Terms and Conditions of gapyear.com
This website at www.gapyear.com (“Site”) is owned by Flight Centre(UK) Limited trading as Gapyear.com (UK Company Registration No. 2937210) (“Flight Centre”).
A “member” is any person who signs up to be a member of the Site. Members of the Site may set up a member profile and use the Site to participate in chat areas, Gap Year messageboards, personal web pages, electronic mail postings and/or other message or communication facilities and may use the various member tools available on the Site (collectively, “Services”).
Please read the Terms carefully. If you do not accept the Terms stated here, do not use this Site or the Services. By using this Site (including by signing up to be a Member and by using the Services), you are indicating your acceptance to be bound by these Terms and by any other terms, policies and rules incorporated by reference in these Terms.
This Site displays information about travel locations, travelling options and other travel related issues; information about members (including members’ profile information and any messages they publish on the Site); and many other things.
Much of this information is supplied to us by third parties, including members of the Site, amateur writers and third party providers such as airlines, hotels and transportation suppliers. We cannot guarantee the accuracy of such information where it is supplied by third parties. In particular, we accept no responsibility for user-generated information or content provided by users of the Site (including members) or for the actions of users (including members) connected with the Site.
If you rely on information contained on this Site, you do so at your own risk. We recommend you confirm all information contained on or linked from the Site with the relevant third party provider or by undertaking your own further enquiries.
The views of members of the Site are not necessarily shared by Gap Year or our employees.
You must only use this Site for lawful purposes and in a responsible and co-operative manner. Any breach of these Terms by you may result in legal action being taken by us against you.
You must not:
- Use another’s personal information, including name, login details or password without permission;
- Use the Site while impersonating another person;
- Post or transmit to or via the Site any unlawful, threatening, defamatory, libellous, obscene, indecent, inflammatory or pornographic material or any material that could give rise to civil or criminal proceedings;
- Make any fraudulent, speculative or false enquiries, bookings, reservations or requests using the Site;
- Use the Site to engage in unsolicited promotions, political campaigning, advertising or solicitation;
- Tamper with, hinder the operation of or make unauthorised modifications to the Site;
- Delete data from the Site without our permission;
- Knowingly transmit any virus or other disabling feature to the Site;
- Breach any third party’s rights (including intellectual property rights and obligations of confidentiality owed to third parties) or infringe any laws in any jurisdiction in using this Site;
- Frame this Site as part of another site or cache this Site for commercial benefit;
- Commit any act that may amount to a criminal offence or civil breach of any jurisdiction;
- Attempt to do any of the above acts; or
- Knowingly permit another person to do any of the above acts.
Interactive Facilities and User Content
The Services provided on the Site may include interactive communication facilities such as Gap Year messageboards, discussion groups and other chat forums where members may post reviews of travel experiences, travel plans, comments and other information (collectively, “Interactive Facilities”).
You are solely responsible for your use of any such Interactive Facilities and agree that you use them at your risk. In addition to these Terms, the “Gap Year Communication Rules” apply to all use you make of the Interactive Facilities.
You agree that, by posting or otherwise providing any message, data, information, text, music, sound, photos, video footage, art, imagery, design, graphics, code or other material (“Content”) to or through the Site (including by using Interactive Facilities), you:
- Grant to us and our affiliates (including, without limitation, our related entities) a worldwide, nonexclusive, royalty-free, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, broadcast, communicate, create derivative works from, publicly display and perform such Content throughout the world in any media (“Licence”);
- Expressly acknowledge that we may sub-license our rights under the Licence to third parties who may make use of the Content consistent with the Licence including, by way of example, in a written publication, compilation of works, training materials, film, television program, script or screenplay;
- Grant us and our affiliates and sub-licensees the right to use your member name or any other name that you submit in connection with such Content, at our discretion;
- Waive any entitlement to any moral rights you may have as an author of the Content; and
- Agree that we are under no obligation to treat the Content as confidential information.
We reserve the right to, at our absolute and unfettered discretion, remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason. We accept no responsibility or liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage to any such Content. We accept no responsibility for statements, representations or other Content provided by you or other users of the Site, including members using Interactive Facilities.
For the avoidance of doubt, these Terms do not restrict your rights to re-use Content you have posted or otherwise provided to or through the Site.
Prices, Travel Restrictions and Conditions
Restrictions and conditions apply to all of the travel products and services offered on the Site and such restrictions and conditions may affect any prices set out on the Site. To determine the applicable restrictions and conditions you must contact us or the relevant third party provider.
The airlines and other third party providers of any travel and travel related products and services offered on the Site may change their prices, details of their packages, tours, flights and other information displayed on the Site at any time. For this reason, all prices displayed on the Site are subject to change without notice. All travel products and services described on the Site are subject to availability.
You are responsible for obtaining all passport, visa and health information that you may require. We may assist you to obtain such information, however the final responsibility for obtaining the necessary information and complying with any passport, visa and health requirement remains with you.
You warrant that:
- You are responsible (financially and otherwise) for all uses of the Site by you and those using the Site using your login details, including your password;
- The information you supply via the Site (including any Content) will be accurate and not misleading, deceptive or likely to mislead or deceive;
- You own, or otherwise have the legal right to post, communicate and distribute, any Content you provide to or through the Site (including by using Interactive Facilities) and posting, communicating, distributing or otherwise using such Content in accordance with the Licence will not violate any rights (including intellectual property rights) of, or otherwise harm or cause injury to, any person or entity.
You indemnify us and our officers, employees and agents against all losses, costs, damages, claims and expenses arising from:
- Any breach of these Terms by you;
- Any negligent, unlawful, fraudulent or otherwise wrongful act or omission by you or an officer, employee or agent of you; or
- Any claim, action, demand or proceeding by a third party against us or our officers, employees or agents or a related entity of ours caused or contributed to by you or an officer, employee or agent of you.
You specifically consent to us disclosing your personal information to sub-licensees we grant rights to under the Licence granted to us by these Terms.
At all times we retain the right to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
We may disclose aggregated information about users and use statistics relating to the Site and aggregated information about our sales and trading patterns to others.
The material contained on this Site, including (without limitation) the software, design, source code, text, images and graphics (including trademarks) comprised in this Site and the selection and layout of this Site, are owned or licensed by us and are protected by intellectual property laws, including copyright.
You may use the Site only for your personal and non-commercial purposes. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish, communicate or distribute the material on the Site, or create any other material using material on the Site, without obtaining our prior written consent.
Trademarks (whether registered or unregistered) and logos on the Site must not be used or modified in any way by you without obtaining our prior written consent.
The Site, including trademarks, service-marks, business names, company names, logos, trade-names, get-up (trade dress), products, technology and processes contained in this Site may be the subject of other intellectual property rights owned by us or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of this Site must not in any way infringe the intellectual property rights of any person in any jurisdiction.
No part of this Site may be reproduced, stored in a retrieval system or transmitted in any form without obtaining our prior written consent.
Disclaimers and Limitation of Liability
You use the Site at your own risk.
The Site is provided by us on an “as is” basis. We do not warrant or represent that the content of the Site is accurate, up-to-date or complete, or that it does not infringe the rights of any third parties. We make no representations or warranties of any kind and, to the maximum extent permitted by law, disclaim all implied representations and warranties, with respect to the Site, its contents or any of the products or services supplied through the Site.
To the maximum extent permitted by law, we (including our officers, employees, shareholders or other representatives) are not liable for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered, in connection with your use of, or access to, (or inability to use or access) the Site or the purchase and use of any products or services supplied via the Site. This limitation of liability (whether arising under contract, tort (including negligence) or statute) applies to all damages of any kind including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, personal injury and claims of third parties.
In the event that the Site fails to operate or causes you loss or damage, your sole remedy is the refund of any money that you paid to us to use the Site.
Your access to and use of the Site is subject to factors beyond our control. We do not represent or warrant that the Site, the server that makes it available or any of the products or services supplied through the Site will be free of errors, viruses or defects or that the service will be uninterrupted or timely. Because of the nature of the Internet, we do not warrant that the Site will be secure and we will not be liable for any disruptions to the Site. We do not represent that any of the travel products and services set out on the Site will be suitable for you.
Any travel products and services offered and promoted via the Site are products and services of third parties. Your legal relationship in respect of the third party products and services is with the relevant third party provider.
We may link our Site to other sites on the World Wide Web. We are not required to maintain or update these links. These links are provided for your convenience only. It does not mean that we have reviewed these sites or that we endorse them. We are not responsible for the content of other sites, even if we link to them and we are not recommending these sites or their products or services to you.
We make no warranties and accept no liability if you suffer any loss or damage in relation to material contained on external sites or using another’s product or services.
SSL encryption is automatically enabled whenever the user submits confidential information to us via the Internet.
The Site may store cookies on your web browser in order to improve service for you on your subsequent visits to the Site.
By using cookies, websites can track information about visitor’s use of the Site and provide customised content. Most web browsers can be configured to notify the user when a cookie is received, allowing you to either accept or reject it. You may also inspect the cookies stored by your web browser and remove any that you do not want.
Except as otherwise specified, we may amend these Terms at any time without notice to you by posting amended Terms on the Site. The amended Terms will take effect immediately when they are posted on the Site. Your continued use of the Site will constitute your acceptance of such amendments. If you do not agree to any amendments to the Terms, you must stop using the Site.
We may terminate this agreement, your registration, membership or ability to access the Site and / or any other service provided to you by us and any other agreement between us, immediately if you breach any of these Terms.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended to be created between you and us by these Terms.
If any dispute arises about these Terms or how these Terms apply or arises out of your use of this Site, the laws of England will apply. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of England and waive any right that you may have to object to an action being brought in those courts.
If any of these Terms are invalid or unenforceable, it will be struck out, and the remaining Terms will remain in force.
Headings are for reference purposes only.
Where the words “include”, “including”, “for example” or “such as” are used in these Terms to introduce an example, they do not limit the meaning of the words to which the example relates to that example or examples of that kind.
If we do not act in relation to a breach by you or others of these Terms, this does not waive our right to act with respect to subsequent or similar breaches.
In these Terms, the term “Site” includes any email bulletins or other content that we provide to you via or initiated from the Site.
Questions and Comments
If you have any questions about these Terms or your use of the Site, feel free to contact us by email at email@example.com.
By using the Site, you acknowledge you are 18 years of age or older (or, where you are younger, you agree that you are using the Site with the consent, and under the supervision, of a parent, guardian or other responsible adult) and that you understand and agree with the above Terms.
These Terms were last updated on 20 June 2012.
Gap Year Communication Rules
By using any Interactive Facilities or otherwise providing Content on or through the Site, you agree to be bound by these Gap Year Communication Rules.
Specific communities, chat, alternative services and discussion groups may also have additional rules which govern your use, so be sure to review them in addition to these Gap Year Communication Rules.
Your commitment to these Gap Year Communication Rulesin using all Interactive Facilities and Services ensures a positive experience for all our members.
We are not responsible for the content or activities in any user-created, non-Gap year managed Content. The Site is a general purpose website and is designed for use by individuals that are 16 years of age or older.
We encourage everyone using the Site to treat each other with mutual respect. You must not use the Gap Year Services to threaten, harass, stalk, or abuse others using the Site or participating in any Gap Year Services. You must refrain from all expressions of bigotry, racism, homophobia, hatred, foul language or profanity when using the Site.
We encourage our members to create their own web pages and communities. The creators of these pages / areas act as Hosts. Hosts may eject or ban a member from their area if a participant violates one of their rules or these Gap Year Communication Rules. By participating in a user-created area, you agree to be bound by the rules of that area.
Managers and/or Hosts who manage Gap Year Services may eject or ban members, as well as remove postings that violate these Gap Year Communication Rules.
You may not redistribute images, photos or any personal data that you have found, copied or downloaded from a Gap Year member page or any other page hosted on the Gap Year server. Please respect the privacy of others.
Keep it Legal
No illegal activities are permitted to be conducted on or through the Site. You must not use the Gap Year Services to publish, post, distribute, or disseminate defamatory, infringing, obscene, or other unlawful material or information.
Do not upload files or post messages that contain photos, software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents. We are not responsible for any use of anything you say or post on or through the Site.
Do not upload or post files or photos, software or other Content or material that may be considered to be pornographic, vulgar, political, or offensive to any other users of the Site. You are also governed by the laws of the country you use or access the Site from and must not enter into any act which would be considered illegal by such laws.
Do not post any materials (including software and other information, including links to other websites) that could harm (or is designed to harm) other users’ computers or would allow others to inappropriately access software or websites.
We do not tolerate disruptive activity online, such as persistent off-topic comments and postings or statements that incite others to violate these Gap Year Communication Rulesor participate in illegal activities. Our participants want to use the Site and the Services in a positive environment.
We do not allow posting or use of computer programs that contain destructive features such as: viruses, worms, or Trojan horses, showing multiple screens, and other activities that can be disruptive to online communication.
Falsely impersonating a Gap Year employee, agent, manager, host, or any other person with the intent to mislead or cause harm to others is forbidden.
We reserve the right to change the rating or re-categorize any user-created areas, information and personal details at any time at our sole and unfettered discretion.
You must not ‘spam’ using the Site or the Interactive Facilities; none of our users like it. To spam includes sending identical and irrelevant submissions to many different discussion groups, mailing lists or communities. Usually such postings have nothing to do with the particular topic of the group or are of no real interest to those on the mailing list. To spam may also include misrepresenting the source of anything you say or post. Spamming is a serious violation of online etiquette.
We reserve the right to ban a user at any time, without notice, from any or all Services for spamming.
Any space on the Site provided to you by us is for your own personal use. You may not sell, license, exchange or barter any space provided to you within any Interactive Facilities for any purpose including, without limitation, selling, licensing, exchanging or bartering space for advertisements.
You are responsible and liable for all your activities while using the Site and participating in the Services and associated Internet services. Remember, you are responsible for anything you say, publish or post.
The Site is not designed as the primary place to store any materials; you are responsible for creating backups of Content you post to the Site such as photos, documents and software. We are not responsible for loss of access to, or deletion or alteration of any materials included in any Interactive Facilities.
We reserve the right to remove at any time, without notice or explanation, any member account or user-created Content or any particular posting that violates these Gap Year Communication Rules.
Some members may post Internet website links in their area. Please be advised that we are not responsible for the content on the websites associated with the links you may view.
Some content and links on the Internet may contain adult content and may not be suitable for children. We encourage parents to join their children as they surf and explore the Internet.
All content that a member publishes to their profile (including text and pictures) is considered to be part of the public domain and the Internet. It is not possible to control or monitor against the theft any element that goes to make up a member profile and as such you should be aware that any information or content that you post is freely available to the public. We are not responsible for any theft or infringement resulting directly or indirectly from the use of the Site or the Services.
You are responsible for any actions you may take based on advice or information you receive online. Use your own good judgment when evaluating information provided through any Interactive Facilities, and remember that the information provided could be from people at any age and experience level. The decision to conduct transactions with anyone is your own and you should conduct your own research prior to making any decisions.
Although we strive to provide the best facilities we can to ensure maximum speed and availability from our servers and software, we do not offer any SLA (Service Level Agreement) or any guarantee in relation to Site or service up-time or availability for any Services. The Site and all Services are provided on than ‘as is’ basis.
Uphold the Code
In helping to make the Internet a great place to meet and chat, you must do your part to uphold these Gap Year Communication Rules.
We reserve the right to immediately terminate or suspend your membership or access to any Services for violations of our Gap Year Communication Rules.
We also reserve our right to amend or change the Gap Year Communication Rulesat any time without notice. You agree to periodically review this document to ensure you are doing your part.
If you arrange to meet up with another Internet user (including any Gap Year member), always tell a friend where you are going. Always meet in a public place. Do not be afraid to walk away if you feel uncomfortable.