Terms and Conditions
The following sets out the terms and conditions under which Phil Yarrow Consulting Ltd trading as www.medwelcome.com will allow access and use of this website.
These Terms and Conditions explain your rights and obligations. Please read them carefully.
Definitions
In these Terms and Conditions, “Advertiser(s)” refers to property owners or agents advertising on www.medwelcome.com (our website). "You" and "your" refer to any persons using our website, and can include, but are not limited to, advertisers and holidaymakers. "We", "us" and "our" refer to Phil Yarrow Consulting Ltd trading as www.medwelcome.com.
Website Content
All copyright, data rights, trademarks and design rights on our website and in the published content belong to us, our advertisers or licensors.
Unless specifically authorised on the website, no content or material may be used in any way without our prior written consent.
Limitations on Our Liability
Any contract for property rentals made by using this website is between the advertiser and the holidaymaker and we are no party to it.
We make no representation or warranty on any property advertised on our website.
We accept no liability for any loss, damage or injury incurred because of:-
a. Reliance on any material or content on the website, or any inaccuracy contained therein;
b. Any failure by an advertiser to carry out any property rental contractual obligations;
c. Any incident taking place at a rental property.
We accept no liability for any loss or damage due to:-
a. Misuse of our website or malicious software attack that causes harm to any computer equipment or software as a result of using our website;
b. Use of links from our website to other websites and resources;
c. Any interruptions to or continuity of any of our website services howsoever caused;
If we breach these terms, our liability shall be limited to any direct losses suffered that would have been seen as a reasonably foreseeable consequence by both parties at the time of the use of the site. In any event our liability will exclude any resulting business losses due to any contractual breach or negligent act by us or our agents.
Copyright Infringement
If you believe that any material or content on our website infringes your copyright please contact us at info@medwelcome.com and we will supply you with our procedure for copyright infringement claims.
We reserve the right to terminate the accounts of advertisers proven to have repeatedly infringed copyright or any instance of intellectual property rights infringement.
Advertiser Agreement
The terms in this agreement supplement but do not replace the general Medwelcome Terms and Conditions. By advertising on our website you indicate that you accept this Advertiser Agreement, so please read these Terms carefully beforehand.
We provide advertising services for advertisers and an accommodation search facility for our website users. Our services wholly exclude any part of the booking process or transaction between the advertiser and the holidaymaker. However, we may provide facilities to assist the transaction to take place.
Advertisers agree to:-
a. Permit us to carry out identity verifications using appropriate agencies;
b. Provide us with proof of personal identification, property ownership, authority to advertise and to rent on request;
c. Avoid wrongfully failing to perform any term of a rental agreement;
d. Pursue any disputes or claims arising from a property rental directly with the renter;
e. Provide an accurate description of the property and disclose any material defects;
f. Ensure any content or material supplied is not inappropriate as defined in this Agreement;
Advertising Content
All advertising content and associated material you supply is subject to our prior approval before being made live on our website. We reserve the right to amend or delete any submitted content, links and material beforehand, or if subsequently found to be not in accordance with this agreement.
We will not be held liable to any third party for any content or other material you provide to us or upload to our website.
The following applies to all content or material submitted to our website:-
a. The advertiser will retain intellectual property rights contained therein;
b. The advertiser grants us and our agents in perpetuity a non-exclusive, royalty-free licence worldwide to use, publish in any form and by any means currently available at the time for the sole purpose of marketing;
c. The advertiser grants us the right to assign, sub-licence or transfer any or all of the rights in paragraph b. above to a third party for the sole purpose of marketing;
d. The advertiser agrees to waive any rights arising under the Copyright, Design and Patents Act 1988 or equivalent legislation elsewhere in the world to enable us to market your property on partner sites;
e. The advertiser warrants in respect of the content that:-
i) All necessary licences, rights and written consents are owned or held and evidence will be provided to us on request;
ii) It is their original work and has not been copied from a third party;
iii) It is accurate and true;
iv) It complies with appropriate advertising legislation and codes of practice;
v) They will indemnify us from any claims or liabilities (including legal costs) arising from any failure to comply with any of the requirements contained in this agreement;
vi) Each advertisement relates to one self-contained property, unless agreed beforehand with us;
vii) It meets the minimum requirements outlined on our website.
Your availability calendar must be kept updated to accurately reflect ongoing availability. We reserve the right to withdraw the availability calendar facility or terminate an advert without refund if calendars are persistently inaccurate.
Inappropriate Content Policy
This is defined as containing:-
a. Nudity, threats, violence, pornography, obscenity, hate, discrimination or encouragement to commit a criminal offence;
b. Defamatory material;
c. Any material which infringes the copyright, intellectual property rights or any privacy rights of a third party;
d. Inaccurate or false information;
e. Inappropriate email addresses and links to external websites.
We reserve the right to remove from our website without notice any material or content that contains Inappropriate Content.
Advertisement Termination or Suspension
Advertisements will be terminated, in some cases without notice, if:-
a. It become evident they are misleading or contravene our Inappropriate Content Policy;
b. Advertisers misuse our online systems;
c. They fail to meet our minimum requirements;
d. Advertisers notify us in writing to request their removal before their subscription expires;
e. They breach the terms of this agreement.
In all cases payment will be retained and no refunds given.
Advertisers must be available to respond to enquiries. If they are expected to be uncontactable for periods of over one week, we would request advertisers to contact us to temporarily suspend the advertisement. Where this is not done, we reserve the right to suspend adverts and will notify advertisers inviting them to request reactivation on their return.
Any property advertised on our website must not be substituted for another unless we have given the Advertiser prior permission. Failure to comply may result in suspension of the advertisement.
Rental rates must be the current prices available for the property advertised and should reflect the weekly (7 nights) rate for full occupancy. Additional rates for different periods and lower occupancies can also be shown.
We may periodically request advertisers to ensure their rental rates are current. If it becomes evident that rates are frequently inaccurate to the detriment of Medwelcome’s reputation, we reserve the right to terminate advertising without refund.
Advertisers may only accept payments by debit or credit card, cheque, BACS or PayPal. They may not request payments from holidaymakers via cash in the post. We may immediately terminate advertising without refund if unauthorised payment methods are used.
We will remove email addresses and links to external websites from advertisements. Any Advertiser, who adds or, after removal, re-adds a link or email address without our consent, or removes reciprocal links from their website, may have their advertising cancelled without refund.
Payments
Advertisements will be activated on Medwelcome on receipt of payment and advertising payments can be made annually or half-yearly.
Payments can be made by the following methods:-
• Credit or debit card online via PayPal;
• By cheque made payable to Phil Yarrow Consulting Ltd and sent to:- PYC Ltd, 25 Coombe Road, Nailsea, Bristol, UK BS48 2HH
• BACS or bank transfer.
We reserve the right to change pricing at our discretion but will always provide existing advertisers with a minimum of one month’s notice of any changes before subscription renewal.
When first advertising on Medwelcome, should you wish to cancel, we will refund in full any payment made, provided you notify us within five working days of making payment. Notification must be made to us by email to accounts@medwelcome.co.uk stating your Advertiser ID and Property ID. This does not apply to renewals or subsequent advertising.
VAT
Our services fall within Schedule 5 of the VAT Act 1994 which means the advertiser is required to account for any VAT (or equivalent) due in their own member state/country.
We are legally required to charge VAT on our fees at 20% to advertisers who are either resident in the UK or who are private individuals resident in the EU;
If you are an Advertiser resident outside the EU, VAT will not be charged because our services are outside the scope of UK VAT when provided to you.
If you are an EU resident Advertiser (outside the UK) and if you confirm that you are "in business", we will not charge UK VAT on our fees.
For VAT purposes “in business" means that you rent property on a regular basis to generate income.
EU residents outside the UK who confirm they are "in business" may be required to account for VAT on our fees in their locality. For VAT purposes residency is the country where the individual has set up home and is in employment.
Intellectual Property
All rights relating to copyright, databases, trademarks and design on the Medwelcome website and in any material we publish on it or elsewhere we reserve to ourselves or our licensors or Advertisers.
Material from our website can only be downloaded as part of normal usage, but no content or links may be copied, saved or used in any other way without consent from us in writing beforehand.
Indemnifying Us and Limitations on Our Liability
Advertisers or their agents agree to indemnify us for any liabilities, loss or damage that we may incur as a result of any action taken against us by any party, resulting from any interaction between yourselves and the party taking action. This will include, but is not exclusively limited to:-
• Any factual errors, omissions or misrepresentations made on any advertising on the website;
• Any contractual breaches between yourselves and any relevant party;
• Any loss, damage or personal injury occurring at an advertised property, whether or not caused by any negligent act by you or your agents.
We and any agents acting on our behalf expressly exclude liability to advertisers, their agents or any site users for:-
• Any terms, conditions and warranties implied by any law;
• Any loss or damage, including financial loss, attributable to any acts or omissions by any user of our website;
• Any loss or damage, even if foreseeable, including business, financial or income loss, directly or indirectly arising from inability to use our website, or the use of our website, any contents or materials on it, or linked to it.
This does not affect any liabilities for any negligent acts by us that cannot be excluded by English law.
ENTIRE AGREEMENT
These Terms and Conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these Terms and Conditions. In agreeing to these Terms and Conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
We reserve the right to change any terms and conditions without notice.
Force Majeure
We shall not be liable for any and all losses, (including loss of data) damages, costs, claims and other liabilities which arise as a result of any delay or interruption in, or any non-delivery, or missed delivery or failure of services due to circumstances beyond our or any of our suppliers' reasonable control (including, but not limited to, fire, lightning, explosion, war, disorder, flood, industrial dispute, sabotage, weather conditions or acts of local or central Government or other competent authorities).
Waiver
Any waiver by us of any of these terms and conditions shall be limited to the particular instance and shall not operate or be deemed to operate as a future waiver of that or any other term.
Complaints
All complaints will be dealt with in a fair and confidential manner. Please see our separate Complaints Procedure.
Governing Law
This Agreement shall be governed by English Law. However, we retain the right to bring proceedings against advertisers for breach of these terms in their country of residence or any other relevant country.
All bookings on this website are deemed to have been completed within the United Kingdom and accordingly governed by English Law.