Terms

Please read these terms carefully before using the Website and / or downloading the App.

Ownership and information about OffPeaks

This website (“Website”) and the app (“App”) (together the “Platforms”) are owned and operated by OffPeaks, a trading name of Piton Guides Limited (“OffPeaks”). Piton Guides Limited is a registered company in the United Kingdom under company number 9017444 and has its registered office at Cwm Cae Barn, Maypole, Monmouth, Monmouthshire, NP25 5QH. Unless specifically stated otherwise, OffPeaks is not responsible for the information relating to OffPeaks on the Platforms and makes no warranty in respect of its timeliness, accuracy or availability. The information provided is subject to OffPeaks’ Privacy Policy and, if you are a registered user, OffPeaks’ Registration Terms which you should read before accessing such information.

Legal Agreement

By using the Platforms, you accept, without limitation or qualification, the terms and conditions set out below and the provisions of the Privacy Policy(“Terms”) without modification. By accessing and using the Platforms, you acknowledge that you are bound by the Terms. If you do not wish to be bound by the Terms, you should not access or use the Platforms. OffPeaks may modify the Terms in its absolute discretion from time to time without individual notice to you. You will be deemed to have accepted any modifications if you continue to use the Platforms after they have been posted.

Intellectual Property Rights

The Platforms, and all the information and graphic representations or images on the Platforms (“Content“), are owned by, or licensed to, OffPeaks. The copyright and all other intellectual property rights in the Content are the sole and exclusive property of OffPeaks or its licensors.

If you are a registered user, you may view the Website on your computer screen and the App on a compatible device and print (where possible) Content on your printer for your personal and commercial use provided such use is in accordance with the Registration Terms. If you are not a registered user, you may view the Website on your computer screen and the App on a compatible device and print (where possible) content on your printer for your personal and non-commercial use only.

For the avoidance of doubt, anything printed will form part of the Content. Without OffPeaks’ written consent, you may not use, transfer, copy or reproduce any part of the Content, the Platforms or their source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing the Content.

This includes electronic reproduction by uploading or downloading. You warrant that it is legal for you to access and use the Platforms in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction in viewing or using the Content.

Using the Platforms

Wherever you are asked to provide information in connection with the Platforms, you agree to provide true, accurate, current and complete details. You are not obliged to provide OffPeaks with any optional information requested.

You agree not to:

  • • impersonate another person or use a false name or a name you are unauthorised to use, or create a false identity or origin or e-mail address or try to mislead OffPeaks or others as to the identity or origin of any communications or to provide inaccurate or unreliable contact details;
  • • modify, access or make available data stored on a computer or device which you have accessed through OffPeaks network, when either the owner of the data, computer or device has taken steps to prevent you from doing this, or the owner has expressed a wish that you do not do this;
  • • make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (e.g. names/addresses) without their prior consent;
  • • damage, interfere with or disrupt access to the Platforms or do anything which might impair its functionality;
  • • use the Platforms in any way to send unsolicited (commercial or otherwise) e-mail (e.g. spam) or any material for marketing or publicity purposes, or any similar abuse of either;
  • • publish, post, distribute, disseminate or otherwise transmit, defamatory offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
  • • make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “Trojan horses”, “worms”, or any other harmful software;
  • • falsify the true ownership of software or other material or information contained in a file made available via the Platforms;
  • • or obtain or attempt to obtain unauthorised access, through whatever means, to the Platforms.

App License

Subject to your compliance with the Terms, OffPeaks grants you a limited non-exclusive, non-transferable licence to download and install a copy of the App on a single mobile device or computer that you own or control and run such copy of the App solely for your own personal use.

To the extent that the App is downloaded from the Apple App Store (“App Store App”), you will only use the App Store App: on an Apple-branded product that runs Apple’s proprietary operating system; and as permitted by any terms and conditions Apple requires you to comply with.

No unlawful or prohibited use

You undertake to OffPeaks that you will not use the Platforms for any purpose or in any way that is prohibited by the Terms or is otherwise unlawful.

You agree to indemnify, repay or reimburse OffPeaks, its officers, employees, and licensors in respect of any loss that it or they may suffer as a result, directly or indirectly, of any breach by you of this undertaking.

OffPeaks use of your personal details

Please see OffPeaks’ Privacy Policy.

OffPeaks liability

You agree that you use the Platforms entirely at your own risk. In preparing the Platforms, OffPeaks has endeavoured to offer current, correct and clearly expressed information. However, OffPeaks cannot guarantee that the information will be accurate, complete or current at all times and accepts no liability for any reliance placed by any person on the information.

You acknowledge that the Platforms are provided on an “as is” basis and that OffPeaks makes no representations or warranties of any kind about the suitability, reliability, timeliness, and accuracy of the information contained on the Platforms for any purpose. OffPeaks expressly disclaims (to the extent legally permissible) all warranties and conditions with regard to this information, including, without limitation, warranties of technical efficiency, satisfactory quality, availability, non-infringement, completeness and fitness for a particular purpose.

The Platforms may contain advertisements. OffPeaks is not responsible for and does not endorse the content of such advertisements, and does not accept any responsibility for any errors or inaccuracies in such advertising material.

OffPeaks shall not be liable for any damages whatsoever, including but without limitation to, damages for loss of use, loss of data or loss of profits, arising out of the use or performance of the Platforms, the provision of or failure to provide services, or for any information obtained through the Platforms, or otherwise arising out of the use of the Platforms, whether based on contract, tort, or otherwise, without limitation, even if OffPeaks has been advised of the possibility of damage.

If you are dissatisfied with any portion of the Platforms, or with any of the Terms, your sole remedy, except as specifically provided in these Terms, is to stop using the Platforms (as applicable).

Notwithstanding anything in these Terms, OffPeaks does not disclaim liability for death or injury caused by its own negligence or any other liability that cannot be limited or excluded in accordance with any applicable laws.

OffPeaks reserves the right to remove any information or material on the Platforms without warning, and without prejudice to any other accrued rights, and/or make available such information or material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations.

Availability

OffPeaks reserves the right at any time to modify or discontinue, temporarily or permanently, your access to or use of the Platforms with or without notice.

Virus protection and compatibility

While certain precautions have been taken to detect computer viruses and ensure security, OffPeaks can not guarantee that the Platforms are virus-free and secure.

OffPeaks shall not be liable for any loss or damage which occurs as a result of any virus or breach of security. OffPeaks does not give any warranties as to the compatibility of the Platforms with your computer systems, software and/or hardware.

Links to third party websites

The Platforms may contain links to websites operated by parties other than OffPeaks (“Third Party Websites”). These links are provided for your convenience. When you activate one of them, you will leave the relevant Platform. OffPeaks has no control over, and will accept no responsibility for, or liability in respect of, material on any Third Party Websites that are not under its control.

The inclusion of links to Third Party Websites does not imply any endorsement of the material on them or any association with their operators. You may link to the home page of the Platforms, provided you do so in a way that is fair and legal and does not damage OffPeaks’ reputation or take advantage of it.

Monitoring

OffPeaks reserves the right to monitor and track your visits to the Platforms.

General

Unless otherwise specified, the Platforms are directed solely at those who access them from the UK. Those who choose to access the Platforms from locations outside of the UK are responsible for compliance with local laws if and to the extent local laws are applicable.

A failure or delay by OffPeaks in enforcing compliance with the Terms shall not be a waiver of that or any other provision of the Terms.

If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

The Terms constitute the entire agreement between you and OffPeaks as to your use of the Platforms and shall supersede any prior agreement or representation in respect thereof.

If you are a registered user, OffPeaks’ Registration Terms shall also form part of the agreement between you and OffPeaks. The express provisions of these Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.

Any and all notices to be given by either you or OffPeaks to the other pursuant to or in connection with these Terms shall be deemed sufficiently given when forwarded by e-mail addressed to you at the e-mail address you have given to OffPeaks or to OffPeaks at the e-mail address displayed on the Platforms.

English law governs the Terms and you submit to the exclusive jurisdiction of the English courts.

Thank you for visiting the Platforms of OffPeaks. If you have any concerns about any content on the Platforms, please contact us via the Contact Usform.

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