Your access to and use of www.eatinginlondon.co.uk (“the Website”) is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
3 CHANGES TO WEBSITE
www.eatinginlondon.co.uk reserves the right to:
3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that www.eatinginlondon.co.uk shall not be liable to you for any such change or removal; and
3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
4 LINKS TO THIRD PARTY WEBSITES
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
5.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to www.eatinginlondon.co.uk or otherwise used by www.eatinginlondon.co.uk as permitted by law.
5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
6 DISCLAIMERS AND LIMITATION OF LIABILITY
6.1 The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
6.2 To the extent permitted by law, www.eatinginlondon.co.uk will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
6.3 www.eatinginlondon.co.uk makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
6.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of www.eatinginlondon.co.uk for death or personal injury as a result of the negligence of www.eatinginlondon.co.uk or that of its employees or agents.
You agree to indemnify and hold www.eatinginlondon.co.uk and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against www.eatinginlondon.co.uk arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
9 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.
10 COMPANY DETAILS
Eating In London Limited is Registered in England and Wales, Company Number X
Registered Office: Eating In London, Kemp House, 152-160 City Road, London, EC1V 2NX.
Subscriber Agreement for use of the EIL Map Business Listing
1.1 “Buyer” means the individual or organisation who buys or agrees to buy the Services from the Supplier;
1.2 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 “Contract” means the contract between the Supplier and the Buyer for the provision of Services incorporating these Terms and Conditions;
1.4 “Services” means the services that the Buyer agrees to buy from the Supplier;
1.5 “Supplier” means Eating In London Limited of Kemp House, 152-160 City Road, London, EC1V 2NX. that owns and operates www.eatinginlondon.co.uk;
1.6 “Terms and Conditions” means the terms and conditions for the provision of Services set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
1.7 “Abuse” means the sharing of login details, passwords or any other information which allows a person or entity not authorised by the Supplier to gain access to the service.
1.8 “Website” means www.eatinginlondon.co.uk.
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the provision of Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.4 Any complaints should be addressed to the Supplier’s address stated in clause 1.5.
2.5 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.
3.1 All orders for Services shall be deemed to be an offer by the Buyer to purchase Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
3.2 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in Registration Section.
4 PRICE AND PAYMENT
4.1 The price of the Services shall be that stipulated on the Website.
4.2 The total purchase price, including VAT, if any, will be displayed prior to confirming the order. Any future invoices can be viewed under the account tools when logged in.
4.3 After the order is received the Supplier shall receive a confirmation email of their account.
4.4 Payment of the price plus VAT, if applicable, must be made by Credit/Debit Card . All invoices can only be viewed under your account tools, you will not be sent monthly copies of these invoices.
4.5 The subscription will continue and renew automatically, until you cancel, you can cancel at any point at the ‘account tools’ section of the site. If there are any monthly, or similar periodic fees for your subscription (including any applicable taxes), these fees will be billed automatically to the credit card designated during the registration process for the Site or subsequently designated by you to Eating In London, at the start of the annual or similar period, and at the start of each renewal period, unless you terminate your subscription before the relevant period begins.
4.6 We offer a 21 day guarantee , if for any reason you are not happy with the product let us know within the 21 days and we will offer a full refund. All fees and charges after this time (including any applicable taxes) are non- refundable. Sadly we cannot offer a refund for failure to cancel the subscription prior to the next billing date. By agreeing to these terms you agree to not request a refund for failure to cancel, or seek a repayment chargeback from your bank.
4.6 From time to time Eating In London may adjust the annual fees by giving you notice in advance. All fees and charges (including any applicable taxes) incurred in connection with Eating In London and passwords will be billed to the credit card designated during the registration process for the Site or subsequently designated by you to Eating In London.
4.7 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of the relevant Service until payment has been received.
5 USER ACCESS
5.1 By purchasing the service the buyer agrees not to share their access details with any other person or entity except those authorised by the supplier prior to ordering the service.
5.2 Users or Buyers who abuse the services offered by the supplier shall be liable for monies owed until the end of their contract term or if after the end of their contract term after the next payment date.
5.3 User must not republish material from this website (including republication on another website);
5.4 User must not sell, rent or sub-license material from the website;
5.6 User must not show any material from the website in public
6 COPYRIGHT CLAIMS
6.1 Eating In London responds to notices of alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act (DMCA). If we notice suspicious activity on your account with high data downloads, your account maybe suspended instantly and you will no longer have access to our service.
7.1 The Supplier shall begin to perform the Services from the time that the order process is complete.
7.2 The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.
7.3 Eating In London operates a fair use policy, if we suspect the fair use is being abused your account maybe suspended or cancelled with immediate effect. You will not receive a refund for the remainder of the subscription period.
8 RIGHTS OF SUPPLIER
8.1 The Supplier reserves the right to withdraw the Services from the Website at any time and cancel your access with immediate effect , if it is deemed that you have suspicious activity on the account, no refund will be given for any remainder time on the account.
8.2 The Supplier shall not be liable to for withdrawing Services from the Website or for refusing to process an order.
8.3 If the Supplier discovers that the Buyer is not legally entitled to order certain Services, the Supplier shall be entitled to cancel the order immediately, without notice.
9.1 The Buyer has the right to cancel the Contract at any point you can cancel by going to the ‘Account Settings’. Cancellation is instant.
10 LIMITATION OF LIABILITY
10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.
11.1 No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this agreement shall prejudice its rights to do so in the future.
12 FORCE MAJEURE
12.1 The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system, and the Supplier shall be entitled to a reasonable extension of its obligations.
13.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
14 GDPR COMPLIANCE
14.1 As per regulations that became enforceable on 25th May 2018 Eating In London Limited is compliant with GDPR. As part of this we will ensure that all personal contact information for EU contacts contained on Eating In London will be opt in and that opt in has been acquired within the last 6 months as stipulated, and we are therefore, on an ongoing basis, compliant with GDPR.
14.2 Contact information is gathered either via the public domain where contacts are listed as a person to contact in relation to project, or directly from the contact themselves. In the case of the latter we ask permission from the contact to add their information and contact details to Eating In London and be made available to our clients where appropriate.
14.3 In addition, every 3 months we email all contacts on our database to remind them of this information we share on them and enable them to opt out or update their information. When responding the contacts are able to opt out of having any or all information held on the database.
14.4 While it is standard practice, clients are also advised to ensure they have an unsubscribe link in all emails.
15 CHANGES TO TERMS AND CONDITIONS
15.1 The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
15.2 Any renewal of the Services will be subject to the Supplier’s then current Terms and Conditions.
16 GOVERNING LAW AND JURISDICTION
16.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
17 COMPANY DETAILS
Eating In London is Registered as a sole trader in England and Wales.
Registered Office: Eating In London, Kemp House, 152-160 City Road, London, EC1V 2NX.
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