Use Of This Website
This agreement applies as between you, the User of this Website and CoventGarden.com. 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;
“CoventGarden.com” means CoventGarden.com
“Service” means collectively any online facilities, tools, services or information that CoventGarden.com makes available through the Website either now or in the future;
“System” means any online communications infrastructure that CoventGarden.com 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 CoventGarden.com and acting in the course of their employment; and
“Website” means the website that you are currently using (www.coventgarden.com) 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 CoventGarden.com, 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 CoventGarden.com. 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 CoventGarden.com;
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 CoventGarden.com 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.coventgarden.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of CoventGarden.com. To find out more please contact us by email at email@example.com.
6.2 Listed Businesses and their associates may place deep-links to their Listings on the Website.
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 CoventGarden.com 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 3rd Party Purpose
Google 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.
8.1 CoventGarden.com 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, CoventGarden.com 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, CoventGarden.com 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 CoventGarden.com 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, CoventGarden.com is not responsible for any variations from these descriptions.
8.7 Whilst CoventGarden.com 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 CoventGarden.com 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 CoventGarden.com 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, CoventGarden.com 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 CoventGarden.com’s liability for death or personal injury resulting from any negligence or fraud on the part of CoventGarden.com.
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 CoventGarden.com.
14.1 All notices / communications shall be given to us either by post to our Premises (see address above) or by email to firstname.lastname@example.org. 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 CoventGarden.com shall be governed by and construed in accordance with the Law of England and Wales and CoventGarden.com and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
Use Of The Online Booking Service (Bookatable)
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”).
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.
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.
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.
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.
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.
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.
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.
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.
You may contact us on any issue detailed in these User Terms at www.bookatable.com