Last updated on 9 September 2024
We are Wintergreen Advisors Limited doing business as Trotter (’Company’ ’we’ ’us’ or ’our’) a company registered in the United Kingdom at 1 Berkley Street London W1J 8DJ. Our VAT number is 15405574.
We operate the mobile and web application Trotter (the ’Mobile App’ and ’Web App’ respectively and together the ’Apps’) as well as any other related products and services that refer or link to these legal terms (the ’Legal Terms’). In these Legal Terms the ’Services’ means our provision to you of the Apps and intermediary concierge services such concierge services being limited to the booking of the various third-party products and services (the ’Third-Party Services’) the provision of which we are not responsible for. When arranging for Third-Party Services we do so strictly as an agent and we are not responsible liable or in any way party to the agreement between you and the provider of the Third-Party Service (the ’Third-Party Service Provider’).
In these Legal Terms:
You agree that by accessing and/or using the Services you have read understood and agreed to be bound by these Legal Terms on behalf of yourself and any other persons (including companies) on behalf of whom you are using the Services (together “you”). If you do not agree with these Legal Terms then you are prohibited from using the Services and you should immediately stop using the Services.
We recommend that you print or download a copy of these Legal Terms for your records.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws if and to the extent local laws are applicable.
The Services are not tailored to comply with any industry-specific regulations other than as set out in Sections B and C.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We are the owner or the licensee of all intellectual property rights in our Services including all source code databases functionality software website designs audio video text photographs and graphics in the Services (collectively the ’Content’) as well as the trademarks service marks and logos contained therein (the ’Marks’). For the avoidance of doubt we make no representations relating to any intellectual property pertaining to Third-Party Services or belonging to Third-Party Service Providers.
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United Kingdom and around the world.
The Content and Marks are provided in or through the Services ‘AS IS’ for your personal non-commercial use only.
Subject to your compliance with these Legal Terms including the prohibited activites section below we grant you a non-exclusive non-transferable revocable licence to:
Except as set out in this section or elsewhere in our Legal Terms no part of the Services and no Content or Marks may be copied reproduced aggregated republished uploaded posted publicly displayed encoded translated transmitted distributed sold licensed or otherwise exploited for any commercial purpose whatsoever without our express prior written permission.
If you wish to make any use of the Services Content or Marks other than as set out in this section or elsewhere in our Legal Terms please address your request to: support@jointrotter.com. If we ever grant you the permission to post reproduce or publicly display any part of our Services or Content you must identify us as the owners or licensors of the Services Content or Marks and ensure that any copyright or proprietary notice appears or is visible on posting reproducing or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services Content and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Please review this section and the prohibited activites section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question comment suggestion idea feedback request for a Third-Party Service or other information about the Services (‘Submissions’) you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose commercial or otherwise without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat contribute to or participate in blogs message boards online forums and other functionality during which you may create submit post display transmit publish distribute or broadcast content and materials to us or through the Services including but not limited to text writings video audio photographs music graphics comments reviews rating suggestions personal information or other material (‘Contributions’). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.
When you post Contributions you grant us a licence (including use of your name trademarks and logos): By posting any Contributions you grant us an unrestricted unlimited irrevocable perpetual non-exclusive transferable royalty-free fully-paid worldwide right and licence to: use copy reproduce distribute sell resell publish broadcast retitle store publicly perform publicly display reformat translate excerpt (in whole or in part) and exploit your Contributions (including without limitation your image name and voice) for any purpose commercial advertising or otherwise to prepare derivative works of or incorporate into other works your Contributions and to sublicense the licences granted in this section. Our use and distribution may occur in any media formats and through any media channels.
This licence includes our use of your name company name and franchise name as applicable and any of the trademarks service marks trade names logos and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts you:
You agree to adhere to our community guidelines a copy of which is available here and which we may amend from time to time at our sole discretion.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section (b) any third party’s intellectual property rights or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions we may also suspend or disable your account and report you to the authorities.
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control please immediately refer to the copyright infringements section below.
By using the Services you represent and warrant that: (1) all registration information you submit as well as information necessary for us to arrange the Third-Party Services on your behalf will be true accurate sufficient current and complete; (2) you will maintain the accuracy of such information and promptly update such information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means whether through a bot script or otherwise; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue inaccurate not current or incomplete we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You will be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove reclaim or change a username you select if we determine in our sole discretion that such username is inappropriate obscene or otherwise objectionable.
As part of the Services we may arrange Third-Party Services to be provided to you. You will be responsible for paying any fees costs and charges associated with the Third-Party Services either directly to the relevant Third-Party Service Providers or to us. You will be notified of the payment arrangements the sums to be paid and the dates for payment at the time of making the booking. If you fail to make such any such payment in accordance with the payment arrangements disclosed to you at the time of booking we or the Third-Party Service Provider may cancel your booking.
We may in some cases where notified to you collect payment information from you in order to share with the relevant Third-Party Service Providers in order to facilitate your payment to such Third-Party Service Providers. However we are in no circumstances liable for such payments which are owed by you directly to the Third-Party Service Providers in respect of any Third-Party Service.
We accept the following forms of payment: direct bank transfer and debit/credit card (Visa MasterCard and American Express). We do not charge you a fee for using these cards. However your bank or card issuer may apply an additional foreign transaction fee where you use a method of payment which is in a currency different to that charged by us (as made clear before you book and pay).
We reserve the right to refuse to facilitate the arrangement of any Third-Party Service placed through the Services.
Except as set out in limited circumstances in Section C we are not responsible for the Third-Party Services or for any act or omission of the Third-Party Service Providers. We therefore cannot be responsible for any failure to provide or improper performance of the Third-Party Services. To the extent that you have any claim in relation to a guarantee refund concession or other remedy of any kind in relation to the Third-Party Service you must bring such a claim against the Third-Party Service Provider.
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services you agree not to:
The Services may invite you to chat contribute to or participate in blogs message boards online forums and other functionality and may provide you with the opportunity to create submit post display transmit perform publish distribute or broadcast content and materials to us or on the Services including but not limited to text writings video audio photographs graphics comments suggestions or personal information or other material (collectively ‘Contributions’). Contributions may be viewable by other users of the Services and through third-party websites. As such any Contributions you transmit may be treated as non-confidential and non-proprietary.
When you create or make available any Contributions you thereby represent and warrant that:
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in among other things termination or suspension of your rights to use the Services.
By posting your Contributions to any part of the Services you automatically grant and you represent and warrant that you have the right to grant to us an unrestricted unlimited irrevocable perpetual non-exclusive transferable royalty-free fully-paid worldwide right and licence to host use copy reproduce disclose sell resell publish broadcast retitle archive store cache publicly perform publicly display reformat translate transmit excerpt (in whole or in part) and distribute such Contributions (including without limitation your image and voice) for any purpose commercial advertising or otherwise and to prepare derivative works of or incorporate into other works such Contributions and grant and authorise sublicences of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This licence will apply to any form media or technology now known or hereafter developed and includes our use of your name company name and franchise name as applicable and any of the trademarks service marks trade names logos and personal and commercial images you provide. You waive all moral rights in your Contributions and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right in our sole and absolute discretion (1) to edit redact or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason without notice. We have no obligation to monitor your Contributions.
We may provide you areas on the Services to leave reviews or ratings. When posting a review you must comply with the following criteria:
We may accept reject or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims liabilities or losses resulting from any review. By posting a review you hereby grant to us a perpetual non-exclusive worldwide royalty-free fully paid assignable and sublicensable right and licence to reproduce modify translate transmit by any means display perform and/or distribute all content relating to review.
Third-Party Service Providers may have their own restrictions and obligations in respect of reviews for Third-Party Services of which we have no visibility. It is your responsibility to comply with any obligations placed on you by Third-Party Service Providers.
If you access the Services via the Mobile App then we grant you a revocable non-exclusive non-transferable limited right to install and use the Mobile App on wireless electronic devices owned or controlled by you and to access and use the Mobile App on such devices strictly in accordance with the terms and conditions of this mobile application licence contained in these Legal Terms.
Regardless of whether you access the Services via the Mobile App or Web App you shall not:
The following terms apply when you use the Mobile App obtained from either the Apple Store or Google Play (each an ‘App Distributor’) to access the Services:
The Services may contain (or you may be sent via the App) links to other websites (‘Third-Party Websites’) both relating to the Third-Party Services and otherwise as well as articles photographs text graphics pictures designs music sound video information applications software and other content or items belonging to or originating from third parties (‘Third-Party Content’). Such Third-Party Websites and Third-Party Content are not investigated monitored or checked for accuracy appropriateness or completeness by us and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on available through or installed from the Services including the content accuracy offensiveness opinions reliability privacy practices or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of linking to or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites to use or install any Third-Party Content or to access any Third-Party Services without our involvement on your behalf you do so at your own risk and you should be aware these Legal Terms no longer govern.
You are responsible at all times for your compliance with the terms and policies of Third-Party Service Providers and you should review such applicable terms and policies including privacy and data gathering practices of any website to which you navigate from the Services any Third-Party Service whether arranged by us on your behalf or by you directly or relating to any applications you use or install from or in connection with the Services.
Any purchases of Third-Party Services you make from Third-Party Service Providers whether through Third-Party Websites or via our Services as an intermediary marketplace will be from Third-Party Service Providers and except as set out in Section C we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable Third-Party Service Provider. You agree and acknowledge that we do not endorse the Third-Party Services the Third-Party Service Providers nor any other services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services including the Third-Party Services. Additionally you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We allow advertisers to display their advertisements and other information in certain areas of the Services such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements and we have no other relationship with advertisers.
We reserve the right but not the obligation to:
For the avoidance of doubt we do not manage the Third-Party Services and are not responsible for enforcing any rights or obligations in relation to the Third-Party Services or Third-Party Service Providers.
We care about data privacy and security. Please review our Privacy Policy. By using the Services you agree to be bound by our Privacy Policy which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United Kingdom. If you access the Services from any other region of the world with laws or other requirements governing personal data collection use or disclosure that differ from applicable laws in the United Kingdom then through your continued use of the Services you are transferring your data to the United Kingdom and you expressly consent to have your data transferred to and processed in the United Kingdom. However as set out in more detail in our Privacy Policy we will often rely on a lawful basis other than consent when processing your personal data including but not limited to performance of these Legal Terms.
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control please immediately notify us using the contact information provided below (a ‘Notification’). A copy of your Notification may be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus if you are not sure that material located on or linked to by the Services infringes your copyright you should consider first contacting an attorney.
We are not responsible for any intellectual property owned or licensed by the Third-Party Service Providers (or any other third-party) and have no obligation to assist you in relation to any purported or actual infringement relating to any aspect of the Third-Party Services.
These Legal Terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these legal terms we reserve the right to in our sole discretion and without notice or liability deny access to and use of the Services (including blocking certain IP addresses) to any person for any reason or for no reason including without limitation for breach of any representation warranty or covenant contained in these Legal Terms or of any applicable law or regulation. We may terminate your use or participation in the Services or delete your account and any content or information that you posted at any time without warning in our sole discretion.
If we terminate or suspend your account for any reason you are prohibited from registering and creating a new account under your name a fake or borrowed name or the name of any third party even if you may be acting on behalf of the third party. In addition to terminating or suspending your account we reserve the right to take appropriate legal action including without limitation pursuing civil criminal and injunctive redress.
Termination or expiry of these Legal Terms for any reason shall have no effect on any agreement between you and any Third-Party Service Provider whether arranged by us on your behalf or otherwise. You acknowledge that you may have obligations to Third-Party Service Providers that survive termination or expiry of these Legal Terms.
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the ‘Last updated’ date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
These Legal Terms and any dispute or claim (including non-contractual disputes or claims) arising out of them, their subject matter, or formation shall be governed by and construed in accordance with the law of England and Wales, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in an EU Member State to which we are directing our sales and marketing activities, and you are a Consumer, nothing in these Legal Terms shall prevent you from relying upon the mandatory Consumer protections of the law of the country of your habitual residence.
You and we both agree that the courts of England and Wales will have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Booking Conditions or their subject matter or formation. If your habitual residence is in an EU Member State to which we are directing our sales and marketing activities and you are a Consumer, you may also bring any claim otherwise subject to this clause in the courts of the country of your habitual residence.
Any dispute arising from or in connection with these Legal Terms or your use of the Services shall be dealt with by engaging in the first instance with each other in good faith to try and resolve such dispute before any formal legal process. If you have a complaint or wish to raise a concern, please do so by emailing support@jointrotter.com or by writing to us at 1 Berkley Street, London W1J 8DJ, United Kingdom.
We have no responsibility to you or any third party in connection with the Third-Party Services, which may be governed by their own dispute resolution procedures and terms. You acknowledge that we will not be able to resolve such disputes with Third-Party Service Providers and that enforcement of your rights under any agreements with Third-Party Service Providers is your responsibility.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time without prior notice.
We agree to provide the Services to ’Consumers’ (i.e., natural persons acting outside the individual’s trade, business, craft, or profession) with reasonable skill and care. Without prejudice to this duty, and to the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Services’ content or the content of any websites or mobile applications linked to the Services, and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Services, (5) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
In no event will we or our directors, employees, or agents be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action will at all times be limited to the amount paid by you for the Services over the 12-month period prior to the event giving rise to liability.
Nothing in this clause shall exclude or limit our liability for: (1) death or personal injury caused by our negligence; (2) fraud or fraudulent misrepresentation; (3) any matter for which it would be illegal for us to exclude or attempt to exclude our liability; and (4) breach of your statutory rights as a Consumer under applicable Consumer protection laws.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights (including but not limited to intellectual property rights) of a third party (including but not limited to Third-Party Service Providers); (6) any overt harmful act toward any other user of the Services with whom you connected via the Services; or (7) your use of the Third-Party Services whatsoever. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding, which is subject to this indemnification, upon becoming aware of it.
If you are a Consumer, this indemnity clause shall be applied fairly and reasonably, and nothing in this clause will limit or exclude your statutory rights as a Consumer under applicable law.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. You understand and acknowledge that we may share this data with Third-Party Service Providers where necessary for us to perform the Services.
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. Except to the limited extent set out in Section C, we shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Wintergreen Advisors Limited
1 Berkley Street
London W1J 8DJ
United Kingdom
support@jointrotter.com
