Terms Of Use

Monaccu.com website (the “Website”) is managed and operated by Virgin Red Limited (“we” or “us”). In these Terms of Use we will refer to you as “you” and “your”. These Terms of Use form a legally binding agreement between you and us. We would ask that you take the time to read these Terms of Use carefully. They explain a number of things including, for example, the rules covering your use of the Website, as well as other information regarding your rights. There is a separate set of terms and conditions that apply to the virgin Red Programme (including the website pages for that programme available at Virgin.com/virgin-red), which will apply both to your use of those website pages and your use of the Website if you are logged unto your Virgin Red account. Their Terms and Conditions can be found here.

By using the Website, you’ll be confirming that you have read and understood and agree to these Terms of Use. These Terms of Use may change from time to time and, if they do, the up-to-date version will always be available on the Website. We will indicate at the top of these Terms of Use when they were last updated.

Please ensure that you check these Terms of Use regularly to view any changes which may have been made, because by continuing to use the Website after these Terms of Use have changed, you will be confirming that you have read and understood, and agreed to be bound by, any revised Terms of Use.

Your Information and Privacy

For a more detailed explanation of how we will collect, use and store information relating to you, and our commitment to protecting your privacy.

Third Party Content

The Website will contain some content which does not come from us, whether such content is posted by users or otherwise comes from anyone other than us (together, “Third Party Content”). Because of the open nature of the Website, this Third Party Content is not approved by us. We have to state that any views expressed in such Third Party Content may not represent our views and that we shall not be responsible or liable for any Third Party Content or for the consequences of the use of it.

We will include on the Website Third Party Content that is personal opinion and political or controversial in its nature. These views do not necessarily reflect our views and we cannot accept any responsibility for those views.

We may keep an eye on Third Party Content from time to time but please note that we have no obligation to police it. If we have any concerns, we may remove Third Party Content from the Website with or without notice.

If you have any concerns about content appearing on the Website, please contact us using the details set out under the heading “Finally – if in doubt, talk to us” below.

If you use the ‘Report a Scam’ section of the Website any information you provide will be sent to Monaccu Enterprises Limited, who may use that information to contact you directly about your enquiry. Similarly, Monaccu Management Limited is separately a data controller of the personal data sent through to the Monaccu Management Limited.

Minors

Protecting the online privacy of children is especially important to us. By accessing the Website or providing us with any of your personal information, you’ll be representing and warranting that you are 18 or older and that you agree to these Terms of Use. If you are under 18 years old, please do not attempt to use the Website and do not provide us with your name, contact details or any other information about yourself. If we reasonably believe a user to be under 18, we may need to remove their details provided by them from our Website and our records.

Website Guest Blogs and Third Party Content

Guest blogs and Third Party Content posted on our Website don’t necessarily represent the views of Monaccu Red Limited, Virgin Enterprises Limited or any other Virgin company. Any positive or other review of any venue, restaurant, hotel, museum, product, place, service or any other thing does not constitute a recommendation, endorsement or guarantee by us and we make no representation as to quality. All ratings are intended as a guideline only and we do not guarantee their accuracy.

We make no endorsements, recommendations, guarantees or representations in relation to any restaurants, hotels, museums, products, places, services or any other things that are the subject of reviews or other articles published on the Website. The reviews don’t necessarily represent our views. Please read these terms and of use for further details.

Prices, menus, hotel amenities and other indicators in any review published by us are accurate as at the date of going to press, but are subject to change. We make no guarantee that any such information, or information in reviews posted by other users, will be accurate or up to date at the time you read it. Always review travel advice from the Foreign and Commonwealth Office before you decide to visit an international destination.

Virgin will not be responsible or liable for any injury, loss or damage incurred or suffered as a result of any review. This paragraph only applies to the extent that it can in accordance with applicable laws.

Indemnity

Our lawyers have said that we need to include this paragraph which basically requires you to protect us and other Monaccu companies against people suing us or them for something bad happening in connection with your use of the Website or your behaviour:

In using the Website you agree to indemnify and hold harmless Virgin Red Limited, Virgin Enterprises Limited and all other Monaccu companies, their subsidiaries and holding companies, the subsidiaries of their holding companies and each of their respective officers, directors, shareholders, employees, representatives and agents (and you shall continue to indemnify them and hold them harmless) in respect of all losses, liabilities, costs, claims, damages and demands suffered in connection with your conduct in using the Website, your behaviour towards us, other Monaccu companies, our and their representatives, other users, any breach of law, any breach of these Terms of Use or any breach of any third party’s rights.

Proprietary Rights

All text, graphics, audio, video or image files, content, software, applications and information displayed on or available from the Website, and all copyright, trade mark rights, design rights and other intellectual property rights in them (together, the “Proprietary Content”) are the property of Monaccu Limited, Monaccu Enterprises Limited, other Monaccu companies, our users, suppliers or licensors. This includes, without limitation, the organisation and lay-out of the Website and the underlying software that is owned by us, other Monaccu companies, our users, suppliers or licensors.

By using the Website you’re agreeing that Proprietary Content is available for personal use only and that you will not copy, reproduce, publish, distribute or dispose of in any way any Proprietary Content. Neither the Monaccu name nor any other Monaccu company name, trade mark, logo or design may be used or copied in any manner.

Links to Other Sites

The Website provides, amongst other things, convenient links to other Virgin companies’ websites. You can also contact the Monaccu companies through the “Companies” section of the Website. The Website also contains links to other third party websites, resources, advertisements or sponsorships.

If you choose to access any of these links, you will be leaving the Website and since we don’t have any control over these sites, we are not responsible for the content, advertising, products or services available from them, or for any dealings or disputes that you may have in relation to those sites. We will not be liable for any loss or damage which may be suffered as a result of the use of such links and third party sites. We would encourage you to review the Terms of Use and Privacy Policy on any new site you may choose to access because our Terms of Use and Privacy Policy will no longer be applicable.

We reserve the right to remove a link at any time.

Pop Ups

When using the Website, you may get pop-ups occasionally. We use these for many reasons, like competition entry forms, signing up to our newsletters and questionnaires to help us improve our service to you. Pop-up boxes from the Website are clearly marked with a heading from “Monacu.com”.

You might also get pop-up boxes from other Virgin companies. Again you should be able to identify these, as they should be marked with a heading from the relevant Virgin company.

You might also get pop-up ads from third parties. These may appear due to software you have installed, deliberately or unknowingly, on your computer. Unfortunately, we cannot control these pop-up boxes because they haven’t come from us.

We do not endorse any website or product which appears in any pop-ups which do not come from us.

Accessibility

If you have trouble using the Website with certain web browsers or other software or if you want to let us know how we can improve accessibility, please let us know by contacting us using the details set out under the heading “Finally – if in doubt, talk to us” below. We appreciate your feedback and your suggestions will help us to improve our service to you.

Website information and downtime

The Website may be unavailable occasionally for maintenance, updating or otherwise. Where this happens we apologise for any inconvenience caused. However, we shall not be liable for any loss, damages or inconvenience resulting from such unavailability.

We take great care in seeking to present accurate, transparent and useful information to you as a user. However, as an open platform there is content on the Website which is not generated by us, for example Third Party Content, as described above. Therefore, we should let you know that information on the Website might be out of date, incomplete, contain some errors or be in some way unreliable. Just to be sure, please check any information obtained from the Website before acting upon it in any way.

Please note that we may make changes to the Website, its functions and services from time to time.

Other Limitations on Liability

It is important to note that using the internet does have its dangers. Our aim is to ensure a fast, reliable and secure service and to protect your personal information. However we cannot take responsibility for:

• any breach of security of the Website;

• any damage, loss or corruption of any data, information or material;

• any viruses or other malicious programs that may infect your computer equipment or other property; or

• any breach of security by hackers in relation to the Website.

If we breach these Terms of Use, we shall only be liable to you for losses which are a reasonably foreseeable consequence of such a breach (which means that the losses could have been contemplated by you or us at the time of entering these Terms of Use). In no circumstances shall Virgin Red Limited, Virgin Enterprises Limited or the other Virgin companies be liable for any special, indirect, incidental, consequential or economic loss (or for any exemplary or punitive damages), in connection with the use of the Website or any other site. The same applies for the employees, officers, directors, representatives and agents of Virgin Red Limited, Virgin Enterprises Limited and/or the other Virgin companies. This paragraph only applies to the extent that it can in accordance with applicable laws.

Law and Jurisdiction

These Terms of Use and any dispute in relation to them are governed by English law and we reserve the right to bring proceedings in the courts in any location, the English courts or whichever forum we feel is appropriate.

As a user, the laws of your location may apply to your online dealings with the Website and you may have additional legal rights and/or obligations than those provided under English law. We always recommend that you should seek local legal advice, however we would encourage you to speak to us if you have any concerns to see if they can be resolved.