Terms and Conditions
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You”, “The Buyer” or “Client”) AND BEST DEVON HOLIDAYS (hereinafter “Best Devon Holidays” or “Seller”) GOVERNING YOUR USE OF BEST DEVON HOLIDAYS WEBSITE AND RELATED SERVICES.
The seller shall list the client’s details on bestdevonholidays.co.uk in the specified category. The listing will feature all property details with a clear link to the client’s contact information to generate enquiries and links. All information displayed will be proofed by the client but final decisions on content, imagery and style is assumed by the seller.
A virtual tour will be created by the seller to represent key areas of the buyer’s venue. The seller will work with the buyer to reflect their marketing goals but the seller retains control over design and adaption of the tour in keeping with the published site.
The tour will contain a minimum of six 360° panospheres and more may be added by prior agreement. The tour will be hosted by the seller but the code will be provided to enable the buyer to embed the tour on their site. All images taken will be provided to the buyer and formatted for use on Facebook – if requested we will also add the images to your Google business listing.
DRONE IMAGERY AND FOOTAGE:
The seller will work with the buyer to conduct a drone photography shoot. As part of this shoot, a 360° image will be taken in addition to a number of individual photos and a short selection of video footage. All content will be provided to the buyer after formatting for them to use in their own direct marketing. The content gathered will be used in the production of a review video and a virtual tour.
A review video will be produced by the seller after visiting the buyer’s venue. If the buyer has accommodation the seller will need access granted to the venue for a review team at a mutually convenient time. The video will be published to the sellers YouTube channel for the client to use in their own direct marketing through embeds or links. A minimum of one night’s accommodation, to include any other benefits the seller would like to be highlighted, will be supplied free of charge for a family
Drone photography, videography & permissions
The buyer will work with the seller to specify the subject matter of the Photo Shoot and shall, prior to the date of the Photo Shoot, specify any particular Photographs or compositions they require.
The Seller has absolute discretion in selecting equipment and deciding all artistic factors.
The Seller will take as many Photographs as deemed fit.
The Seller shall deliver the Selected Photographs to the Buyer in the format(s) agreed at the time of selection, subject to the terms of the Licence granted in Clause 9
The Seller shall be free to sub-contract any obligations under these Terms and Conditions.
The seller will ensure that any drone photography conducted is conducted by a CAA approved and certified drone pilot that complies with industry best practise
Copyright and Licensing
The Copyright in the Photographs will remain the property of the Seller. Subject to a written agreement to the contrary nothing in these Terms and Conditions shall vest any ownership rights in the Buyer.;
Any Licence shall become effective upon delivery of the Selected Photographs to the buyer and shall continue from that date for the duration of copyright protection under Section 12 of the Copyright Designs and Patents Act 1988).
The Seller reserves the moral right to be credited as the author of any published Photographs or Prints under Sections 77-79 of the Copyright Designs and Patents Act 1988. The Seller may waive this requirement at any time by giving written notice to the Buyer.
The Buyer shall have the right to use the Photographs for commercial purposes only whilst they continue to have an active membership on Best Devon Holidays. Commercial use is restricted to the sellers’ own website and marketing channels. Any use in paid media or on any medium outside of their own direct channels (including social media) will require approval from the seller.
The Buyer may not use any photograph in a manner which distorts, mutilates, defames or damages the reputation of the Seller.
The Buyer may not sub-license the Photographs without the prior written permission of the Seller.
The seller reserves the right to use any photographs and media that shows the region or area (not focussing on the sellers property) in other projects.
The Licence granted to the Buyer shall be automatically revoked if the Buyer breaches any of its terms or ceases to advertise or work with the seller. At this point the buyer must remove any media from their website or social media including links to the material. Existing images already published on the seller’s social media posts can remain. The seller retains the right to remove any material relating to the seller if they terminate their advertising contract.
Termination of Contract and media usage
The buyer retains the right to display all media created (virtual tours, review video and drone footage) on their own direct marketing channels (including social media) whilst they continue to list and advertise with Best Devon Holidays. Permission is not granted to use these images on other online directories or websites unless prior permission has been requested and received. If the contract is terminated the buyer no longer retains this right and the seller can remove any related media from their site. The media can be purchased from the seller at an agreed industry rate.
You agree to indemnify and hold harmless Zoho, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by Zoho.
Each Party undertakes that, at all times during the continuance of the Agreement they will:
- keep confidential all Confidential Information;
- not disclose any Confidential Information to any other party;
- not use any Confidential Information for any purpose other than as contemplated by and subject to the terms of the Agreement;
- not make any copies of, record in any way or part with possession of any Confidential Information.
The Seller will not share the buyer’s personal data with any third parties for any reasons without the prior consent of the Buyer. Such data will only be collected, processed and held in accordance with the Seller’s rights and obligations arising under the provisions and principles of the Data Protection Act 1998.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. BEST DEVON HOLIDAYS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BEST DEVON HOLIDAYS MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM BEST DEVON HOLIDAYS, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU AGREE THAT BEST DEVON HOLIDAYS SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF BEST DEVON HOLIDAYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL BEST DEVON HOLIDAYS ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.