Terms and Conditions

WhichBeach Terms and Conditions

These Terms and Conditions and our Privacy Policy (collectively, the "Agreement") tell you of the terms of use on which you, as a visitor, may make use of the website www.whichbeach.com.mt and/or the other domains, products, services and/or other content provided therein. By using or accessing our site, you indicate that you accept these terms and conditions and that you agree to abide by them. If you do not agree to these terms, kindly refrain from using our site. Please note that these Terms and Conditions may be updated, varied or amended from time to time and we may upload additional or amended clauses or a different set of terms.

Definitions

  • i. By "WhichBeach", "site", "website", "www.whichbeach.com.mt", "Service", "we" and "us" mean the features and services we make available, including through our website at www.whichbeach.com.mt and any other WhichBeach branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions) and our Platform;
  • ii. "Client", "Visitor", "Visitors", "You" and "Your" refers to you, the person accessing this website and accepting the terms and conditions.
  • iii. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves
  • iv. By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from WhichBeach or provide data to us.
  • v. By "information" we mean facts and other information about you, including actions taken by visitors
  • vi. By "content" we mean anything you or other users post on WhichBeach that would not be included in the definition of information. This includes, but is not limited to content, video, audio, photos, images, illustrations, animations, logos, tools, written posts, replies, comments, data, text, software, scripts, executable files, graphics, materials or information, comment, opinion or other statement, any of which may be accessible through our site.
  • vii.By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from WhichBeach or provide to WhichBeach through Platform.
  • viii. By "post" we mean post on WhichBeach or otherwise make available by using WhichBeach.
  • ix. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

ACCESSING OUR SITE

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site. Using our site is at your own risk and we are providing WhichBeach without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infrigement. We do not guarantee that WhichBeach will always be safe. Neither do we warrant or guarantee that any of our recommendations will be safe. Recommendations that are made through our website are purely for information purposes and are to be made use of at your own risk and at your own discretion. The Services change frequently, and their form and functionality may change without prior notice to you. WhichBeach retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. WhichBeach may also impose limits on certain services or aspects of those services or restrict your access to parts or all of the Services without notice or liability. WhichBeach may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or content. We are not responsible for the actions, content, information or data from third parties and you release us and our officers from any claims and damages, known and unknown, arising out of any claim that you may have against any third parties. Unless otherwise stated, the services featured on this website are only available within Malta, or in relation to postings from Malta. All advertising is intended solely for the Maltese market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, content, programs and text available through this site.

RELIANCE ON INFORMATION POSTED

Comment, recommendations and other materials posted to our site are not intended to be used as advice on which reliance should be placed. We disclaim for us and for any of our officers all liability and responsibility arising from any reliance placed on such materials by any visitor of our site or by any person who may be informed of any of its contents. Neither we, nor our officers, shall be liable or responsible for anything that is posted, uploaded, transmitted or received to or from our site, or that ought to have been posted, uploaded, transmitted or received but was not. We are under no obligation to monitor the accuracy or to keep up to date any material that is posted on our site.

TERMS OF USE

Our site may only be used for lawful purposes. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user content (except as may be the result of standard search engine protocols or technologies). We reserve the right to refuse access to the Service to anyone for any reason at any time. We may from time to time provide interactive services on our site, including, without limitations functionality that permits uploading of content, blogging and microblogging, website linking, use of tags, website linking, file sharing and the creation of communities (interactive services). You are responsible for anything and/or any content which you post, upload, transmit or receive to, from or via our site. You are solely responsible for your interaction with other users of the site, whether online or offline. You agree that WhichBeach is not responsible or liable for the conduct of any user. Whichbeach reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post content or any personal or other information. You are not permitted to post, upload, transmit or receive to, from or via our site anything which you do not have a clear right to use or which is harmful to others, which is illegal, or which breaches the rights of third parties. You must ensure that you do not post, upload, transmit or receive to our site any Content containing software viruses or files designed to damage or disrupt the good working order of any computer or telecommunications equipment. You understand and agree that neither we, nor any of our officers necessarily agree with the nature of Content uploaded to the site or share the views expressed within any Comment uploaded to or present on the site. You are not permitted to do anything which may disrupt in any way the operation of our site or its services, nor are you permitted to do anything which would disrupt the use and enjoyment of our site and services to any other visitor. We have very limited resources and cannot necessarily moderate, vet, oversee or monitor all or any interactive service that we make available, or any of the content, information, comment or opinions that are uploaded to our site nor are we under any obligation to do so. Accordingly we do not guarantee the accuracy, integrity or quality of any content on our site or that it will not be objectionable to you or that it will comply with our acceptable use policy. If you become aware of any content that breaches our acceptable use policy please notify us. We are entitled at our discretion but are not obliged to refuse or remove anything which is posted, uploaded, transmitted to, from or via our site which, in our opinion,is objectionable or otherwise does not comply with these terms of use or our acceptable use policy and shall not be liable for doing so. We may record preserve and disclose anything which has been posted, uploaded, transmitted to, from or via our site, where required by law or where we are acting in good faith. We will do our best to assess any possible risks for users from third parties whom we may from time to time allow to advertise on or feature content on our site, and we will decide in each case whether it is appropriate to use moderation of that advertising or content (including what kind of moderation to use) in the light of those risks. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. The use of any of our services by a minor is not allowed. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of and comply with these terms.

CONTENT STANDARDS

All material, content, opinion or other information or statement which you post, upload, transmit or otherwise contribute to or via our site must comply with the applicable law and must not contain any material that:

  • i. is derogatory, libelous, abusive, inflammatory, obscene, offensive, hateful, insulting or defamatory; or
  • ii. contains or promotes sexually explicit material, violence, discrimination, a glorification of self-harm or a falsehood; or
  • iii. is harmful to minors; or
  • iv. infringes any copyright, database right, trade mark or any other intellectual property right of, or belonging or licensed to any other person; or
  • v. reveals trade secrets; or
  • vi. is in breach of any rights of any third parties; or
  • vii. advocates, promotes or assists any unlawful act and/or promotes any illegal activity; or
  • viii. breaches the confidence or privacy of any person; or
  • ix. constitutes a threat, insult, harassment or bullying; or
  • x. Upsets, embarrasses, alarms or causes nuisance to any third party; or
  • xi. Constitutes unauthorsied commercial communications; or
  • xii. Contains viruses or other malicious code.
The above descriptions are not limited and we reserve to take action wherever deemed appropriate. Failure to comply with any of the above standards will result in the immediate temporary or permanent withdrawal of your right to use the site. We reserve the right to remove any material, comment, opinion or other information that would be in breach of the content standards. The removal of such material and suspension of your rights are without prejudice to the issue of legal proceedings against you for the reimbursement of all costs and or damages resulting from the breach or investigation thereof.

CONTENT CONFIDENTIALITY

As between you and us, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place us in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on our part and we will not be liable for any use or disclosure of any Content you provide.

ADVERTISING

You hereby agree that WhichBeach may place such advertising and promotions on the Service or on, about, or in conjunction with your content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.Adverts appearing on any WhichBeach websites may be delivered to users by advertising partners, who may set cookies. These cookies allow the advert server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows advertising networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. We are not responsible for the use of cookies by advertisers.

INTELLECTUAL PROPERTY RIGHTS

WhichBeach respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Services. All materials displayed or performed on the Site, including, but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, animations and templates, other than content posted by users, are our property and are protected by international copyright laws. Users shall abide by all copyright notices, information and restrictions. We reserve the right to all trademarks, service marks, and trade names. You may not use any illustrations, photographs, video or audio sequences or graphics displayed on our site without our permission. You may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the content, software, materials, or services in the site in whole or in part. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without our express written consent. You may not use any part of the materials on our site for commercial purposes without obtaining permission to do so from us. You own all the content and information that you post on our site. You guarantee that you have a clear right to use any of the content that you upload or post to our site and that such content is accurate and lawful. For content that is covered by intellectual property rights, you give us the non-exclusive, fully paid, transferable, sub-licensable, royalty-free, worldwide licence to use, copy, cache, publish, display, distribute, modify, create derivative works and store any content that you post on or in connection with our site. This licence ends once it is deleted from our servers. Such content may persist in backup copies for a reasonable period of time. When you publish content it means that all other visitors and third parties may use that information and associate it with you. You also agree that this license includes the right for us to make all publicly-posted Content available to third parties, so that those third parties can distribute and/or analyze such Content on other media and services.

WARRANTIES

By accessing or using the site you represent and warrant that:

  • i. your activities are lawful in every jurisdiction where you access or use the service.
  • ii. you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use;
  • iii. the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;
  • iv. you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and
  • v. you have the legal right and capacity to enter into these Terms of Conditions in your jurisdiction.
To the fullest extent permitted by law, we exclude all representations and/or warranties and/or guarantees, express or implied, relating to:

  • i. this website; and
  • ii. to merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment and freedom from computer viruses;
  • iii. all the material, information, recommendations and/or content on our site or which is or may be provided by any users and/or affiliates and/or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company's literature
  • iv. security in relation to the transmission of information to WhichBeachWe do not warrant that the service from this site will be uninterrupted, timely or error free, that defects will be corrected or that the service will be free from any harmful components.
We do not represent, warrant or guarantee that the service is accurate, complete, reliable and/or useful. The use of this website is at your sole risk. We do not warrant that your use of this site is lawful in any way. We do not endorse any content posted by users and expressly disclaim any responsibility or liability of any kind or character arising thereform.

LIABILITY DISCLAIMER

To the fullest extent permitted by law, we expressly exclude, for us and for any of our officers, any liability for any direct, indirect or consequential loss or damage of any kind whatsoever incurred by any person or organization in connection with our site or in connection with the use, content, inability to use, or results of the use of our site, any websites linked thereto and any materials posted thereon. This includes, but is not limited to loss of income or revenue, loss of business, loss of profits or contracts, personal injury, loss of limb, loss of life, loss of data, loss of goodwill, damage caused to your computer, computer software, systems, programs and data thereon, damage caused to your mobile device and data thereon, damages for unauthorized use, damages from the non-performance of the site, damages arising from errors or omissions, damages arising from actions taken in connection with an investigation, damages arising from any action taken in connection with copyright or intellectual property owners, damages arising from any security breach and damages arising from downloading or posting content. Such exclusion of liability is applicable even where the harm caused is foreseeable, or if the parties had been advised and should have known of the possibility of such damages and regardless of whether caused by tort (including but not limited to negligence), strict liability, breach of contract or otherwise. We will not be liable for any loss or damage caused by a distributed denial-ofservice attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it. We shall not be responsible or liable in any way for the failure to store, preserve or access user content or other materials you transmit or archive on the Site. You are strongly urged to take measures to preserve copies of any data, material, content or information you post or upload on the Site. You are solely responsible for creating back-ups of your content. This does not effect our liability that cannot be excluded or limited under applicable law. In no event shall our, or our officers', total liability to you for all damages, losses or causes or actions exceed one hundred euro (€100).The Site also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. We do not control any of these third-party web services or any of their content. You expressly acknowledge and agree that WhichBeach is in no way responsible or liable for any such third-party services or features. Your correspondence and dealings with third parties that are found through, and/or are a direct or indirect result of a third party's service, specifically through, but not limitedly to, a third party's API, are solely between you and the third party. You may choose, at your sole and absolute discretion and risk, to use applications that connect the site or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Whichbeach has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold WhichBeach harmless for activity related to the Application. We are not responsible for the actions, content, information or data of third parties and you release us and our officers from any claims and damages, known and unknown arising out of or in any way connected with any claim that you have against such third parties. We have no special relationship with or fiduciary duties towards the visitor. You acknowledge that we have no control over, and no duty to take any action with regards to which users have access to the site, which content the user accesses via the site, the effects the content may have on the user, how the user can interpret or use the content and what actions the user may take as a result of having been exposed to the content. Much of the content on the site is the responsibility of the user and we do not monitor the site and take no responsibility for any user content.

UPLOADING MATERIAL TO OUR SITE

Whenever you make use of any feature that allows you to post, upload, transmit or receive material to our site, or to make contact with other users of our site, you must strictly comply with the content standards set out in these terms of use and our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty. You are under an ongoing duty to immediately notify us if you become aware or suspect that any content that you have ever uploaded, posted, transmitted or received to, from or via our site is or may become the subject of any claim or action and you must make no admissions or settlements in relation to such claim or action without our prior written consent. If we become the subject of any actual or threatened claim or action in relation to any material that you have uploaded, posted transmitted or received to our site you must provide us with all information and assistance that we may require from you and, at our discretion, allow us complete control over any negotiations, litigation and the settlement of any such claim or action. Any content that you upload, post, transmit or receive to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose and at any time. We also have the right to disclose your identity to any third party who is claiming that any material uploaded, posted, transmitted or received by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.Neither we nor any of our officers or members will be responsible, or liable to you or to any third party, for the content or accuracy of any materials posted on or accessible via our site. We have the right to remove any material on our site (whether uploaded, posted or transmitted by you or any third party) if, in our opinion, such material does not comply with the content standards set out in these terms of use.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

PRIVACY POLICY

We are committed to protecting and respecting your privacy. We may collect and process data with regards to activities you undertake whilst using our site, content, contributions and comments that you post or upload to our site, details of your visit to the site (including but not limited to traffic data, location data, weblogs, communication data). We may also ask you to complete surveys that we use for research purposes. We use third-party analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your device or our Service, including the web pages you visit, add-ons, and other information that assists us in improving the Service. We collect and use this analytics information with analytics information from other Users so that it cannot reasonably be used to identify any particular individual User.Log file information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or app. It can also be provided when the content of the webpage or app is downloaded to your browser or device. When you use our Service, our servers automatically record certain log file information, including your web request, Internet Protocol ("IP") address, location information, browser type, operating system, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. The information allows for more accurate reporting and improvement of the Service. This is statistical data about our visitors' browsing actions and patterns, and does not identify any individual.By accessing this site, you agree to this transfer, storing or processing of this data. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy. We cannot guarantee the security of your data transmitted to our site, any transmission is at your own risk. Our website does not use cookies.

USES MADE OF THE INFORMATION

We use information held about you to ensure that the site is presented in the most effective manner for you and your computer, to provide you with services that you request from us, to provide you with information about goods and services which may be of interest to you, to provide personalized content and information to you and others, which could include online ads or other forms of marketing, to provide, improve, test, and monitor the effectiveness of our Service, monitor metrics such as total number of visitors, traffic, and demographic patterns, to better understand how visitors use our site, upon to the transfer of the website for any reason whatsoever to a new owner(s)/administrator(s) of the website in order to allow the continuation of the service, to develop and test new products and features, to create aggregated statistics, when required to do so by law, or where disclosure is needed in the protection of property or rights of WhichBeach, third parties or the public in general, when you send us a request, we reserve the right to publish it in order to help us clarify or respond to your request, diagnose or fix technology problems to carry out our obligations arising from contracts entered into with third parties and to participate in the interactive features of our site. We do not disclose information about identifiable individuals to our advertisers or any third parties, but we may provide them with aggregate information about our visitors. We may also use such aggregate information to help advertisers reach the kind of audience they want to target. We store data for as long as it is necessary to provide products and services to you and others, including those described above. Otherwise, we will not rent or sell potentially personally-identifying and personallyidentifying information to anyone. We will takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

MOBILE AND OTHER DEVICES

We provide our mobile services free of charge but your carrier's normal rates and fees are still applicable.

ADVERTISEMENTS AND OTHER COMMERCIAL CONTENT

Our goal is to deliver advertisements and commercial content that are valuable to our users and advertisers. We do not give your content or information to advertisers without your consent. You understand that we may not always identify paid services and communications as such.

CHILDREN'S PRIVACY

We do not knowingly collect or solicit any information from any minor. The Service and its content are not directed at any minor. In the event that we learn that we have collected personal information from a minor without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a minor, please contact us at info@whichbeach.com.mt

LINKING TO OUR SITE

With our agreement you may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it. Where we have allowed you permission to link to our site we may revoke that permission at any time and for any reason and which you must immediately remove such link.Our site must not be framed or mirrored on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these terms of use and our acceptable use policy.

LINKS FROM OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We do not monitor or review the content of third party websites which are linked to or from this website. It is your responsibility to review the Terms of Use for such third party websites as we are not responsible for the privacy, practices, content and/or cookie use of third party websites. We do not accept any responsibility whatsoever for any loss or damage in whichever way caused resulting from third party sources.

CHANGE OF CONTROL

If the ownership of our business changes, we may transfer your non-personally identifiable information to the new owner so they can continue to operate the service. You will continue to own your content.

INDEMNITY

By accessing our site you thereby agree to indemnify us and any of our officers against all costs, claims, damages, losses and expenses arising out of or as a result of any claim or action or any threatened claim or action that any content that has emanated from you infringes any intellectual property or other rights belonging to any third party or any obligation or duty that you may owe to any third party (including without limitation, contractual obligations or duties of confidence).

JURISDICTION AND APPLICABLE LAW

This Agreement (including the Privacy Policy), as modified from time to time, constitutes the entire agreement between You and the Site with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. All of our rights and obligations are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in these Terms and Conditions shall prevent us from complying with the law. These Terms and Conditions to not confer any third party beneficiary rights and we reserve all rights not expressly granted to you. No agency, partnership, joint venture, or employment is created as a result of this Agreement and the visitor does not have any authority of any kind to bind us in any respect whatsoever.This Agreement shall be governed by and construed in accordance with the laws of Malta. The Maltese courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms and conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Malta.Your accessing of this website indicates your understanding, agreement to and acceptance, of the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

YOUR CONCERNS

If you have any concerns about material which appears on our site, please send an email to info@whichbeach.com.mt