1) You agree to use our site in accordance with these terms and conditions, only for lawful purposes and in a way which does not infringe the rights of anyone or restrict or inhibit anyone’s use and enjoyment of the site. If you don’t comply with these terms, we may deny you access to our site.
2) If you wish to make a Hampton booking, you should follow the instructions for making a booking that appear on the site. Any booking that you make will be subject to your agreement to further terms and conditions in respect of that booking. We will notify you of the relevant terms and conditions which you will have to accept to complete your booking.
3) You may download and print content from our site only for your private, personal and non-commercial use. We do not guarantee or warrant that any material available for downloading is free from infection, viruses, trojans and/or other contaminating codes.
4) You agree to provide information that is truthful and accurate. You agree to use the enquiry and booking forms on our site to make only genuine enquiries and/or bookings for you or for other persons for whom you are authorised to act.
5) You will not use the site to send by e-card, email, post or otherwise transmit any material that is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene or profane.
6) You agree not to reproduce, distribute, modify or re-post our content on another site, frame or mirror our site or link to our site without our prior written consent.
7) You grant to us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide licence to use (including but not limited to publishing, exploiting and modifying) any material you email, post or submit to us. For the avoidance of doubt, we will be free to use any ideas, concepts, know-how, content, text or images contained in your communications with us for any purpose whatsoever, to the fullest extent permitted by law.
ABOUT ACCESS TO OUR SITE
8) We try to update our site regularly, so we may have to suspend access, service or functionality on our site from time to time, without notice. If required, we may have to close our site indefinitely. We will not be liable if, for any reason, our site is unavailable at any time or for any period of time. Some of the images that appear on our site are generic images: not all images of facilities on a club’s page of the site may be of the club on that page.
9) As information or data transmitted to or from our site passes over public telecommunications networks, we can’t promise that the operation of our site will be secure, confidential, uninterrupted or error-free. You agree not to do anything that does or may interfere with the proper working of the site including but not limited to tampering with, or hacking into, the site or the servers on which it resides.
10) Our site may have some sections accessible only by a user identification code and/or password (“pass codes”). From time to time, we may restrict access to those sections, or to the entire site, to users who have registered with us. If you choose, or you are provided with, a pass code, you must treat such information as confidential and only use it yourself. We may disable or suspend your access or any pass code, whether chosen by you or allocated by us, at any time in our sole discretion. Our issuing of pass codes is not a promise of continued use or access to the site or any data you might store on it.
ABOUT CONTENT ON OUR SITE
11) We own, or are the licensee of, the intellectual property rights in the content of our site, including but not limited to text, photos, graphic designs, images, audio, video recordings and any data entered or stored by you (the intellectual property rights in which you assign to us).
12) Use of our site does not give you any right to use or reproduce any of its content or the trade marks on it.
13) Our site may contain links to third party sites and resources. We have no control over the contents of those sites, resources or third parties and accept no responsibility for them, or for any loss or damage that may arise from your use of them. We do not review, censor, approve, edit or endorse any information placed on third party sites or resources.
14) While we try to make sure all the information and prices on our site are up-to-date, we reserve the right to change prices at any time. We’ll let you know of any changes in price by amending the rates displayed on the site. If there is any discrepancy between the prices set out on our site and those set out in a price list at the gym, the price list at the gym shall take precedence.
ABOUT OUR LIABILITY
15) The material on our site is provided without any guarantees, conditions or warranties, including warranties of merchantability, non-infringement of intellectual property, fitness for purpose, or accuracy or completeness of any information.
16) To the extent permitted by law, we, other members of our group of companies and third parties connected to us exclude:
(a) all conditions, warranties and other terms which otherwise be implied by statute, common law or the law of equity; and
(b) any liability for any direct, indirect or consequential loss or damage incurred by you in connection with our site or in connection with the use, inability to use, or results of the use of our site, any sites linked to it and any materials posted on it, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
17) Except as expressly set out in these terms, all representations, warranties, conditions and other terms implied by statute, common law or otherwise are excluded to the fullest extent permitted by law. However, nothing in these terms is intended to exclude our or your liability for death or personal injury arising from negligence.
18) Commentary and other materials posted on our site do not amount to an offer to contract or advice on which reliance should be placed, and we do not intend that you should interpret it as such. We disclaim all liability and responsibility arising from any reliance placed on such materials by anyone visiting our site, or by anyone who may be informed of any content on our site.
19) From time to time, we may update and change these terms without notice. You’ll always find the latest version of these terms on the thehampton.co.uk site. Your continued use of our site will indicate that you accept and agree to any amendments.
ABOUT OTHER BITS AND PIECES
20) If any of these terms are held to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder of these terms will continue in full force and effect.
22) You agree that any of our related companies may rely on and enforce these terms, but otherwise we and you agree that no other third parties are to be given any rights under the Contracts (Rights of Third Parties) Act 1999.
23) You agree that we may assign or novate these terms to anyone without notice to you.
Last update: February 2011