| Our web site is a description of and guide to our Villas and their facilities.
The Villas are our own holiday homes and are furnished to our taste, and changes may be made without notice.
No liability is accepted for unintentional errors, mistakes, or omissions, which may arise as a result of subsequent changes.
By using or browsing this site ("the Site"), we take it that you have read, understood and agree to be bound by these Terms and Conditions and any other guidelines or rules applicable to other services that may be posted from time to time. If you do not agree with any part of the following terms of conditions you must not use the Site. If you are uncertain, you can always contact us.
Our Obligations
McComish Holiday Villas will respond to any e-mails, telephone calls or answer phone messages that are successfully received.
Wherever possible we aim to respond to these enquiries quickly, generally within 48 hours. Unfortunately however this cannot be guaranteed, but every effort will be made to respond to queries in a timely manner. We can take no responsibility for e-mails/calls/messages that are not received due to information technology failures that are outside of our control. If you have received no response to your query within 96 hours (4 days) we recommend contacting us again, in case there was a problem with us receiving your original query.
McComish Holiday Villas and their designated Web Developer/Web Development Company (currently Tara Shannon) aim to provide you with up to date information on the Villa and the functionality of the Site, and on any upgrades or changes to its functionality; and use reasonable endeavors to comply with any statute, regulation or other ordinance as and when they come into force.
Your Obligations
You agree that you will only use the Site in accordance with these Terms and Conditions and shall ensure compliance with applicable laws and regulations.
You represent, warrant and undertake that you will not cause or permit anything to be done that may infringe, damage or endanger any intellectual property rights of McComish Holiday Villas or any third party.
You agree that you will only use the McComish contact details (e.g. e-mail and telephone) for genuine queries related to the Villa and the Site. You agree not to use any obscene, offensive or threatening language within queries. We will not respond to queries that do not comply with this rule and reserve the right to cancel your booking. Use of contact details for other purposes including unsolicited commercial marketing is strictly prohibited.
You agree that you will only use the Web Developers details (e-mail) for queries related to the website. You agree not to use any obscene, offensive or threatening language within queries. The web developer will not respond to queries that do not comply with this rule and reserves the right to inform us (the McComish family) of such behaviour so that if applicable we may cancel your booking. Use of the web developers contact details for other purposes including unsolicited marketing is stictly prohibited.
Exclusion of Warranty
We try to make sure the information contained on this Site is as accurate as possible. However we give no warranty of any kind regarding the Site and/or any materials or information provided on the Site. McComish Holiday Villas and their web developer do not warrant the accuracy, completeness, currency, or reliability of any of the content or data found on this Site and to the extent permitted by law McComish Holiday Villas and their web developer expressly disclaims all warranties and conditions, including implied warranties and conditions or merchantability, fitness for a particular purpose and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
McComish Holiday Villas and their web developer assume no responsibility and shall not be liable for any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site. In no event shall McComish Holiday Villas or their web developer be liable for any injury, loss, claim, damage, or any exemplary, punitive, indirect, incidental or consequential damages of any kind (including but not limited to lost profits or lost savings) whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with:
- any use of this Site or content found herein
- any failure or delay (including, but not limited to) the use of or inability to use any component of the Site
- the performance or non-performance by mccomishholidayvillas.com even if such party has been advised of the possibility of damages to such parties or any other party
- the provision of or failure to provide services
- any information, software, products, services and related graphics obtained through the Site
Any dealings you have with third parties via the Site are your responsibility. Should a dispute arise between yourself and any third party due to use of the Site we will not be responsible for any loss or damage suffered as a result.
You shall indemnify and keep McComish Holiday Villas and their web developer indemnified against all actions, claims, losses, costs (including all legal costs actually incurred or otherwise), damages and expenses that are suffered or incurred by McComish Holiday Villas and their web developer and any affiliated or associated company or entity whether or not reasonable or otherwise foreseeable or avoidable which arise directly or indirectly from any breach or alleged breach by you of any of these Terms and Conditions.
Affiliates/links to other Sites
We may provide links to other Sites, resources, advertisements or sponsorships. McComish Holiday Villas accepts no responsibility for these links and does not endorse their contents. If you decide to access other web sites, you do so at your own risk.
As mentioned above any dealings you have with third parties via the Site are your responsibility. Should a dispute arise between yourself and any third party due to use of the Site we will not be responsible for any loss or damage suffered as a result.
Broken Links
We check all links to other sites regularly to ensure that they are working. However as they link to external sites over which we have no control, then sometimes, when one of these external sites are updated or changed, the link we have provided may stop working or "break". Whilst we endeavor to ensure that you will not encounter broken links we cannot guarantee this. If you do come accross a link that is not working we apologise and would greatly appreaciate it if you could contact our web developer to advise them of this fact so they can rectify it as soon as possible. Thank you for your cooperation.
Copyright & Trademark
The Site and each of its modules, including but not limited to text, graphics, logos, button icons, images, audio clips and software, is the property of McComish Holiday Villas and Tara Shannon (the web developer). None of the data or content found on the Site may be reproduced, republished, distributed, posted, sold, transferred, linked to or modified without the express written permission of the McComish Holiday Villas and Tara Shannon .
In addition, the trademarks, logos and service marks displayed on this Site ("the Trade Marks") are registered and nothing contained in this Site should be construed as granting by implication, estoppel, or otherwise, any licence or right to use any of the Trade Marks without McComish Holiday Villas permission.
All other intellectual property rights (including any patent, copyright, database rights, registered design, trade mark, trade name, know-how or industrial or intellectual property right subsisting anywhere in the world and any applications to protect any of the above) and goodwill in and relating to the Site (including all components developed and produced for the Site including the up-dates, format, art direction, look and feel and content) (the "Intellectual Property Rights") shall be owned by and vest absolutely in McComish Holiday Villas and their web designer Tara Shannon.
Some of the maps used on this site are Google Maps. They are free source meaning that they can be reproduced, hence (when following Googles T's and C's) we can use them on this site, but the copyright remains with Google and you cannot reproduce these without first consulting Googles terms and conditions to ensure you are not in breach. |