Terms & Conditions
1. Information about us
- Top10.com’s services are operated by Twin Pines Creations Ltd (“we”, “Top10.com”, “Top10” or “Top 10”). Top10.com’s services currently comprise of the website Top10.com, but also includes any other applications, software or services provided by the company.
- We are registered in England and Wales under company number 07495813 and have our registered office at 26-27 Great Sutton Street, London, EC1V 0DS. Our VAT number is 108 1863 22.
- Top10.com is a service for finding hotels and travel information, and for comparing prices from third party travel agents and other online retailers. The service also enables visitors to create accounts and vote on, recommend, review and share travel information through social networks.
2. Accessing our services
- You are permitted to access to our services on a temporary basis, and we reserve the right to withdraw or amend our services without notice. We will not be liable if for any reason our services are unavailable at any time or for any period.
- From time to time, we may restrict access to some parts of our services, or our entire services, to users who have registered with us.
- When using our services, you must comply with the provisions of our acceptable use policy. You are responsible for ensuring that all persons who access our services through your internet connection are aware of these terms, and that they comply with them.
3. Intellectual property rights
- The intellectual property rights in our services, and in the material published on it are protected by copyright laws and treaties around the world. Except as expressly set out in these terms, we, and our licensees, reserve our respective intellectual property rights in our services and the materials on it.
- 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.
- You may print one copy, and may download extracts, of any page from our services for your personal reference and you may draw the attention of others to material posted on our services.
- You must not use any part of the materials on our services for commercial purposes without obtaining a licence to do so from us or our licensors.
4. Pricing and offers listed on our services
- Top10.com cannot guarantee the accuracy of any prices listed on our services, for hotels, flights, products or any other items. Prices are provided to us by third party partners, and are displayed on our site based on information provided to us. We accept no liability for the accuracy or completeness of pricing and offers listed.
- Where we link to a third-party website or service, we accept no liability for the accuracy or quality of service of external websites, and accept no responsibility for any issues with services rendered by third party companies. If you have any issues or questions with bookings or purchases you have made through any partner websites, you must discuss these issues with that company directly.
5. Uploading material to our services
- Whenever you upload, edit, modify, adapt or submit material or information to our services, or cause any of these actions to happen, or make contact through our services with other users of our services (any of which is a "Contribution"), you must comply with the content standards set out in our acceptable use policy. You warrant that any such Contribution complies with our acceptable use policy, and you agree to defend, indemnify and keep indemnified Top10.com, its licensees, sub-licensees, assignees and successors in title from and against any claim or alleged claim, suit or proceeding brought against Top10.com, its licensees, sub-licensees, assignees and successors in title based upon a claim that a Contribution breaches this warranty.
- You grant Top10.com a perpetual, royalty-free, non-exclusive, irrevocable, transferable, world-wide licence to use, copy, distribute, disclose and sell to third parties any Contribution for any purpose. These activities include but are not limited to editing or creating derivative works of any Contribution.
- You irrevocably and unconditionally waive all moral rights to and all rights to object to derogatory treatment of any Contribution granted by the Copyright, Designs and Patents Act 1988 (as may be amended), and under all similar legislation from time to time in force anywhere in the world. For the avoidance of doubt, this clause waives (without limitation) the right to be identified as the author of any such Contribution and the right not to have such Contribution altered.
- The waiver granted in clause 4.4 is made in favour of Top10.com but shall extend to Top10.com's licensees, sub-licensees, assignees and successors in title to the benefit of the licence granted in clause 4.3.
- We have the right to remove or edit any Contribution you make on our services, including modifying and adapting it for operational and editorial reasons, with or without showing or marking that the Contribution has been removed or edited.
- We have the right to disclose your identity to any third party who is claiming that any Contribution constitutes a violation of their intellectual property rights, or of their right to privacy.
- We will not be responsible, or liable to any third party, for the content or accuracy of any Contribution by you or any other user of our services.
6. Reliance on information posted
- Commentary and other materials posted on our services are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our services, or by anyone who may be informed of any of its contents.
7. Our services changes regularly
- Our services are updated almost constantly, and the content can change at any time. If the need arises, we may suspend access to our services, or close it indefinitely. Any of the material on our services may be out of date at any given time, and we are under no obligation to update such material.
8. Our liability
- The material displayed on our services are provided without any guarantees, conditions or warranties as to its accuracy.
- To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
- any liability for loss or damage suffered in connection with the use of our services or any services linked to it. This includes:
- all loss of any kind, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation (whether innocent or negligent) or otherwise;
- direct loss (those that are a foreseeable consequence of what happened, that is to say they could be contemplated by you and us at the time of you accepting these terms); and
- indirect loss (those that happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income, profits, goodwill or opportunity)).
- Nothing above prevents claims for damage to your tangible property.
- Nothing above affects our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
9. Information about you and your visits to our services
10. Viruses, hacking and other offences
- You must not misuse our services 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 our services, the server on which our services are stored or any server, computer or database connected to our services. You must not attack our services via a denial-of-service attack or a distributed denial-of service attack.
- By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our services will cease immediately.
- We will not be liable for any loss or damage caused by a distributed denial-of-service 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 services or to your downloading of any material posted on it, or on any website linked to it.
11. Linking to our services
- You may link to any page on our services, 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.
- Our services must not be framed, surrounded, obfuscated, or bordered on any other services, nor may you link to, simulate or reference parts of our services in such a way as to replicate our services or the benefit of visiting it.
- If you wish to make any use of material on our services other than that set out above, please address your request to email@example.com.
12. Links from our services
- Where our services contains links to other services and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those services or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
13. Jurisdiction and applicable law
- You agree to bring any claim against us under the exclusive jurisdiction of the English Courts.
- We retain the right to bring proceedings against you in your country of residence or any other relevant country.
- We will not use this right to make substantial changes to the terms to your detriment without giving you a chance to agree.
- You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you.
16. Your concerns
- If you have any concerns about material which appears on our services, please contact firstname.lastname@example.org.
Acceptable Use Policy
Top10.com’s services are operated by Twin Pines Creations Ltd ("we" or "us"). We are registered in England and Wales under company number 07495813 and we have our registered office at 26-27 Great Sutton Street, London, EC1V 0DS. Our VAT number is 108 1863 22.
1. Prohibited uses
You may use our services only for lawful purposes. You may not:
- use our services in any way that breaches any applicable local, national or international law or regulation;
- use our services in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- use our services for the purpose of harming or attempting to harm minors in any way;
- use our services to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
- perform any automated use of our services, such as, but not limited to, using scripts to create Contributions, to extract any of the content of our services through such means as 'screen scraping', 'database scraping' or otherwise;
- interfere with, disrupt, or create an undue burden on our services or the network or services connected to our services;
- impersonate or attempt to impersonate Top10.com or a Top10.com employee, administrator or moderator, or another user of our services;
- use invalid or forged headers to disguise the origin of any Contribution, or otherwise misrepresenting the yourself or the source of any Contribution;
- engage in, either directly or indirectly, or encourage others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivised, misleading, malicious, or otherwise fraudulent;
- use our services to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
- use our services 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 computer software or hardware.
You also agree:
- not to access without authority, interfere with, damage or disrupt:
- any part of our services;
- any equipment or network on which our services are stored;
- any software used in the provision of our services; or
- any equipment or network or software owned or used by any third party.
2. Moderation and Minors
- We aim to provide clear information where our services are moderated and what form of moderation is used (including whether it is human or technical).
- We will do our best to assess any possible risks for users (and in particular, for children) when they use our services, and we will decide in each case whether it is appropriate to use moderation (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate our services, and we expressly exclude our liability for any loss or damage arising from the use of our services in contravention of our content standards, whether moderated or not.
- The use of any of our services by a minor is subject to the consent of their parent or guardian. We advise parents or guardians who permit their children to use our services that it is important that they communicate with their children about their safety online, as moderation is not fool-proof. Minors who are using any website should be made aware of the potential risks to them by their parent or guardian.
3. Content standards
- These content standards apply when you upload, edit, modify, adapt or submit material or information to our services, or cause any of these actions to happen, or make contact with other users through our services (any of which is a "Contribution").
- These content 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); and
- comply with applicable law in the UK and in any country from which they are posted.
- Contributions must not:
- infringe or promote infringement of any copyright, database right, trade mark or other intellectual property right of any other person (including, promoting or offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, rights management information or any type of cracker utilities);
- contain any material which is defamatory of any person;
- contain any material which is obscene, offensive, hateful or inflammatory;
- contain or promote sexually explicit material;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- 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, abusive 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;
- involve commercial activities and/or sales without prior written consent from us such as contests, sweepstakes, group-buying, advertising, or pyramid schemes;
- give the impression that they emanate from Top10.com, if this is not the case; or
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement, making or buying illegal weapons, or computer misuse.
4. Suspension and termination
- We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our services.
- immediate, temporary or permanent withdrawal of your right to use our services;
- immediate, temporary or permanent removal of any Contribution;
- issuing a warning to you;
- 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; and / or
- any such action as we deem appropriate.
- We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
5. Changes to the acceptable use policy
- We will not use this right to make substantial changes to the terms to your detriment without giving you a chance to agree.
- You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you.
Twin Pines Creations Ltd ("we") provide the services and content available on Top10.com (together or individually referred to as "our services"), and are committed to protecting and respecting your privacy.
Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. For the purpose of the Data Protection Act 1998 ("the Act"), the data controller is by Twin Pines Creations Ltd of 26-27 Great Sutton Street, London, EC1V 0DS.
1. Information we may collect from you
We may collect and process the following data about you:
- Information that you provide by filling in forms on our services. This includes information provided at the time of registering to use our services, subscribing to our service, posting material or requesting further services. We may also ask you for information if (for example) you enter a competition or promotion sponsored or managed by us, or if you report a problem with our services.
- Information that you provide by using our services. This includes, but is not limited to, 'following' other users, viewing, 'liking' or voting on content and mouse, keyboard, touch-screen inputs or other input type whether or not it appears to have been submitted.
- Private information that you grant us permission to collect, and public information, from third party websites such as, but not limited to, Facebook, Google and Twitter. The first time we request access to private information from a third party website, that website will ask your permission to allow us to access the private information. Once you have permitted us access to a type of information from a third party website, your permission will not necessarily be requested again each time we access that same type of information. You have the right to revoke access through these services via your associated accounts with those services.
- If you contact us, we may keep a record of that correspondence.
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
- Details of any transactions you carry out through our services and of the fulfilment of your orders.
- Details of your visits to our services including, but not limited to, traffic data, location data, weblogs and other communication data.
2. IP addresses and cookies
- We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration, to optimise the quality of our services and to report aggregate information to our partners and advertisers.
- For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. A cookie is a text-only string of data that is entered into the cookie file or 'memory' of the browser on your computer. It will typically contain the name of the domain from which the cookie has come, the 'lifetime' of the cookie, and a value, usually a randomly generated unique number. Cookies help us to improve our services and to deliver a better and more personalised service. They enable us:
- to estimate our audience size and usage pattern;
- to store information about your preferences, and so allow us to customise our services according to your individual interests;
- to speed up your searches; and
- to recognise you when you return to our services.
- In addition to cookie files, we may also use HTML 5 client side storage, Adobe Flash local shared objects and other methods for identifying and personalising our services.
- Advertisements on our services may be provided by another organisation. Our advertising partners may serve ads that they believe are most likely to be of interest to you, based on information about your visit to this and other websites (this information is anonymous in that it does not include your name, street address, e-mail address or telephone number). In order to do this, our advertising partner may need to place a cookie on your computer. For more information about this type of online behavioural advertising, about cookies, and about how to turn this feature off, please visit www.youronlinechoices.com.
3. Where we store your personal data
- All information you provide to us is stored on our secure servers. Any payment transactions will also be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our services, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
- Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our services; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
4. Uses made of the information
- We use information held about you in the following ways:
- to ensure that content from our services are presented in the most effective manner for you and for your computer;
- to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
- to carry out our obligations arising from any contracts entered into between you and us;
- to allow you to participate in interactive features of our service, when you choose to do so;
- to publish content and data about you and your use of our services to your profile on our services; and
- to notify you about changes to our services.
- We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by email or telephone.
- Where your data is used to provide you with information about goods and services which may be of interest to you, we (or the selected third party) will contact you by electronic means only if you have consented to this by ticking the relevant box situated on the user settings page.
- We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 40 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in France). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
5. Disclosure of your information
- We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985.
- We may disclose your personal information to third parties:
- in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
- if Twin Pines Creations Ltd or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets; and/or
6. Your rights
- You have the right to ask us not to process your personal data for marketing purposes. You can exercise your right to prevent such processing by checking the relevant boxes on the user settings page (if such settings are available), and otherwise you can also exercise the right at any time by contacting us at email@example.com.
- Our services may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
7. Visitors under the Age of 16
- We do not intentionally collect personally identifiable information online children under 16 since our services are not directed at children. Any users under 16 must get approval from a parent/guardian prior to submitting information. Users without consent are not allowed to provide us with information.
8. Access to information
- The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. If you would like a copy of some or all of your personal information please email us at firstname.lastname@example.org, or write to us at Top10.com, 26-27 Great Sutton Street, London, EC1V 0DS. Any access request may be subject to a fee to meet our costs in providing you with details of the information we hold about you.
- You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you, however data taken before any changes will not be affected without your individual permission.
10. Contacting us