Use Of This Website
Use Of The Online Booking Service
This agreement applies as between you, the User of this Website and Dine Time Ltd trading as Brunch.London, the owner(s) of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
"Account" means collectively the personal/identifying information, payment information and credentials used by Users to access parts of the Website and to create Listings;
"Content" means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Listing" means a directory listing posted on the Website by a User which shall provide details of that User's business including, but not limited to, contact details;
"Listed Business" means any business which features in a Listing;
"Dine Time Ltd" means Dine Time Ltd trading as Brunch.London
"Service" means collectively any online facilities, tools, services or information that Dine Time Ltd makes available through the Website either now or in the future;
"System" means any online communications infrastructure that Dine Time Ltd makes available through the Website either now or in the future. This includes, but is not limited to, Listings, email addresses and online forms;
"User" / "Users" means any third party that accesses the Website and is not employed by Dine Time Ltd and acting in the course of their employment; and
"Website" means the website that you are currently using (www.brunch.london) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. Intellectual Property
2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website, unless contained in Listings, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Dine Time Ltd, or our affiliates. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
2.2 You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website as specified in Clause 4 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Website or unless given express written permission to do so by Dine Time Ltd. Specifically you agree that:
2.2.1 You will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Dine Time Ltd;
3. Third Party Intellectual Property
3.1 The Intellectual Property Rights subsisting in the Content of Listings belong to the Listed Businesses to which those Listings pertain unless it is expressly stated otherwise.
3.2 Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties.
3.3 The Content described in this Clause 3, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Website. The exceptions in Clause 4 continue to apply.
4. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
5. Links to Other Websites
This Website may contain links to other sites including, but not limited to, those of Listed Businesses. Unless expressly stated, these sites are not under the control of Dine Time Ltd or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
6. Links to this Website
6.1 Subject to the provisions of sub-Clause 6.2, those wishing to place a link to this Website on other sites may do so only to the home page of the site www.brunch.london without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Dine Time Ltd. To find out more please contact us by email at enquiries@dinetime.co.uk.
6.2 Listed Businesses and their associates may place deep-links to their Listings on the Website.
7. Privacy
7.1 Use of the Website is also governed by our Cookies Policy which is incorporated into these terms and conditions by this reference.
7.2 The Website places the following cookies onto your computer or device. These cookies are used for the purposes described herein. Full details of the cookies used by the Website and your legal rights with respect to them are included in our Cookies Policy. By accepting these terms and conditions, you are giving consent to Dine Time Ltd to place cookies on your computer or device. Please read the information contained in the Cookies Policy prior to acceptance.
Name of Cookie | Name of Provider | 1st / 3rd Party | Purpose |
recentlyviewedvenues | www.brunch.london | 1st Party | Tracks which venue pages have been viewed to display a list on the 'Recently Viewed' page |
_ga | 3rd Party | An anonymous identifier used to help website owners measure how users interact with website content |
7.3 Our website features links to third-party retailer websites and we place a cookie onto your computer which identifies you as having come from our website. These cookies don't identify you as an individual and we don't store any information on our server. For more information about these cookies please visit the websites of the third party retailer.
8. Disclaimers
8.1 Dine Time Ltd makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
8.2 Save for the screening and approval of Listings, Dine Time Ltd has neither control over, nor involvement in, any Listed Business and accepts no responsibility for any actions taken, or any goods or services provided, by any Listed Business.
8.3 Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, Dine Time Ltd makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
8.4 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
8.5 Dine Time Ltd makes no representation or warranty that any part of this Website is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
8.6 Whilst every effort has been made to ensure that all descriptions of services available from Listed Businesses correspond to the actual services available, Dine Time Ltd is not responsible for any variations from these descriptions.
8.7 Whilst Dine Time Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
8.8 All prices displayed on the website are per person unless otherwise specified.
9. Availability of the Website and Modifications
9.1 The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
9.2 Dine Time Ltd accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
9.3 Dine Time Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
10. Limitation of Liability
10.1 To the maximum extent permitted by law, Dine Time Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
10.2 Nothing in these terms and conditions excludes or restricts Dine Time Ltd's liability for death or personal injury resulting from any negligence or fraud on the part of Dine Time Ltd.
10.3 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
11. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
12. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
13. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Dine Time Ltd.
14. Communications
14.1 All notices / communications shall be given to us either by post to our Premises (see address above) or by email to enquiries@dinetime.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
15. Law and Jurisdiction
These terms and conditions and the relationship between you and Dine Time Ltd shall be governed by and construed in accordance with the Law of England and Wales and Dine Time Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
Introduction
The restaurant table booking service (the "Service") used on
this website is operated by Bookatable Limited, a wholly owned
subsidiary of Livebookings Holdings Limited (referred to in this
Agreement as "Bookatable" "we", "us" or "our"). Bookatable is
registered in England and Wales under company number 5398578 and
our registered address is at 5th Floor, Elizabeth House, 39 York
Road, London, SE1 7NQ. The VAT Number is 176 3874 67.
These are the terms and conditions which will govern your use of
the Service, which is provided to you by Bookatable on behalf
of restaurants in the Bookatable Network, either via the
website of the restaurant with whom you are booking a table (a
"Restaurant") or via the website of one of our third party booking
partners (a "Booking Partner").
By using the Service you are deemed to have accepted these terms
and conditions of use (the "User Terms").
Your Booking
Please note that the dining services for which you book via your
use of the Service are provided to you by the Restaurant directly
and not by Bookatable. Therefore by using the Service to book a
table at your chosen Restaurant you are entering into a direct
contract with that Restaurant and Bookatable is not a party to
that contract.
In order to make any booking using our Service you must have the
legal capacity to do so and you must accept financial
responsibility for all transactions made under your name. You must
make sure that all the information you provide to us is true and
accurate. Booking a table at the Restaurant means you have to pay
the Restaurant after you have eaten unless it is clearly indicated
before you book that you have to prepay in advance.
When you use the Service to place a booking at the Restaurant you
are making an offer to the Restaurant to accept your booking. Your
booking is not complete and legally binding on the Restaurant until
such time as you have received a confirmatory email from the
Restaurant accepting your booking.
If you wish to cancel your booking you can use the hypertext link
in the confirmation email, contact the Restaurant directly, or online.
Contact details can be found in the confirmation email. Please
ensure that you arrive in plenty of time and bring a copy of your
email booking confirmation. If you have prepaid in advance please
also bring the credit/debit card you used to make the
booking.
Failure to attend the Restaurant at the reserved time may result
in you being charged a "no-show" fee by the Restaurant. The
decision whether to debit your card with a cancellation fee or
"no-show" fee is entirely at the discretion of the
Restaurant.
We reserve the right to cancel a booking, but this of course will
be without any liability to you. We have, at any time for any
reason without prior notification to you, the right to terminate or
restrict, suspend or terminate your access to any or all of the
Service if we believe that you are misusing the Service or if you
are in breach of these User Terms.
Because your contract is directly with the Restaurant any queries
or concerns that you may have in connection with your restaurant
table booking should be addressed directly to the Restaurant via
the details set out in the confirmatory email.
We reserve the right to disable your access to our Service and,
where applicable, any user ID or password issued to you at any time
if, in our opinion, you have failed to comply with any of the
provisions of this Agreement.
Additional Terms
In addition to these User Terms, your use of a Restaurant or
Booking Partner website and the other services and products
provided by Restaurants and Booking Partners in the
Bookatable Network, may also be subject to any additional
terms and conditions applied by restaurants and/or Booking Partners
from time to time. Those terms will be in addition to, and
therefore not a replacement for, these User Terms. Please ensure
that you read such additional terms and conditions before using the
websites and/or purchasing the services and products provided by
restaurants and Booking Partners.
Personal Information
To use our Service, you are required to register certain
information("Information"), including your name, email address and,
in some instances, a password. Any Information supplied by you to
us will be used by us in accordance with these User Terms and,
where applicable, the terms of any privacy policy provided by the
Restaurant and/or Booking Partner.
You will receive emails and/or text messages related to the
fulfilment of your booking and your use of the Service and we may
use the Information for that purpose. We will not charge you for
these emails or text messages. We are not liable for any charges
that you may incur from your mobile phone operator. In addition, if
selected by you at the time of making your booking (or at some
other time), you may also receive information and offers regarding
future bookings, products or services provided by the Restaurant
and/or the relevant Booking Partner from time to time, and we may
take your Information into account in order to improve the
relevance of those messages to you.
You are responsible for ensuring that all personal data supplied
by you to us is accurate and kept up to date. You must treat your
password information as confidential and you must not disclose it
to any other person.
Cookies
Similar to other commercial websites, our Service utilises a
standard technology called "cookies" and web server logs to collect
information about how our Service is used and to improve our
Service. Information gathered through cookies and web server logs
may include the date and time of visits, the pages viewed, time
spent using the Service, and the websites visited just before and
just after your use of our Service. Cookies do not allow us to
gather any personal information about you and we do not generally
store any personal information that you provided to us in your
cookies.
Availability of the Service
Your access to the Service is permitted on a temporary basis and
we reserve the right to withdraw or amend the Service without
notice. We therefore exclude any liability to you for any
interruption or lack of availability of the Service to the extent
that we can legally do so. You are solely responsible for making
all technical and other arrangements necessary for access to the
Service. You are also responsible for ensuring that all persons
accessing the Service through your internet connection and account
details are aware of these User Terms and comply with them.
Restrictions on use
All copyright, database rights, trade marks, intellectual property
rights and other proprietary rights subsisting in our Service and
any content made available to you from the Service, shall remain
our property or the property of our licensors. All such rights are
expressly reserved.
You agree not to use our Service in such a way as to cause the
whole or part of our Services to be interrupted, damaged, rendered
less effective or be otherwise impaired or in any way contrary to
applicable law.
Security
We maintain the highest standards of security, however the
transmission of information via the internet is not completely
secure. So, whilst we will do our best to protect your personal
information, we cannot ensure the security of your data transmitted
to our Service. Any transmission is at your own risk. Once we have
received your personal information we will use strict procedures
and security features to prevent unauthorised access.
Our liability
Nothing in these User Terms shall exclude our liability for death
or personal injury arising through negligence or for fraud.
We do not accept responsibility for any loss, damages or costs
suffered or incurred by you arising from viruses or contaminants
contracted by you or your machine via accessing or using our
Service.
To the maximum extent allowed by applicable law we exclude all
liability and responsibility arising from any reliance placed on
any content available from the Service. You bear the entire risk of
the completeness, accuracy or usefulness of any content accessed on
our Service.
To the maximum extent allowed by applicable law we exclude all
liability and responsibility arising from your use of:
• the services and products provided by the Restaurant and/or
Booking Partners; and
• the Restaurant's and/or Booking
Partner's failure to supply such services or products, whether in
whole or in part.
To the maximum extent allowed by applicable law, we expressly
disclaim all warranties and conditions, express or implied,
including, but not limited to, implied warranties and conditions of
satisfactory quality and fitness for a particular purpose. You will
not hold us responsible for any damages that result from you
accessing (including any software or systems you use to access) our
Service, but not limited to, damage to any computer, software or
system or portable devices you use to access the same.
Under no circumstances shall we be liable to you for any
consequential, incidental or special damages or for loss of
business profits, business interruption, loss of business
information, loss of data or loss of any benefit arising out of
your use or inability to use our Services.
Changes
We reserve the right at any time to vary these User Terms. Your
continued use of our Service following any such variation shall
constitute your acceptance of such changes.
Jurisdiction and applicable law
The English Courts will have exclusive jurisdiction over any claim
arising from or related to your use of the Service. English Law
will apply to these User Terms.
Trade Marks
Bookatable and the Bookatable Network are either
registered or unregistered trademarks of Livebookings Holdings
Limited. All other trademarks referred to on our Service are owned
by their respective owners. No permission is given for their use by
any person and such use may constitute an infringement of our
rights or the rights of the applicable owner.
Contact Us
You may contact us on any issue detailed in these User Terms at
www.bookatable.com