Terms and conditions
THIS DOCUMENT SETS OUT THE TERMS AND CONDITIONS (“TERMS”) ON WHICH ARTFUL HOLDINGS LIMITED (“WE”, “US” OR “OUR”) PROVIDE YOU (“YOU”, “YOUR” OR “USER”) WITH ANY OF THE SERVICES (“SERVICES”) OFFERED ON ITS WEBSITE WWW.ARTFULEATER.COM (“WEBSITE”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. YOU ACKNOWLEDGE THAT BY USING THE SERVICES OFFERED BY US, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO USE THE SERVICES OFFERED BY US. IF YOU ARE USING THE SERVICES ON BEHALF OF YOUR EMPLOYER OR ACTING AS AN EMPLOYEE, YOU WARRANT THAT YOU ARE AUTHORISED TO ENTER INTO LEGALLY BINDING CONTRACTS ON BEHALF OF YOUR EMPLOYER. THE SAME RIGHTS, LIMITATIONS AND RESTRICTIONS SHALL APPLY TO YOUR EMPLOYER. YOU AGREE THAT THESE TERMS ARE ENFORCEABLE AS IF THEY WERE A WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOUR EMPLOYER.
YOU ARE ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS FOR YOUR FUTURE REFERENCE.
THESE TERMS MAY BE SUBJECT TO CHANGE, AND ACCORDINGLY YOU ARE ADVISED TO REFER BACK TO THESE TERMS FROM TIME TO TIME AND BEFORE REGISTERING WITH THE WEBSITE.
IMPORTANT NOTICE: We do not endorse or support any view or advice given on the Website. All Articles are created by their respective writers or other third party and you rely on them at your own risk. We are in no way liable for your reliance on, or use of, any advice or guidance given in Articles or otherwise given on the Website.
INFORMATION ABOUT US AND THE WEBSITE
- Who we are. The Website is owned and managed, operated and maintained by Artful Holdings Limited, a company registered in England and Wales with registered company number 09552494, and having its registered address at 9 Mansfield Street, London, United Kingdom, W1G 9NY.
- How to contact us. You can contact us in writing to the postal address at clause 1.1 or by email to firstname.lastname@example.org.
- How we may contact you. If we have to contact you we will do so by writing to you at the email address that you provide us during your registration as a Member.
- "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
- The purpose of our Website. The Website is an online platform whereby Members can access and view Articles in relation to reviews and other information about restaurants. Subject to clause 6.2, the Website allows you to access, view and download Articles.
- To enable us to provide the Website and the Services, we require the input, support and/or assistance from certain “Partners”, which will include the writers of Articles. We may reference these Partners on the Website from time to time as well as providing you more information on such Partner. Partners will be able to post Articles on the Website, and may access and view all other Website content in the same way as a Member.
Assurances we require from you. You:
- are at least 18 years old;
- have the capacity to agree to these Terms; and
- are not in any way prevented by law in the country which you are currently located to enter into these Terms.
- Assurances we require from you. You:
- As a “Member”, you may access the Website and Services without registering your details through the Website. You will be able to use the Website as a Member free of charge and make use of the Services, including the ability to browse Articles and other Website content.
- Registering to receive e-mail updates on the Website. As a Member, you can also register to receive e-mail updates from us from time to time. To register to receive e-mail updates from us, you will need to complete the registration details on the Website, which will require your name and email address.
- Details on the registration process. By registering your details to receive e-mail updates from us, you consent to us conducting verification and security procedures in respect of the information provided by you online.
- You hereby warrant that the information provided by you to us is true, accurate and correct. You further warrant that you shall promptly notify us in the event of any changes to such information.
- Upon the completion and submission of the online registration form on the Website, in respect of receiving e-mail updates from us, you shall be sent a verification email (“Verification Email”) to the email address you provided on the registration form.
FORMATION OF CONTRACT BETWEEN US
- How your Contract with us is formed. Your contract (“Contract”) with us shall commence at such time as you begin to make use of the Website and/or the Services.
We can reject your registration. Notwithstanding clause 4.1, we can:
- accept or reject your application to register to receive e-mail updates from us for any reason; and
- refuse you access to the Services and/or Website (partly or wholly) if you breach any of the provisions hereunder.
- How long will your Contract with us continue. Unless otherwise expressly set out to the contrary herein, your Contract with us shall remain in force for the duration of your use of the Services, or until terminated in accordance with these Terms.
- How you can terminate your Contract. As a Member, you may terminate your Contract with us at any time by contacting us at the contact details outlined at clause 1.2.
- We can terminate your Contract. We may terminate your Contract at any time and for any reason by providing fourteen (14) days’ notice to you in writing.
Suspending your access to the Website or terminating your Contract. We may suspend your access to the Services and/or Website
or terminate your Contract at any time and without notice to you if:
- the third party services and network providers cease to make the third party service or network available to us;
- we believe that you have failed to comply with one or more of these Terms;
- we believe that there has been fraudulent use, misuse or abuse of features or functionalities of the Services and/or Website (in whole or in part);
- we believe that you have provided any false, inaccurate or misleading information; or
- we believe that you are not acting in a personal capacity.
- You agree that you are solely responsible and liable for all activities on the Website.
What you can and can’t post on the Website. You shall not post on the Website, through your use of the Services, any information,
comments, images, reviews, third party URL links or other material whatsoever in any format (“Submissions”),
that may reasonably be deemed to be offensive, illegal, inappropriate or that in any way:
- promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harass or advocate harassment of another person;
- display pornographic or sexually explicit material;
- promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
- promote any illegal activities;
- provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
- promote or contain information that you know or believe to be inaccurate, false or misleading;
- engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without our prior written consent; or
- infringe any rights of any third party.
- Reporting content or Articles on the Website. If you feel that any Article or other content available on the Website is objectionable, please contact us using the contact details set out at clause 1.2. We shall use our reasonable endeavours to review the relevant Article or other content as soon as is practicable and shall take such action as we deem necessary, if any at all.
More restrictions regarding your use of the Website. You further agree that at all times, you shall:
- not use the information presented on or obtained using the Website or derived from the Services for any purposes other than those expressly set out in these Terms;
- not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Website or in respect of the network;
- not use the Website, the content therein and/or do anything that will infringe the intellectual property rights or other rights of any third parties;
- comply with all instructions and policies from us from time to time in respect of the Services and the Website;
- co-operate with any reasonable security or other checks or requests for information made by us from time to time; and
- use the information made available to you on the Website and through the Services at your own risk.
- What happens if you are in breach of this clause 5. In the event that we, in our sole and absolute discretion, consider that you have breached any of the terms set out in this clause 5, we reserve the right to immediately terminate, without notice, your use of and access to the Services and the Website. In the case of any illegal use of the Website, we reserve the right to take legal proceedings against you as appropriate.
OUR RIGHTS AND OBLIGATIONS
- What we are providing you. In consideration for your compliance with these Terms, we shall use our reasonable endeavours to provide you with the Services through the Website.
- We can make changes to the Website and the Services. We reserve the right to make any changes to the Website including any functionalities and content therein or to discontinue any aspect of the Services or features of the Website without notice.
- We can restrict your access to the Website and Services. We shall be entitled, at our own discretion, to suspend the Website (wholly or partly) for any reason whatsoever, including but not limited to repairs, planned and emergency maintenance or upgrades, and shall not be liable to you for any such suspension or unavailability of the Website (wholly or party).
- Our reliance on third party providers could impact the availability of the Website. We rely on third party providers (such as network providers, data centres, telecommunication and content providers) to make the Website and the Services available to you. Whilst we take all reasonable steps available to provide you with a good level of service, you acknowledge and agree that we do not warrant that the Website shall be uninterrupted or fault-free at all times. We therefore shall not be liable in any way for any losses you may suffer as a result of delays or failures to the Services and/or the Website as a result of our service providers.
- Updating these Terms and how this is notified to you. We may update or modify these Terms from time to time and shall notify you of any such updates and revisions through a message displayed on the Website. Your continued use of the Services and/or the Website (whether wholly or partly) shall be deemed your acceptance of such change(s) in respect of the updated or modified Terms.
OUR AFFILIATIONS AND LINKING
- Third party links may appear on the Website. The Website provides links to and content from third party websites. Such third party websites are not operated or controlled in any way by us and accordingly we accept no responsibility for the availability, suitability, reliability or content of such third party websites and do not endorse or support the views expressed therein.
- Use of third party websites is subject to separate terms. Third party websites operate under their own terms and conditions, and you are advised to read such terms and conditions prior to making use of such third party website. Further, where you access any third party website through a link on our Website, you acknowledge and agree to abide by the terms and conditions of such third party website.
YOUR USE OF THE WEBSITE AS A MEMBER
- As a Member, you will be able to access the Website and browse the Website content, which will principally consist of articles and content in relation to the review of, and other details about, restaurants, submitted by our Partners (“Articles”).
EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
- Don’t rely on Articles. We do not verify and do not have any control in respect of the Articles. We do not warrant or guarantee the accuracy, correctness, reliability or suitability of any Article or any other information made available to you through your use of the Website and/or Services. If you intend to use and/or rely upon any Article or any other information made available to you through your use of the Website and/or Services, you do so at your own risk and liability.
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the agreement was made, both we and you knew it might happen.
- We are not responsible for any loss or damage that is not foreseeable.
- We only supply the Website and Services for your domestic and private use. You agree not to use the Website or the Services for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity arising from your use of the Website and/or Services.
- Subject to clause 9.6, our maximum aggregate liability to you as a Member under or in connection with our Contract will be limited to one hundred pounds sterling (£100).
We do not exclude or limit in any way our liability for:
- death or personal injury caused by our negligence or the negligence of Our employees, agents or subcontractors; or
- fraud or fraudulent misrepresentation.
DISCLAIMERWe don’t endorse or support any advice or recommendations from Partner or otherwise contained in Articles. You acknowledge and agree that where the Website includes views, opinions, advice or recommendations from Partners, or otherwise contained in Articles, such views, opinions, advice and recommendations are not endorsed or supported by us and to the maximum extent permitted by law, we exclude all liability for the accuracy, suitability, reliability, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice or recommendations.
INTELLECTUAL PROPERTY RIGHTS
- Our rights to the Website and Services. We and our licensors own all the intellectual property rights relating to the Website.
You are expressly prohibited from:
- reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website, including without limitation, any information, articles, photographs, images or submissions made available to you through your use of the Website and/or the Services; and
- removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by us, another Member or Partner and/or our licensors, and doing anything which may be seen to take unfair advantage of our reputation and goodwill or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to us.
- Our use of your personal data submitted to us. We will comply with all applicable data protection and privacy laws and regulations in the performance of our obligations set out under these Terms, principally the General Data Protection Regulation (“GDPR”, from the GDPR implementation date) or, until GDPR implementation date, the Data Protection Act 1998 (“Data Protection Laws”). In each case including all other successor legislation and regulation thereto.
- You may at any time withdraw your consent to any of the uses that we may make to your personal data and information by notifying us of such withdrawal in writing. Further, you shall have the right at any time to instruct us in writing to permanently delete from our systems any data or information held about you.
DISPUTES AND COMPLAINTS
- We are not responsible for your disputes with other Members or Partners. In the event that you have a dispute with another Member or Partner, you hereby release us from any claims, demands and damages (whether actual or consequential) of any kind or nature, known or unknown, arising out of or in connection with such dispute.
- What to do if you want to complain about a Member or Partner. If you have any complaints in relation to another Member or Partner, we would advise in the first instance to discuss this with that Member or Partner. In the event that such discussions do not result in a resolution to the complaint, you may contact us using the details at clause 1.2 above. We will use our reasonable endeavours to respond to any such complaint within a reasonable time, and take any reasonable action which we deem appropriate to resolve or rectify the subject matter of such complaint.
- If you think a Member or Partner is in breach of these Terms. If you have reason to believe that any of the Terms herein have been breached by another Member or Partner, or you have a complaint to make, please e-mail us using the contact details at clause 1.2 above. All notification and communication to us should be sent to the contact details provided herein.
EVENTS OUTSIDE OUR REASONABLE CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.
- What We mean by an Event Outside Our Control. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, or cyber-attack.
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
OTHER IMPORTANT TERMS
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation.
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
- If a court finds part of this contract illegal, invalid or unenforceable, the rest will continue in force. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by the laws of England and Wales and you can bring legal proceedings in respect of any dispute arising under your Contract in the English courts.
- Only these Terms apply to your contract with us. These Terms and any document expressly referred to in them represent the entire agreement between you and us in respect of your use of the Website and the Services, and shall supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.