Sheldrakes Restaurant Ltd Site and Service Terms of Use

This page sets out the terms for the use of the Sheldrakes Restaurant Site and the Services we offer.

1. SOME BASICS YOU SHOULD KNOW ABOUT THESE TERMS AND CONDITIONS

1.1 What this document is and who we are: You are reading a legal document which is the agreement between you, the Customer (whom we refer to as “you”, “your” or the “Customer” in this document) and us. You are agreeing to the terms of use that appear below, all of which are called the “Agreement”. We are Sheldrakes Restaurant Ltd and we are the operator of this Site. We are a company registered in England at Sheldrakes Restaurant, Banks Road, Lower Heswall, Wirral, CH60 9JS. Our company number is 4922416 and our VAT number is GB 824 894 885

1.2 What we do and what this Agreement covers: We provide the Services on the Site and we sell Vouchers. This Agreement is a legal contract between you and us for the provision of these Services, including our operation of the Site, processing your payment, allowing you to manage your Sheldrakes Restaurant Ltd account, etc. Please note that when you Purchase a Voucher from the Site we also operate as a seller and our Voucher Terms of Sale will also apply to your Purchase.

1.3 Email marketing and us: We send email newsletters and other communication to you. In order to send emails to you, we need to know a little bit about you. Take a look at our data collection and processing practices in our Privacy Policy for details.

1.4 Your use of this Site and our Services: The Site and our Service are for your non-commercial, personal use only and not for business purposes, except as separately permitted by us in writing. You may access the Site only through our app, standard web and mobile browsers and similar consumer applications, but not with any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, or data mine our Site, via scraping or otherwise. As an exception, revocable at any time by us, operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.

1.5 Prevention on use: We reserve the right to prevent you from using the Site and the Service (or any part of them).

1.6 Definitions: In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. These are all defined within or at the end of this Agreement in Clause 12.

2. REGISTERING WITH US AND YOUR ACCOUNT

2.1 Why Register?: Depending on the particular functionality of our Site at any time, you may or may not need to Register to use much of its functionality or to access much of our Service. However, you must Register in order to make a Purchase. This is so that we can provide you with easy access to print your Voucher, view your past Purchases (of Vouchers, or whatever), store any Sheldrakes Restaurant Ltd Credit for you and modify your preferences. We reserve the right to decline a new Registration or to cancel an account at any time. You Register with us so you don’t have to re-enter your information every time you buy something.

2.2 How to Register: To Register you need to supply us with your name, postcode, email address, and possibly some other personal information.

2.3 Passwords: During Registration, you will also need to supply us with your password. You must keep the password confidential and immediately notify us if any authorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You agree that (so long as it is not the fault of Sheldrakes Restaurant Ltd) we are not responsible or liable in the event that a person to whom your password is disclosed uses (and/or transacts via) our Site and Service. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.

2.4 Valid Email Address: During Registration, all accounts must be registered with a valid personal email address that you access regularly. Any accounts which have been registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require users to re-validate their accounts if we believe they have been using an invalid email address.

2.5 Passwords: Sheldrakes Restaurant Ltd may send you administrative and promotional emails. We may also send you information regarding your account activity, updates about our Site and Service, as well as other promotional offers. We may also send you information regarding Purchases you’ve made. (You can opt-out of our promotional e-mails at any time by clicking the unsubscribe link at the bottom of any of such e-mail correspondence and by managing your subscriptions in our subscription centre.)

3. STANDARDS AND Sheldrakes Restaurant Ltd LIMITATION OF LIABILITY

3.1 The standards we operate under: Sheldrakes Restaurant Ltd always tries its best at what it does! To give some legal backing to this, we warrant that we will exercise reasonable care and skill in performing any obligation under this Agreement, and we will not contravene the requirements of professional diligence in what we do.

3.2 If there is a conflict: If there’s a conflict between what we say in different parts of this Agreement, this Clause 3 takes precedence over all other sections and provisions of this Agreement and sets out our entire Liability, and your sole and exclusive remedies, in respect of the performance, non-performance, purported performance or delay in performance of this Agreement or the Service or Site (or any part of them); or otherwise in relation to this Agreement or the entering into or performance of this Agreement.

3.3 What we are always responsible for: Nothing in this Agreement shall exclude or limit our Liability for any Liability which cannot be excluded or limited by applicable law (such as for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or any other non-excludable statutory rights).

3.4 What you can and cannot take legal action against us for: If we mess up in any way, ultimately you can take action against us for a breach of contract (i.e. for breach of this Agreement) but for nothing else (such as suing for a tort).

3.5 Categories of loss that we are not responsible for: To the extent permitted by law (and subject to Clause 3.3, please note that we shall have no Liability for:

3.5.1 loss of revenue;

3.5.2 loss of actual or anticipated profits;

3.5.3 loss of contracts;

3.5.4 loss of the use of money;

3.5.5 loss of anticipated savings;

3.5.6 loss of business;

3.5.7 loss of opportunity;

3.5.8 loss of goodwill;

3.5.9 loss of reputation;

3.5.10 loss of, damage to or corruption of data; and

3.5.11 indirect or consequential loss.

The law on interpretation of limitations and exclusions of liability is extremely complicated – and, to be frank, a bit bananas! So to make sure this clause means what we think it means, please therefore note that apart from what we set out in Clause 3.3 of this Agreement, we understand the words “consequential loss” to mean “consequential losses whether those losses are foreseeable, known, foreseen or otherwise”.

3.6 Limits of Liability: Apart from what we set out in Clause 3.3 of this Agreement (for which we have unlimited liability) and apart from what we say in Clause 3.5 (where we set out where we are never responsible), our total Liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to £50.

3.7 Invalid or unenforceable parts of this Agreement: The limitation of Liability under Clause 3.6 above also has effect in relation to any Liability arising because of the invalidity or unenforceability of any term of this Agreement.

 

4. YOUR OBLIGATIONS

4.1 Accurate information: You promise us that all information provided on Registration and contained as part of your account during the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your account.

4.2 Content on the Site: It is your responsibility to ensure that any items or information available through the Site meet your specific requirements.

4.3 Things you cannot do: Without limitation, you undertake not to use or permit anyone else to use the Site or Service:

4.3.1 to send or receive any material which is not civil or tasteful;

4.3.2 to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;

4.3.3 to send or receive any material for which you have not obtained all necessary licenses and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;

4.3.4 to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);

4.3.5 to cause annoyance, inconvenience or needless anxiety;

4.3.6 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;

4.3.7 for a purpose other than which we have designed them or intended them to be used;

4.3.8 for any fraudulent purpose; or

4.3.9 in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.

4.4 Forbidden uses: The following uses of the Site are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:

4.4.1 resell the Service or Site;

4.4.2 furnish false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;

4.4.3 attempt to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan);

4.4.4 access the Site or Service in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;

4.4.5 execute any form of network monitoring which will intercept data not intended for you;

4.4.6 send unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;

4.4.7 create or forward “chain letters” or other “pyramid schemes” of any type, whether or not the recipient wishes to receive such mailings;

4.4.8 send malicious email, including flooding a user or site with very large or numerous emails;

4.4.9 enter into fraudulent interactions or transactions with us (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);

4.4.10 use the Site or Service (or any relevant functionality of either of them) in breach of this Agreement;

4.4.11. use in an unauthorised manner, or forge, mail header information; or

4.4.12. engage in any unlawful activity in connection with the use of the Site and/or the Service or any item.

4.5 Equipment: The use of the Site and the Service do not include the provision of a computer or other necessary equipment to access the Site or the Service. To use the Site or Service, you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur.

5. RULES ABOUT USE OF THE SITE AND THE SERVICE

5.1 Errors and omissions: We are not liable for errors or omissions if we have complied with the standards set out in Clause 3 of this Agreement. We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. We reserve the right to change, modify, substitute, suspend or remove without notice any information or item or Service on the Site or forming part of the Service from time to time should we reasonably have the need (or perceive the need) to do so.

5.2 Viruses and similar stuff: We do not give any warranty that the Site or the Service are free from viruses or anything else which may have a harmful effect on any technology.

5.3 Stopping access: Although we will try to allow uninterrupted access to the Site and the Serivce, access to the Site and the Service may be suspended, restricted or terminated at any time should such interruption be reasonably required by us. Your access to the Site and/or the Service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We also reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of this Agreement.

5.4 Closing accounts: We reserve the right to close accounts if any user is violating our terms of use (including this Agreement), including if a user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple Sheldrakes Restaurant Ltd accounts, or if a user pretends to be located in a country different from where he actually resides, or if a user disrupts the Site or the Service in any way.

5.5 Multiple logins: If you use multiple logins, if we do take any action against you, you may have action taken against all of your accounts.

6. SUSPENSION AND TERMINATION

6.1 If you use (or anyone other than you, with your permission uses) the Site or Service in contravention of this Agreement, we may suspend your use of the Site and/or Service (in whole or in part).

6.2 If we suspend the Site or Service, we may refuse to restore the Site or Service until we receive an assurance from you, in a form we deem acceptable that there will be no further breach of the provisions of this Agreement.

6.3 Sheldrakes Restaurant Ltd shall fully co-operate with any law enforcement authorities or court order requesting or directing Sheldrakes Restaurant Ltd to disclose the identity or locate anyone in breach of this Agreement.

6.4 Without limitation to anything else in this Clause 6, we shall be entitled immediately or at any time (in whole or in part) to: i) suspend the Site and/or Service; ii) suspend your use of the Site and/or Service; iii) suspend the use of the Site and/or Service for persons we believe to be connected (in whatever manner) to you; and/or iv) terminate this Agreement immediately if:

6.4.1 you commit any breach of this Agreement;

6.4.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of this Agreement; or

6.4.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.

6.5 Notwithstanding anything else in this Clause 6, we may terminate this Agreement at any time.

6.6 Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

7. DATA PROTECTION

7.1 Please see our Privacy Policy which forms part of this Agreement.

8. ADVERTISEMENTS

8.1 Any advertisements may be delivered on our behalf by a third party advertising company, which may place or recognise a unique “cookie” on your browser. If you would like more information about this practice and to know your choices about not having this information used by any company, see our Cookies Policy.

9. LINKS TO AND FROM OTHER SITES

9.1. Where the Site contains links to third party sites and to resources provided by third parties (together “Other Sites”), those Other Sites are merely linked to provide information only and are solely for your convenience. We have no control over and do not accept, and we assume no responsibility for, Other Sites or for the content or products of Other Sites (including, without limitation, relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party Sites linked to the Site, you do so entirely at your own risk.

10. INTELLECTUAL PROPERTY RIGHTS

10.1 All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs, whether registered or unregistered) in the Site and Services (subject to Clause 10.4 below), information content on the Site or accessed as part of the Service, any database operated by us and all the Site design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.

10.2 None of the material listed in Clause 10.1 above may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Site on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without our permission.

10.3 All rights (including goodwill and, where relevant, trade marks) in the “Sheldrakes Seasonal Steals” names are owned by members of the Sheldrakes Restaurant Ltd or its licensors. Other product and company names mentioned on the Site are the trade marks or registered trade marks of their respective owners.

10.4 Title, ownership rights and intellectual property rights in and to the content accessed using the Service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. This Agreement gives you no rights to such content.

10.5 The authors of the literary and artistic works in the pages in the Site have asserted their moral rights to be identified as the author of those works.

10.6 Any material you transmit or post or submit to the Site (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation and subject to any details you provide relating to receiving money from you. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (e.g., via email, the Site or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material for the purpose of operating the Site and providing the Service.

11. GENERAL

11.1 Interpretation: In this Agreement:

11.1.1 words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;

11.1.2 clause headings such as (“12. GENERAL” at the start of this Clause) and clause titles (such as “Interpretation:” at the start of this Clause 12.1) are purely for ease of reference and do not form part of or affect the interpretation of this Agreement; and

11.1.3 references to “include” and “including” shall be deemed to mean respectively “include(s) without limitation” and “including without limitation”.

11.2 No partnership/agency: Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

11.3 No other terms: Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.

11.4 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any person.

11.5 Events beyond our reasonable control: We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control.

11.6 Entire agreement: This Agreement (and our Privacy Policy) contain all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this Agreement except as expressly stated in this Agreement. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into this Agreement (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party’s ability to perform this Agreement) and that party’s only remedies shall be for breach of contract as provided in this Agreement.

11.7 No waiver: No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your Liability under this Agreement.

11.8 Notices: Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.

11.9 No third party rights: All provisions of this Agreement apply equally to and are for the benefit of Sheldrakes Restaurant Ltd and third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of this Agreement is otherwise enforceable by any person who is not a party to it. This means that other than as set out in the first sentence above, you and us are the only people who can enforce the terms of this Agreement.

11.10 Survival: In any event, the provisions of Clauses 1, 3, 5, 7, 11, 12 and 13 of this Agreement, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement. In the event you use the Site or Service again, then the provisions of the terms and conditions that then apply will govern your re-use of the Site or Service.

11.11 Severability: If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this Agreement shall not be affected.

11.12 Governing law: We will do our best to resolve any disputes about this Agreement. If you wish to bring a legal claim against us, you must do so within the United Kingdom (and English courts shall have the exclusive jurisdiction for your legal claim). If you live in England and Wales, the laws of England shall apply; if you live in Scotland, then Scottish law shall apply; if you live in Northern Ireland, then Northern Irish law shall apply. The previous sentence applies to all non-contractual relationships between you and us.

12. DEFINITIONS
12.1 In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean:

12.1.1Liability” means liability in or for any cause of action whatsoever (including breach of contract, tort, misrepresentation, restitution or any other cause of action whatsoever) relating to or arising under or in connection with this Agreement (including liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement) – and for the purposes of this definition, all references to “Agreement” shall be deemed to include any collateral contract.

12.1.2Merchant” means a seller of goods and/or services for which a Voucher can be redeemed.

12.1.3Purchase” means the purchase of an item from the Site.

12.1.4Register” means to create an account on the Site, and “Registration” means the action of creating an account.

12.1.5Service” means all or any of the services provided by Sheldrakes Restaurant Ltd via the Site (or via other electronic – or other – communication from Sheldrakes Restaurant Ltd) including mobile applications, our newsletter, emails we send you and the information services and content and transaction capabilities on the Site (including the ability to make a Purchase).

12.1.6Site” means websites, mobile applications, electronic communications or services, social networking sites, or any individual, business partner-specific, merchant-specific, city-specific, or other area-specific websites that link to or reference these terms of use.

12.1.7Voucher” means a voucher which is sold by Sheldrakes Restaurant Ltd and can be exchanged for the goods and/or services described on the voucher from a relevant Merchant, subject to terms and conditions listed on the voucher itself and/or on the deal page of the Site from which the voucher was Purchased.
This Agreement was most recently updated on 18 September 2013.