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The White Horse Website Terms of Use ("Terms of Use")

Last updated: 18th October 2013

This website, located at www.thewhitehorsederby.com, is operated by The White Horse Morledge Ltd. Our contact email address is info@thewhitehorsederby.com.

These Terms of Use tell you how you may use our Website.

Please read these Terms of Use carefully before you use our Website. They are  legally binding and contain important information on your rights and obligations.  In particular, please note the clauses relating to: Termination (clause 5), Your liability to us (clause 7) and Our liability to you (clause 8).

Punch Taverns is our landlord. Punch Taverns and any Punch Taverns Group company (including those listed below) shall be entitled to enforce these Terms of Use, but nothing in these Terms of Use shall otherwise confer any right on any other person.

These Terms of Use also incorporate:

·     our Privacy Policy (which tells you how we use your personal information collect on this Website and otherwise); and

·     our Cookies Policy (which tells you how we use cookies on this Website).

If there is any conflict or ambiguity between these documents, the following order of precedence shall apply: 1st the terms in this document, 2nd our Privacy Policy, and then 3rd our Cookies Policy.

These Terms of Use apply to everyone who visits our Website.

1               Your acceptance of these Terms of Use

By accessing and/or using our Website you agree to accept and comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not access or use our Website.

2               Changes to these Terms of Use

We may revise these Terms of Use at any time by amending this page on the Website and will indicate at the top of the page when these Terms of Use were last revised. If we make a material change to these Terms of Use we will e-mail Registered Users for whom we have an e-mail address to inform them of it. You are expected to check this page from time to time to take notice of any changes we make, as all changes will be binding on you.

3               Accessing our Website

3.1           You may only use our Website in a personal capacity and not in the course of your trade or business. You may only use our Website if you are at least [18] years old.

4               Information you provide

Whenever you provide us with information via the Website or otherwise the information must be complete, accurate, up-to-date and not misleading. In addition you confirm that you give us permission for us to use the information provided as set out in our Privacy Policy [Link]. We may rely on this information so it is important you comply with this requirement.

5               Our liability to you

5.1           Website content. We do not warrant the accuracy or completeness of the material on the Website. We may make changes to the functionality of the Website, the material on the Website and/or any of the goods and services (including their prices) described in it, any time without notice. Any of the content on our Website may be out of date at any given time, and we are under no obligation to update such content.

5.2           Third party websites. Mention of third party products, services, companies and websites on our Website is for information purposes only and constitutes neither an endorsement nor a recommendation.

5.3           Third party rights. We provide no assurance that the use by you of information available on our Website will not infringe third party rights (including intellectual property rights) and we will have no liability in this regard.

5.4           Repairs or maintenance. We will endeavour to ensure that the Website is fully operational at the times we have indicated it will be available. However we cannot and do not guarantee that the Website will be available at all times or that it will be fault free. In particular access to the Website may be interrupted or restricted to allow for emergency or routine repairs or maintenance to be carried out or the introduction of new facilities or services.

5.5           Events outside our control. Further, by using the Website, you acknowledge and agree that the internet uses elements and relies upon services, input and facilities which are not within our control and if we are totally or partially prevented or delayed in the performance of any of our obligations in connection with the Website as a result of any failure of such external services, input or facilities or any other Relief Events we will not be liable to you for the relevant non-performance or delay. For the purposes of these Terms of Use, the expression “Relief Event” will be deemed to include any cause affecting the performance by us of our obligations arising from or attributable to acts, events, omissions or accidents beyond our reasonable control and in particular will include strikes, lock-outs, other industrial action, actual or threatened terrorist action, civil commotion, riot, crowd disorder, invasion, war, threat or preparation for war, fire, technical or power failure, software, hardware or telecommunication or other network failures, interruptions, disruptions or malfunctions, explosions, storm, flood, earthquake, subsidence, structural damage, epidemic or other natural or physical disaster and any legislation, regulation, rule or ruling of government, court or any competent authority.

5.6           Exclusions. The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal disclaimer, might have effect in relation to the Website.

5.7           To the fullest extent permitted by applicable laws, neither we nor any of our group or associated companies or any of our or their respective directors, employees, affiliates or other representatives will be liable for any; (a) loss of or damage to data; (b) loss of income; (c) loss of profit or business; (d) loss of opportunity; (e) loss of or damage to property; (f) claims of third parties; (g) business interruption;  (h) loss of revenue (anticipated or actual); (i) loss of savings (anticipated or actual); (j) loss of or damage to reputation or goodwill; and/or (k) any other indirect or consequential loss or damage, even where we have been advised of the possibility of such loss or damages or such loss or damages were reasonably foreseeable.

5.8           Liability limit. Our maximum liability to you for our breach of these Terms of Use or for our negligence or the negligence of our employees or agents or for any recoverable costs, expenses, claims or other liabilities arising our of your use of our Website will not exceed £[100]. We consider and you acknowledge the limitations and exclusions of our liability set out in these Terms of Use are fair and reasonable and have been calculated by reference to the facts you do not pay to access our Website.

5.9           We do not limit or exclude our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liabilitiy which cannot be excluded or limited under applicable law.

6               Links to and from our Website

6.1           We have included links to other websites which, at the time of creating the links, were believed to be of interest to our Website visitors. Whilst we will from time to time review the websites to which we have linked, we do not endorse the contents of those linked websites. We disclaim all liability arising from the information or materials contained on any linked websites.

6.2           You may not link to this Website, nor frame it, without our express permission. If you would like to link or frame to the Website please contact us at [Email]. We reserve the right to withdraw linking/framing permission without notice.

7            Viruses, hacking and other offences

7.1        You must not misuse our Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful or that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or in any other manner which would interfere with or disrupt the Website. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

7.2        By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any offence to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

7.3        We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

8            Trade marks, copyright and other use of this Website

8.1        Our rights. Except for other content that we post on this Website and credit as being owned by a third party, all the content on this Website and all intellectual property rights (including copyright, trademarks and database rights) arising in that content and this Website generally are owned by us or our licensors. All such rights are reserved. © White Horse 2013.

8.2        "White Horse" and other marks used on our Website are owned by us or our licensors (including third party providers of goods and services available via the Website)and may not be used without our prior written permission.

8.3        You may not use any meta tags or any other hidden text using our names or trade marks without our prior written permission.

8.4        Your rights. Unless specifically stated that particular materials can be used more widely, you are only permitted to download the materials contained on the Website to a single personal computer and/or to print one hard copy of the materials contained on the Website for personal use as envisaged by these Terms of Use, and provided all copyright, trade mark and other proprietary notices are left intact. The grant of this limited licence is conditional upon your agreement to and compliance with these Terms of Use. Any other use of any of the materials on this Website including reproduction (for any purposes other than those noted above), modification, distribution, or republication, without our prior written permission is strictly prohibited, and is a violation of ours and/or our licensors’ proprietary rights.

8.5        Breach of our rights. If you print off, copy or download any content on our Website in breach of these Terms of Use, your right to use our Website and content on our Website will cease immediately and you must, at our option, return or destroy any copies of the content from our Website you have made.

9            Miscellaneous

9.1        Complaints and comments. If you have any complaints or comments about the Website please contact us by email to info@thewhitehorsederby.com or in writing to:The White Horse, 25 Morledge, City of Derby, Derby DE1 2AW

 

9.2        If you have any complaints or comments about the services ordered via the Website, please contact us by email to info@thewhitehorsederby.com or in writing to: The White Horse, 25 Morledge, City of Derby, Derby DE1 2AW

9.3        Interpretations. In these Terms of Use:

9.3.1            the expressions “including” and “in particular” are to be construed as if they were followed by the words “but without limitation”;

9.3.2            headings have been inserted for ease of reference only and are not to affect the interpretation of the terms and conditions.

9.4        Transfer of rights. We may assign or transfer our rights and obligations under the contract between you and us to another organisation, but this will not affect your or our rights or obligations under these Terms of Use. We will always notify you by posting on this webpage if this happens. You may only transfer your rights or obligations under these Terms of Use to another person if we agree in writing. 

9.5        Third parties. These Terms of Use is between you and us. No other person shall have any rights to enforce any of these Terms of Use.

9.6        Severability. Each of the clauses and sub-clause of these Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

9.7        Non-Waiver. If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

9.8        Governing law and jurisdiction. These Terms of Use are governed by English law. This means these Terms of Use and any dispute or claim arising out of or in connection with them will be governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland

10            Punch Taverns

10.1        Punch Taverns Group companies include:

10.1.1            Punch Taverns plc (company number 3752645), VAT No. 745 7724 03

10.1.2            Punch Partnerships (PTL) Ltd (company number 03512363), VAT No.710 3148 84

10.1.3            Punch Partnerships (PML) Ltd (company number 03321199), VAT No.666 0183 45

10.1.4            Punch Partnerships (PGRP) Ltd (company number 03988664), VAT No.745 7724 03

10.1.5            Punch Partnerships (Pubs) Ltd (company number 05699544), VAT No. 2575 86

10.2        The registered offices of all these companies are at Jubilee House, Second Avenue, Burton-upon-Trent, Staffordshire DE14 2WF.