Please read the following important terms and conditions before using this website, becoming a member/subscriber or making a purchase as you confirm that you accept these Terms forming a binding contract between you and us. Please check that they contain everything you want and nothing that you are not willing to agree to. If you are uncertain about any of the terms, please contact us to discuss them. Our contact details can be found at the bottom of this document under section 30.
1.1. These Terms and Conditions of Service and Use (“Terms”) tell you the rules for using our website at https://road.travel (“Website”), including the permitted and prohibited uses.
1.2. If you decide to sign up to become a member by joining the creators’ community (“Creator”) to provide services, i.e., create road trip routes, staycations, travel guides, road trip contents and other itineraries (“Adaptive Travel Guide”) and places to visit (“Points of Interest”) and upload them to our Website (“Services”) these Terms forms a binding contract between you and us and will also apply to your interactions with us.
2.1. This Website is operated by Timescenery Ltd, a company registered in England and Wales under company number 10783487, with registered address 7 Henrietta Street, London, WC2E 8PS, United Kingdom (referred to as “Travel”, “we”, “us” or “our” in these Terms).
2.2. When we refer to “you” or “your”, we mean the individual or company accessing or using the Website or its content.
3.2. The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely.
3.3. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
YOU AGREE TO FULLY INDEMNIFY, DEFEND AND HOLD US, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND SUPPLIERS, HARMLESS IMMEDIATELY ON DEMAND, FROM AND AGAINST ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING REASONABLE LEGAL FEES, ARISING OUT OF ANY BREACH OF THE TERMS BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF BEING A CREATOR, YOUR USE OF OUR WEBSITE, YOUR MEMBERSHIP, OR THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE OR YOUR MEMBERSHIP USING YOUR INTERNET CONNECTION.
5.1. We may amend these Terms from time to time. Every time you wish to use our Website, it is your responsibility to check these Terms to ensure you understand the terms and conditions that apply at that time.
5.2. Where we updated our Terms, they will be displayed on the Website and by continuing to use and access the Website following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms regularly to verify such variations.
6.1. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Website and providing the Services.
6.2. We try to make the Website as accessible as possible. If you have any difficulties using the Website, please contact us using the contact details at the bottom of this page.
7.1. We may transfer our rights and obligations under these Terms to another organisation. We will inform you if this happens and we will ensure that the transfer will not affect your rights under the contract.
7.2. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons.
8.1. Personal Data means any information relating to a living individual who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data or an online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the individual.
8.4. Without prejudice to the generality of Clause 8.3, you will:
8.4.1. co-operate fully with us in order to enable us to comply with its obligations under applicable data protection legislation;
8.4.2. implement and maintain appropriate technical and organisational measures against unauthorised and unlawful processing of Personal Data and against accidental loss and destruction of or damage to Personal Data;
8.4.3. process any Personal Data disclosed to you by or on behalf of us only for the purposes of providing the Services and only for the purposes for which that Personal Data was obtained and is processed by us;
8.4.4. not transfer any Personal Data outside the UK or to any international organisation;
8.4.5. immediately provide such evidence of your compliance with your obligations under this Clause 8 as we may from time to time reasonably request;
8.4.6. immediately upon notification by us, take all appropriate action to enable the us to properly comply with any request from a data subject in relation to access to and/or rectification or erasure of Personal Data; and
8.4.7. immediately notify us of any data breach relating to Personal Data about which you become aware.
9.1. You become a Creator when you sign up to become a member by joining the creators’ community to create Adaptive Travel Guides and Points of Interest and create a membership profile on our Website.
9.2. Signing up to become a Creator is always voluntary. If you do not agree to these Terms, please do not choose to become a Creator.
9.4. You are only entitled to register one account with us. You may not transfer the rights to your membership account or provide access to it to third parties. All actions performed using the user’s account are considered to be performed directly by that Creator. That Creator is fully responsible for these actions.
9.5. We reserve the right to suspend, restrict or stop your access to the Website and cancel your existing membership immediately without notice for any reason and without any liability (other than already accrued fees at the date of termination)
9.6. We may, from time to time, decide to change, update or discontinue certain products and features of our Website. You agree and understand that we have no obligation to store or maintain your content or other information you provide, except to the extent required by applicable law.
9.7 You represent and warrant that you are at least eighteen (18) years old, or any higher minimum age in the jurisdiction where you reside.
10.1. You warrant and accept that the personal and other information you provide while signing up as a member or Creator and while utilising the Website is accurate and complies with these Terms and all applicable laws and regulations. In the event that you create a membership by using information belonging to others or information that is false, we may at our discretion suspend, restrict or stop your access to the Website and cancel your existing membership immediately without notice.
10.2. You agree to comply with these Terms. If the user or Creator is a legal entity, the individual acting on its behalf is recognised as duly authorized by such legal entity.
10.3. We are not obliged to permit anyone to register with the Website and we may refuse, terminate or suspend registration to anyone at any time.
10.4. You represent and warrant that you will provide Services with all due skill, care and diligence, in accordance with all applicable laws, and you will at all times during the engagement use your best endeavours to promote the interests of us.
10.5. You must comply with the Bribery Act 2010.
10.6. You must not engage in any activity, practice or conduct which would constitute a UK tax evasion offence, a foreign tax evasion offence or a corporate failure to prevent offence under the Criminal Finances Act 2017.
10.7 You warrant that you will not as a consequence of entering into and performing Services set out in this Terms be in breach of any express or implied terms of any contract, agreement or other arrangement with, or any obligation to, any third party which is binding upon you, and there is no contract, agreement, or other arrangement or interest that will or may give rise to any conflict of interest between you and us in relation to the provision of the Services. You will provide Services on a non-exclusive basis. Subject to this clause, you may have any interest in or advise or act as a consultant to any business provided that you will not, at any time during your engagement, without the prior written consent of us, be involved in any capacity with any business which carries on, or may carry on, business in direct, or indirect, competition with us.
11.1. You agree that nothing in these Terms will be deemed to create any partnership, joint venture, employment or agency relationship between us. You have no authority to commit us to any legally binding agreement, nor to incur expenditure, sign any document, bring any proceedings nor make any promise on behalf of us unless we have specifically authorised you to do so, in writing, in advance. You must not hold yourself out as having authority to do any of these things unless such authorisation has been provided.
11.2. You will be an independent contractor and as such will not be entitled to any pension, bonus, holiday, sickness or other fringe benefits from us. You are not an agent, officer or employee, worker or partner of us and you will not hold yourself out as such. We do not provide any working space or equipment and you are solely responsible for using suitable premises and equipment while performing the Services.
11.3. You acknowledge that we will not be operating Pay As You Earn or making or deducting any national insurance contributions in respect of the provision of the Services and the fees and expenses payable under the terms set out in this document. You will be responsible for, and will account to the appropriate authorities for, all income tax liabilities and national insurance or similar contributions payable in respect of the payments made to you.
11.4. You agree to indemnify us against any liability, assessment or claim together with all reasonable costs and expenses and any penalty, fine or interest paid by us in connection with or in consequence of any such liability, assessment or claim for:
11.4.1. taxation arising from or in connection with the provision of the Services, where such recovery is not prohibited by law; and
11.4.2. any employment-related claim or claim based on worker status brought by you against us arising out of or in connection with the provision of the Services, except where such claim is as a result of any act or omission of us.
11.5. We may satisfy the indemnity under this section by way of deduction from any payment(s) due to you, whether in part or in full.
You are responsible for making sure that your password and any other account details are kept secure and confidential. If we have reason to believe there is likely to be a breach of security or misuse of the Website through your account or use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.
13.1. When you create an Adaptive Travel Guide or a Point of Interest, other users of our Website may be able to see the Adaptive Travel Guide and Point of Interest that you created, and also your name, last name, your location, your photo, and other information you may have chosen to connect with your profile. Please bear in mind that this could reveal your identity in public. We therefore recommend that you exercise care in deciding which information to make available and be aware that depending on the level of information provided, you may or may not be anonymous.
13.2. By managing the personal settings of your account with us, you can choose to share certain personal information. This is entirely at your discretion and your preferences can be amended by you at any time.
13.3. We shall endeavour to verify all Adaptive Travel Guides and Points of Interests created before they are displayed on our Website, or a platform or a third party via us. The content of all Adaptive Travel Guides and Points of Interest must comply with our Acceptable Usage terms detailed in this Terms. We have the right to refuse to display an Adaptive Travel Guide or a Points of Interest on our Website, at our sole discretion, or request that changes are made.
13.4. Creator acknowledges and consents that to promote our Website and increase views of Adaptive Travel Guides and Points of Interest by potential travellers and users, Adaptive Travel Guides and Points of Interest may be displayed on other third party websites, applications, emails, and online and offline advertisements.
13.5. To assist users and travellers or potential travellers who speak different languages, Adaptive Travel Guides and Points of Interest and other user content may be fully or partially translated into other languages. We cannot fully guarantee the accuracy or quality of such translations. Please note that we may display translations created by machine translation services.
13.6. When creating an Adaptive Travel Guide or a Point of Interest, the Creator is under an obligation to inform users within the Adaptive Travel Guides and Points of Interest of all risks associated with them as well as all requirements for Travellers, such as minimum age, related skills, level of training or other requirements.
13.7. You are responsible for understanding and complying with all applicable laws, regulations and requirements and obtaining all necessary consents, licenses, permits or registration documents in relation to your activities on our Website as Creator.
14.1. As the Creator is deriving a commercial benefit from the services provided by us on our Website, the Creator is a BUSINESS for the purposes of these Terms (i.e. not a consumer).
14.2. Your membership will remain in effect unless and until it is terminated or cancelled by you or us.
14.3. Membership is strictly voluntary. Both you and we may discontinue your participation at any time for any reason, or indeed no reason. You can request the deletion of your account by contacting us at firstname.lastname@example.org.
14.4. We reserve the right to suspend and/or terminate your membership with immediate effect, including your right to access the Website and the services it offers, at any time and without giving any reason. In such a case, we have no obligation to make any payments to you (other than accrued fees at the date of termination)
14.5. In the event that your membership is terminated for any reason, you must immediately stop using our Website.
14.6. Any delay by us in exercising any of our rights to terminate will not constitute a waiver of those rights.
15.1. In consideration of the Creator providing Services hereunder, Road.Travel will pay the fees that are displayed on the membership page of our Website when you are creating your membership account or the fees to be agreed between Road.Travel and the Creator in writing (together “Fees”) to the Creator within 14 (fourteen) days of receipt by us of your monthly invoice, which will be issued by the Creator within the first 4 (four) working days of each month.
15.2. The end-user sale price of the Adaptive Travel Guides shall be decided by either the Creator or Road.Travel, at Road.Travel’s sole discretion.
15.3. If the price is determined by the Creator, he/she guarantees that the price of any of the Adaptive Travel Guides created by him/her on the Website shall be no more than on any other resource on the Internet, including but not limited to his own website or social media accounts. If the travellers or users find this Creator’s Adaptive Travel Guide at a lower cost within 24 hours after a particular Adaptive Travel Guide has been purchased and provides a valid link to Road.Travel to the information about it, Road.Travel shall refund travellers/users the difference between the price of the Adaptive Travel Guide on the Website and that found by travellers/users. In this case, the Creator shall immediately lower the price of the Adaptive Travel Guide on the Website to match the lower cost found elsewhere and immediately and fully compensate Road.Travel for this difference.
16.1. In consideration of the us paying you the Fees, you hereby transfer to us by way of present and future assignment with full title guarantee all intellectual property rights (including any and all copyright, rights in inventions, patents, knowhow, trade secrets, trademarks and trade names, service marks, design rights, rights in get-up, database rights and rights in data, utility models, domain names and similar rights, as well as the validity of any and all applications or registrations thereof), whether registered or not, including applications to protect or register such rights and all renewals and extensions of such rights or applications, whether vested, contingent or future and wherever existing, in the work and/or any inventions created or developed by you in providing the Services (either alone or jointly with others).
16.2. For work in respect of which intellectual property rights are assigned to us hereunder, you hereby irrevocably waive all your, and will procure the waiver by all third parties of all their, moral rights in such Work, under the Copyright, Designs and Patents Act 1988 (and all analogous legislation worldwide) to the extent permitted by law.
16.3. You warrant that the transfer of ownership and use of the intellectual property shall not infringe any rights of third parties. You shall indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us or our agents, subcontractors or consultants arising out of or in connection with any claim brought against us, our agents, subcontractors or consultants for actual or alleged infringement of a third party’s rights, arising out of, or in connection with, the receipt, use or supply of the intellectual property.
17.1. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.
17.2. WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:
17.3. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH THESE TERMS, FOR:
17.4. SUBJECT TO THE ABOVE, OUR TOTAL LIABILITY IN RESPECT OF ALL LOSSES ARISING UNDER OR IN CONNECTION WITH THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, SHALL IN NO CIRCUMSTANCES EXCEED £ 5,000 (Five Thousand Pounds)
17.5. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, WE DO NOT GIVE ANY REPRESENTATION, WARRANTIES OR UNDERTAKINGS IN RELATION TO THE GOODS/SERVICES PROVIDED ON OUR WEBSITE. ANY REPRESENTATION, CONDITION OR WARRANTY WHICH MIGHT BE IMPLIED OR INCORPORATED INTO THESE TERMS BY STATUTE, COMMON LAW OR OTHERWISE IS EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, WE WILL NOT BE RESPONSIBLE FOR ENSURING THAT ANY ADAPTIVE TRAVEL GUIDE OR POINT OF INTEREST IS SUITABLE FOR YOUR PURPOSES.
NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS, YOU AGREE TO FULLY INDEMNIFY, DEFEND AND HOLD US, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND SUPPLIERS, HARMLESS IMMEDIATELY ON DEMAND, FROM AND AGAINST ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING REASONABLE LEGAL FEES, ARISING OUT OF ANY BREACH BY YOU OF THE TERMS OR ANY OTHER LIABILITIES RESULTING FROM THE USE BY OTHERS OF YOUR ADAPTIVE TRAVEL GUIDES AND/OR POINTS OF INTEREST.
20.1. Users and Creators are prohibited from advertising, distributing, and offering for sale on the Website all goods and services listed in the Appendix to these Terms.
20.2. This Website may include information and materials uploaded by other users of the Website, for example to bulletin boards, chat rooms or other communication services available on the Website. This information and these materials may not have been verified or approved by us in their entirety.
20.3. We are not obliged to monitor or moderate any text, images, video, audio or other multimedia content, information or material submitted to these sections of our Website. The views expressed by other users on our Website do not represent our views or values. We may remove or edit any submission to any of our interactive services whether they are moderated or not.
20.4. If you wish to complain about content uploaded by other users, please contact us as per the details at the bottom of these Terms.
21.1. Unless specified elsewhere herein, we (or in some cases, our affiliated companies) are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by applicable laws and treaties around the world. All such rights are reserved. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
21.2. You may print off one copy, and may download extracts, of any page(s) from our Website solely for your personal use and you may draw the attention of others to content posted on our Website.
21.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
21.4. You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
22.1. Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our Website, you must comply with the content standards set out in the Acceptable Usage of our Website section below.
22.2. You warrant that any such contribution to the Website complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
22.4. We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with the content standards set out in these Terms.
23.1. You may use our Website only for lawful purposes.
23.2. You shall not use our Website:
23.3. You also agree not to access without authority, interfere with, damage or disrupt:
23.4. You must further comply with the following content standards in relation to any and all material which you contribute to our Website and to any interactive services associated with it (“Contribution”).
A Contribution must:
A Contribution must not:
23.5. Notwithstanding anything else contained in the Terms, a breach of this section of the Terms, or otherwise, may result in our taking all or any of the following actions:
24.1. We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
24.2. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website.
25.1. If your payment of any fees payable to Road.Travel under these Terms is not received by us in accordance with the above, we may charge interest on any balance outstanding at the rate of 8% per year above the Bank of England’s base rate.
25.2. If your membership is terminated or expires for any reason, it will not affect our right to receive any money which you owe to us under these Terms.
25.3. Payment of the fees due hereunder may be made via third-party websites and resources. The operation of this is subject to the third party’s terms and conditions, including privacy terms, and users of this Website should read them separately where applicable.
25.4. Road.Travel have the right to request any information to identify or verify your identity, as well as to prevent fraud. In certain jurisdictions, we may be legally required to collect personal information to comply with anti-money laundering regulations. Road.Travel reserves the right to terminate, suspend or limit access to the goods/services available through our Website if your information cannot be obtained or verified.
25.5. You are obliged to provide accurate, valid and complete information and responsible for maintaining the validity of your payment method.
25.6. Payment may require the use of third-party payment processors. Such payment operators may charge the additional fees for processing payments. Road.Travel shall not be liable for such fees and disclaims any liability in this regard.
25.7. You hereby authorise Road.Travel to store information about your payment method and to debit the specified payment method in accordance with these Terms.
25.8. You are fully responsible for the accuracy and completeness of the information relating to your payment method and Road.Travel is not responsible for any losses incurred as a result of you providing incorrect information.
25.9. We have the right to offset any money properly due by you to us against any amounts payable by us to you under this Terms.
We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control, including but not limited to, strikes, lock-outs, or other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident, or epidemics or pandemics.
27.1. Except in the proper performance of your obligations under the terms set out in this Terms, you will not during the engagement or at any time after it ends, use for your own benefit or for the benefit of any other person, firm, company, or organisation, or directly or indirectly disclose to any person any Confidential Information which has come to your knowledge during or in connection with the engagement. Confidential information means all information or data (in whatever form), of a confidential or proprietary nature disclosed to or received by you (by any means), or to which you have access, whether or not labelled or designated as confidential, relating to the products, services, business or proposed business, finances, transactions, staff and affairs of us or any customer, supplier, employee or client of any such company, including but not limited to intellectual property rights, trade secrets, information in respect of which we are bound by an obligation of confidentiality to a third party and any other information which is designated as confidential by us or which you should reasonably be aware is confidential.
27.2. The restrictions in this clause do not apply to a) any Confidential Information which is already in or (otherwise than through your unauthorised disclosure) becomes available to, or within the knowledge of, the public generally; b) any use or disclosure authorised by us or required or protected by law.
27.3. Notwithstanding anything contained elsewhere in this Terms, the provisions of this clause 27 shall remain in effect if, and when, this Terms or our engagement is terminated or expires and for a period of ten years thereafter.
28.1. If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms. Each clause or any part at all of these Terms is to be regarded as independent of the others.
28.2. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision of these Terms.
28.3. We may transfer our rights and obligations under these Terms to another organisation. We will notify you if this happens and we will ensure that the transfer will not affect your rights under the contract.
28.4. You may only transfer your rights or your obligations under these Terms to another if we first agree in writing. In such a case, you will be liable for the Services of your subcontractors under the present Terms in exactly the same manner as for your own Services.
28.5. The rights and remedies provided in the Terms for Road.Travel are cumulative and not exclusive of any rights and remedies provided by law.
28.6. These Terms and our Privacy and Cookies Policy, constitute the entire and only legally binding agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter. You acknowledge that in accepting these Terms, you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or our Privacy and Cookies Policy.
28.7. Creator recognises that any breach or threatened breach of the Terms may cause us irreparable harm for which damages may not be an adequate remedy. Accordingly, in addition to any other remedies and damages available to the us, Creator acknowledges and agrees that we are entitled to the remedies of specific performance, injunction and other equitable relief without proof of special damages.
These Terms, their subject matter and their formation, are governed by and construed in accordance with the laws of England. You agree that the courts of London, England will have exclusive jurisdiction.
You can contact us by post, email or telephone if you have any questions about these Terms or just want to get in touch.
Our contact details are shown below:
|Address:||Timescenery Ltd, C/O Redfern Legal LLP, 7 Henrietta Street, Covent Garden, London, WC2E 8PS, United Kingdom|
|Telephone number:||+44 (0) 800 041 8483|
List of goods and services prohibited for advertising, distribution, sale on the Website: