Please ensure that you read carefully through the following terms and conditions before using this Site.
1. Acceptance of terms of use
By using this site (the "Site"), you (the "End User") and you (the “Restaurant”) agree to these terms and conditions that we, Sardine’s Plaice.com Limited T/A The Mobile Food Guide ("hereinafter MFG") have provided. If you do not want to agree or agree to these terms and conditions, please do not use our site.
MFG reserves the right to make any changes to our Terms of Use and/or our Privacy Policy as we deem necessary or desirable without prior notification to you. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein.
The details provided by the restaurant on the application form are important. You must ensure your details are correct and complete and inform us of any changes.
The provisions in these terms and conditions relating to disclaimer, copyright, trademark, limitation of liability, indemnity, hypertext links, age, conflict of interest, severance and law and jurisdiction shall survive any termination.
2. Disclaimer
This Site and the materials, products and services in this Site are provided on an "as is" and "as available" basis.
To the full extent permitted at law MFG makes no (and expressly disclaims all) representations or warranties, express or implied in respect of this Site or its contents or the contents, advice and opinions of any Hypertext Link or third party contributor to this Site, including, but not limited to, implied warranties as to quality, accuracy, adequacy, usefulness, timeliness, reliability, merchantability and fitness for a particular purpose and non infringement of the contents of this Site or any goods or services purchased or obtained or any transactions entered into by you through this Site.
MFG does not represent or warrant that the material or any of the functions contained in this Site or the contents of any hypertext link or any comments, advice or opinions by any third party contributor to this Site will be uninterrupted, accurate, complete or that current defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components.
You shall be responsible for protecting the confidentiality of your password(s), if any. You acknowledge that, although the Internet is generally a secure environment, sometimes there are interruptions in service or events that are beyond the control of MFG, and MFG shall not be responsible for any data lost while transmitting information on the Internet.
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. MFG shall not be liable for any damages to your equipment resulting from the use of this Site. You expressly agree that the use of this site is at your sole risk.
Neither MFG, nor its affiliates, information providers or content partners, shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or un-timeliness or un-authenticity of, the information contained within this site, or for any delay or interruption in the transmission thereof, or for any claims or losses arising there from or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including without limitation lost profits, punitive or consequential damages.
3. Copyright
You agree that all copyright, trademarks and other intellectual property rights in the material or content of this Site shall remain at all times vested in MFG or its licensors.
You agree that the content of this Site is made available for you in your personal capacity and for your personal use only, and not for any commercial use. You agree that you may only download the content of this Site onto one computer hard drive, but not for commercial use, and that any other use of the content of the Site is strictly prohibited.
You agree that you will neither solely or jointly with or on behalf of any other third party directly or indirectly copy, reproduce, transmit, distribute, publish, display, commercially exploit or create derivative works of the content of this Site.
You agree that you will not change in any way any proprietary notices from material down loaded from this Site by you for your non commercial personal use.
You agree that by the act of posting materials onto this Site you grant MFG and any licensors an irrevocable, perpetual, royalty free worldwide license to use the said materials in any manner which MFG sees fit. The license will include broadcasting, editing, copying, distributing and otherwise transmitting the material.
4. Trademarks
TheMobileFoodGuide.com is a trademark of Sardine’S Plaice.com Limited. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on MFG are the property of their respective owners.
5. Limitation of Liability
To the fullest extent permitted by law you agree that MFG shall not be liable in negligence, contract, tort, statutory duty or in any other way for any of the following:
Any loss or damage caused of whatever nature arising directly or indirectly from or in any way related with the Site. Your reliance or use of any information or material obtained either directly or indirectly from the use of this Site. Any purchases or orders that you make for goods and/or services either indirectly or directly through this Site, including any damage for loss of profits or loss of business without limitation. Any other consequential or pecuniary loss in any way related to the use of this Site.
Condition 5 shall apply even if MFG have been advised of the possibility of such loss or damage.
You acknowledge that any dealings, bookings or purchases of goods or services made with a third party by you through this Site shall be subject to the terms and conditions of that third party and that MFG will not be a party to or in any way responsible for or liable to you in respect of any transactions between you and that third party.
You agree that it is your sole responsibility to evaluate any goods or services offered by this Site or by any third parties via this Site.
MFG is unable and therefore does not make any representations or warranties as to the security of information that you pass to any third parties as a result of using this Site either directly or indirectly.
You acknowledge that MFG has no control over the information which can be accessed by this Site or which can be accessed by any other web site which you access as a result of using this Site.
You acknowledge that MFG does not know or examine the use to which you or other users put this Site or the nature of the information you or other users are sending or uploading.
MFG therefore excludes all liability of whatever kind and to the fullest extent permitted by law (this includes libel, breach of confidence, invasion of privacy, negligence and all intellectual property infringements) for the transmission or reception of information which can be accessed by this Site of whatever nature by about or to you.
6. Indemnity
You agree to keep MFG indemnified against all actions, claims, costs, expenses (including all legal costs) and damages brought against or suffered by MFG arising out of any breach of these terms and conditions or any activity relating to your use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your name and password (if applicable) registered under this Site.
7. Persons under the age of 18
If you are under 18 years of age you agree that you have had your parents’ permission to send any information to us about yourself or anyone else over the internet.
MFG make no representations or warranties to the effect that the contents of this Site are suitable for people under the age of 18.
8. Uploads to the site
By way of example, and not as a limitation, you agree that when up loading information to the site, you shall not do any of the following:
You agree to not post (or transmit) (i) any information which is objectionable including, without limit, information which is defamatory, obscene, threatening, untrue or in breach of any applicable laws, rules, regulations or market conventions (ii) any information which is in breach of any person's rights (including without limit, copyright and confidentiality), (iii) any information or software which contains a virus, cancelbot, Trojan horse, worm or is otherwise harmful or (iv) any information or comment which is deemed harmful to MFG or MFG’.s commercial interests. MFG reserves the right to remove any such information from the Services without warning and to inform and give assistance to the relevant bodies in respect of any transgressions. We accept no responsibility for and give no warranties in connection with any information posted on our site by our users. We recommend that you do not rely on such information. By placing on the Services or making available to other users any information you hereby grant MFG a worldwide non-exclusive licence to use copy, distribute, publish and transmit such information in any manner MFG wishes (including, without limit, archiving and making available such information as part of the Services).
9. Refund Policy
Refunds wherever applicable will be given at the discretion of the MFG Management.
10. Hypertext links & Telephone Numbers
MFG provides hypertext links to sites on the Internet which are operated by other people. Using an external hypertext link means that you may be leaving MFG's site and MFG therefore takes no responsibility for and gives no warranties, guarantees or representations in respect of linked sites.
If the number for a venue starts with 0871 please be aware of the following: Calls to 0871 numbers will be charged at a fixed rate of 10p per minute (from a landline or a mobile) no matter where you are within the UK. This number is unique to MFG.
11. Conflict of interest
Your attention is drawn to the fact that in respect of the Services, we, a connected company or some other person connected with us may have an interest, relationship or arrangement that is material in relation to any Information supplied or could give rise to a conflict of interest and you agree that we shall not be required to disclose it to you. Our representatives are required to comply with a policy of independence and disregard any such interest, relationship or arrangement in the course of carrying out their duties.
12. Monitoring
MFG shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by MFG, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, MFG shall have the right to remove any material that MFG, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
13. Termination
Either MFG or you may terminate this Agreement at any time. Without limiting the foregoing, MFG shall have the right to immediately terminate any passwords or accounts of yours in the event of any conduct by you which MFG, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement.
14. Complete agreement
These terms and conditions (together with the duly completed application form and payment method instructions, if applicable), are the whole agreement between you and MFG. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by MFG.
15. General
Any notice from MFG to you may be delivered by e-mail or post to you at your last known address. Evidence of posting (either electronically or otherwise) shall be taken as evidence of delivery. This agreement shall be governed by English Law. All disputes arising from or in connection with this agreement shall be subject to the non-exclusive jurisdiction of the English Courts. You hereby accept and submit to the jurisdiction of such court in any such proceeding or action, and irrevocably waives, to the fullest extent permitted by law, any objection which you may now or hereinafter have to the laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum. If any term of this agreement is held to be illegal or unenforceable the validity and enforceability of the remainder shall continue in full force and effect. The provision in question shall be replaced by a valid and enforceable term which corresponds, so far as possible, with the original. Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy. All disclaimers, indemnities and exclusions in this agreement shall survive termination of this agreement. Neither you nor MFG shall be held liable for any loss or failure to perform any obligation hereunder due to causes beyond your or their respective reasonable control. This agreement replaces all terms and conditions previously applicable to the provision of the Services or any of them. The section headings used herein are for convenience only and shall be of no legal force or effect.
