Terms &
Conditions
Any use by you of
the website operated by Dinewithus.co.uk (the "Site") is
conditional upon your acceptance of these Terms & Conditions, including our
Privacy Statement. We reserve the right to amend these Terms & Conditions
from time to time without notice and at our discretion. It is your
responsibility periodically to review this page for updates to these Terms &
Conditions, which shall come into effect once posted. Your continued use of the
Site will be deemed acceptance of these Terms & Conditions, including our
Privacy Statement.
IF YOU DO NOT
ACCEPT THESE TERMS & CONDITIONS PLEASE LEAVE THE SITE
NOW.
This Site is made
available by Dinewithus.co.uk part of
IMU-limited and its subsidiaries, affiliates, parent companies and
any of their related businesses are referred to in these Terms & Conditions
as "we", "us" or "our".
ALL
information included is to be used as a guide only. All content can change, and
it is the responsibility of the user to check the information with the outlet at
point of contact.
1. Rights - all rights in all material and
content (including, but not limited to, text, images, web pages, sound, software
(including, code, interface and website structure) and video, and the look and
feel, design and compilation thereof) at this Site are owned by us or our
licensors. You agree that you are permitted to use this material and/or content
only as set out in these Terms & Conditions or as otherwise expressly
authorised in writing by us or our licensors, and that you may not otherwise
copy, reproduce, transmit, publicly perform, distribute, commercially exploit,
adapt, translate, modify, bundle, merge, share or make available to any person,
or create derivative works of such material or content.
2. Intellectual Property - We are the owner
and/or authorised user of all trade marks, service marks, patents, copyrights,
database rights and all other intellectual property appearing on or contained
within the Site, unless otherwise indicated. Except as provided in these Terms
& Conditions, use of the Site does not grant you any right, title, interest
or license to any such intellectual property you may access on the Site. Except
as provided in these Terms & Conditions, any use or reproduction of the
intellectual property is prohibited.
3. Copying - You may view this Site and you
are welcome to print hard copies of material on it solely for your lawful,
personal, non-commercial use. All other copying, whether in electronic, hard
copy or other format, is prohibited and may breach intellectual property laws
and other laws world-wide. Furthermore, you are not entitled to reproduce,
transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge,
share or make available to any person, or create derivative works of such
material, or use it for commercial purposes, without our prior written consent.
All other rights are reserved.
4. Acceptable Usage Policy - This Site may
contain discussion groups, bulletin boards, chat rooms and other interactive
services. We support the free flow of information and ideas over the Internet
but do not actively monitor use of our discussion groups, bulletin boards or
chat rooms. Similarly, we do not exercise editorial control over the content of
any third party sites, electronic mail transmission, text message, news group,
bulletin board, chat room or other material created or accessible over or
through the Site. As a result, you may be exposed to content on the Site or on
sites accessible over or through the Site that you find offensive or
objectionable. However, we do reserve the right to monitor our discussion
groups, bulletin boards, chat rooms and other interactive portions of the Site
and to remove any content which, in our sole discretion, constitutes a misuse of
these interactive services and may restrict, suspend or terminate your use of
these services or the Site where we believe that there has been such a misuse.
The following
examples constitute a misuse of the interactive services:
(a) using the
services for any improper, unlawful or immoral purpose, causing any nuisance by
your use of the services or causing the operation of the services to be
jeopardised or impaired;
(b) using the
services to create, host or transmit (whether in a live chat room, on a bulletin
board or otherwise) any defamatory, offensive, or obscene material or engaging
in activities which would cause offence to others on grounds of race, religion,
creed or sex;
(c) using the
services to harm, or attempt to harm, minors in any way;
(d) using the
services to create, host or transmit any material that threatens or encourages
bodily harm or the destruction of property or would constitute a criminal
offence or give rise to civil liability;
(e) using the
services to create, host or transmit material which infringes the copyright,
trademark, patent, trade secret or other intellectual property or proprietary
rights of any other party;
(f) using the
services to create, host or transmit unsolicited advertising material to other
users;
(g) using the
services to create, host or transmit any material that harasses another; using
the services to make fraudulent offers to sell or buy products, items or
services;
(h) adding,
removing or modifying identifying network header information in an effort to
deceive or mislead;
(i) using the
services to access, or to attempt to access, the accounts of others or to
penetrate, or attempt to penetrate, our or a third party's security measures,
computer software, hardware, electronic communication system, or
telecommunications systems;
(j) using the
services to collect, or attempt to collect, personal information about third
parties without their knowledge or consent or to engage in screen scraping,
database scraping or any other activity with the purpose of obtaining lists of
users or other data;
(k) using the
services for any activity which adversely affects the ability of other people or
systems to use the services or the Internet generally;
(l) reselling,
repurposing or redistributing any services provided by us our contractors or our
licensees without our prior written consent; or impersonating any person or
entity or using a false name that you are not authorised to use.
This list only
serves to provide examples and is not meant to be an exclusive list of the type
of misuses of the interactive services that may result in the restriction,
suspension or termination of your access to the Site. Due to the global nature
of the Internet, users hereby agree to comply with all local rules regarding
on-line conduct and acceptable content. Users also agree to comply with any
applicable rules regarding the export of any data from any country.
The opinions
expressed in live chat rooms and/or posted on bulletin boards or on other
interactive services are not necessarily ours.. Any statements, advice and
opinions made by such participants are those of such participants only. We
neither endorse nor shall be held responsible for any such statements, advice or
opinions.
5. NO WARRANTIES - THIS SITE IS PROVIDED "AS
IS," AND YOUR USE THEREOF IS AT YOUR OWN RISK. WE, OUR OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS AND ASSIGNS, DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW,
ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE FREE FROM VIRUSES.
ALTHOUGH WE TAKE REASONABLE STEPS TO SECURE THE SITE, YOU ACKNOWLEDGE THAT THE
INTERNET IS NOT A COMPLETELY SECURE MEDIUM AND WE MAKE NO WARRANTIES, EXPRESS OR
IMPLIED, THAT ANY INFORMATION OR MATERIALS YOU POST ON OR TRANSMIT THROUGH THE
SITE WILL BE SAFE FROM UNAUTHORIZED ACCESS OR USE. IF YOU ARE DISSATISFIED WITH
THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
6.THIRD PARTY GOODS AND SERVICES - WE DO NOT
VOUCH FOR THOSE PERSONS, COMPANIES AND OTHER ORGANISATIONS WHOSE GOODS OR
SERVICES MAY BE ACCESSED OR DISPLAYED THROUGH OR ON THE SITE.
7. Your responsibility - You should always
verify the information set out in this Site with independent authorities before
acting or relying on it. It is your responsibility to use virus checking
software on any material downloaded from this Site and to ensure the
compatibility of such software with your equipment.
In circumstances
where you provide us with information relating to any third parties, you warrant
that you have received that third party's consent in relation to such disclosure
and that the third party has been informed of, and agrees to, our Privacy
Statement and the uses which we may make of such information.
8. NO LIABILITY - TO THE FULLEST EXTENT
PERMITTED BY LAW WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS,
HEREBY DISCLAIM ALL LIABILITY FOR ANY LOSS, COST OR DAMAGE (DIRECT, INDIRECT,
CONSEQUENTIAL ,OR OTHERWISE) SUFFERED BY YOU AS A RESULT OF YOUR USE OF THE SITE
OR FROM ANY COMPUTER VIRUS TRANSMITTED THROUGH THE SITE, OR OTHER SITES ACCESSED
FROM THIS SITE, WHETHER SUCH LOSS, COST OR DAMAGE ARISES FROM OUR NEGLIGENCE OR
OTHERWISE AND EVEN IF WE ARE EXPRESSLY INFORMED OF THE POSSIBILITY OF SUCH LOSS
OR DAMAGE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, COSTS,
LOSSES AND CAUSES OF ACTION IN THE AGGREGATE (WHETHER IN CONTRACT, TORT,
INCLUDING BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE) ARISING FROM THE TERMS
AND CONDITIONS, INCLUDING OUR PRIVACY POLICY, OR USE OF THE SITE EXCEED, IN THE
AGGREGATE, £100.00 (UK).
9. Materials submitted by you - Unless
specifically requested, we do not solicit nor do we wish to receive any
confidential, secret or proprietary information or other material from you
through the Site, any of its services, by email, or in any other way. Any
information or material submitted by you, and which has not been specifically
requested by us, will be deemed not to be confidential, secret or proprietary.
You agree that any information or materials submitted by you to this Site,
whether ideas, creative concepts or other materials, may be used, reproduced and
disclosed by us without restriction for whatever purpose we deem fit and without
payment of any sum or acknowledgement of you as their source. You also warrant
that any "moral rights" in posted materials have been irrevocably waived by the
appropriate authors. WE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED
BY YOU AS A RESULT OF USE OR DISCLOSURE OF SUCH MATERIALS BY US TO THE EXTENT
PERMITTED BY LAW. This paragraph 8 does not affect any rights you may have under
data privacy laws that protect your personal information or similar privacy
laws, to the extent that such rights cannot be excluded..
10. User Information - In the course of your
use of the Site, you may be asked to provide personal information to us (such
information referred to hereinafter as "User Information"). Our information
collection and use policies with respect to such User Information are set forth
in the Site Privacy Policy, which Privacy Policy is incorporated into these
Terms & Conditions by reference. You acknowledge and agree that you are
solely responsible for the accuracy and content of the User Information.
11. Links from and to the Site - You
acknowledge and agree that we have no responsibility for the information
provided by Web sites to which you may link from this Site ("Linked Sites").
Links to Linked Sites do not constitute an endorsement by or association with us
of such sites or the content, products, advertising or other materials presented
on such sites. We have no control over these Linked Sites and do not edit or
monitor them. You acknowledge and agree that we are not responsible or liable,
directly or indirectly, for any damage, loss or cost caused or alleged to be
caused by or in connection with use of or reliance on any such content, goods or
services available on such Linked Sites.
12. Indemnity - You will indemnify us against
any loss, damage or cost incurred by us arising out of your use of the Site, any
of its services or any information accessible over or through the Site,
including information obtained from linked sites, your submission or
transmission of information or material on or through the Site or your violation
of these Terms & Conditions or any other laws, regulations and rules. You
will also indemnify against any claims that information or material which you
have submitted to us is in violation of any law or in breach of any third party
rights (including, but not limited to, claims in respect of defamation, invasion
of privacy, breach of confidence, infringement of copyright or infringement of
any other intellectual property right). We reserve the right to exclusively
defend and control any claims arising from the above and any such
indemnification matters and that you will fully cooperate with us in any such
defenses.
13. Restriction, Suspension and Termination -
We may restrict, suspend or terminate your access to the Site and/or your
ability to avail of any of the services on the Site, including interactive
services, if we believe that you have breached these Terms & Conditions at
any time. Any such restriction, suspension or termination will be without
prejudice to any rights which we may have against you in respect of your breach
of these Terms & Conditions. We may also remove the Site as a whole or any
sections or features of the Site at any time. Please note that we have the
ability to trace your IP address and if necessary contact your ISP in the event
of a suspected breach of these Terms & Conditions.
14. Entire Agreement - These Terms &
Conditions, including our Privacy Policy, constitutes the entire agreement
between you and us in relation to its subject matter and supersedes any and all
prior promises, representations, agreements, statements and understandings
whatsoever between us. To the extent that software is available through the
Site, such software may be subject to a license agreement that is distributed or
included with such software and you agree to abide by the terms and conditions
of any such license agreements. The failure by us to exercise or enforce any
right or provision of the Terms & Conditions shall not constitute a waiver
of such right or provision. If any provision of the Terms & Conditions is
found by a court of competent jurisdiction to be unenforceable or invalid, the
parties nevertheless agree that the court should endeavour to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
the Terms & Conditions shall remain in full force and effect.
15. Law and Jurisdiction - These Terms &
Conditions, including the Privacy Policy and any matter relating to this Site,
shall be governed by English law. To the extent that software is accessible
through this site, such software may be subject to export, re-export and/or
import controls imposed by the United States or any other jurisdiction and may
not be downloaded or otherwise exported or re-exported: (a) into (or to a
national or resident of ) any country to which the U.S. has placed an embargo,
including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or
Yugoslavia; (b) to anyone on the U.S. Treasury Department's Specially Designated
Nationals list, or (c) in violation of the U.S. Commerce Department's Table of
Denial Orders. If you download or use the software, you represent and warrant
that you are not located in, or under the control of, or a national or one any
such country or on any such list.
Privacy
Statement
By
providing your personal details to us, you signify your acceptance of our
Privacy Statement. If you do not agree to this statement, please do not provide
your personal details to us. This privacy statement is incorporated into, and
part of, the Terms and Conditions, which govern your use of the site in general.
We will use your information for the purposes set out in paragraph 5 below. You
will have an opportunity to unsubscribe whenever we communicate with you.
We may need to
update this privacy statement from time to time. We recommend that you regularly
check this page to ensure that you have read the most recent version.
1.
Collecting personal information
You can decide what
personal information you provide to us. We will only collect personal
information that you choose to provide. Where possible, we will enable you to
select how we will use this information (for example, by choosing to opt-in or
opt-out of receiving special promotional offers).
You may choose to
provide us with personal information if, for example, you: contact us with an
enquiry; register on the site, fill out a survey or other form with your
personal information included; request us to provide you with information; enter
a competition; post information to public areas of the site or participate in a
promotion.
You have the
opportunity to choose not to opt-in receive communications from us at any point
where we request information about you.
By providing any
personal information to us, you fully understand and clearly consent to the
transfer of such personal information to, and the collection and processing of
such information in, other countries or territories. Any such transfer and
processing by us will be in accordance with this privacy policy.
Third
parties (including but not
limited to software providers, advertisers and ad placement agencies) may also
use tracking technologies by or through the site. We have no responsibility or
liability for any tracking, data collection or other activities of such third
parties.
2.
Our use of personal information
We will use
information collected from you in the following ways:
Marketing
purposes. We may use
information for internal marketing analysis, for example, to assess trends
amongst our consumers or to measure the amount of traffic to our websites. We
may also use your personal information in order to communicate with you about
our products and services and those of our subsidiaries, affiliates, and parent
companies and any of their related businesses. However, you will be able to
choose whether or not to receive such communications when you first provide
personal information to us. We may also share non-personal information with
others, such as advertisers, in aggregate anonymous form, which means that the
information will not contain any personally identifiable information about you.
Transactional
purposes. We may use your
personal information in order to respond to your queries and requests and to
manage transactions such as credit card payments for any goods that you order
from us or any of our agents, or for the fulfilment of such transactions (e.g.
delivery). The personal information you provide may be used by an authorised
vendor to fulfil that order.
Third
party offers. We may arrange
for carefully selected organisations to send you marketing and promotional
information that may be of interest to you. In such circumstances your personal
information may be disclosed to these organisations who will agree to be bound
by the terms of this privacy statement. We will obtain your permission before we
send you any such communications.
Public
(or Interactive) Areas of the Site. Information that
you post on or through the public areas of the site (e.g., chat rooms, bulletin
boards and discussion groups) are generally accessible to, and may be collected
and used by, others and may result in unsolicited messages or other contact from
others. Users of the site are encouraged to exercise caution when providing
personal information about themselves in public areas of this site.
Sale and Transfer. In the event of a
sale, merger, consolidation, change in control, transfer of substantial assets,
reorganisation or liquidation, we may transfer, sell, or assign to third parties
information concerning your relationship with us, including without limitation,
personally identifiable information that you provide and other information
concerning your relationship with us.
Administration
and Data Management. We may transfer
your personal information to third parties under confidentiality obligations
when the performance of any service in relation to the activities above is
sub-contracted (e.g. the administration of a marketing campaign).
Legal
purposes. We may disclose
your personal information if permitted by law or required to do so by law or
where we believe such action is necessary in order to protect or defend our
interests or the interests of our customers or users of our site.
Links. This site may
contain links or references to other Web sites outside of our control. Please be
aware that we have no control over these sites and our privacy statement does
not apply to these sites. We encourage you to read the privacy statements and
terms and conditions of linked or referenced sites you enter.
3.
Use of cookies
In common with many
websites, we use "cookies" to help us gather the following information from
visitors to Dinewithus.co.uk, for example:
· the IP address
from which you access the site
· the type of
browser and operating system used to access the site
· the date and time
of your access to the site
· the pages you
visit
· the internet
address of the website from which you accessed the site
A cookie is a small
data file that our server sends to your browser when you visit the site. The use
of cookies helps us to assist your use of certain aspects of the site. You can
delete cookies at any time or you can set your browser to reject or disable
cookies. If you do disable cookies some functions on the site may not work
correctly.
We use information
from cookies, for example, to learn about the number of visitors to our site and
the type of technology that our visitors use. Cookies help us to monitor what
sort of content is popular and to assess visitors browsing habits. When a user
revisits the site, we may recognise the user by the cookie and customise the
user's experience accordingly. We can use this information to continually
improve the content and usability of the site.
We may compile and
report to third parties (such as advertisers) aggregate statistics about our
users in terms of numbers, traffic patterns and related site information.
We do not connect
the information collected through cookies with other information that is
personally identifiable, unless required or permitted to do so by law or to
enforce the Terms & Conditions.
4.
How we protect your information
We take security
seriously and we take precautions to keep your personal information secure. We
have put in place appropriate physical, electronic and managerial procedures to
safeguard the information we collect. However, due to the open communication
nature of the Internet, toptable.co.uk cannot guarantee that communications
between you and Dinewithus.co.uk, or information stored on toptable.co.uk
servers, will be free from unauthorised access by third parties.
5.
Your details and contacting us
You can check what
personal information we hold about you, update your information, ask us to
remove your information, correct any inaccuracies in such personal information
or ask us questions about our Privacy Statement, by contacting us at
This email address is being protected from spam bots, you need Javascript enabled to view it
We will make every effort to respond to your request in a timely
manner.