Terms & Privacy
Terms and Conditions of Use
Waysidehotel.com is a website operated by Lydgate Trading Post Limited. Lydgate Trading Post Limited is a private limited company registered in England and Wales under company number 4718509. Our registered office is at Wayside Farm, Whitbeck, Cumbria, LA19 5UP England.
Lydgate Trading Post Limited trades as Wayside Guest Accommodation (offering luxury Bed and Breakfast accommodation) and Wayside Whisky Barn (offering sales of rare and collectible Whisky)
In these Terms and Conditions of Use:
- References to “you”, “your”, “yours” and the “customer” are references to the person accessing the Website and/or using any of the facilities together with any party represented by such person.
- References to ‘Wayside‘, ‘we‘, ‘us‘ and ‘our‘ are references to Lydgate Trading Post Limited.
iii. Should you wish to contact Wayside Guest Accommodation or Wayside Whisky Barn, please refer to the Contact Us menu which can be easily found on the Website.
- IMPORTANT LEGAL NOTICE
This legal notice applies to the entire contents of the Website and to any correspondence by e-mail between us and you.
Please read these Terms and Conditions of Use carefully before using the Website or booking online.
By booking via the Website, you agree to be bound by and comply with the following Terms and Conditions of Use without modification. If you do not accept these Terms and Conditions of Use, you should neither use, nor book via the Website. By booking via the Website and/or using the Website and/or accessing any of the Facilities you hereby accept these Terms and Conditions of Use.
We retain the right to modify the Terms and Conditions of Use at any time. Any customer may refuse the amendments proposed, however, continued use of the Services provided by the Website constitutes acceptance of the revised Terms and Conditions of Use. Customers who do not accept the amended conditions may simply close/unsubscribe their accounts in accordance with our termination guidelines. It is the responsibility of the customer to check these Terms and Conditions of Use from time to time.
TERMS AND CONDITIONS OF USE
- DEFINITIONS USED IN THESE TERMS AND CONDITIONS OF USE
- The definitions and rules of interpretation in this condition 1.1 apply to these Terms and Conditions of Use.
“Account” means the account registered to a customer on the Website, containing personal details relating to the account holding customer. The accuracy of account details remains the sole responsibility of the account holder.
“Facilities” means any or all of the facilities available to customers on or through the Website, including but not limited to search, booking, payment.
“Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
“com” means the Facilities and the Website, the purpose of which is to facilitate on-line booking between individuals who want to bed and breakfast accommodation.
“Personal Data” means any information relating to an individual person, in particular where the individual can be identified, directly or indirectly by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Website” means the Internet website or mobile application operated by Wayside, with the URL www.waysidehotel.com.
- Where we use the expression “including” this is to be construed as being immediately followed by the expression “without limitation”. Consequently, any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
- Words appearing in the singular shall include the plural and vice versa.
- Headings to conditions, paragraphs, policies and/or to any documents published and/or accessible through the Website do not affect the interpretation of these Terms and Conditions of Use.
- On occasion we refer to a statute, statutory provision or subordinate legislation made under a statute. These references are to be construed as being to that statute, provision or subordinate legislation as amended or re-enacted from time to time whether before or after the last revision date of these Terms and Conditions of Use. Where we refer to a statute, that reference includes any subordinate legislation made under that statute whether before or after the date of the latest revision of these Terms and Conditions of Use.
- A reference to “writing” or “written” includes faxes and emails unless otherwise stated.
- The definitions and rules of interpretation in this condition 1.1 apply to these Terms and Conditions of Use.
- ELIGIBILITY, REGISTRATION AND YOUR ACCOUNT
- To book accommodation via our online booking portal you must complete the booking process and accept these Terms and Conditions of Use. For the avoidance of doubt, any continued use of the Website represents your acceptance to these Terms and Conditions of Use. Registration is not always necessary for anyone wishing to access and/or use the Facilities. Information provided by you must be current, complete and accurate in all respects. Wayside accepts no responsibility or liability for the inaccuracy of Customer details. We have the right to refuse to grant you a booking or entry to our guest house at our sole discretion.
- Subject to our right of refusal referred to above, upon complying with the conditions imposed by the registration process, you will be asked to choose a user id and password. This information is strictly private and confidential and you are entirely responsible for ensuring that this is not communicated to or shared with any other person. We are entitled (but not obliged) to terminate your account at any time if we become aware that you have disclosed your user id and/or password to any other person. Please note that you are entirely responsible for your posted content.
- We are not obliged nor do we have the technical means to carry out checks on the identity of every person registered to use our online booking portal. The use of your account is expressly limited to you, and you are not entitled to transfer or share your account with any other person (temporarily or permanently). We are not liable if a Customer’s identity is used by another person. If for any reason, you have reason to believe that another person may be using your identification information or account you must inform us immediately by contacting us. To protect your privacy, we will suspend access or change access to your account as soon as possible following our receipt of a notification from you that your password has been lost, stolen or otherwise compromised.
- You are entirely responsible for any and all statements made and activities that occur through your account.
- You are responsible for all equipment (including but not limited to all computer, software, telephone, internet and other telecommunication systems) used to access the Facilities, together with any charges or costs incurred as a result of its use.
- You hereby acknowledge that the Facilities and the Website is contingent on certain software applications from third party service providers. You hereby agree to the following third party terms (as updated from time to time) which shall apply to the Facilities and the Website in addition to these Terms and Conditions of Use:
- SCOPE OF WEBSITE AND FACILITIES
- The Website and/or the Facilities do not include, supplying access to the internet network, or providing an electronic communication service to the public. As such, we have no legal obligation to identify Customers when they connect to the Website or to monitor content published by Customers (e.g. blog post comments). Because we are unable technically to provide such services, we do not undertake contractually to identify Customers or to moderate the content published by any of them (which remains their sole responsibility).
- We shall not be liable for false declarations made by a Customer. You are advised that whilst we may carry out some checks on Customer we cannot guarantee the complete accuracy of the information supplied by them to us during registration.
- We shall not be held liable for any loss or damage arising from any accidents or incidents, or other consequences arising out of use of the Website of its Facilities, whether on the Website, through any of the Facilities or in person and/or as a consequence of the use of the Website and/or other Facilities.
- RULES OF BEHAVIOUR
- Customers must conduct themselves in an appropriate manner. Waysidehotel.com may not be used to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would harm our business interests, constitute a criminal offence, exploit children and/or vulnerable adults, violate the rights of others, or otherwise violate any applicable local, state, national, or international law. We reserve the right to remove any group or participant, which in our sole judgement, breaches this condition and/or breaches the undertakings and/or obligations set out in conditions 4.3, 4.4 and 4.5 below.
- Without prejudice to condition 12 (Termination) below, Customers undertake not to use any of the Facilities (including the Website):
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm any person (including minors and/or vulnerable adults) in any way;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with condition 4.5 below;
- to advertise, promote, market, solicit orders for or offer to buy, sell, lease or license products, goods and facilities;
- to transmit, or procure the sending of, any unsolicited or authorised advertising or promotional material or any other form of similar solicitation;
- to knowingly transmit any data, send or upload any material or information that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- to harvest, aggregate, mine, copy or otherwise collect information about others, including but not limited to names, email addresses, passwords, telephone numbers, usage information without their consent; and
- to attempt to gain unauthorised access to, tamper with, modify, or hack into any of the Facilities (including the Website).
- You also undertake:
- not to reproduce, duplicate, copy, or sell all or any part of the Website and/or the Facilities;
- not to access without authority, interfere with, damage or disrupt:
- all or any part of the Website and/or the Facilities;
- all or any equipment or network on which the Website and/or any of the Facilities is stored;
- all or any software used in the provision of the Website and/or any of the Facilities; or
- all or any equipment or network or software owned or used by any third party;
- to use your user id and/or password solely for the purpose of your authentication for access to the Website and/or the Facilities. For the avoidance of doubt, you are prohibited from creating a Customer id/profile using a false identity for the purpose of misleading others (including us) of your identity or to impersonate another person; and
- to use the Website and/or the Facilities in accordance with the purpose set out in these Terms and Conditions of Use.
- Without prejudice to condition 12 (Termination) below, you undertake to comply with the following obligations in relation to the content of the material which you may from time to time contribute to and/or upload onto the Website and/or the Facilities:
- to ensure that all content posted, published, uploaded, disseminated and/or broadcast in any form whatsoever is accurate, genuinely held and complies with applicable and prevailing law from time to time both in England and (where not posted, uploaded, disseminated and/or broadcast in England) in the country from which it is so posted uploaded, disseminated and/or broadcast;
- not to post, publish, upload, disseminate and/or broadcast in any form whatsoever content that contravenes the rights of any other person or that is defamatory, obscene, injurious, offensive, hateful and/or inflammatory, violent and/or inciting violence or terrorism, sexually explicit and/or promotes sexually explicit material, political or fraudulent, and, in general, any content that is contrary to the purpose of Waysidehotel.com, prevailing laws or rules and/or prevailing acceptable norms and standards;
- not to post, publish, upload, disseminate and/or broadcast in any form whatsoever content that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation and/or age;
- not to post, publish, disseminate, upload, broadcast and/or reproduce any information protected by copyright, trademark and/or other intellectual property or proprietary information and/or do anything which may infringe any copyright, database right, trade mark and/or other intellectual property of any other person, without first obtaining prior written consent of the owner of such proprietary works/information. For the avoidance of doubt and without any warranty that this is permitted and/or authorised, only public domain files, and files in which the author has given you express consent to copy and redistribute on-line or otherwise, may be uploaded to the Website and/or the Facilities, including any software files or libraries;
- not to post, publish, disseminate, broadcast and/or knowingly cause to be posted, disseminated, and/or broadcast in any form whatsoever content or links to third-party websites which constitute or promote a criminal offence, give rise to civil liability, promote any illegal activity and/or otherwise violate any local, state, national, or international law;
- not to post, publish, disseminate, upload and/or broadcast in any form whatsoever content that is likely to deceive, harass, upset, embarrass, alarm or cause annoyance, inconvenience or needless anxiety to any person;
- not to post, publish, disseminate, upload and/or broadcast in any form whatsoever content to impersonate any person or to misrepresent your identity or affiliation with any person;
- not to post, publish, disseminate and/or broadcast in any form whatsoever content which advocates, promotes and/or assists any unlawful act such as (by way of example only) copyright infringement and/or computer misuse;
- not to post, publish, disseminate or broadcast in any form content which could violate the privacy, data protection, proprietary and/or other rights of any person or entity, including any personal information provided by another Customer(including their email address, postal address, telephone number) which would enable a Customer to contact another Customer.
- not to post, publish, disseminate and/or broadcast in any form whatsoever content in breach of any legal duty (including any contractual duty or a duty of confidence owed to any other person); and
- not to express and/or imply that any statements you make are endorsed by or emanate from us and/or the Website without our specific prior written consent.
- Failure on your part to comply with all or any of the obligations and/or undertakings set out in conditions 4.3, 4.4 and/or this condition 4.5 will constitute a serious breach by you of your obligations to us and/or under these Terms and Conditions of Use. If you breach one or more of these obligations and/or undertakings, without prejudice to condition 12 (Termination) below, we shall be entitled to take all or any of the following steps:
- immediate, temporary or permanent withdrawal of your right to use the Website;
- immediate, temporary or permanent removal of any posting or material uploaded by you to the Website;
- issue a warning to you;
- commence legal proceedings against you including for reimbursement of all costs on a full indemnity basis (including but not limited to, reasonable administration and legal costs) resulting from your failure to so comply;
- commence further legal action against you; and/or
- disclose such information to law enforcement and/or other competent authorities as we may reasonably feel is necessary.
- The steps described in condition 4.5 above are not exhaustive, and we may take any other action which we deem to be appropriate acting in our absolute discretion.
- ACCESS TO THE WEBSITE AND THE FACILITIES
- Access to the Website and/or the Facilities is provided on an “as is, as available” basis. We reserve the right at any time and for any or no reason to limit, deny, modify or discontinue all or any part of the Website and/or the Facilities with or without prior notice to you. We shall not be liable to you or to any other person if, for any reason, all or any part of the Website and/or the Facilities are unavailable at any time and for any period (including in the event of their total or partial discontinuance by us).
- You are responsible for making all arrangements necessary for you to have access to the Website and/or the Facilities. Without prejudice to condition 2.3, you are responsible for ensuring that all persons who access the Website and/or the Facilities through your internet connection are made aware of these terms, and that they comply with them.
- We give no warranty that the Website and/or the Facilities and/or any graphics or other content you may download from time to time from the Website and/or the Facilities will meet your requirements, and/or that the Website and/or the Facilities will be uninterrupted, timely, secure, or error free; nor do we give any warranty as to the results that may be obtained from the use of the Website and/or the Facilities and/or as to the accuracy or reliability of any information obtained through all or any of the Website and/or the Facilities or that defects in all or any of the Website and/or the Facilities will be correct.
- We aim to update the Website and/or the Facilities regularly, and may, at any time, change the content and/or archive or delete any of the information on the Website and/or the Facilities which are older than 6 months. If the need arises, we may suspend access to the Website and/or the Facilities and/or close it or them indefinitely. Any of the material on the Website and/or the Facilities may be out of date at any given time, and we shall be under no obligation to update such material.
- We are under no obligation to oversee, monitor, review or moderate discussions, chats, postings, transmissions, and groups. We expressly exclude our liability for any loss or damage arising from the use of the Website and/or any Facilities by a Member in contravention of conditions 4.2, 4.3 and 4.4 of these Terms and Conditions of Use.
- PRIVACY AND CONFIDENTIALITY
- We will keep all information which you provide to us which is reasonably confidential relating to your account in strict confidence, provided that it is not published or publicly used in the Website or the Facilities by you (“Confidential Information”).
- PLEASE NOTE –when you move to, or join, a Member community or scheme within the Facilities, you are permitting access to your data to be shared and accessed by Members of that community or scheme. We will obtain your approval before moving you to a new community or scheme and you may leave the community or scheme at any time upon providing us with notice.
- We will only use your Confidential Information to the extent required in providing you with our services and operating the Website or the Facilities.
- We may provide Confidential Information to our officers, employees, consultants, agents and subcontractors who need access to the Confidential Information in connection with discharging our obligations under these Terms and Conditions of Use, provided that they are subject to comparable confidentiality restrictions as this condition.
- Nothing in these Terms and Conditions of Use will prevent us from using or disclosing any Confidential Information which:
- is in or comes into the public domain in any way without breach of this these Terms and Conditions of Use by us or any person or entity to whom it makes disclosure;
- we can show was: (i) in our possession or known to us by being in our use or being recorded in its files prior to receipt from you and was not acquired by us under an obligation of confidence; or (ii) to have been independently developed by us without reference to the Confidential Information;
- we obtain or have available from a source other than from you, without breach by us, or such source of any obligation of confidentiality or non-use;
- is disclosed by us with your prior written approval; or
- is required by law to be released (e.g. by a court order), provided that, when permitted by the applicable law, you are given as much prior written notice as possible of such request.
- INTELLECTUAL PROPERTY
Wayside Background IP
- With the exception of any pre-existing Intellectual Property Rights in any trade marks, logos, graphics and text or other intellectual property rights owned by a Client, which remain the exclusive property of a Client, the Intellectual Property Rights in the trade marks, logos, graphics, animations, images, software, code, algorithms and text used within the Facilities and those featured on the Website are our intellectual property (“Wayside IPR“) and, as such, the Website pages (or any part of them), the Facilities and/or elements of the Facilities may not be copied, reproduced, modified, published, disseminated, transmitted, used, licensed, represented, exploited for commercial gain and/or distributed in any form whatsoever, without our express written permission.
- Any rights of use of any Wayside IPR that may be granted by us to you are strictly limited to accessing, downloading, printing and reproduction on all media (including hard disks and removable storage media such as USB memory sticks, memory cards, CD / DVDs etc.) and to use of these documents for private and personal purposes only in the scope of and for the duration of the Customer’s membership of the Website. Any other use by the Customer is strictly prohibited without our express written authorisation
- You must not:
- except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties: (i) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Facilities (as applicable) in any form or media or by any means; or (ii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Facilities;
- access all or any part of the Facilities in order to build a product or service which competes with it;
- use the Facilities to provide services to third parties;
- license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Facilities available to any third party; or
- attempt to obtain, or assist third parties in obtaining, access to the Facilities, other than as permitted by these Terms and Conditions of Use.
- Member Content and Data
- You hereby expressly authorise us to modify the Customer Content in order to conform to the look and feel of the Website and/or the Facilities and/or communications media used by us and/or to make the Customer Content compatible with any technical processes or appropriate media formats.
- The rights referred to in condition 4 and condition 7.5 are worldwide and exist for the entirety of the agreement between us as described in these Terms and Conditions of Use.
- You must not copy, reproduce or otherwise use for any purpose whatsoever any content relating to other Customers except to the extent required for the purpose for which Membership of the Website is expressly permitted as described in these Terms and Conditions of Use.
- UPLOADING CONTENT TO THE WEBSITE
- Whenever you make use of a feature that allows you to upload any content, information, data, images and/or materials to the Website or to make contact with other Members, you must comply with the Rules of Behaviour set out in these Terms and Conditions of Use. In carrying out any uploading of any content, information, data, images and/or materials to the Website and/or the Facilities you warrant that you have complied with the Rules of Behaviour.
- Any content, information, data, images and/or materials you upload to the Website and/or the Facilities will be considered non-confidential and non-proprietary and, without prejudice to condition 4, we have the right to use, copy, distribute and disclose to any other person any such content, information, data, images and/or materials for any purpose. We also have the right to disclose your identity to any person claiming that any content, information, data, images and/or materials published, uploaded, posted on, disseminated, broadcast and/or distributed on and/or through the Website and/or the Facilities constitutes a violation of their intellectual property rights, their right to privacy or any other applicable laws.
- We shall be entitled to remove any content, information, data, images and/or materials you upload to and/or posting made on the Website and/or the Facilities if, in our opinion, such material does not comply with the Rules of Behaviour set out in these Terms and Conditions of Use. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other Customer of our Website.
- LIMITATION OF OUR LIABILITY TO YOU
- We shall have no responsibility for any personal or financial consequences, which result from the use of the Website and/or the Facilities. Wayside is in no way responsible for the services and their fitness for purpose as provided by other Customers of the Website .
- The material displayed on the Website and/or the Facilities is provided without any guarantees, conditions or warranties as to its accuracy or completeness. Subject to condition 9.9, we and any and all third parties connected to us (including our employees, officers, agents, representatives and subcontractors) hereby expressly exclude:
- any and all conditions, warranties and other terms (including any and all express or implied warranties) which might otherwise be implied by statute, common law or the law of equity;
- all liability for any: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss or corruption of data (excluding Personal Data); loss of goodwill; wasted time, whether caused by tort (including our negligence), breach of contract, breach of statutory duty or otherwise; and
- indirect and/or consequential loss or damage (i.e. where it is unforeseeable) incurred by you in connection with the use, inability to use, or arising (directly or indirectly) from use of the Website and/or the Facilities, any websites linked to either of them and/or any content, information, data, images and/or materials published, uploaded, posted on, disseminated, broadcast and/or distributed on and/or through the Website and/or the Facilities. For the avoidance of doubt, loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
- You acknowledge and agree that neither we nor any of our employees, officers, agents, representatives and/subcontractors endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Website and/or any of the Facilities by us, by any of our partner organisations, by any Member and/or by any other person or entity. We shall not be responsible or liable for the content of such materials and/or the conduct of Members (whether offline or online). You are strongly advised to use caution and common sense when using the Website and/or the Facilities and in meeting people following contact made through the Website and/or the Facilities.
- You acknowledge that Wayside and its employees, officers, agents, representatives and/subcontractors do not pre-screen content, but that we (and those authorised by us) have the right (but not the obligation) in our sole discretion to refuse, edit, move and/or remove any content that is made available on or through the Website and/or the Facilities.
- We do not control content posted on and/or disseminated through the Website and/or the Facilities and, as such, do not guarantee the accuracy, integrity or quality of any such content. You understand that by using the Website and/or the Facilities, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any content including for any errors or omissions in any content and/or for any loss and/or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise disseminated and/or transmitted through the Website and/or the Facilities.
- If you order goods and/or facilities from anyone other than Lydgate Trading Post Limited whether through any commercial waysidehotel.com website and/or services accessible through the Website and/or the Facilities, all transaction terms including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance, and delivery, are solely between you and the seller of the goods or facilities in question. You are solely responsible for fulfilling any contractual, e-commerce or other obligations you assume using the Website and/or the Facilities. We give no warranties or representations whatsoever with regard to any goods or facilities provided by the seller of the goods or facilities and shall not be liable for any costs and/or damages arising (directly or indirectly) from the goods and/or facilities ordered and/or from any actions or inactions of the seller of any of those items.
- We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our reasonable control.
- Nothing in these Terms and Conditions of Use shall exclude or limit our liability for (a) death or personal injury caused by negligence; (b) fraudulent misrepresentation or misrepresentation as to a fundamental matter; or (c) any other liability which cannot be excluded or limited under applicable law.
- YOUR INDEMNITY TO US
- You agree to indemnify us, our holding companies, our subsidiaries, our officers employees, agents, representatives and subcontractors against any and all claims, demands, costs, losses (excluding indirect and consequential losses), liabilities and expenses including legal expenses (on an indemnity basis) arising out of or relating to:
- any breach by you of the Rules of Behaviour, including any abusive or unlawful behaviour on your part or by any person for whom you are responsible;
- the Member Content infringing a third party’s Intellectual Property Rights;
- the Member Content’s contents, accuracy or completeness; and/or
- for any defamatory, offensive or illegal content, information or materials provided by you either directly or indirectly to us.
- LINKS TO OTHER WEBSITES
- Please note that links to websites created and/or maintained by organisations other than ourselves are available on or through the Website and/or the Facilities. However, we cannot accept any liability for the accuracy or content of such other websites and we do not necessarily endorse the views expressed within any of them. We will not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services on or through any such website or service. We cannot guarantee that these links will operate all of the time and we have no control over the availability of any linked pages.
- We may close your account on the Website and/or the Facilities at any time without cause, or if we believe, in our sole discretion, that you have violated any of the Rules of Behaviour set out in these Terms and Conditions of Use. We may also immediately terminate your Membership and right to access and/or use the Website and/or the Facilities if:
- you breach the agreement made between us as set out in these Terms and Conditions of Use;
- we are unable to verify or authenticate (should we choose to do so without being obliged to do so) any information you provide to us or you fail to provide, when requested, at our sole discretion, sufficient proof of your identity through legal documents such us a valid driving license or passport;
- any information which you provide to us is inaccurate;
- we decide, in our sole discretion, that you have abandoned your account;
- we decide, in our sole discretion, to discontinue operating, maintaining and/or offering all or any of the Website and/or the Facilities; and/or
- you act in a manner which we decide, in our sole discretion, to be fraudulent and/or contravene any applicable anti money laundering legislation.
- We shall not be liable to you or any third party for termination of your account on the Website and/or all or any of the Facilities.
- Termination of your Membership and/or any closure of your account by us shall be without prejudice to any other rights and/or remedies that we may have including any and all claims under any indemnity set out in these Terms and Conditions of Use and/or any and all claims for damages in respect of any loss suffered as a result of breach of any of these Terms and Conditions of Use by you.
- You may at any time, and with or without cause, terminate your registration with the Website and the Facilities and your Membership by cancelling your account via your ‘Account’ page and notifying us of that cancellation. By cancelling your account, you agree to comply with our conditions for termination which may include, but are not limited to, removing any outstanding bookings.
- In the event of termination of your Membership you will remain obligated not to violate the rights and/or privacy of any person or entity with respect to any materials you may have received or downloaded through and/or from the Website and/or the Facilities.
- MATTERS OUTSIDE OF OUR CONTROL (FORCE MAJEURE)
- Neither party shall be liable for any failure to perform its obligations under these Terms and Conditions of Use if such failure results from circumstances which could not reasonably be contemplated at the time of entering into these Terms and Conditions of Use and which are beyond the parties’ reasonable control (including, without limitation, strikes, lock-outs or other industrial disputes (involving the workforce of Wayside), failure of a utility service or transport network, war, riot, civil commotion, terrorism, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers or sub-contractors). If a force majeure event continues for a period of 30 days or more, either party may terminate these Terms and Conditions of Use immediately by providing the other party with written notice.
- VARIATIONS TO TERMS AND CONDITIONS OF USE
- The information, material and/or content provided in the pages of the Website and/or the Facilities may be changed at any time and from time to time without notice. We may revise these Terms and Conditions of Use at any time without prior notice by amending this page. You agree that you will check this page on the Website on a regular basis to take notice of any changes that are made, as they are binding on you. Some of the provisions contained in these Terms and Conditions of Use may also be superseded by provisions or notices published elsewhere on our Website.
- ENTIRE AGREEMENT AND MISCELLANEOUS PROVISIONS
- These Terms and Conditions of Use, and the pages on the Website and/or the Facilities to which these Terms and Conditions of Use refer, constitute the entire agreement between us. They cancel and supersede all prior understandings, proposals, agreements, negotiations, and discussions between us whether written or oral.
- Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions of Use. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms and Conditions of Use.
- If any provision (or part of any provision) of these Terms and Conditions of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions will continue in force without being impaired or invalidated in anyway.
- No forbearance, delay or indulgence by either of us in enforcing our respective rights shall prejudice or restrict those rights. Neither of us shall be deemed to have waived any of our respective rights under these Terms and Conditions of Use because of our respective failure or delay in exercising that right.
- You may not assign, transfer and/or subcontract all or any of your rights and/or obligations under the agreement between us set out in these Terms and Conditions of Use which are personal to you and any attempt on your part to the contrary is void. Wayside may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms and Conditions of Use. The agreement made between us as evidenced in these Terms and Conditions of Use shall inure to the benefit of and be binding upon each of our successors and assigns.
- Nothing in these Terms and Conditions of Use is intended to or shall operate to create a partnership between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
- Any legal notice given under these Terms and Conditions of Use by either party to the other must be in writing and may be delivered personally or by first class post and in the case of post will be deemed to be given two working days after the date of posting. Notices must be delivered or sent to the other party’s registered business address or to any other address notified in writing by either party to the other for the purpose of receiving notices. Serving notice by email or fax will not be accepted as an effective method of providing notice of a claim under Terms and Conditions of Use.
- RIGHTS OF THIRD PARTIES
- A person who is not a party to the agreement between us has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any provision of these Terms and Conditions of Use.
- JURISDICTION AND GOVERNING LAW
- These Terms and Conditions of Use and the agreement made between us and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and will be interpreted in accordance with the laws of England and Wales. The courts of England and Wales will have exclusive jurisdiction in respect of any claim or dispute which may arise in connection with these Terms and Conditions of Use or in connection with and/or arising from any use of the Website and/or the Facilities.
- If you have any concerns about any material whatsoever which appears on the Website and/or the Facilities, please contact email@example.com.
- If you believe that any communication made through or on the Website and/or any of the Facilities infringes any legal rights that you may have or is in breach of any of these Terms and Conditions of Use (including the Rules of Behaviour) or know of or suspect any unauthorised posting of or attempt to post any communications, you should notify us immediately with specific details by email at the following address: firstname.lastname@example.org.
- You agree to comply with all reasonable requests from us, the police, or any statutory or regulatory authorities in identifying any unauthorised users of the Website and/or the Facilities.
Who we are
Waysidehotel.com is a website operated by Lydgate Trading Post Limited. Lydgate Trading Post Limited is a private limited company registered in England and Wales under company number 4718509. Our registered office is at Wayside Farm, Whitbeck, Cumbria, LA19 5UP England.
Lydgate Trading Post Limited trades as Wayside Guest Accommodation (offering luxury Bed and Breakfast accommodation) and Wayside Whisky Barn (offering sales of rare and collectible Whisky) herinafter referred to as Wayside
For the purposes of the General Data Protection Regulations and any other applicable data protection and privacy laws and regulations (“ Data Protection Legislation”), Wayside will be the ‘data controller’ for all personal information we determine the means and purpose of processing
Occasionally, Wayside will act solely as the data processor for some of our clients. If you are the employee of one of these clients we will be the data processor for the purposes of your personal information and your employer will be the controller. If you wish to discover how your data is handled under Data Protection Legislation, please refer to the privacy notice belonging to your employer.
How do you use my data?
We gather two types of information about our Customers:
- data that Customer or their employers provide through optional, voluntary registration and
- data gathered through tracking information derived mainly by tallying page views and through the website.
This information enables us to improve the tailoring of our features and content to Customers’ needs and to help our clients better understand the demographics of our Customers. How we use the data we collect from you is described in more detail below.
When you subscribe to us
The Website offers free, voluntary subscription to customers. By subscribing, Customers will receive regular updates and promotional offer via our electronic newsletter.
When you subscribe with us, we will use your personal information to create your account. The details we collect from you will include your name and email address.
We need to process your personal information in this way to enter into and perform the services you have asked to receive.
When you use our services or website functionality
If you ask us to, we will also send out emails notifying you of replies to specific journey postings. We also provide the option for you to allow other Members to respond to postings directly via their email.
Our Website also enables members to reciprocally post reviews relating to their car sharing experiences, both in a positive and negative aspect. We reserve the right to post, monitor and remove reviews relating to members as we think appropriate to deliver services to our community of members.
We may also send you email notifications of specific changes to the Website and our service offering. Unless we need to as part of providing the services, we never share individual email addresses, telephone numbers or postcodes with any third parties, including advertisers or partners, without your prior consent from the relevant Members.
We need to process your personal information in this way to enter into and perform the services you have asked to receive.
When you phone us
When you phone us, we may also handle your personal information (your name, contact details and the other details you provide to us during the call) in order to provide the customer services you have asked us to. This could be when you ask us to confirm your account details, or explain our services to you.
When you have expressed an interest in our services:
If you have opted in via our website to receive marketing communications from us, we will handle your personal information for example (your name, email address and postal address and telephone number) to provide you with marketing communications in line with any preferences you have told us about.
Every email we send to you for marketing purposes will also contain instructions on how to unsubscribe from receiving them.
When we send you marketing material in the post, we rely on our legitimate interest to let you know about our latest offers and services.
You are not under any obligation to provide us with your personal data for marketing purposes.
You can tell us that you do not want your personal information to be processed in this way at any time by contacting us at email@example.com or, where relevant, by following the unsubscribe link shown in every marketing communication you receive from us. You can also unsubscribe by managing your settings in the “Account Settings” section of our online platform.
To make our site better:
We will also use your personal information to provide you with a more effective user experience (such as by displaying potential journeys or car sharing options we think you will be interested in, based on your previous journey history).
Our use of your information in this way means that your experience of our site will be more tailored to you, and that the options and recommendations you see on our site may differ from someone accessing the same site with a different journey history or browsing habits.
We also share your aggregated, anonymous data with third party analytics and search engine providers that assist us in the improvement and optimisation of our site. The following are the types of third party providers which we currently engage with:
- Analytics platforms
- Email providers
- Cloud storage companies
We will also use your personal information for the purposes of making our site more secure, and to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
We process your data for this reason because we have a legitimate interest to provide you with the best experience we can, and to ensure that our site is kept secure.
You can prevent us from using your personal information in this way by using the ‘do not track’ functionality in your internet browser. If you enable do not track functionality, our site may be less tailored to your needs and preferences.
If our business is sold:
We will transfer your personal information to a third party:
- if we sell or buy any business or assets, we will provide your personal information to the seller or buyer (but only to the extent we need to, and always in accordance with data protection legislation); or
- if Wayside or the majority of its assets are acquired by somebody else, in which case the personal information held by Wayside will be transferred to the buyer.
We process your personal information for this purpose because we have a legitimate interest to ensure our business can be continued by the buyer. If you object to our use of your personal information in this way, the relevant seller or buyer of our business may not be able to provide services to you.
In some circumstances we may also need to share your personal information if we are under a duty to disclose or share it to comply with a legal obligation
What about technical information and analytics?
Information we collect about you: When you visit our site we will automatically collect the following information:
- technical information, including the Internet protocol (IP) address used to connect your computer to the internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, screen resolution, operating system and platform; and
- information about your visit, including the full Uniform Resource Locators, clickstream to, through and from our site (including date and time), page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs) and methods used to browse away from the page.
- we may collect information about the devices you use to access our services, including the hardware models, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion information and mobile network information.
Information we receive from other sources: We are also working closely with third party advertising networks, analytics providers, hosting providers and search information providers from whom we may also receive general aggregated anonymous information about you.
If you fail to provide us with Personal Information:
You always reserve the right to withhold your personal information, but this may affect how we provide our services
Where we need to collect personal information by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you .in this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.
Where is my data stored?
The data that we collect from you will be stored in a location within the UK.
All information you provide to us is stored on our secure servers or those of our third party sub-contractors. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. You must not share your password with anyone.
How long do we retain your data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
Where you have created an account with us, we will retain your data for the duration of your membership to ensure that we are able to assist you should you have any questions, feedback or issues in connection with any of our services or if any legal issues arise.
Members can at any point delete their account, this account removal option is available to the member in their account pages. The data is removed from the live website immediately; data replication will remove data from mirrored backups up to a maximum of 15 minutes later. Once your membership terminates we will retain your personal information for 24 months – we retain this personal information under the legal basis of legitimate interests to allow us to service any enquiries from former customers or to help returning customers re-establish their membership account. We will anonymise any other information we hold on your behalf and only use this for compiling into aggregated statistical analysis of our services. Any personal information we are not obliged to retain that cannot be anonymised securely, will be destroyed.
Where we have used your personal information to contact you for marketing communications:
If you tell us that you no longer wish to receive marketing communications from us, we promise to stop sending them to you. If you wish to unsubscribe from our marketing communications, we will immediately remove your personal information from our marketing database and ensure your contact details are suppressed to prevent us contacting you in future about promotional offerings unless you inform us otherwise.
Where we have processed your data for any other reason (such as where you have contacted us with a question in connection with our services) we will retain your data for 3 years. As we are holding this data under our legitimate interests, your rights to object (as outlined in “Your right to object under data protection law”) apply as normal.
Any restorations of data for development or testing purposes is anonymised.
LAWFUL BASIS OF PROCESSING
We will only process your information for as long as we have a relevant legal basis to do so. This is usually in order to provide you with the services you have requested from Wayside and unless stated, all of the above processing is conducted under the legal basis of performance of a contract.
We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we consider the new purpose to be incompatible with the original purpose of collection, we will conduct a Privacy Impact Assessment or contact you to request your consent for further processing. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at firstname.lastname@example.org
Your right to object under data protection laws
You have the right to object to us handling your personal information when:
- we are handling your personal information based on our legitimate interests (as described in the “How do you use my data” section above). If you ask us to stop handling your personal information in this way, we will stop unless we can show you that we have compelling grounds as to why our use of your personal information should continue
- for marketing purposes. If you ask us to stop handling your personal information on this basis, we will stop.
What are my rights under data protection laws?
You have various rights under the data protection laws, which you can exercise by contacting us. The easiest way to do this is by email at email@example.com.
Right of access
You are entitled to receive confirmation as to whether your personal information is being processed by us, as well as various other information relating to our use of your personal information.
You also have the right to access your personal information which we are handling.
Right to rectification
You have the right to require us to rectify any inaccurate personal information we hold about you. You also have the right to have incomplete personal information we hold about you completed, by providing a supplementary statement to us.
Right to restriction
You can restrict our processing of your personal information where:
- you think we hold inaccurate personal information about you
- our handling of your personal information breaks the law, but you do not want us to delete it
- we no longer need to process your personal information, but you want us to keep it for legal reasons
- we are handling your personal information because we have a legitimate interest (as described in the “How We Use Your Data” section above, and are in the process of objecting to this use of your personal information
Where you exercise your right to restrict us from using your personal information, we will then only process your personal information when you agree, except for storage purposes and to handle legal claims.
Right to data portability
You have the right to receive the personal information we hold about you in a structured, standard machine readable format and to send this to another organisation controlling your personal information.
Right to erasure
You have the right to require us to erase your personal information which we are handling in the following circumstances:
- we no longer need to use your personal information for the reasons we told you we collected it for
- where we needed your consent to use your personal information and you have withdrawn your consent
- you object to our use of your personal information and we have no compelling reason to carry on handling your personal information
- our handling of your personal information has broken the law
- we must erase your personal information to comply with a law we are subject to
Right to complain
You have the right to lodge a complaint with the Information Commissioner’s Office, the supervisory authority for data protection issues in England and Wales.
What about websites we link to?
Our site may, from time to time, contain links to and from the websites of our partner networks and affiliates.
Our site connects you to different websites. If you follow a link to any of these websites or use our services, please note that you have left our site and these websites have their own privacy policies.
We do not accept any responsibility or liability for these policies or websites. Please check their policies before you submit any personal information to these websites.
Information regarding children
We do not intentionally market our services or collect information via this website from data subjects under the age of 18. We do not collect information regarding children for the provision of our services and will erase any data collected if informed by the parent or legal guardian of a child whose data we have erroneously collected.
How do i contact you with feedback?