UpFront Reviews - Terms And Conditions

We are SuperControl Ltd, a Scottish company (number SC249531), trading as “UpFront Reviews”. Our registered office is at Orroland, Kirkcudbright, Dumfries and Galloway, DG6 4QS.

1. Our Website
   1. UpfrontReviews.com (the "Website") is an independent verified reviews website for self-catering holiday properties. Our Website is operated by SuperControl Ltd (“we”, “us”, “our”).
   2. If you wish to contact us regarding our Website, please use the above contact details.
2. The Agreement between us
   1. You should only use our Website if you accept the following Website terms and conditions and Privacy Policy (together, the "Terms"). Your continued use of our Website signifies your acceptance of these Terms. If you do not accept all of these Terms, you should not use our Website.
   2. If we have contacted you to request that you provide a review of a particular self catering holiday accommodation that you have recently booked through our SuperControl online booking system (a “Review”), then you agree that these Terms shall also govern the submission of your Review.
   3. Any error or omission of any information that we publish on our Website shall be subject to correction, provided that the correction does not materially affect our Website.
   4. We may modify these Terms at any time and we will inform you of any intended changes by posting a notice on our Website. If you do not wish to accept any amended Terms you should stop using our Website. Your continued use of our Website will signify your acceptance of any amended Terms.
3. Copyright and other Intellectual Property Rights
   1. All information, data and materials used in our Website are protected by intellectual property rights, including copyright, design rights, database rights and trade marks. All these rights are either owned by us or licensed to us by the rights owner(s) for use with our Website or otherwise used by us as permitted by applicable law.
   2. You May:
      1. print or download to a local hard disk extracts from our Website for your own personal, non-commercial use; and
      2. copy such extracts to individual third parties for their personal information only.
   3. Any other copying, distribution, storing, framing or transmission of any kind or any sort of commercial use of the material used in our Website is strictly prohibited without our express consent.
   4. We reserve the right at any time at our discretion to withdraw or modify the licence set out at 3.2 above.
4. Disclaimer
   1. Our Website contains general information only and is not intended to constitute specific advice in relation to travel, accommodation or any other matter.
   2. Whilst we try to make sure that the information contained on our Website is accurate, we assume no responsibility for such information and disclaim all liability in respect of such information, including any Reviews posted on our Website.
5. Linking
   1. We reserve the right to employ such measures as are necessary to remove any unwanted linking or framing to our Website.
6. Reviews
   1. The Reviews appearing on our Website are submitted by invitation only and are independently authenticated by us. The way we do that is to send e-mail requests for Reviews, together with a Questionnaire, to people who booked self catering holiday accommodation from property owners and operators who use our SuperControl online booking system. Accordingly, we have taken reasonable steps to verify that any Reviews appearing on our Website have been submitted only by genuine visitors to such properties. However, we cannot guarantee the accuracy, honesty or reasonableness of such Reviews, nor can we guarantee that such Reviews have not been submitted maliciously. Please note that the Property owner or operator will be aware of the identity of any person submitting a Review.
   2. We will deal with any complaints regarding the content of any Reviews in accordance with Clause 8 of these Terms.
   3. We reserve the right to screen or remove any content submitted by third parties, including any Reviews, from our Website for any reason and without notice.
   4. We will not alter or edit any Reviews submitted to us, save that we may correct incidental spelling or grammatical errors or typos without notice in order to improve readability and user experience. We may also decline to publish photographs submitted with any Reviews.
   5. We take no responsibility and assume no liability for any content posted, stored or loaded by you or any third party, or any loss or damage thereto, nor are we liable for any opinions, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity that you may encounter on our Website. We are not liable for any statements, representations or content provided by any users of our Website (including but not limited to in any Review). We have no obligation to screen, edit or monitor any of the content or material (including any Review) posted on our Website.
   6. You hereby agree to waive any moral rights in any content submitted by you, including in any Review, to our Website. By submitting any such content, including any Review, you hereby grant to us and to the owner or operator of the self catering accommodation that is the subject of your Review a perpetual, irrevocable licence to use and display such content or Review in any media and to make further use of it in any marketing or publicity materials.
   7. If you have submitted a Review, please note that there may be a delay between the time you post a Review and it appearing on our Website. We will contact you by e-mail to inform you when we have received your review and when it has been placed on our Website.
   8. We reserve the right not to permit a Review to appear on our Website for any reason including but not limited to where we decide in our absolute discretion that a complaint submitted to us pursuant to Condition 8 below appears to be justified.
   9. If you submit any photographs with your Review, you warrant that you have obtained the permission of any people appearing in the photograph for their image to be published on the internet. We reserve the right not to publish any photograph or to only publish selected photographs submitted by you.
7. Acceptable Use Policy
   1. You agree to use our Website as permitted by these Terms and for lawful purposes only. In particular, you agree not to:
      1. use our Website to receive, access or transmit content or material (including but not limited to any Reviews) that is false, obscene, sexually explicit, defamatory, abusive, inflammatory, threatening, degrading, racist, in breach of confidence or in breach of third party intellectual property rights (including copyright) or otherwise objectionable or unlawful;
      2. impersonate any person, or entity or misrepresent your affiliation with any person or entity;
      3. post false, inaccurate, misleading, dishonest, untruthful or malicious Reviews;
      4. access or attempt to access parts of our Website that you are not authorised to access;
      5. interfere with the use of our Website by other users;
      6. use our Website to gain unauthorised access to other computer systems or interfere with services to other host providers, networks or websites;
      7. use our Website to knowingly or recklessly transmit content or material (including viruses) or otherwise use our Website so as to cause harm to our Website, SuperControl Ltd or other users or which is likely to bring our Website or any of those persons into disrepute (save that you may post honest and truthful Reviews of self catering holiday properties on our Website); and
      8. intentionally violate any other applicable law or regulation while using our Website.
8. Complaints
   1. Please contact us immediately at [email protected]. If you have any complaints or objections to any content appearing on this Website, including but not limited to:-
      1. the accuracy, honesty or truthfulness of any Review appearing on our Website; or
      2. if you believe that any content or material on our Website is unlawful, or is in breach of these Terms or otherwise infringes any copyright, trade mark or other intellectual property right belonging to you.
   2. If you follow this procedure, we will use reasonable endeavours to remove any such content within a reasonable time.
9. Limitations
   1. We will do our best to maintain the operation of our Website in accordance with these Terms. However, we cannot guarantee that our Website will be technically suitable for viewing on your computer or that our Website will be delivered to you uninterrupted in a timely manner, secure or error-free.
   2. You are responsible for providing all computer equipment, mobile phone equipment and telecommunications service required to use our Website. We cannot and do not accept any responsibility for these and cannot guarantee the continued availability of any other person or services involved in providing our Website to you.
   3. The Internet is not a secure environment and we cannot guarantee that our Website and the server are free of computer viruses or other harmful applications. We recommend that you regularly update your browser software and use up-to-date anti-virus software to ensure that your access to our Website is as secure as possible.
   4. Your access to our Website may be occasionally restricted due to events beyond our reasonable control or to allow for repairs, maintenance or the introduction of new facilities or services. Where this happens, we will attempt to restore our Website as soon as we reasonably can.
   5. Our Website contains links to other websites and to material contained on other websites. We are not responsible for the content of such other websites and to the extent permitted by law, we disclaim all liability in respect of such content and of any other websites or content which you may be able to access from these websites.
   6. Except for death or personal injury caused by our negligent acts or omissions, or fraudulent misrepresentation, we shall only be liable for loss or damage which is a reasonably foreseeable consequence of a breach of these Terms.
10. Your responsibility to us
    1. You shall be responsible for any losses, expenses or other costs incurred by us which are caused by your deliberate breach of these Terms.
11. Terminations and Suspension
    1. We may cancel or suspend your access to our Website if:
       1. you breach these Terms or misuse our Website; or
       2. you have behaved in a way which objectively could be regarded as inappropriate or is unlawful or illegal or which would bring us or the owner or operator of any self catering holiday properties listed on our Website into disrepute.
    2. We may suspend access to our Website or require you to change any passwords (if any) that you may use to access parts of our Website if we reasonably believe that our Website has been or is likely to be misused, and we will notify you accordingly.
    3. It may be necessary, for reasons beyond our control, to terminate access to our Website.
    4. Any termination of or access to our Website will not affect liability previously incurred by either of us to the other.
12. Privacy Policy
    1. Any personal information that we collect from you will only be used by us in accordance with our Privacy Policy, which as set out at clause 2.1 above forms part of these Terms.
13. Disputes And Law
    1. We will try to solve any disagreements quickly and efficiently.
    2. These Terms and the agreement between you and us are governed by the laws of Scotland and we both agree to submit to the exclusive jurisdiction of the Scottish courts.
14. Access Outside The UK
    1. We cannot guarantee that our Website complies with all foreign and local laws and requirements outside the United Kingdom.
15. General
    1. If any part of these Terms is found by a court to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
    2. If you breach these Terms and we ignore this, we will still be entitled to enforce all these Terms at a later date or in any other situation where you breach these Terms.
    3. These Terms and the agreement between you and us for the provision of our Website are only available in the English language.
    4. It is a matter for you to determine if you require a third party to provide a translation of these Terms.
    5. We will not be responsible for any costs that you may incur in connection with a request to a third party for a translation of these Terms.
    6. We cannot guarantee the accuracy of any translation of these Terms by a third party.

Last Updated:   May 2013