WEBSITE TERMS OF USE (“Terms of Use”)

www.Newholidays.co.uk

1. Introduction

Welcome to https://www.newholidays.co.uk, a platform designed to help you discover and compare health clinics and similar services globally. This website connects users with providers of healthcare, aesthetic, dental, and other services listed on Newholidays.co.uk ("Services"). The term "Providers" or "Clinics" refers to all individual medical professionals, hospitals, clinics and beuty centers and all other services listed on Newholidays.co.uk. Newholidays.co.uk offers you the ability to search, locate, and contact medical and all other services listed on our web site worldwide. Newholidays.co.uk and its contents ("Website") are managed by New Holidays London LTD., a UK-registered company (number 7444957) headquartered at 51 Clarendon Road, Watford WD17 1HP, London, England. For these Terms of Use, "we," "our," and "us" denote Newholidays.co.uk.

2. Important Notice

Newholidays.co.uk does not provide healthcare, medical advice, or diagnosis. The information on the Website serves as a guide and is not a replacement for professional medical advice. The Website displays information about Providers and Clinics gathered from the Healthcare Provider or the Internet. We do not screen or validate content from Clinics and Providers, nor do we endorse any specific Clinic or Provider. Engaging a Clinic or Provider is at your own risk. Some Clinics or Providers may operate in jurisdictions without mandatory insurance. We advise conducting your own research and consulting with your healthcare provider before engaging with any Clinic or Provider listed on the Website. Search results on the Website should not be seen as endorsements or rankings by Newholidays.co.uk.

3. Services Newholidays.Co.Uk Do Not Provide

1. Newholidays.co.uk is not a medical referral service and does not endorse, recommend, or approve any Clinic or Provider listed on the Website. We are not medical professionals and do not present ourselves as such, nor will we discuss or advise on any medical treatment issues with Clients (defined below) or Clinics and Providers.

2. Newholidays.co.uk does not participate in any transactions between you and the Clinics or Providers using this Website. The responsibility for managing appointments and providing the relevant services lies entirely with the respective Clinic or Provider.

3. As we cannot control the information provided by any Clinic or Provider or information sourced by Newholidays.co.uk from the Internet and made available through this Website, Newholidays.co.uk does not guarantee or endorse the authenticity, quality, safety, or legality of any Clinic or Provider, or the services they offer. We also do not vouch for the accuracy of any listings or data provided, nor the ability of any Clinic or Provider to complete a transaction.

4. Services Newholidays.co.uk Do Provide

1. Newholidays.co.uk is a platform for individuals seeking medical services ("Clients," "Your," or "You") and Clinics or Providers worldwide offering those services. The website facilitates connections between Clients and Clinics or Providers. Newholidays.co.uk itself does not provide Services and is not responsible for the delivery of these Services. 

2. Newholidays.co.uk compiles information from various Clinics and Providers worldwide about their facilities and services, as well as from numerous publicly available websites. You can access this information on our Website to help you make an informed decision when choosing a Clinic or Provider. If you select a Clinic or Provider for Clinical Services, we will facilitate the connection by sharing your information with the Clinic or Provider ("Website Service") or by providing you with their contact details.

3. You may simply wish to browse through the Website to see what Newholidays.co.uk has to offer. In such a case, only certain provisions of these Terms of Use will apply to your use of the Website, while other provisions may not be relevant.

5. Content Policy

1. Newholidays.co.uk serves as a passive channel for the online distribution and publication of information submitted through the Website. We have no obligation to screen content or information in advance and are not responsible for screening or monitoring material posted by you or Clinics and Providers. You are solely responsible for the content and information you provide to be published on the Website through our data entry forms or otherwise. We reserve the right to edit or remove your content if we believe it is untrue or may create liability for us.

2. By using our services, you acknowledge that we may publish your reviews of Clinics and Providers, as well as the services they offer, on our Website or associated platforms. You agree to the unrestricted publication of such reviews. When submitting a review on Newholidays.co.uk, you must comply with our current review guidelines, which stipulate the following:

    Reviews must not be defamatory.
    Reviews must be suitable for all audiences (no use of profanity, etc.).
    Reviews must be based on your own experience (no hearsay or quoting others).
    Personal insults are prohibited.
    Any reports of criminal activity must be directed to the appropriate authorities, not included in the review.
    Reviews must not include any commercial information, such as email addresses or phone numbers.
    Content must be relevant to other potential customers.
    Reviews must adhere to standard email etiquette (avoid all CAPS, no HTML, etc.).
    We reserve the right to reject reviews if we are unable to contact you via email or phone.

3.Additional terms regarding reviews and other user-generated content on the Website can be found in our Reviews Policy.

6. Age and Responsibility

Please be aware that the Website Service is only accessible to individuals who are legally capable of forming binding contracts under the laws of their respective jurisdictions. If you are under the age of eighteen, you must not access or use this Website or its Services. By accessing and using this Website, you confirm that you are at least eighteen years old.

7. Data Protection

1. For the purposes of these Terms of Use, "Data" refers to all electronic information or data, including personal data as defined by the Data Protection Acts, 1988 and 2003, and the EU General Data Protection Regulation (GDPR) 2018 (the "DP Acts"). This includes information you submit on the Website or via our email contact@newholidays.co.uk and which Newholidays.co.uk transfers to the Clinic or Provider. This processing is necessary to facilitate the contract between you and the Clinic or Provider. You acknowledge and agree that in order to provide services to you, we must share certain personal details, including medical information, with the Clinics or Providers you wish to consult with. You expressly consent to the transfer and disclosure of your personal data to these Clinics and/or Providers, even if they are located in countries where data protection laws are less stringent than those in the UK or EU. We may also use your contact details, such as your phone number and email address, to update you on your consultation status and other matters related to the Website Services. You consent to such communications.

2. Newholidays.co.uk is committed to protecting your privacy and the privacy of others accessing the Website and its services. For detailed information on how we use cookies, the types of data we collect, how we use it, and the circumstances under which we disclose it, please review our Privacy Policy, which is incorporated into these Terms of Use.

3. As Newholidays.co.uk operates servers outside the European Union, you agree to the transfer of your personal data outside the EU. By using this website, you consent to Newholidays.co.uk processing and holding your personal data (including sensitive data as defined in the DP Acts) both electronically and manually for the purposes of operating, managing, securing, and administering Newholidays.co.uk, and in compliance with applicable laws, regulations, and procedures.

4. Communications between you and a Clinic and/or Provider via email may be facilitated through Newholidays.co.uk or via contact@newholidays.co.uk. The content of these emails may be retained by Newholidays.co.uk to assist in tracking your communications.

5. Phone communications between you and a Clinic and/or Provider may be routed and scheduled through Newholidays.co.uk. Information such as the date and time of the call, its success or failure, and the telephone numbers involved may be stored by Newholidays.co.uk to help track communications. Calls may be recorded, and if so, you will be informed by an audible message before the call begins.

6. By registering as a user, you agree that we may send you advertisements and promotional materials via email. If you prefer not to receive marketing communications, you can notify us via contact@newholidays.co.uk.

7. Occasionally, we or an external third-party company may contact you via email or phone to solicit your feedback on our services. For this purpose, we may share your data with third-party companies, which will use it to contact you for feedback. In such cases, the third party's terms and conditions will apply.

8. Provision of Information    

1. If you wish to schedule a consultation with a Clinic and/or Provider, you will be required to provide specific information, including your contact details (phone number and email address), age, gender, and relevant medical information. This information is necessary for us to present your data to Clinics and/or Providers interested in offering their services to you. You confirm that the information you provide is current, accurate, not confidential to any third party, and does not violate any third-party rights. Additionally, the information must be sufficient to facilitate the Website Services. While Newholidays.co.uk strives to maintain your privacy, you should avoid sharing any information that could cause personal harm if disclosed.

2. Information transmitted over the Internet is susceptible to interception, loss, or alteration, and its security cannot be fully guaranteed. By using the Website, you acknowledge and accept the security risks associated with transmitting information online. We are not responsible for any information sent over the Internet and will not be liable for any damages or losses incurred by you or others in connection with information sent by you to us, or to a Clinic and/or Provider, or information sent by us, a Clinic and/or Provider, or any third party to you.

9. Suspenion / Termination

Newholidays.co.uk reserves the right to suspend or terminate your access to this Website, or any part of its services, at any time and without prior notice. This action may be taken for various reasons, including but not limited to the provision of false or misleading information, violation of these Terms of Use, or inability to verify or authenticate any information you have submitted. Newholidays.co.uk is not liable to you or any third party for any suspension or termination of your access to this Website.

10. Use of Website

You agree not to use this Website or any of its facilities and services for any unlawful purpose or any purpose prohibited by these Terms of Use, including but not limited to:

1. Any commercial activities, such as creating, checking, updating, or modifying your own or others' databases, records, directories, customer lists, mailing lists, or prospecting lists;

2. Any fraudulent, unlawful, or prohibited activities as outlined in these Terms of Use;

3. Copying, modifying, transmitting, displaying, distributing, performing, reproducing, licensing, publishing, creating derivative works from, transferring, or selling any information, software, products, or services contained on or forming part of this Website for resale, redistribution, or any other commercial use, including use on other websites, surveys, contests, or pyramid schemes;

4. Accessing or using the Website in jurisdictions where such access or use is restricted or prohibited by local law;

5. Using the Website in any manner that could damage, disable, overload, flood, mail bomb, crash, or impair the Website, or interfere with any other party's use and enjoyment of the Website;

6. Posting or transmitting any unlawful, harassing, threatening, libellous, defamatory, tortious, obscene, hateful, scandalous, inflammatory, pornographic, or profane material, or any material that could give rise to civil or criminal liability under law, whether on a bulletin board, forum, or otherwise;

7. Transmitting material that may harm Newholidays.co.uk's or any other party's computer systems, including but not limited to viruses, Trojan horses, worms, spyware, adware, time bombs, cancelbots, or other harmful software;

8. Harassing, harming, or abusing another person, or contacting, advertising, soliciting, or selling to any person without their prior written consent, or transmitting or relaying spam, junk email, or chain letters;

9. Accessing data or materials not intended for your use, logging into a server or account that you are not authorized to access, attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization, or impersonating any person or entity, or misrepresenting your identity or affiliation in any way;

10. Attempting to gain unauthorized access to the Website or any computer systems or networks connected to any Newholidays.co.uk website through hacking, password mining, or any other means;

11. Harvesting or collecting any information (including email addresses or details of other users) from the Website by any means, or monitoring, mirroring, or copying any content of the Website without the prior written consent of Newholidays.co.uk.

12. It is strictly forbidden for any visitor to the Newholidays.co.uk Website to contact any Clinic or Provider if the purpose of the contact is not exclusively and solely to use the service provided by the Clinic, doctor, or Provider. This prohibition applies to contact made through the Website or by collecting information about the Clinic, doctor, or Provider from the Website and subsequently contacting them via written electronic communication, phone, or in person.

13. The pages of this Website may contain technical inaccuracies and typographical errors. While the information on this Website may be updated periodically, Newholidays.co.uk does not accept responsibility for keeping the information up-to-date, nor does it accept liability for any failure to do so.

14. Newholidays.co.uk reserves the right, at its sole discretion, to pursue all legal remedies available for any breach of these Terms of Use, including but not limited to removing your postings and content from the Website, closing your account, and/or restricting your access to the Website and its services.

11. Copyright Notice and Limited Licence

1. The information, content, graphics, text, sounds, images, buttons, trademarks, service marks, trade dress, business names, domain names, goodwill, know-how, designs, and design rights, trade names, and logos (whether registered or unregistered) (collectively, the "Materials") on this Website are protected by copyright, trademark, database rights, sui generis rights, and other intellectual property laws, as well as national and international treaties. Newholidays.co.uk and/or its licensors (as applicable) retain all rights, titles, interests, and intellectual property rights in the Materials. The use of third-party trademarks is solely for descriptive and identification purposes, and such trademarks remain the registered property of their respective owners. Newholidays.co.uk makes no claims of ownership or rights over these third-party trademarks.

2. Any use of the Materials on this Website, other than as expressly permitted, including copying, reproduction, modification, distribution, uploading, republishing, extraction, reutilization, incorporation or integration with other materials or works, or redelivery using framing technology, without prior written permission from Newholidays.co.uk, is strictly prohibited and constitutes a violation of Newholidays.co.uk's proprietary rights. Except as explicitly provided herein, nothing in these Terms of Use shall be construed as conferring any license or right, by implication or otherwise, under any copyright, patent, trademark, database right, sui generis right, or other intellectual property or proprietary interest of Newholidays.co.uk, its licensors, or any third party.

3. By submitting any materials or information to the Website, whether during the registration process or otherwise, including postings to bulletin boards or evaluation forums, you grant Newholidays.co.uk a non-exclusive, royalty-free, worldwide, transferable, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works from, publicly display, and publicly perform any such materials and information. This includes any ideas contained within for new or improved services.

12. Disclaimers

1. This section outlines the limitations of Newholidays.co.uk's legal responsibility to you regarding your access to and use of the Website. It is important that you read this section carefully. By agreeing to these Terms of Use, you acknowledge that you have relied on these disclaimers, which form a fundamental basis of this agreement.

2. The Website is provided to users "as is" and, to the fullest extent allowed by applicable law, is made available without any express or implied representations or warranties. Newholidays.co.uk does not guarantee the services or materials on the Website, including but not limited to their quality, merchantability, or fitness for a particular purpose. All information on the Website is meant to serve as a general guide and should not be considered a replacement for professional medical advice. 
Newholidays.co.uk does not warrant the accuracy of any information on this Website. 
Additionally, Newholidays.co.uk does not guarantee that the Website or the server hosting it is free of defects, viruses, or other harmful elements. To the greatest extent permitted by law, Newholidays.co.uk is not responsible for any infection by computer viruses, bugs, tampering, unauthorized access, intervention, alteration, use, fraud, theft, technical failures, errors, omissions, interruptions, deletions, defects, delays, or any event beyond its control that corrupts or affects the administration, security, fairness, integrity, or proper conduct of any aspect of the Website. 
Your use of the Website is entirely at your own risk. You accept full responsibility for any risk of loss resulting from downloading, using, referring to, or relying on the services, materials, products, or any other information obtained from your use of the Website. 
You agree that, to the maximum extent allowed by law, Newholidays.co.uk and its telecommunications and network service providers will not be liable for any damages arising from your use or inability to use the Website, and you waive any claims related to this, whether based on contract, tort, or other grounds. No advice or information, whether oral or written, obtained from Newholidays.co.uk will alter this disclaimer of warranty or create any new warranty.

3. To the fullest extent permitted by law, Newholidays.co.uk does not assume responsibility nor does it offer any warranties, express or implied, regarding the operation, safety, condition, or services of any Clinic, Provider, healthcare professional, doctor, or any other individual associated with the Clinic and/or Provider that you use. Newholidays.co.uk is not liable for any acts, errors, omissions, representations, warranties, breaches, or negligence of any Clinic and/or Provider, or any individuals associated with them, nor for any resulting losses, damages, or expenses.

4. The Newholidays.co.uk Website may contain translations powered by Google and other translation services. Newholidays.co.uk does not guarantee the accuracy, reliability, or correctness of any translated information and will not be liable for any losses incurred as a result of using these translations.

THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

13. Limitation of Liability

1. To the maximum extent allowed by applicable law, Newholidays.co.uk, including its officers, directors, employees, affiliates, and other representatives, will not be liable for any loss or damages arising from or connected to your use of any facilities, services, and Website services provided, or transactions conducted through this Website. This includes, but is not limited to, transactions with Clinics and/or Providers or medical services facilitated through this Website. Such exclusions apply to direct, indirect, or consequential losses or damages, loss of data, loss of income, profit or opportunity, loss of or damage to property, and third-party claims, even if Newholidays.co.uk has been advised of the potential for such losses or damages, or if such losses or damages were reasonably foreseeable.

2. Newholidays.co.uk and its officers, directors, employees, affiliates, and other representatives shall not be liable for any damages resulting from the actions or statements of any Clinic and/or Provider or third party, or from any interruption, suspension, or termination of Website services, whether such interruption, suspension, or termination was justified or not, or was negligent, intentional, inadvertent, or deliberate.

3. Additionally, Newholidays.co.uk and its officers, directors, employees, affiliates, and other representatives shall not be held liable for any delay or failure in performance of the Website or its services due to circumstances beyond its reasonable control. This includes, but is not limited to, failures of the internet, computer equipment, telecommunications, other equipment failures, power outages, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, natural disasters, war, governmental actions, orders from domestic or foreign courts or tribunals, or the failure of third parties to perform.

4. Newholidays.co.uk does not exclude liability for death or personal injury caused by its negligence, or that of its employees or authorized representatives, or for fraud.

14. Indemnity

You agree to defend, indemnify, and hold Newholidays.co.uk, including its officers, directors, employees, affiliates, and representatives, harmless from any and all claims, proceedings, actions, costs (including legal fees), expenses, damages, liabilities, losses, and demands made by or liabilities to any third party resulting from activities conducted under your account or arising from your use or misuse of this Website. This includes, but is not limited to, posting content, entering transactions with Clinics and/or Providers, contacting others based on their postings, infringing on any third party's intellectual property or other rights, or any breach of these terms of use.

Links to Third-Party Websites

This Website contains links to external websites. Your use of these third-party websites is governed by their respective terms and conditions. Accessing any other website through this Website is at your own risk. Newholidays.co.uk is not responsible for the accuracy of any information, data, opinions, or statements made on third-party websites, nor for the security of any interactions with those websites. Newholidays.co.uk reserves the right to terminate links to third-party websites at any time. Providing a link to a third-party website does not imply endorsement, authorization, sponsorship, or affiliation with the website, its owners, or sponsors. These links are provided solely for the convenience of Website users.

Availability

1. While Newholidays.co.uk strives to ensure continuous availability of the Website, there may be occasions when access is interrupted due to maintenance, upgrades, emergency repairs, or telecommunications and equipment failures beyond our control. You agree that Newholidays.co.uk shall not be liable for any loss incurred as a result of modifications, suspensions, or discontinuance of the Website.

2. You are solely responsible for the protection and backup of any content and data you submit to the Website. It is also your responsibility to take reasonable precautions to scan for computer viruses or other destructive items.

Changes to These Terms of Use

Newholidays.co.uk may modify or discontinue any services offered through this Website at any time and for any reason, without notice and without liability to you, any other user, or any third party. Newholidays.co.uk reserves the right to change the content, presentation, performance, user facilities, and availability of any part of this Website, including these terms of use, at its sole discretion from time to time. You should review these terms of use for changes each time you access the Website. 

18. Jurisdiction and Governing Law

1. This Website is controlled and operated by New Holidays London LTD. from the United Kingdom. 
New Holidays London LTD makes no representation that the facilities, services (including the website service), and/or materials offered through this Website are appropriate or compliant with legal or regulatory requirements in countries other than the United Kingdom. By accessing this Website, you do so at your own risk and are responsible for complying with local laws, if applicable. If making this Website, facilities, services (including the website service), and/or materials offered through this Website available in your country, or to you, is prohibited by law, whether due to nationality, residence, or any other reason, this Website, its facilities, services, and/or materials are not directed at you.

These terms of use are governed by and construed in accordance with the laws of the United Kingdom. You agree, for the benefit of New Holidays London LTD, and without prejudice to New Holidays London LTD's right to take proceedings before any court of competent jurisdiction, that the courts of the United Kingdom shall have exclusive jurisdiction to hear and determine any actions or proceedings arising out of or in connection with these terms of use. For these purposes, you irrevocably submit to the jurisdiction of the courts of the United Kingdom.
The language of any dispute resolution procedure or proceedings under these terms of use will be English.

Miscellaneous

Any waiver of any provision of these terms of use must be in writing and signed by New Holidays London LTD to be valid. Such waiver shall not operate as a waiver of any other provision, nor as a continuing waiver of the same provision in the future. Each provision of these terms of use is separate, severable, and enforceable. If any provision is deemed void or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected. These terms of use do not constitute a partnership between you and New Holidays London LTD, nor does either party act as the agent of the other. These terms of use represent the entire agreement between you and New Holidays London LTD. regarding the use of this Website, its facilities, and/or services (including the website service), and supersede any prior statements, understandings, and agreements.