Website Terms of Use Policy and Advertising Services Agreement

By using our site you accept these terms

By using our site, and (where applicable) where you sign up to our Services to promote your business, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our sites and/or our Services.

We recommend that you print a copy of these terms for future reference, although note that the latest version will always be published on our site so please check back regularly.

 

There are other terms that may apply to you

These terms of use refer to our privacy policy and cookie policy which also apply to your use of our site.

 

We may make changes to these terms and our site

We amend these terms from time to time. Every time you wish to use our sites, please check these terms to ensure you understand the terms that apply at that time. We may also update and change our site from time to time.

 

We may suspend or withdraw our site

Our site is made available free of charge, although if you wish to use our Services to promote your company there may be a charge for this which we will advise you of at the time you sign up for our Services.

We do not guarantee that our sites, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our sites for business and operational reasons.

You are also responsible for ensuring that all persons who access our sites through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

 

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at admin@feastandquench.com

 

How you may use material on our sites

We are the owner or the licensee of all Intellectual Property rights in our site, and in the material published on it. Those works are protected by copyright laws and other similar protections in force around the world. All such rights are reserved.

You may print off a copy, and may download extracts, of any page(s) from our sites for your personal use and you may draw the attention of others within your organisation to content posted on our sites.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our sites must always be acknowledged.

You must not use any part of the content on our sites for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our sites in breach of these terms of use, your right to use our site and any Services we may be providing to you will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

Advertising Services

For the purpose of this section the following terms used shall have the meanings set out below:

Services:  shall mean the advertising services you have selected we provided for you being either the Prix Fixe

services or the A La Carte services as more fully described on our site.

Fees shall mean the fees we notified you of in respect of the Membership service when you signed up for such services, and as published on our website.

Duration: the Services shall be provided by us for the duration agreed with you when you signed up for the Services, being 30 days, 90 days, 6 months or yearly.

Intellectual Property means all  patents, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secret]) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

 

In consideration of the payment of the Fees by you, which for the avoidance of doubt shall be payable in full prior to us commencing the Services for you, we agree to provide the Services for you.

We agree to provide the Services in a professional manner, in accordance with good industry practice, and using due skill, care and diligence;

All sums payable in respect of the Services are exclusive of any VAT or any other sales tax or duties, which, where applicable, shall be payable by you in addition to the Fees.

To enable us to provide the Services you grant to us a non-exclusive royalty-free licence for the Duration of the Services for us to use, and permit any of our selected third parties and subcontractors to use, your Intellectual Property in accordance with these terms, which shall include publishing your Intellectual Property on our site and in our other promotional materials.

Each party acknowledges that it will not gain any right, title or interest in any Intellectual Property provided by the other party which shall continue to vest in the party that provided it

You agree to fully indemnify us from and against any and all costs, losses and/or damages (of whatever nature and howsoever arising) incurred by us as a result of any use by us of your Intellectual Property, provided that our use is made in accordance with these terms.

Neither party shall be in breach of these terms, nor liable for delay in performing, or failure to perform, any of its obligations under them if such delay or failure result from events, circumstances or causes beyond its reasonable control, which for the avoidance of doubt shall not include non payment of the Fees by you. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.

 

Do not rely on information on these sites

The content on our sites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our sites.

Although we make reasonable efforts to update the information on our sites, we make no representations, warranties or guarantees, whether express or implied, that the content on our sites is accurate, complete or up to date.

 

We are not responsible for websites we link to

Where our sites contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

 

Our responsibility for loss or damage suffered by you

The information and services promoted on the site is provided without any guarantees, conditions or warranties as to their accuracy, relevance or appropriateness for you, or the standards of services provided by third parties who advertise on our site. We will have no liability arising from:

  • Your use or your inability to use the site or any information/content on the Website; or
  • Any information/content available on the site; or
  • Any reliance you place on any information/content available on the site; or
  • Any third party products or services promoted on our website

 

Third party rights. We provide no assurance that the use by you of information available on the site (whether provided by us or other users) will not infringe third party rights (including, without limitation, intellectual property rights or privacy rights) and we will have no liability in this regard.

 

General exclusions of liability. We are only legally responsible to you as set out in these terms. We have no other duty or legal responsibility to you, and all responsibilities, guarantees and any other conditions implied by law or otherwise will not apply, as far as this is allowed by law.

We will not be legally responsible to you for any event or circumstance beyond our reasonable control.

We are not legally responsible to you in any way for any indirect or direct loss of income, business or profits, or for any other loss or damage that could not reasonably have been expected at the time we entered into this contract, other than that caused by us acting fraudulently. Also, we will not be legally responsible to you for any loss you suffer as a result of your responsibilities to any other person (however this is caused).

Nothing in these terms will exclude our legal responsibility for death or personal injury caused by our negligence or legal responsibility resulting from us failing to carry out our legal duty under Part 1 of the Consumer Protection Act 1987 or for fraud.

 

Limitation of liability. Subject always to the above exclusions our liability to you under these terms for any loss and/or damage caused to you shall in all cases be limited to either:

 

  • The Fees paid by you in respect of any claim relating to advertising Services we agree to provide to you; and
  • £100 in respect of any other claim

 

Please note that we provide a comparison service only and accept no liability for any products or services promoted on our site. If you are unhappy with any product or service that you purchase from a party advertising on our site you should refer to the terms and conditions of the party that you ultimately purchase them from, and should direct any comments, queries or complaints about such product or service to the retailer.

 

Your responsibility to us

If you do not comply with these terms, and we incur any costs, loss, claims, expenses and other liabilities which result from your non-compliance, you agree to reimburse us for such costs, loss, claims, expenses and other liabilities. This is in addition to any other specific remedies we have in these terms or under the law generally (such as our right to prevent you accessing the site or to terminate your access to our products and services).

 

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

 

We are not responsible for viruses and you must not introduce them

We do not guarantee that our sites will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our sites. You should use your own virus protection software.

You must not misuse our sites by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our sites, the server on which our sites are stored or any server, computer or database connected to our sites. You must not attack our sites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 or relevant local laws. We will report any such breach 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 sites will cease immediately.

 

Which country’s laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

 

Last Updated: 29 February 2020