Effective Date: March 1, 2008
Last Updated: March 1, 2008
1. THIS IS AN AGREEMENT BETWEEN YOU AND ARBUTUS RIDGE LTD.
This is an agreement ("Agreement") between You, the user of the Website (“You” and/or “Your”) and Arbutus Ridge Ltd. ("AR"). This Agreement governs Your use of any Website or webpage owned or operated by AR (“Website” or “Websites”). Your access to, use of, viewing of information, placement of an order, the linking to another website, the use of any software provided by the Website IS CONDITIONAL ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 8, 9, and 10); AND AN EXCLUSIVE REMEDY (See Section 9). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN. IF YOU DO NOT AGREE TO THESE TERMS, LEAVE THE WEBSITE NOW.
YOU ALSO REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND THAT ANY INFORMATION YOU SUBMIT IS CORRECT.
2. HOW AR MAY MODIFY THIS AGREEMENT
AR reserves the right to change the terms, conditions, privacy policies, and notices under which it offers a Website, including any charges associated with the use of a Website. You are responsible for regularly reviewing these terms, conditions, privacy policies and notices, and any additional terms posted on an AR Website. Your continued use of a Website after the effective date of such changes constitutes Your acceptance of and agreement to such changes.
3. ADDITIONAL TERMS
Any AR Website may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that AR Website, including without limitation, particular features or offers (for example, promotions, discounts or coupons). If any terms contained in this Agreement conflict with any terms contained within an AR Website, then the terms in this Agreement shall control.
4. NO UNLAWFUL OR HARMFUL USE OF THIS WEBSITE
You will not use this Website in any way that is unlawful, or harms AR, its affiliates, resellers, restaurants, distributors, service providers and/or suppliers (each, an "AR Party" and collectively, the "AR Parties") or any customer of an AR Party, as determined in AR's sole discretion. AR may tell You about certain specific harmful uses in a code of conduct or other notices available through an AR Website, but has no obligation to do so. You may not use a Website in any way that breaches any code of conduct, policy or other notice applicable to the Website. Without limiting the generality of this section, You may not use a Website in any manner that could damage, disable, overburden, or impair any AR Website (or the network(s) connected to any AR Website) or interfere with any other party's use and enjoyment of AR Websites.
5. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials You post or otherwise provide to AR through a Website (a "Submission"), You hereby grant AR a perpetual, royalty free, irrevocable and fully transferable license to all of Your rights, including any intellectual property rights and associated moral rights in the Submission. Furthermore, You grant AR the right to (1) use, copy, distribute, transmit, compile, publicly display, reproduce, edit, modify, translate and reformat Your Submission and (2) sublicense its rights, to the maximum extent permitted by applicable law. For each Submission, You warrant that You have all rights necessary for You to grant the said licence in this section.
AR may remove all or part of Your Submission at any time. For each Submission, You represent that You have all rights necessary for You to make the grants in this section. To the maximum extent permitted by applicable law, AR may monitor Your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring Your compliance with this Agreement, and protecting the rights, property, and interests of the AR Parties or any customer of a AR Party or any governmental body.
Your use of any software associated with a Website will be governed by the terms and conditions of the end user license agreement ("EULA") associated with such software. AR reserves all rights to such software not expressly granted to You in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. AR or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. AR may automatically check Your version of such software and may automatically download upgrades to such software to Your computer to update, enhance and further develop this Website.
7. INFORMATION AVAILABLE FROM THIS WEBSITE
AR and AR Parties do not warrant or guarantee the accuracy or timeliness of any information available from a Website, even if such information appears in any e-mail, pager, mobile phone or other alerts available through a Website. AR and AR Parties do not authorise the use of information available from a Website, including financial and marketing information, for any purpose other than Your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.
A Website may be unavailable at certain times to allow for maintenance and upgrades. Although AR will endeavour to notify You in advance of any service unavailability, this cannot be guaranteed and AR reserves the right to alter or withdraw the service at any time.
8. AR MAKES NO WARRANTY
IN CONSIDERATION OF YOUR ACCESS TO AND USE OF A WEBSITE, AR PROVIDES A WEBSITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AR MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. AR DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF A WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
9. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL AR OR AR PARTIES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF A WEBSITE, EVEN IF SUCH AR OR AR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THIS WEBSITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY AR PARTY WITH RESPECT TO THIS AGREEMENT OR A WEBSITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.
You also agree to indemnify and hold AR, its directors and AR Parties harmless and to keep them indemnified against all direct or indirect loss, costs, expenses – including legal expenses, damages or claims arising from Your use of a Website.
You agree and acknowledge a Website is being made available to You free of charge. Charges do apply and You are fully liable for these charges for any other services provided by AR or AR Parties through the use of a Website.
Notwithstanding the foregoing, nothing in this Agreement shall exclude or limit AR’s liability for death or personal injury resulting from AR’s negligence.
10. CHANGES TO A WEBSITE; ADDITIONAL LIABILITY LIMITATION
AR MAY CHANGE A WEBSITE OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As You use a Website, You should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by AR and AR Parties. WITHOUT LIMITING THE GENERALITY OF SECTIONS 8 AND 9, YOU ACKNOWLEDGE AND AGREE THAT AR IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 8 AND 9, YOU ACKNOWLEDGE AND AGREE THAT AR IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THIS WEBSITE, (2) ANY INCOMPATIBILITY BETWEEN THIS WEBSITE AND OTHER WEBSITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THIS WEBSITE IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THIS WEBSITE OR (5) THE CONTENTS OF ANY SUBMISSION. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 8, 9 AND 10 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
11. TERMINATION; ACCESS RESTRICTION
AR may terminate this Agreement, or terminate or suspend Your access to a Website at any time, with or without cause, with or without notice. Upon such termination or suspension, Your right to use a Website will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON A WEBSITE MAY NOT BE RETRIEVED LATER EXCEPT AS PROVIDED BY LAW.
12. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
Claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the England and Wales, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of England and Wales.
13. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. AR may assign this Agreement, in whole or in part, at any time with or without notice to You. You may not assign this Agreement, or assign, transfer or sublicense Your rights, if any, in a Website. Except as expressly stated herein, this Agreement constitutes the entire agreement between You and AR with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and AR with respect to a Website. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
14. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND AR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO A WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15. INTELLECTUAL PROPERTY
A Website is copyright AR. All material here in contained is the property of AR or used under license. You may not use, copy or publish information from a Website without AR’s prior written consent.
All other intellectual property, including but not limited to trademarks, databases, source code and software are owned or properly licensed to AR and may not be used without prior written consent.
Any rights not explicitly granted herein are reserved by AR.
16. ORDER PLACEMENT – IF APPLICABLE
AR works hard to deal with highly regarded third parties. However AR accepts no responsibility or liability for the quality of the goods and services provided by these third parties. As a result, You acknowledge and accept responsibility to thoroughly check that You are satisfied with the goods or services You order or use on a Website prior to making payment.
All questions regarding the goods or services shown on a Website should be directed to restaurant or the applicable AR Party.
After You submit an order using a Website, AR will send You an email message to acknowledge Your order request. This acknowledgement email IS NOT AN ACCEPTANCE OF YOUR ORDER. Only the restaurant and/or the applicable AR Party can legally accept Your order. You are solely responsible for ensuring the restaurant and/or the AR Party accepts Your order.
You acknowledge and agree that all food, goods and services provided, including delivery, are the responsibility of the restaurant or AR Party accepting the order and NOT AR.
Delivery times are subject to factors beyond the control of AR and/or AR Parties, and/or the restaurant and therefore cannot be guaranteed. If AR receives information of a delay, AR may email you this information if it can and if it is reasonably possible to do so.
You also accept responsibility for the accuracy of the delivery address You provide.
AR accepts no responsibility for the sale of alcohol or tobacco to minors. You warrant that if you order alcohol or tobacco through a Website, that you are legally entitled to do so.
The restaurant or the applicable AR Party is solely responsible for the provision of your order. Your payment, if paid online, will be paid directly to the restaurant. Payment details will be sent using secure communication protocols. Any claims in relation to Your order are solely between You and the restaurant and/or the AR Party.
All prices include VAT, where applicable. All payments are settled in the lawful money of the United Kingdom, currently pounds sterling.
Prices are subject to change and all goods are subject to availability.
AR makes no representations about the restaurant, its quality, its service or its fitness for Your purpose. Nor does AR attest to the availability, technical merit or legal right to provide food and drink services by the restaurant or an AR Party. By using a Website, You accept full responsibility for the decision to purchase, use or consume the food and drink and services being offered.
18. NO WAIVER
No failure or delay on the part of AR to exercise its rights nor any default by AR shall be construed to prejudice AR's right of termination or cancellation for default or for any other subsequent defaults.
You agree to keep you password protected and confidential at all times. You are fully responsible for all activities and orders processed through Your use of a Website. You therefore agree to indemnify and hold AR and its directors harmless against any use, authorised or otherwise, of Your account and/or a Website.