These Website Terms of Use, together with any and all other documents referred to in them, set out the terms under which you may use this website, www.discoveraguide.com (“Website”).

Please read these Website Terms of Use carefully and ensure that you understand them.  It will be deemed that you agree to comply with and be bound by these Website Terms of Use on your first use of our Website.  If you do not agree to comply with and be bound by these Website Terms of Use, you must stop using our Website immediately.

  1. Definitions and Interpretation
    • In these Website Terms of Use, the following expressions have the following meanings:

“Account” means an account required for a User to access certain areas of our Website, as detailed in clause 3;

“Advertisement” means an advertisement posted on our Website by an Outdoor Professional, providing details of an item or service offered by the Outdoor Professional;

“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, our Website;

“Outdoor Professional” means an outdoor professional that advertises on our Website;

“User” means a user of our Website; and

“We/Us/Our” means Discover A Guide Ltd, a company registered in England and Wales under company number 14745041, whose registered address is 22 Shorelark Way, Norton Canes, Cannock, England, WS11 9AA. 

  1. Access to our Website
    • Access to our Website is free of charge. It is your responsibility to make any and all arrangements necessary to access our Website.
    • Access to our Website is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue our Website (or any part of it) at any time and without notice.  Except in accordance with our Terms and Conditions for Outdoor Professionals (copies of which are available on request), we will not be liable to you in any way if our Website (or any part of it) is unavailable at any time and for any period.
  1. Accounts
    • Certain parts of our Website may require an Account in order to access them.
    • If you are an Outdoor Professional, please refer to our Terms and Conditions for Outdoor Professionals for information about the contract between you and us.
    • You may not create an Account if you are under 18 years of age.
    • When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up to date.
    • We recommend that you choose a strong and secure password for your Account.  It is your responsibility to keep your password safe.  You must not share your Account with anyone else.  If you believe your Account is being used without your permission, please contact us immediately.  We will not be liable for any unauthorised use of your Account.
    • If you wish to close your Account, you may do so at any time.  Closing your Account will result in the removal of your information.  Closing your Account will also remove access to any areas of our Website requiring an Account for access.
  1. Contracts with Outdoor Professionals
    • Advertisements placed on our Website by Outdoor Professionals are presented to Users for information only and are not binding on us.
    • We will endeavour to ensure that all Outdoor Professionals advertising goods and services via our Website are verified and checked.  However, we will have no responsibility for this and Users are required to check that any Outdoor Professional you wish to book with has appropriate, up-to-date qualifications, insurances and DBS checks where necessary.
    • It is the Outdoor Professional’s sole responsibility to make contact and provide their goods and services directly to any customers and potential customers that contact them via our Website. A separate contractual relationship will be formed between the User and the Outdoor Professional and we cannot be held responsible for their actions or lack of actions.
    • It is the Outdoor Professional’s responsibility to ensure they comply with all legislation as it applies to their business in the applicable jurisdiction including, but not limited to, health and safety obligations and any obligations imposed on them by the Consumer Rights Act 2015.
  1. Usage of our Website
    • You may only use our Website in a manner that is lawful and that complies with the provisions of this clause 5.  Specifically:
      • you must not use our Website in any way, or for any purpose, that is unlawful or fraudulent;
      • you must not use our Website to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
      • you must not use our Website in any way, or for any purpose, that is intended to harm any person or persons in any way.
    • When communicating in any way using our Website, you must not post, communicate information or otherwise do anything that:
      • is sexually explicit; obscene, deliberately offensive, hateful, or otherwise inflammatory;
      • promotes violence, or promotes, assists in, or constitutes any form of unlawful activity;
      • discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
      • is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
      • is calculated or otherwise likely to deceive (including any unsubstantiated or unsupportable claims or comparisons concerning the subject matter of any Advertisement posted on our Website);
      • is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
      • misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
      • implies any form of affiliation with us where none exists;
      • infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of ours or any other party; or
      • is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
    • We reserve the right to suspend or terminate your Account and/or your access to our Website if you materially breach the provisions of this clause 5 or any of the other provisions of these Website Terms of Use.  Specifically, we may take one or more of the following actions:
      • suspend, whether temporarily or permanently, your Account and/or your right to access our Website;
      • remove any Advertisement or content posted by you which violates this clause 5;
      • issue you with a written warning;
      • take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
      • take further legal action against you as appropriate;
      • disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
      • any other actions which we deem reasonably appropriate (and lawful).
  1. Intellectual Property Rights
    • With the exception of content in Advertisements and other content posted by others, all Content on our Website and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by us.  All such Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
    • Subject to the licence granted to us under our Terms and Conditions for Outdoor Professionals, Outdoor Professionals retain the ownership of copyright and other intellectual property rights subsisting in their Advertisements (unless any part of an Advertisement is owned by a third party who has given their express permission for their material to be used in the Advertisement).
    • You may not systematically copy Content from our Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given our express permission to do so.
    • You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from our Website unless clearly given express permission to do so.
    • Our status as the owner and author of the Content on our Website (or that of identified licensors or Outdoor Professionals, as appropriate) must always be acknowledged.
  1. Links to our Website
    • You may link to our Website provided that:
      • you do so in a fair and legal manner;
      • you do not do so in a manner that suggests any form of association, endorsement or approval on our part where none exists;
      • you do not use any logos or trademarks displayed on our Website without our express written permission; and
      • you do not do so in a way that is calculated to damage our reputation or to take unfair advantage of it.
    • Framing or embedding of our Website on other websites is not permitted without our express written permission.
    • You may not link to our Website from any other site the content of which contains any material prohibited in clause 5.
  1. Links to Other Sites: Links to other sites may be included on our Website. Unless expressly stated, these sites are not under our control.  We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on our Website is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
  1. Disclaimers and Legal Rights
    • Nothing on our Website constitutes advice on which you should rely.  It is provided for general information purposes only.  In particular, we make no representation or warranty that any part of our Website (including Advertisements) is suitable for your purposes or that any part of it constitutes accurate data and/or advice on which decisions can be based.
    • We act as a directory only.  Therefore, we cannot be held liable for any issues, accidents, cancellations, force majeure events or other problems encountered with an Outdoor Professional or any activity undertaken.
    • We have no control over, nor any involvement in, any Advertisements, and we accept no responsibility for any actions taken or for any goods or services advertised in any Advertisement.
    • As far as is permitted by law, we make no representation, warranty, or guarantee that our Website will meet your requirements, that it will be compatible with all software and hardware, or that it will be secure.
    • If, as a result of our failure to exercise reasonable care and skill, any digital content from our Website created by us (that is not Content uploaded by an Outdoor Professional) damages your device or other digital content belonging to you, if you are a consumer, you may be entitled to certain legal remedies.  For more details concerning your rights and remedies as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
    • We make reasonable efforts to ensure that our Content on our Website is complete, accurate, and up to date.  We do not, however, make any representations, warranties or guarantees (express or implied) that such Content is complete, accurate, or up to date.
    • We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in content uploaded by Users or Outdoor Professionals.  Any such opinions, views or values do not reflect our opinions, views or values in any way.
  1. Our Liability
    • To the fullest extent permissible by law, we accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our Website or the use of or reliance upon any Content (whether it is provided by us or whether it is an Advertisement) on our Website.
    • To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to our Website or any Content (including Advertisements) on our Website.
    • If you are a business User, we accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
    • We exercise all reasonable skill and care to ensure that our Website is free from viruses and other malware. Subject to clause 9.4, we accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of our Website (including the downloading of any Content from it) or any other site referred to on our Website.
    • We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of our Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
    • Nothing in these Website Terms of Use excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of your legal rights as a consumer (where applicable), including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
  1. Viruses, Malware and Security
    • We exercise all reasonable skill and care to ensure that our Website is secure and free from viruses and other malware.  We do not, however, guarantee that our Website is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in clause 10.4.  You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
    • You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our Website.
    • You must not attempt to gain unauthorised access to any part of our Website, the server on which our Website is stored, or any other server, computer, or database connected to our Website.
    • You must not attack our Website by means of a denial of service attack, a distributed denial of service attack, or by any other means.
    • By breaching clauses 11.2 to 11.4, you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them.  Your right to use our Website will cease immediately in the event of such a breach.
  1. Data Protection: Use of our Website is also governed by our Privacy Policy, available on our Website. This Policy is incorporated into these Website Terms of Use by this reference.
  1. Changes to these Website Terms of Use: We may alter these Website Terms of Use at any time. Any such changes will become binding on you upon your first use of our Website after the changes have been implemented. You are advised to check this page from time to time.
  1. Contacting us: You cancontact us using any of the methods provided on our contact page.
  1. Law and Jurisdiction
    • These Website Terms of Use, and the relationship between you and us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England and Wales.
    • If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in clause 15.1 above takes away or reduces your rights as a consumer to rely on those provisions.
    • If you are a consumer, any dispute, controversy, proceedings or claim between you and us relating to these Website Terms of Use, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
    • If you are a business, any disputes concerning these Website Terms of Use, the relationship between you and us, or any matters arising from it or associated with it (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.