ANY PERSON OR ENTITY ("User") VISITING, USING OR OTHERWISE ACCESSING THE SITE AT www.imbibe.com ("Site") OR ANY OF THE INFORMATION CONTAINED IN THE SITE AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS USER AGREEMENT ("Agreement")
1. This Site, together with all content, data and other materials contained in the Site ("Content") is owned or controlled by Imbibe Media Limited, Company Number 08462391, registered in England and Wales, with its registered office at Quadrant House, 250 Kennington Lane, London SE11 5RD ("Imbibe", "us", or "we").
2. You may use the Site for your own personal, non-commercial use only. You may not access the Site with any automated software. If you would like to use our services for a commercial purpose, or in any way that is different to how they are presented on the Site, you must first obtain our explicit approval.
3. This Site is intended for reference purposes only and use of the Site and/or the Content is entirely at your own risk. Imbibe makes no representations whatsoever about any restaurant, bar, venue, event or any other third-party or third-party goods or services made accessible to you via use of the Site, either directly or indirectly, including but not limited to Site content, links, and email communication.
4. Please note that, whilst we endeavour to provide accurate and useful information, the Content may be inaccurate and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind, either implied or express, to the fullest extent permitted by applicable law and is not intended as specific commercial or legal advice. Specifically, Imbibe does not represent or warrant that the Site or the Content will be accurate, up-to-date, complete or free of defects, including without limitation viruses or other harmful elements. You further acknowledge that the Internet, our systems, websites and/or equipment may from time to time be less than fully operative and that we will not be held liable for any failure or inability to provide continuous, error-free, uninterrupted service under these or any other circumstances.
5. Imbibe provides various links to other websites from time to time. These links are provided for your convenience and Imbibe: (i) does not endorse or take responsibility for the content of such websites, (ii) is not responsible for the availability of such websites; and (ii) will not be liable, directly or indirectly, in any way for any loss or damage which you may suffer by using such websites or in connection with use of or reliance on any such content, goods or websites available on or through any such website or resource. If you decide to access linked websites and/or obtain goods or services from providers accessible via such links, you do so at your own risk.
7. Imbibe, unless otherwise stated, owns or controls all copyright, database and all other intellectual property rights in the Site and the Contents. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or its contents in any form (including storing it in any medium) other than as expressly allowed herein or as permitted by UK or local law.
8. All bookings made via Imbibe are fulfilled by a third-party which, in most cases, is Toptable.co.uk. Following each online booking, Imbibe will confirm (usually by email) as soon as reasonably possible and no contract shall be formed until such confirmation is despatched. Please note that all bookings are subject to availability and other factors beyond reasonable control. Toptable.co.uk will, for most bookings, issue to you a reference number for identification purposes to be used upon arrival at the restaurant. Imbibe shall not be involved in any dispute that arises between you and any restaurant (for example, in relation to your booking, standard of service, food or bill). Please note that any "special offers" advertised on Imbibe are only available to users booking through Imbibe and may not be available in conjunction with any offer made directly by or from the relevant restaurant.
9. Should you wish to cancel or change any booking made via Imbibe, you must notify Imbibe as soon as possible by email (to email@example.com). Such notices must be received at least 24 hours prior to the reservation and are subject to any cancellation fees imposed by the restaurant either for the table itself, for any reduction in the number of diners or for a failure to turn up at all (a "no show"). Please note some restaurants impose surcharges for groups of larger than a certain number and in such cases, a failure to cancel, a change to the booking or a "no show" may result in these fees and charges being debited to your credit card at the discretion of the restaurant.
10. In order to maintain our high standard of service, any "no show" at a restaurant will be dealt with on a case-by-case basis. Imbibe, however, reserves the right in its own discretion to disallow users from using our services for repeated "no shows". We further reserve the right to issue a warning, temporary or indefinite suspension and/or termination of your rights to use our services if we believe you have breached or attempted to breach this Agreement.
11. All special dining requests made at the time of booking will be passed to the restaurant by Imbibe, though fulfilment of such requests cannot be guaranteed and is always at the discretion of the restaurant at any time.
12. User agrees that the liability of Imbibe to User under this Agreement shall be limited to the amount User has actually paid to Imbibe for its services. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of Imbibe.
13. The brands, products and service names used in this Site (including without limitation, "Imbibe", "Imbibe.com" and "Imbibe 2010" are the trade marks or trade names of Imbibe or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trade marks, trade names or taglines without the prior written permission of Imbibe.
14. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Site in any manner. If you in any way Interfere with the Site, you agree to pay all damages incurred by Imbibe. Imbibe will cooperate with the authorities in prosecuting any User who Interferes with the Site or otherwise attempts to defraud Imbibe or any other parties through User's use of the Site or services provided via the Site. Imbibe reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. User agrees that we may block Users IP address or addresses at any time, and at our sole discretion to disallow User's continued use of the Site. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
15. User agrees to indemnify Imbibe for any loss or damage that may be incurred by Imbibe, including without limitation legal fees, arising from User's use of the Site or User's use of any information obtained through the Site
16. Your use of the Site and/or its content creates no partnership, client, fiduciary or other professional relationship.
17. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No modification of this Agreement shall be effective unless in writing and signed by authorized parties for both Imbibe and User.
18. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any law of the United Kingdom having jurisdiction over this Agreement, the remaining portions or provisions shall still remain valid and continue in full force and effect.
19. This Agreement and/or any other terms of service may be changed at any time without prior notice, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. Users continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes.
20. This Agreement shall be governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts.
21. If you have any queries about this Agreement or wish to resume receiving information which you may have previously opted-out of receiving, please contact us at firstname.lastname@example.org