Terms of use

Beach helps you and your friends discover, save and share travel content.

Beach is a platform provided by beachapp.com and operated by Beach Media Limited. Beachapp.com provides mobile apps, app extensions, websites and browser extensions (together “our services”). Our main website is beachapp.com. References in this terms of use to “we” or “us” are references to Beach Media Limited.

This terms of use (together with our privacy policy and cookie policy) tells you the terms on which you may use our services, whether as a guest or a registered user.

Please read this terms of use, our privacy policy and our cookie policy carefully before you start to use our services. By using or continuing to use any of our services, you confirm that you accept this terms of use, our privacy policy and our cookie policy and you agree to comply with this terms of use.

If you do not agree to this terms of use, you must not use or continue to use our services.

Accessing and using our services

In consideration of you agreeing to abide by this terms of use, we grant you a non-transferable and non-exclusive licence to use our services on the basis of and subject to this terms of use, our privacy policy, our cookie policy and any rules or policies applied by any app store, web store or other online service.

We may suspend, withdraw, discontinue or change any or all of our services, or any content made available, at any time without notice. If we no longer provide services to you we may terminate this terms of use.

We do not guarantee that any of our services, or any content made available, will always be available or be uninterrupted. Access to our services is permitted on a temporary basis. We do not guarantee that any of our services, or any content made available, will be free from errors or omissions. We will not be liable to you if for any reason any of our services or any content is unavailable or contains errors or omissions at any time or for any period.

If you choose, or you are provided with, a user ID, password or any other piece of information as part of your use of any of our services, you must treat such information as confidential and you must not disclose it to others. We have the right to disable any user ID, password or other piece of information associated with any of our services if you do not comply with this terms of use or it is otherwise reasonable for us to do so.

You are responsible for making all arrangements necessary for you to have access to any of our services. You are also responsible for ensuring that all persons who access any of our services through your internet connection, device or other equipment are aware of and comply with this terms of use and any other terms that apply to you.

License restrictions

Except as expressly set out in this terms of use or as permitted by any local law, you agree:

  • not to copy any part of our services except where such copying is incidental to normal use of the service, or where it is necessary for the purpose of backup or operational security.
  • not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify any part of our services.
  • not to make alterations to, or modifications of, the whole or any part of our services, or permit any part to be combined with, or become incorporated in, any other programs or services.
  • not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of our services or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving interoperability with another software program, and provided that the information obtained by you during such activities:
    • is used only for the purpose of achieving inter-operability with another software program.
    • is not unnecessarily disclosed or communicated without our prior written consent to any third party.
    • is not used to create any service that is substantially similar to any of our services.
  • to include our copyright notice on all entire and partial copies you make of any part of our services on any medium.
  • not to provide or otherwise make available any part of our services (including object and source code) in any form to any person without prior written consent from us.
  • to comply with all technology control or export laws and regulations that apply to the technology used or supported by any of our services.

Third parties

Our services provide access to content, data and functionality provided or processed by third parties including independent websites, social media networks, advertising networks and data analysis providers. We have no control over or liability for third party content, rules or policies.

Where our services are provided via an app store, web store or other online service, the relevant app store, web store or other online service may have rules or policies that apply to you. The terms of any such rules or policies may override some of the terms of this terms of use, our privacy policy or our cookie policy.

If any third party software (including open source software) is included in any of our services, the terms of a software licence may override some of the terms of this terms of use.

You acknowledge that your compliance with this terms of use does not guarantee your compliance with or remove any obligation to comply with any other terms that apply to you.

Intellectual property rights

You acknowledge that all intellectual property rights anywhere in the world in any of our services and any technology enabling our services belong to us or our licensors, that rights in our services are licensed (not sold) to you, and that you have no rights in or to any of our services and any technology enabling our services other than the right to use each of them in accordance with this terms of use.

You acknowledge that you have no right to have access to any source code in or enabling any of our services.

beach and beachapp are registered trademarks of Beach Media Limited.

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

By uploading, posting or sharing content when using any of our infrastructure, you initiate an automated process to direct us to store such content on our servers, and authorise the use, reproduction, transmission, distribution, public display, public performance, making available and other communication to the public by us. To the extent it is necessary in order for us to carry out our business, to provide you with services, to take any action relevant to this terms of use and/or to enable your use of any of our services, you hereby grant such licences to us on an unlimited, irrevocable, worldwide, non-exclusive, royalty-free and fully paid basis including but not limited to the right to use, copy, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public. You also grant us the right, in our sole discretion, to sub-licence each or any part of the licence to anyone, including other users of our services, and to users of any other websites, apps and/or platforms to which content has been shared or embedded.

You may print off one copy, and may download extracts, of any page(s) from any of our services for your personal use and you may draw the attention of other people to content posted on any of our services.

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.

Our status (and that of any identified contributors) as the authors of content on any of our services must always be acknowledged.

You must not use any part of the content made available on any of our services for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of any of our services, or any content made available, in breach of this terms of use, your right to use our services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No reliance on information

The content made available on our services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of any content made available on any of our services.

Although we make reasonable efforts to update the information made available on our services, we make no representations, warranties or guarantees, whether express or implied, that the content is accurate, complete or up to date.

Limitation of liability

Nothing in this terms of use 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 English law. Our maximum aggregate liability for any other liability whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £100 (one hundred pounds sterling).

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our services or any content made available, whether express or implied. You acknowledge that none of our services has been developed to meet your individual requirements.

We will not be liable to any user 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:

  • use of, or inability to use, any of our services.
  • use of or reliance on any content made available on any of our services.

If you are a business, we will not be liable for:

  • loss of profits, sales, business, or revenue.
  • business interruption.
  • loss of anticipated savings.
  • loss of business opportunity, goodwill or reputation.
  • any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our services for domestic and private use. You agree not to use any of our services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial of `service attack, or other technologically harmful material that may infect your equipment, programs, data or other proprietary material due to your use of any of our services or to your downloading or accessing any content made available on it, or on any website linked to it or otherwise accessed.

We assume no responsibility for the content of websites or other services linked on or otherwise accessible from any of our services. Such links or other access should not be interpreted as endorsement by us of any content. We will not be liable for any loss or damage that may arise from your use of such links or other access.

Uploading content to our services

Whenever you make use of a feature that allows you to upload content to any of our services, or to make contact with other users, you must comply with the content standards below.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, please note that this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to any of our services will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to any of our services constitutes a violation of their intellectual property rights or right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user on any of our services.

We have the right to remove any posting you make on any of our services if, in our opinion, your post does not comply with the content standards.

The views expressed by users on any of our services do not represent our views or values.

Interactive services

Where we provide any interactive service, we will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on any of our services, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks.

However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on any of our services, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that moderation is not foolproof and it is important that they communicate with their children about their safety online. You should make any minors using any interactive service aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Linking to our services

You may link to our services provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

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 to our services in any website or other service that is not owned or controlled by you.

Our services or any page(s) of our services must not be framed on any website or other service.

We reserve the right to withdraw linking permission without notice.

The website or other service in which you are linking must comply in all respects with the content standards below.

If you wish to make any use of content made available on any of our services other than that set out above, please contact us.

Content standards

These content standards apply to any and all material which you contribute to any of our services including any interactive services.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • be accurate (where they state facts).
  • be genuinely held (where they state opinions).
  • comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • contain any material which is defamatory of any person.
  • contain any material which is obscene, offensive, hateful or inflammatory.
  • promote sexually explicit material.
  • promote violence.
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • infringe any copyright, database right or trade mark of any other person.
  • be likely to deceive any person.
  • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • promote any illegal activity.
  • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • be likely to harass, upset, embarrass, alarm or annoy any other person.
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • give the impression that they emanate from us, if this is not the case.
  • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Prohibited uses

You may use our services only for lawful purposes. You may not use any of our services:

  • in any way that breaches any applicable local, national or international law or regulation.
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • for the purpose of harming or attempting to harm minors in any way.
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any device software or hardware.

You also agree:

  • not to reproduce, duplicate, copy or re-sell any part of any of our services in contravention of the provisions of this terms of use.
  • not to access without authority, interfere with, damage or disrupt:
    • any part of any of our services.
    • any equipment or network on which of any of our services is stored or operates.
    • any software used in the provision of of any of our services.
    • any equipment or network or software owned or used by any third party.

Viruses, hacking and other offences

We do not guarantee that any of our services will be secure or free from bugs or viruses. You are responsible for your own system configuration and your protection.

You must not misuse any of our services site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to any of our services, the server on which any of our services is stored or any server, computer or database connected to any of our services. You must not attack any of our services via a denial-of-service attack or a distributed denial-of service attack.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this terms of use. When a breach of has occurred, we may take such action as we deem appropriate.

Failure to comply with this terms of use may result in our taking all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use our services.
  • immediate, temporary or permanent removal of any posting or material uploaded to any of our services.
  • issue of a warning to you.
  • terminate this terms of use.
  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • further legal action against you.
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this terms of use. The actions that we can take in response are not limited and we may take any other action we reasonably deem appropriate.

On termination of this terms of use, all rights granted to you under it shall cease.

Transfer of rights and obligations

We may transfer our rights and obligations under this terms of use to another organisation, but this will not affect your rights or our obligations under this terms of use.

You may only transfer your rights or obligations under this terms of use to another person if we agree in writing.

Waiver

If we fail to insist that you perform any of your obligations under this terms of use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.

If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Severance

Each of term of this terms of use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms will remain in full force and effect.

Applicable law and disputes

If you are a consumer user, please note that this terms of use, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. Local laws in the country or countries where you are resident may apply and we may also bring proceedings in those countries.

If you are a business, this terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Changes to terms of use

We may change this terms of use at any time. Any changes we make will be posted on this page and, where appropriate, notified to you by email or when you next access our services.

Information about us

Our business premises are located at Willoughby House, 439 Richmond Road, Richmond TW1 2AG, United Kingdom.

We are registered in England and Wales with company number 08248491 and have our registered office at 11 Bell Business Park, Smeaton Close, Aylesbury, Buckinghamshire HP19 8JR, United Kingdom. Our VAT number is 153512729.

Contact

Please send any questions, comments and requests regarding this terms of use to hello@beachapp.com.

Thank you for visiting Beach by beachapp.com.