obtain from You and that We have regarding the progress of Your application if any.
2.1.10. ‘Site’ means this website.
2.1.11. ‘Third Party Content’ means the material on the Site or accessed through the Site that is controlled by parties other than the Mapperton Estate.
2.1.12. ‘Us’ means the Mapperton Estate.
2.1.13. ‘We’ means the Mapperton Estate.
2.1.12. ‘You’ and ‘Your’ means the person entering the Agreement or accessing the Site as the case may be.
3. Changes to these Web Conditions and to Additional Terms and Conditions
We may change these Web Conditions and any Additional Terms and Conditions at any time. It is Your responsibility to check these Web Conditions in case there are any changes. If You access and use the Site after We have made a change to these Web Conditions You shall be treated as having accepted the change.
4. Accuracy of Content The Site and Content is provided for Your general information only; We advise that, although the Mapperton Estate makes every effort to maintain the accuracy of information on the Site, Content may not be accurate and complete and is provided ‘as is’. Therefore You should not plan to do, or refrain from doing, something in reliance upon Content without first checking the accuracy of the relevant Content by some other means. For example, if You propose to establish an itinerary based on opening times for, or distances to, any of the Mapperton Estate properties, You must check information of that type You obtain on the Site with the relevant properties themselves. All such information on this site is necessarily subject to change, sometimes at short notice.
5. Third Party Content, ‘Partners’ and Links from the Site
5.1. We are not responsible for the content of third party sites linked to the Site or for Third Party Content. They are independent of Us, and their content is not endorsed or approved by Us, even where the third party in question is stated to be a ‘partner’ of ME.
5.2. In entering any agreement to which the Mapperton Estate is not a party, You accept that the Mapperton Estate has no liability whatsoever.
5.3. You should check with Us if You are in any doubt as to the status of any Content.
6. Contact Between Us
6.1. You are responsible for ensuring that Your instructions (including all the details We may require to carry out Your instructions) and any information You give to Us are accurate and complete. We shall not be liable for any loss or damage You suffer if they are in any way inaccurate or incomplete and Our records will be conclusive evidence of Your instructions unless We agree otherwise. We may in Our absolute discretion refuse to carry out any instruction or reverse any action taken by Us in response to any instruction.
6.2. To contact Us please refer to contact details given on the Site.
7. Privacy Policy and Use of Your Personal Information
7.1. Information gathered from Your use of the Site
7.1.2. Your use of the Site gives Us Your consent to the use of Personal Information as set out below. In some circumstances, more specific consent is required from You and these matters will be clearly raised in any Application Form or registration process.
7.1.3. We gather the following anonymous information in aggregate form: browser type (eg Internet Explorer, Netscape Navigator), operating system (eg Windows, MacOS, Linux), IP address, and internet domain (eg Demon, AOL).
7.1.4. If Your computer allows Us to, We shall use ‘cookies’ to store certain types of information each time You interact with Us. Cookies enable our system to recognise Your computer and allow Us to see how You use the Site. This may include tracking the areas of the Site You visit to see what interests You in particular, and which third party sites You access before and after. Refer to Our privacy policy for further information.
7.1.5. Personal Information will be stored by and may be used by Us:
7.1.5.1. to enable Us to develop, improve and market Our products and services to You and Our other customers / members;
7.1.5.2. for market research and statistical analysis; and
7.1.5.3. for general business purposes and as otherwise permitted by law or regulation.
7.1.5.4. We may analyse and assess Your Personal Information to enable Us to:
7.1.5.4.1. understand more about You; and
7.1.5.4.2. design, select and offer products and services (including those of organisations that are not part of the Mapperton Estate) that We consider may be of interest to You.
7.2. Sharing and international transfer of information
We will not transfer personal data about you to any country outside of the European Economic Area without first ensuring that adequate protections are put in place for your benefit in accordance with best industry practice and the Data Protection Act 1998.
7.3. We shall need Your specific consent for disclosure of certain types of information about You or to You
7.4. You will be entitled, on payment of a fee, to a copy of the details and Personal Information We hold about You if You apply to Us in writing.
8. Intellectual Property
8.1. Our Site and the Intellectual Property Rights in the ME Content are owned by or licensed to Us.
8.2. Certain names, words, images or logos identifying Us and the products and services featured in the Site are the trade marks of the Mapperton Estate. Certain other names, words, images or logos may constitute trade names or unregistered trade marks of the Mapperton Estate.
8.3. The names and logos of third parties mentioned in the Site or in the Third Party Contents may be the trade marks, trade names or unregistered trade marks of those third parties and in the ME Contents they are used with the permission of such organisations. In the event that You own Intellectual Property that appears on the Site without Your written consent please notify Us.
8.4. You may view, print, download or store temporarily extracts from the Site for Your own personal reference or for the purpose of applying to Us to access or use the products and services featured on the Site. No other use (including, without limitation, the alteration, deletion, utilisation or extraction) of the content and materials featured on the Site is permitted without Our written permission. Otherwise than as provided, the Site cannot, whether in whole or as to any part, be copied, reproduced, distributed or transmitted in any medium (including, without limitation, by the internet) without Our written permission.
9. Linking to the Site
9.1. You must not link to the Site for commercial purposes without our written agreement.
9.2. Other than as above, We encourage businesses and others to link their sites to the Site. However, if You wish to establish a link to the Site or any of its Content, we require that the link does not open within a frame-set of another website.
10. Access to the Mapperton Estate Internet based Services and Products
10.1. Community activity
10.1.1. In parts of the Site You may be enabled to interact with other users or with Us, through (for example) message boards and email. You must ensure that any such interaction by You or through Your email address will not:
10.1.1.1. be capable of infringing the Intellectual Property Rights or other rights of any person;
10.1.1.2. breach any applicable law or regulation; or
10.1.1.3. be perceived as inappropriate for the Site, offensive or misleading.
10.1.2. We may remove any postings or other interaction at our entire discretion.
10.1.3. We have no obligation to monitor, censor or edit the content of any material transmitted or received by You or other users of the Site. You are responsible for the content of any material You transmit.
10.2. ‘Equipment’ means all such compatible equipment, software and communications lines (including any public communication lines) required by You to properly access the Site.
10.3. You are responsible for obtaining and maintaining Your Equipment and for ensuring that it is compatible with the Site. We have no responsibility or liability with respect to Your Equipment.
10.4. We may change the minimum specification required to access the Site at any time.
10.5. You will be responsible for the cost of all charges You incur in accessing and using the Site.
10.6. We cannot guarantee the speed with which You will be able to access and use the Site (as it will depend upon factors such as the specification of Your Equipment and the number of people using the Site) or that You will have uninterrupted or continuous access to the Site.
10.7. You must not:
10.7.1. introduce or attempt to introduce any virus or any other contaminant to the Site or any of Our computer systems;
10.7.2. in any way attempt to access, alter, de-compile, reverse engineer, destroy or otherwise tamper with any part of the Site or any of Our computer systems;
10.7.3. interfere with the use of another person’s access to or use of the Site;
10.7.4. obtain access to information relating to another person which is on Our computer system;
10.7.5. use or attempt to use the Site or any of Our computer systems for any unlawful or immoral purpose.
10.8. We may suspend or terminate Your access and use (in whole or in part) of the Site at any time with or without notice.
10.9. You are responsible for getting an appropriate connection with a telecommunications provider in order to access the Site.
10.10. We shall control, direct and establish technical procedures for using the Site (and We may vary them from time to time). You must follow Our instructions and adhere to Our procedures as given on the Site when using any the Mapperton Estate web-based service.
10.11. You must ensure that any material and / or information downloaded or otherwise obtained through the use of the Site is at Your own discretion and that You will be responsible for any damage to Your Equipment or loss of data that results from the download of such material and / or data.
10.12. We shall use reasonable endeavours to keep the Site free from viruses and corrupt files but We do not warrant that the Site is free from infection by viruses or anything else with contaminating or destructive properties. We recommend that You ‘virus check’ all information sent to You by Us. We shall not be liable for any corrupt information sent to You by Us or for any corrupt information You send to Us.
11. Complaints
11.1. If You have a complaint about the Site please contact Us.
11.2. If You have a complaint about the Agreement please contact Us.
12. Liability
12.1. Us to You
12.1.1. We shall not be liable to You for any loss or damage (other than that which cannot by law be excluded) You may suffer (irrespective of whether it arises due to Our failure, error or delay) as a result of:
12.1.1.1. Our having acted upon Your instruction or following receipt of any information from You;
12.1.1.2. Any misuse or abuse of the Site by You or anyone else;
12.1.1.3. Your Personal Information having been disclosed to someone else (other than due to Our having so disclosed it);
12.1.1.4. Our being unavailable for whatever reason.
12.1.2. We shall not be liable to You in any circumstances for any loss or damage (other than that which cannot by law be excluded) that:
12.1.2.1. is not direct;
12.1.2.2. is beyond Our reasonable control; or
12.1.2.3. We could not reasonably foresee.
12.1.3. Any liability We may have to You will be limited to the actual amount of any loss or damage You incur or suffer.
12.1.4. We regularly update the Site. However, We do not warrant that the content of the Site or the products and services featured are available (either as featured or at all). The content of and the products and services featured in the Site are subject to change at any time without notice.
12.1.5. We do not seek to exclude or restrict liability for death or personal injury resulting from Our negligence.
12.2. You to Us
12.2.1. You will be liable to Us for (and agree to indemnify Us against) all actions, claims, costs, damages, demands, expenses, liabilities, losses and proceedings We directly or indirectly incur or which are brought against Us if You have:
12.2.1.1. acted fraudulently;
12.2.1.2. been negligent;
12.2.1.3. misused or abused the Site;
12.2.1.4. breached Your Agreement with Us.
12.2.2. You will be liable for any loss even if the instructions were not given by You except:
12.2.2.1. in the case of a fraud to which You were not a party (unless You have failed to make any required notification);
12.2.2.2. if You are able to prove a relevant failing on Our part; or
12.2.2.3. We have acted in error.
12.3. Generally
12.3.1. We shall not be liable for any errors or delay or failure if this is due to anything beyond Our control; for example:
12.3.1.1. industrial action;
12.3.1.2. fire, flood, explosion, act of God, governmental act;
12.3.1.3. the failure, directly or indirectly of any power supply, machine, data processing system, data transmission link, or telephone link;
12.3.1.4. a Card not being accepted by a retailer, terminal, cash machines or otherwise, for whatever reason.
12.3.2. Each of these conditions is separate from all other conditions, so that if one condition is found to be void or otherwise unenforceable it will not affect the validity of any of the others.
12.3.3. If We do not enforce any of the rights We have under this Agreement, or if We delay in enforcing them, that does not prevent Us from taking any action to enforce Our rights in the future.
12.3.4. Upon termination of Your Agreement terms and conditions in the Web Conditions and Additional Terms and Conditions that are capable of continuing to apply will do so.
12.3.5. The Agreement and the Web Conditions will be governed by, and its terms construed in accordance with, the laws of England and the Courts of England will have exclusive jurisdiction over any disputes arising from the Site