Terms and Conditions of Use
Date of last revision: 6 July 2021
Definitions
Your contract will be with Thelma and Louise Club Limited (company number 4863137) trading as Thelmandlouise.com.
By “Thelma & Louise” and “the Site” we mean the features and services we make available, including through (i) our website at www.thelmandlouise.com and www.thelmaandlouise.com and any other Thelma & Louise branded or co-branded websites (including sub-domains, international versions, widgets and mobile versions) now existing or later developed, and (ii) and any other media, software, devices or networks now existing or later developed.
By “we”, “us”, and “our” we mean Thelma and Louise Club Limited (company number 4863137), whose registered address is Technopole, Kingston Crescent, Portsmouth Hants PO2 8FA, United Kingdom.
By “post” or “submit” we mean post on the Site or make available to us in any form or media.
By “content” we mean any information and material displayed on or made available through the Site including, but not limited to, travel guides, trip ideas, images, photos, videos, illustrations, notes, comments, reviews, forum posts, private messaging, emails or any other material of any nature whatsoever in any form or media.
By “your information” we mean personal facts, which identify you, and any information you post or submit about yourself on the Site, as well as your activities on the Site.
By “your content” we mean “your information” and any “content” you post or submit on the Site including your email/private messaging communications with us or other members and any materials transmitted to us or other members.
By “our content” we mean all “content” on the Site other than “your information” and “your content”.
By “member” we mean a visitor to the Site who has submitted the necessary online registration details, agreed to these Terms and Conditions of Use and whose registration has been accepted by us and has not been cancelled.
By “these terms and conditions” we mean the Terms and Condition of Use and Privacy Policy contained herein (or as amended by us from time to time in accordance with this agreement), together with any associated disclaimers and exclusions, all of which govern your membership and use of the Site.
Registration and membership
Thelma & Louise is for women who are eighteen (18) years or older. Use of the Site by any other persons is strictly prohibited. When you submit your registration details for membership of Thelma & Louise you represent and warrant that:
It is free to register with Thelma & Louise as a member. After registering you will be able to access and use all the features and functionality of the Site and communicate with other members via email/private messaging, instant messaging or Skype™. You will also be able to post and reply to messages on the Site’s forum. Thelma & Louise reserve the right to change these arrangements without notice.
Breaches and termination
We have the right at any time to terminate this agreement (including cancelling your membership, disabling your username and password and denying you access to and use of the Site and removing your profile and any of your content from the Site) immediately if, in our sole and absolute discretion, you have failed to comply with any of these Terms and Conditions of Use. Should we terminate this agreement you agree that we shall not be liable in contract or negligence or otherwise (including without limitation any loss or damages of any kind) to you or any third party for any consequences, that may arise directly or indirectly, from such termination. Your failure to comply with these Terms and Conditions of Use may also result in us taking all or any of the following actions:
The legal actions described above are not limited and we may take any other legal remedies available to us which we consider appropriate. This agreement will remain in full force and effect whilst you use the Site. Our rights and all disclaimers, indemnities, warranties and exclusions under these Terms and Conditions of Use in particular the sections headed “Warranties “ and “Indemnity” shall continue in full force and effect upon and shall survive the occurrence of any of the actions listed above.
We exclude liability for actions taken by us in response to breaches of any of these Terms and Conditions of Use by you.
Sharing your content and information
You are solely responsible for your content on the Site and you represent and warrant that your content:
You own all of your content, however you agree:
We always appreciate your feedback or other suggestions about Thelma & Louise, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
Proprietary rights over our content and your right to use
Any and all intellectual property rights in relation to the Site and its contents and any other materials, other than your content, (“our content”) belong to us, other members or our licensors and remains the proprietary property of ourselves, other members or our licensors, as the case may be, with all rights reserved. Our content may not be copied, altered, distributed, reproduced, downloaded, scraped, transmitted or sold in whole or in part, by any means without our prior written permission.
Once you are registered as a member, you are granted a limited license to access and use the Site and to access our content for your own personal use (provided it does not contravene the use terms set out under the heading “Your safety and use of the Site” below) and provided that you abide by these Terms and Conditions of Use. In particular, except for your content, you may not republish or reproduce any of our content on any internet, intranet or extranet site whatsoever or include any of our content in any database or other compilation of content and any other use of our content or the Site is strictly forbidden.
You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference only.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified licensors) as the authors of material on the Site must always be acknowledged by you.
If you print off, copy or download any part of the Site in breach of these Terms and Conditions of Use, this agreement will be terminated and your right to access and use the Site will cease immediately and you must, at our request, return or destroy any copies or downloads of the materials you have made from the Site.
Your limited license to use the Site is subject to your acceptance of, and adherence to these Terms and Conditions of Use. In addition, the limited license does not permit the use of any scraping, data mining, intelligent robots or other extraction or gathering of information from the Site for any purpose whatsoever.
These Terms and Conditions of Use include our policy for acceptable use of the Site and content and material posted or displayed on the Site, and your rights, obligations and restrictions regarding your access to and use of the Site. We reserve the right to reject, refuse to post, edit or remove any posting by you or your content, or to terminate this agreement, cancel your membership and disable your access to and use of the Site at any time without notice.
Products and services and events
Thelma & Louise may display and promote third parties’ products and services and events which we consider may be of interest to our members.
Purchases: The nature and price of third party products and services and events displayed on the Site may be changed or updated by Thelma & Louise or third party providers without notice. Whilst Thelma & Louise will monitor third party products and services and events displayed on the Site to ensure they are of an appropriate nature and standard. Thelma & Louise makes no representations or warranties, express or implied, regarding the products or services or events displayed for sale (or your use) on the Site, and all representations, conditions, warranties, terms and conditions whether express or implied by statute, common law or otherwise are excluded to the fullest extent permitted by law.
Thelma & Louise is not liable for any contracts, arrangements or transactions between you and any third party providers in relation to any such product, service or event. Terms and conditions associated with such contracts, arrangements or transactions will vary from third party to third party and if accepted by you are agreed directly by you and the third party provider.
Thelma & Louise reserves the right to vary these terms and conditions pertaining to the third party products and services and events displayed on the Site prior to the time that a registration or purchase is accepted by Thelma & Louise or by a third party provider.
Your safety and use of the Site
We do our best to keep the Site safe and secure, but we cannot guarantee it. We strongly advise you to exercise common sense and reasonable and pragmatic caution when interacting with other members on the Site or outside the Site having made initial contact through the Site. We do not take any responsibility if members are dissatisfied with other members or as a consequence of the level of access you grant to other members to you on the Site, or any subsequent interaction with other members. We strongly advise you that you should only make personal contact with other members after making voice contact and that any subsequent face-to-face meetings should take place in a safe and open public venue until such time as you are entirely comfortable and satisfied as to your personal safety and security (and well before making or finalising any travel arrangements or bookings if that is the purpose of your interaction). Any complaints about the conduct of other members or evident misrepresentations they have made to you which you feel prejudiced your safety or potentially the safety of other members should be forwarded immediately to us at complaints@thelmandlouise.com and we will investigate the matter and take appropriate action.
You agree not to share your login information with anyone else and not to solicit login information from anyone else or attempt to access another member’s account or profile.
The Site is for your personal use only and its use for any commercial purposes is strictly prohibited. Unlawful and/or unauthorised use of the Site, including the collection of member usernames or email/private messaging addresses for any purpose and by any means is strictly prohibited. You must not post unsolicited communications or content advertising, promoting or marketing products, services or businesses through the Site, nor post affiliate links or other forms of commercial solicitation. Any such postings may be removed by us without notice and may result in the termination of this agreement and other legal action we consider appropriate. If your content includes the posting of a Travel Guide, you are required to disclose in your content the details of any commercial arrangements that you have, or have had, with any third parties whatsoever that either have, or may be perceived to have, contributed towards, influenced or affected your content. This includes, but is not limited to, any incentive or benefit (actual or prospective) to you, financial or otherwise, which has encouraged or may be perceived by other members to have influenced the impartiality of your content. A practical example would be: should you contribute a Travel Guide describing your journey to a particular location, then any travel, accommodation, restaurant or other cost associated with a trip that has been funded by a third party must be disclosed within your content in a prominent position for the benefit of our members.
You agree not to post or submit any unlawful, harmful, misleading, malicious, defamatory, hateful, threatening, discriminatory, offensive, violent (or designed to incite violence), obscene or blasphemous content or materials on the Site nor send any such communications to other members. If you come across any such content or materials on the Site or receive any such inappropriate communications through the Site or from members, you are at liberty to report any such instances to complaints@thelmandlouise.com and we will investigate the matter and take appropriate action.
Whilst we will take reasonable steps to monitor our Site we cannot accept responsibility for the inappropriate, unauthorised or fraudulent use of our Site by members, organisations or members of the general public which are contrary to the guidelines and Terms and Conditions of Use set out herein. By accepting these Terms and Conditions of Use and using a site that is unregulated for content, you may from time to time come across content that you find offensive. You are at liberty to report any such instances to complaints@thelmandlouise.com and we will investigate the matter and take appropriate action. Thelma & Louise is not responsible or liable for any content or material posted by members on the Site.
Thelma & Louise reserves the right to access all areas of the Site.
Thelma & Louise makes no representations or warranties, express or implied, regarding the suitability of the Site for members or for any products or services or events displayed on or offered through the Site, and all representations, conditions, warranties, terms and conditions whether express or implied by statute, common law or otherwise are excluded to the fullest extent permitted by law.
You make travel or any other arrangements, whether through the Site or otherwise, entirely at your own risk.
No one has authority to make any warranty or representation on our behalf in connection with any products, services, events, travel or other arrangements whether made through the Site or otherwise. If you come across any such instances please will you contact us at complaints@thelmandlouise.com and we will investigate the matter and take appropriate action.
Passports, visas and health requirements, insurance
You are solely responsible for the provision of all necessary valid travel and related documents, including visa regulations and the length of time it may take to obtain these, and for establishing and complying with all related health and other requirements for any travel you may undertake as a result of your use of the Site and interaction with other members. It is your sole responsibility to ensure all travel related requirements are satisfied.
You should make sure that you are adequately insured when undertaking any travel, to cover against the cost of, but not being limited to; travel cancellation/delay, the cost of personal or medical assistance (including repatriation in the event of accident or illness or death), for loss or damage to personal possessions and money and for personal liability. Insurance does not form part of any arrangements or bookings made through Thelma & Louise unless you have specifically purchased insurance from a third party provider through the Site, in which instance the arrangements are contracted directly between you and the third party provider and are subject to the terms and conditions, limitations and exclusions imposed by the third party provider.
Third party software
The Site’s functionality is powered by Drupal™, an open source Content Management System written in PHP which is made available for use under a GNU General Public License. Drupal™ can be downloaded from http://drupal.org. The Drupal™software only facilitates the Site’s functionality and is not responsible for what we allow and/or disallow as permissible content and/or conduct. For further information about Drupal™, please see: http://drupal.org/about
In order to make full use of the Site you may need to download third party software and content which may include additional terms and conditions imposed by these third parties. Such terms and conditions will be deemed incorporated into these Terms and Conditions of Use to the extent that you download such third party software or content.
We do not take responsibility for the privacy and software settings of any third party software you download and/or use in connection with the Site, including, but not limited to, Skype™ as an instant messaging, voice, video or general communication tool.
Offensive or defamatory material
You agree not to post or submit any abusive, obscene, vulgar, defamatory, hateful, threatening, sexually-orientated or any other material that may violate any laws be it of your country or the country where Thelma & Louise is hosted or of International Law. Doing so may lead to the termination of this agreement, cancellation of your membership and disabling your access to and use of the Site and us notifying your Internet Service Provider if deemed appropriate by us. The IP addresses of all posts are recorded to aid in enforcing these Terms and Conditions of Use. You agree that Thelma & Louise has the right to refuse to post, remove, edit, move or close any of your content at any time should we see fit. As a member you agree to any information you have entered on the Site being stored in a database. For further information about how we protect and handle data please see our Privacy Policy. Please note, however, that neither Thelma & Louise nor Drupal™ nor any other third party software provider shall be held responsible for any hacking attempt that may lead to the data being compromised.
We do not revew or monitor any content or material posted on the Site; we only act as a host for what is a creative and interactive platform for the sharing and exchange of travel and life experiences between members and as source of inspiration for members. Accordingly, we operate a “notice and takedown” procedure. If you believe the Site contains any offensive or defamatory materials, contents or statements please notify us by clicking on a Report Abuse button appearing alongside member generated content on the Site. We will investigate the matter and take appropriate action and should this result in the need to remove any content from the Site we will make all reasonable endeavours to do so within a reasonable time.
The information contained on this Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Thelma & Louise to any additional registration or compliance related requirements within such jurisdiction or country. Our business, this Site, the products and services and events we offer and the information contained on this Site are governed by the applicable laws of England and Wales. No warranties and/or representations of any kind, express or implied, are given as to the compliance of any of the aforementioned with any laws of any other country.
Warranties
You are solely responsible for your content and all other communications with us and other members. You represent and warrant that you own your content or have the right to post or submit your content on the Site. You represent and warrant that your content does not:
Indemnity
You agree to indemnify us and hold us, any of our subsidiaries, parents or affiliates, and each of their directors, employees, agents and subcontractors, harmless from and against any liability, damage, claim, loss, demand or expenses (including any associated costs) arising out of or in connection with any breach of these Terms and Conditions of Use and in particular associated with the use by you of any of our content to which you have no right of ownership or any breaches of the terms of ownership of your content or the breach of any warranties contained in these Terms and Conditions of Use.
Our liability
PLEASE READ THIS CONDITION CAREFULLY
We assume no responsibility for monitoring the Site for amongst other things, inappropriate or unlawful content, including but not limited to defamatory content. No content other than personal travel guides reviewed by our editorial board as above is reviewed by us prior to it being posted by members and your content and other members’ content does not reflect our opinions, views or policies.
While we will use our best endeavours to ensure that any inappropriate content is deleted from the Site when it is brought to our attention, we expressly exclude liability for the content or any damage you may suffer as a result of the content displayed on the Site which is provided without any guarantees, conditions or warranties as to its accuracy or lawfulness. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter nor any other liability which cannot be excluded or limited under applicable law.
Content which is prohibited
The following list contains examples of, but is not limited to, the kind of content that is illegal or prohibited on the Site. Any content which:
Information provided by other members may contravene this prohibition, and we assume no responsibility or liability for any content posted in contravention of these Terms and Conditions of Use.
Activity which is prohibited
The following is a list, which includes but is not limited to, the kind of activity that is illegal or prohibited on the Site. We reserve the right to investigate and take appropriate action against anyone who, in our sole and absolute discretion, violates these Terms and Conditions of Use, including but not limited to, reporting that person to the relevant law enforcement and regulatory authorities as we see fit.
Prohibited activity includes, but is not limited to:
You also agree:
If you become aware of any misuse of the Site by any member or third party please contact us by clicking on the Report Abuse button that appears next to any user generated content on the Site. If the misuse cannot be reported using the Report abuse button, for example the actions of a member, status updates, private messages or profile information, please contact us at info@thelmandlouise.com. We will investigate the matter and take appropriate action and should this result in the need to remove any content from the Site we will make all reasonable endeavours to do so within a reasonable time.
Copyright and Trade Mark ownership and policy
All the materials, contents and information of this Site and any material downloaded or copies made from the Site, including, the design, text, graphics, their selection and arrangement, are Copyright© 2010 Thelma and Louise Club Limited or its licensors. ALL RIGHTS RESERVED, and all moral rights are asserted and reserved.
You are responsible for obeying all applicable copyright laws. The materials at this Site are proprietary and any unauthorised use of any materials at this Site may violate copyright, trade mark and other laws.
All trade marks referred to any material or content on this Site and any material or content downloaded or copied from this Site, are either owned or licensed to Thelma and Louise Club Limited or its subsidiaries or associates or named third parties. Any reproduction or use of such trade marks, save as permitted hereby is prohibited and may result in civil/or criminal liability.
Save as expressly permitted no part of this Site may be reproduced in any form. Commercial use is not permitted.
This Site may contain additional proprietary notices and copyright information, the terms of which must be observed and followed.
Not all trade marks or service marks used by Thelma and Louise Club Limited are listed on this page. Failure of a mark to appear on this page does not mean that Thelma and Louise Club Limited does not use the mark, nor does it mean that the product or service is not actively marketed or that it is insignificant within its relevant market.
The following is a listing of certain trademarks, service marks and other marks owned by Thelma and Louise Club Limited or its subsidiaries:
[Thelma & Louise
Thelma and Louise [other?]
You may not post, modify, distribute, or reproduce on the Site any material protected by copyright, trademark or other proprietary right belonging to others without obtaining their prior written consent.
If you believe content over which you hold a copyright has been copied in a way that constitutes an infringement of your rights please let us know by clicking on a Report Abuse button on the Site.
Viruses, hacking and other offences
Whilst Thelma & Louise makes reasonable attempts to exclude viruses from this Site, it cannot guarantee such exclusion and no liability is accepted for viruses. You are recommended to take all appropriate safe guards before downloading any content from this Site. No liability is accepted for the contents of any other website operated by a third party that may be accessed via links from this Site. Such links are provided for your convenience only and do not imply that Thelma & Louise approves or recommends the content of such other websites.
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, this agreement will terminate and your right to access to and use of the Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
Linking to our Site
You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you and our Site must not be framed on any other website.
We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these Terms and Conditions of Use.
If you wish to make any use of material on the Site other than that set out above, please address your request to affiliates@thelmandloiuse.com
Links from our Site
Where the Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Events beyond our control
We will not be liable to you for any delay or other failure to comply with our obligation (if any) where the delay or failure arises from any event or cause which is beyond our reasonable control.
Reliance on contents or information posted
Any content on the Site is not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such content by any user or member to the Site, or by anyone who may be informed of any of its contents.
Changes to the Site
We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
Our right to delete or edit your content
We may delete or edit your content at any time for any reason including but not limited to where the content is offensive, infringes the rights of any third party, threatens the safety of any person or is otherwise unlawful. We will not be required to give you any reason for deleting or editing such content or to enter into any dialogue with you. Our decision will be final.
General
This agreement represents the entire agreement between you and Thelma & Louise, meaning that no other terms express or implied apply or govern your relationship with us.
If any of these terms and conditions shall be unenforceable or invalid, then the remainder of these terms and conditions will remain valid and enforceable and shall not be affected.
If we fail to enforce any of these Terms and Conditions of Use, it will not be considered a waiver of any of our rights in terms of this agreement.
You will not transfer any or your rights or obligations under this agreement without our prior written consent.
All of our rights and obligations under this agreement are freely assignable by us in connection with a sale of assets, a merger or combination, an acquisition or by operation of any applicable law or otherwise.
Nothing in this agreement shall prevent us from complying with any applicable law.
This agreement does not confer any third party beneficial rights.
Governing law and jurisdiction
This agreement, your use of this Site and any material posted to or downloaded or copied from the Site, operation of these Terms and Conditions of Use and any legal action or proceedings arising between you and Thelma & Louise in relation to this Site shall be governed by and construed in accordance with laws of England and Wales and you agree to the exclusive jurisdiction of the English Courts.
In the event that any term or any part of the terms contained in these Terms and Conditions of Use shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by law.
If you have a complaint
Subject to these Terms and Conditions of Use, if you have any reason for complaint or dissatisfaction arising out of your purchase of any goods or service using our Site, you must in the first instance contact the third party provider you purchased the good and services from. We would however also encourage you to then contact us as well at complaints@thelmandlouise.com and we will endeavour to assist you in dealing with the problem. It is important to us that we remain fully aware of any cause for dissatisfaction with third party providers on our Site. Likewise if you have a complaint or suggestion about the Site itself please contact us at complaints@thelmandlouise.com.
Contact us
If you have any queries or comments concerning the operation of this Site please contact:
Thelma and Louise Club Limited (company number 4863137)
Technopole
Kingston Crescent
Portsmouth Hants PO2 8FA,
United Kingdom
Email: info@thelmandlouise.com
VAT No: 846 7434 95
Copyright © 2010 Thelma and Louise Club Limited. ALL RIGHTS RESERVED.