Terms & Conditions – The Warehouse Taproom Bar and Restaurant March 2021
These Terms & Conditions (the “Terms”) govern your use of products ordered on https://thewarehousetaproom.co.uk (the “Site”) and/or through any mobile application [or any other website, mobile or tablet application, digital in-restaurant kiosk, or other online service or platform of] (the “Application”) that we provide which enables you to order our products. The Site and Application is operated by or on behalf of The Warehouse Taproom Bar and Restaurant.
Binding agreement
The Terms are a binding legal contract between you and The Warehouse Taproom Bar and Restaurant . Please read the Terms carefully before using and accessing our Site or Application to order any of the products offered on the Site or Application (“Products”) or other related services (together the (“Services”) (whether now or in the future). Your use of the Services means that you agree to be bound by the Terms. Do not use the Services if you do not accept the Terms.
We reserve the right to modify the Terms at any time by changing them on this page. Although no such change will affect any order you have already placed with us. These terms were last updated on 3 March 2021. Your use of the Services after we post modifications to the Terms means that you accept the modified Terms. You should save or print a copy of these terms for future reference.
Privacy
By using the Services, you acknowledge that you have reviewed and understand our Privacy Policy.
Registration and security
You may register for certain activities provided through the Services. When you register or provide any other information in connection with the Services, you agree to provide accurate, current, and complete information and to promptly update this information to maintain its accuracy. You are responsible for maintaining the confidentiality of any password and username that you are given or select, and you are responsible for all activities that occur under your password or account. We reserve the right to suspend or terminate any account or other registration if it suspects that such information is inaccurate or incomplete. You agree to immediately notify us of any unauthorised use of your password or username or any other breach of security.
Ordering and availability
The Service is designed for use only by persons who are at least 16 years of age. By using the Service, you confirm to us that you meet this requirement and that, if you are under the age of 16, you have received permission from your parent or guardian before using the Service.
To order any Product except alcohol, you must be at least 16 years of age or do so under the supervision of a parent or guardian. By doing so, you confirm to us that you meet this requirement
Products may be ordered through the Service by clicking on the menu items that you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the [“Buy Now”] [“Pay Now”] [“Order and Pay Now”] [“Order with obligation to pay”] button on the checkout page.
After placing an order, you will receive an acknowledgement from us that we have received your order [and giving you an order reference number]. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the Product(s) ordered. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the [“Buy Now”] [“Pay Now”] [“Order and Pay Now”] [“Order with obligation to pay”] button, you enter into an obligation to pay for the Product(s). Where we accept your order, we will confirm such acceptance by sending you a confirmation your has been accepted and is ready for collection] (“Order Confirmation”). The contract between you and us in relation to the Product(s) ordered (“Contract”) will only be formed when we send you the Order Confirmation. After entering into the Contract, we will be under a legal duty to supply you with goods that are in conformity with the Contract.
The Contract will relate only to the Product(s) which have been confirmed in the Order Confirmation. We will not be obliged to supply any other Product(s) which may have been part of your order until such Product(s) have been confirmed in a separate Order Confirmation.
We use reasonable endeavours to carry sufficient stock, but if your order includes any Product(s) not available from stock or which have been discontinued, we may not be able to all provide Product(s).
Collection
Your order will be fulfilled by and available for collection by you at The Warehouse Taproom Bar and Restaurant from the time specified in the Order Confirmation.
When collecting your order, you should take with you the Order Confirmation, along with some form of identification (such as a credit card or driving licence).
Risk and ownership
The Product(s) ordered will be at your risk from the time of collection. Ownership of the Product(s) ordered will also pass to you on collection, provided full payment of all sums due in respect of the Product(s) has been received.
Price & payment
The use of the Application and the Services is available to you free of charge. The Warehouse Taproom Bar and Restaurant reserves the right to introduce a fee for the use of the Services. If The Warehouse Taproom Bar and Restaurant decides to introduce such a fee, The Warehouse Taproom Bar and Restaurant shall inform you accordingly and allow you to either continue or terminate your use of the Services.
The Warehouse Taproom Bar and Restaurant shall charge you for the Order placed by you. You agree that you will pay for all Products you purchase from the restaurant, and that The Warehouse Taproom Bar and Restaurant may charge you the total amount for your Order using the payment method provided by you when registering for the Services (including any taxes and late fees, as applicable). You are responsible for the timely payment of all fees and for providing The Warehouse Taproom Bar and Restaurant with a valid method of payment at all times. Payment options available to you when registering for the Services may include [all major credit cards, Debit/Visa. The Warehouse Taproom Bar and Restaurant uses a third-party payment processor (the “Payment Processor”) to link the payment card you provide to the Application and Service.
The processing of payments or credits, as applicable, in connection with your use of the Service will be subject to the terms, conditions and privacy policies of your credit card issuer in addition to these Terms. The Warehouse Taproom Bar and Restaurant is not responsible for any errors by the Payment Processor.
Product information & allergens
Whilst we have taken reasonable steps to depict Products as accurately as possible through the photographs and other images featured on the Service and in our marketing, the detailing you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.
It is essential that you check product information carefully before placing an order if you suffer from allergies, food intolerance or have specific dietary requirements.
Because our restaurants prepare food in kitchens where allergens are present it is impossible to guarantee that there will be no risk of cross contamination but strict procedures are in place to reduce that risk as far as is possible.
If require any further information about any of our Products), we recommend that you contact us prior to placing an order (see Contacting us).
Intellectual property
All intellectual property rights in any of the content of the Services (including any content, code, software, text, graphics, photographs and other images, videos, sound, trade marks, logos and any other materials that are part of the Services) other than any content you may submit (collectively, the “The Warehouse Taproom Bar and Restaurant”) is the property of The Warehouse Taproom Bar and Restaurant.
Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site.
You may use the Services and print copies of The Warehouse Taproom Bar and Restaurant Content only for non-commercial, informational, personal use, without modification, and only so long as you comply with these Terms. In the event you print off, copy or store pages from the Site (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
Copyright and Other Intellectual Property Rights. The Warehouse Taproom Bar and Restaurant Content is protected under the copyright laws of England and other countries. You acknowledge that all copyrights and other intellectual property rights related to the Services are owned by The Warehouse Taproom Bar and Restaurant or its third-party licensors to the full extent permitted under the Copyright, Designs and Patents Act 1988, international copyright laws, and all other applicable laws. Unless expressly permitted by an authorised person in writing or as permitted by applicable law, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any part of the The Warehouse Taproom Bar and Restaurant Content.
Trade and Service Marks. You acknowledge and agree that all The Warehouse Taproom Bar and Restaurant logos and marks as well as other proprietary materials depicted in connection with the Services and the The Warehouse Taproom Bar and Restaurant Content are the property of The Warehouse Taproom Bar and Restaurant and may not be used commercially without the prior written consent of The Warehouse Taproom Bar and Restaurant.
Prohibited content and activities
You may not use the Services to take any action that could harm us or anyone else, interfere with the Services, or use the Services in a manner that violates any law. For example, you may not:
Impersonate any person or entity, or falsely state or otherwise misrepresent your credentials or any information you provide (including any an affiliation with a person or entity);
For the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services;
Harvest or otherwise collect or store any information (including personal information) about other users, including e-mail addresses, without the express consent of such users;
Use another’s information, account, or password;
contain, transmit, distribute, link to or otherwise make available, or advertise or promote any content that infringes or violates the copyright, trademark, patent, or other intellectual property right of any person or entity;
Solicit, collect, transmit, store, or otherwise make available private information or personal information of any third party;
Use the Services to send commercial electronic messages or install a computer program on another person’s computer system;
Engage in unauthorised spidering, scraping, or harvesting of content, or use any other unauthorised means to compile information;
Obtain or attempt to gain unauthorised access to other computer systems, materials, information, or any services available on or through the Services;
Use any device, software, or program to interfere with the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device, or network;
Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise interfere with any software that is a part of the Services, or use any tools for compromising security (e.g., password-guessing programs, cracking tools, or network probing tools);
Take any action that imposes an unreasonable load on our network or infrastructure;
Upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to our or our users’ computers, devices, or systems;
Engage in any other conduct that restricts any person from using the Services, or that, in our sole judgment, exposes us, users, or any other third party to any liability, damages, or detriment of any type;
makes available material of a commercial nature or sends, causes or permits to be sent commercial electronic messages, including but not limited to advertising, promotions, junk mail, spam, pyramid schemes, chain letters, or solicitations of any kind or otherwise unsolicited messages of any kind in violation of applicable laws;
- License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way;
- Modify or make derivative works based upon the Services;
- Create Internet “links” to the Services or “frame” or “mirror” any Application or the Site on any other server or wireless or Internet-based device;
- Design or build a product using similar ideas, features, functions or graphics of the Services;
- Copy any ideas, features, functions or graphics of the Services;
- Send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or anything which would violate third party privacy rights.
User submissions
Certain areas of the Services may enable you to publicly post comments, send emails, or otherwise submit information to us. You remain fully responsible for the content that you provide in connection with the Services, including information, audio recordings, videos, photographs, documents, or any other materials (“User Content”). In addition to complying with Section 11, you agree not to provide User Content that:
- violates any of the prohibitions explained in section 11, Prohibited content and activities, above;
is defamatory, in breach of any contractual duty or any obligation of confidence, knowingly false or misleading, obscene, abusive, hateful, threatening, abusive, harassing, inciteful of violence or hatred, discriminatory (on any ground), liable to cause anxiety, alarm or embarrassment, sexually explicit, or that does not comply with all applicable laws and regulations or is otherwise objectionable;
violates any person or entity’s right data protection, privacy or other rights(including the right to privacy);
contains advertising or a solicitation of any kind;
degrades or otherwise discriminates against others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, orientation or identity, disability, or other classification;
transmits, stores, or otherwise makes available a virus, Trojan horse, worm, spyware, bot, or other harmful programming routine; or
violates any applicable law, or advocates illegal activity.
Subject to applicable law, we also have the right to disclose your identity to any third party who is claiming that any User Content you provide us or others in connection with the Services constitutes a violation of the third party’s intellectual property rights, of the third party’s right to privacy, or of any other applicable local, provincial, state, national, or international law.
If the Services permit you to submit User Content, you may only provide User Content that is original and that you have the right to provide. By providing us User Content, you grant us a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sub-licensable, transferable, license to publish, reproduce, distribute, transmit, display, perform, edit, adapt, modify, translate, create derivative works of, sell, offer for sale, export, and otherwise use and exploit your User Content (in whole or in part) in any way that we want and in any form, media, or technology now known or later developed. You hereby waive any moral rights you may have in your User Content. You represent that you have obtained all necessary permissions from any person or entity identified in or implicated by your submission (including those shown in photographic or video content), and, in the case of minors, also from their parents or legal guardians, as appropriate.
If you are under the age of 16, you may not provide any User Content to us. If you are under the age of majority in your jurisdiction of residence but at least 16 years of age, subject to any applicable sweepstakes, contest, or other supplemental terms, you may provide User Content but only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to these Terms for the benefit of an individual between the ages of 16 and the age of majority in your jurisdiction of residence, please be advised that you are fully responsible for his or her User Content and any legal liability that he or she may incur.
Social media integration
The Services may offer opportunities for you to transmit content via third-party social networking websites and products. Any use of third party social networking features is subject to the terms of use of the applicable third-party website or product and not these Terms, unless you are notified otherwise, in which case the terms and conditions set forth in such notification will apply.
Links and third party content
The Services may contain links to other websites or online services that are not under the control of The Warehouse Taproom Bar and Restaurant. Such links do not constitute an endorsement The Warehouse Taproom Bar and Restaurantof those other websites or online services, the content they display, or people associated with them. The Terms do not apply to such other websites and online services, and such websites and online services are not part of the Services. We encourage you to review the privacy policies and terms of use of these other websites or services.
We may incorporate third party services, software, technology, data, and/or other content, either independently or in connection with various programs, features, or functions available through the Services. Your use of third-party materials may be subject to terms of use other than these Terms and as may be set forth by third party providers, as applicable. You agree that The Warehouse Taproom Bar and Restaurant assumes no liability with respect to your use of such third-party materials, whether you are aware of their use or not and whether or not the use of such materials is recommended by The Warehouse Taproom Bar and Restaurant.
You may link to our Services provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest or imply any form of association, approval, or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.
Disputes
Subject to the next paragraph, you agree that any dispute between you and us regarding these terms and conditions or the Site will only be dealt with by the English courts, except that (if you are a consumer and not a business user) and if you live in Scotland or Northern Ireland, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.
Termination
In our sole discretion, we may restrict, suspend, or terminate your access to and use of the Services, with or without prior notice. The Warehouse Taproom Bar and Restaurant is not responsible for any error in copy or images relating to the Services or any other products offered via the Services. Errors will be corrected when discovered and The Warehouse Taproom Bar and Restaurant reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted).
Otherwise applicable sections of these Terms shall survive termination. The Warehouse Taproom Bar and Restaurant also reserves the right to seek all remedies available at law and in equity for violations of these Terms. Upon termination, you must cease all use of the Services, including any of the Content.
Limitation of liability
Nothing in these terms shall limit or exclude our liability to you:
- for death or personal injury caused by our negligence;
- for fraudulent misrepresentation;
- for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded;
- under Part I of the Consumer Protection Act 1987; or
- for any other liability that, by law, may not be limited or excluded.
Subject to this, any liability we do have for losses you suffer arising from your use of the Services shall not exceed the purchase price of the relevant Product(s) and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.
Integration, severability and waiver
These Terms and all other legal notices, statements or terms and conditions posted or made available to you on the Services constitute the entire agreement between The Warehouse Taproom Bar and Restaurant and you. In the event any provision of these Terms is held unenforceable, it will not affect the enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. Our failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.
Governing law
These terms and conditions shall be governed by English law, except that (if you are a consumer and not a business user) and if you live in Scotland or Northern there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.
General
You may not transfer or assign any or all of your rights or obligations under any Contract.
All notices you give to us must be given in writing to the address set out in these terms. We may give notice to you at either the email or postal address you provide to us when placing an order.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.
These terms may not be varied except with our express written consent.
These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only.
Contact information
Please direct any questions, complaints, or comments related to the Services give us a call on 01553 812000 or email info@thewarehousetaproom.co.uk
