Website Terms and Conditions

1.Your acceptance of our term and conditions

1.1 The following terms and conditions govern your use of EIC’s website (“this Website”) including without limitation participation in its bulletin boards, forums, personal ads, chats, and all other areas, including recipe ratings and feedback. They should be read carefully as they affect your rights and liabilities under the law. By using this Website or by registering as a member you are confirming your agreement to be bound by these terms and conditions. If you do not agree with these Terms and Conditions, please leave this Website immediately and do not register to become a member of this Website.

1.2 We may revise these Terms and Conditions at any time without notice. The date of the most recent revisions will appear on this page. Please check these terms and conditions before using this Website for any changes that have been made. Your continued use of this Website will mean that you accept our most current Terms and Conditions of use. If you do not agree to any changes in these Terms and Conditions as they may occur please discontinue your use of this Website immediately and notify EIC that you wish to withdraw your registration.

1.3 From time to time EIC may supplement these Terms and Conditions with additional terms relating to specific parts of this Website, matters or events. Such additional Terms and Conditions will be posted in the relevant parts of this Website, and will be clearly identified. You understand and agree that any such additional terms are incorporated by reference into these Terms and Conditions. Your continued use of this Website constitutes your agreement to comply with these additional rules.

1.4 Your failure to follow these rules, whether listed below or in bulletins posted at various points on this Website, may result in suspension or termination of your access to this Website, without notice.

2. Access to free areas

You will be able to access some of the areas within this Website without registering as a member. Certain areas of this Website are only open to you if you register. However, by accessing any part of this Website you agree to be bound by these Terms and Conditions.

3. Membership

To register as a member of this Website, you must be over 18 years of age. You must ensure that the details provided by you on registration or at any time are correct and complete. You can review and amend your details by signing into the Member Log-in section of this Website. With the exception of any special offers, the initial membership term is 5 months (“the Initial Membership Term”). Unless specified otherwise, membership is automatically renewed on a monthly basis following the expiry of the initial 5 month term.

4. Payment

4.1 You can pay membership fees by any Mastercard or Visa credit card, Maestro, Visa Electron, Delta, Switch or Solo debit cards. Your credit/debit card details can be entered on this Website. The details will be encrypted to minimise the possibility of unauthorised access or disclosure.

4.2 The Initial Membership Term will run for 5 months. Thereafter, you will be charged monthly until your membership is cancelled. Details of pricing and any special offers/new member discounts are shown in the sign up process. Prices are expressed inclusive of any taxes payable (including any applicable VAT).

4.3 Any reduction or increase in the monthly membership price will take effect in your next membership month following notification. Your membership month begins on the next calendar date after the date on which your Initial Membership Term ends and finishes on the day before that calendar date the following month

5. Password and Security

5.1 If you register to become a member of this website, you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. Responsibility for the security of your passwords rests with you. You are responsible for all activities that occur under your password . If you know or suspect that someone else knows your password you should notify us immediately by contacting info@theeveninginn.com

5.2 If EIC has reason to believe that there is likely to be a breach of security or misuse of this Website, we may require you to change your password or we may suspend your membership in accordance with the these terms and conditions.

5.3 Each registration is for a single user only. EIC does not permit you to share your user name and password with any other person nor with multiple users on a network.

5.4 You undertake that all registration details you provide to us are correct. If there are any changes in the details supplied by you, you will notify us as soon as possible. EIC reserves the right to terminate your ability to access this website and your registration with this website if EIC learns that you have provided EIC with false or misleading registration information.

6. Excluded Services

The services provided by this Website do not include the provision of computer or other necessary equipment to access this site. To use this Website you will require Internet connectivity and appropriate telecommunication links. EIC shall not be liable for any telephone or other costs that you may incur.

7. Suspension and Cancellation of Membership

7.1 EIC may suspend or cancel your membership immediately at our reasonable discretion or if you are in breach of any of your obligations under these Terms and Conditions.

7.2 You have a statutory right to cancel this agreement without charge as long as you do so in writing or by e-mail (sent to info@theeveninginn.com) to arrive not later than seven days after the date of your agreeing to these terms and conditions. However, if you access this Website within seven days of your acceptance of these terms and conditions your right to cancel this agreement without charge under The Consumer Protection (Distance Selling) Regulations 2000 may be lost.

7.3 You can cancel your membership at any time after the Initial Membership Term by contacting info@theeveninginn.com. Your cancellation will take effect from the starting date of your next membership month. You will not be entitled to a refund for any monthly membership fee already paid.

8. Your use of this website

8.1 Except where you have purchased a multiple use licence, this Website is intended for your personal, non commercial use only. Except as provided by Clause 8.3 below where you are assisting a user under the age of 18 , you may not authorise others to use this Website. You are responsible for all use of this Website by you and others you may provide access to this Website for.

8.2 This Website contains material that is protected by national and international copyright, trademark and other intellectual property laws. You accept that you do not have the right to modify, copy, download, reproduce, republish, show, post, transmit, distribute in any way, licence or create derivative works of any part of this Website or of any material on this Website, including code and software. However, you may download information or material posted on the public sections of this Website onto your personal computer and print this out provided this is for your own personal and non commercial use on the following basis only:-

(i) no documents or related graphics are modified;

(ii) no graphics on this Website are used separately from the corresponding text;

(iii) EIC’s copyright and trade mark notices and this permission notice appear on all copies; and

(iv) You must keep all copyright, trademarks and other intellectually property intact.

8.3 The Service is not intended for users under the age of 18, unless in assistance with an adult. Except where you have purchased a multiple user licence, you are only authorised to permit users who are members of your immediate family and under the age of 18 to access this Website. We do not knowingly collect personally identifiable information from users under the age of 18. Such users are expressly prohibited from submitting their personally identifiable information to us and from using our forums and chat areas. Any information submitted by such users will know knowingly be used, posted or retained by us.

8.4 You agree not to misuse, disrupt, overwhelm, attack, modify or interfere with this Service or its associated software, hardware and/or servers in any way, and you agree not to alter or tamper with any information or materials on or associated with the Service.

8.5 You may not attempt to gain access to EIC’s servers by any other means other than http requests using a Web browser. This includes, without limitation, using unauthorised administrator passwords or by masquerading as an administrator while using the Service or otherwise.

9. Material Supplied by You

9.1 Please see our Privacy Policy* which, subject to these terms and conditions, shall apply to all information provided to you by us. However, please be aware that information you disclose in publicly accessible portions of this Website will be available to all users of this Website. So you should be mindful of personal information and other content you may wish to post.

9.2 You are solely responsible for any information and material that you place on this Website or otherwise distribute via this Website. You acknowledge that EIC does not review or monitor information or material placed on this Website by you or other users.

When we refer to “information”, “messages” or “material” in these terms and conditions this includes information, messages or material in whatever medium, including text, graphics, videos, programs or audio.

9.3 You agree not to post or transmit to or from this Website any message, material or information which:-

(a) is unlawful, harrassing, libellous, defamatory, abusive, hateful, vulgar, sexually orientated, racially offensive, threatening, obscene, indecent, offensive, pornographic, discriminatory, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, which may cause annoyance or inconvenience or is otherwise objectionable; or

(b) is encrypted, constitutes junk mail, spamming or unauthorised advertising, a commercial offer, a bulk communication of any kind (including but not limited to distribution lists) to any person or that invades anyone’s privacy or encourages conduct that would constitute a criminal offence or that otherwise violates any local, national or international law or regulation. You agree to use this Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability; or

(d) is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

EIC shall fully co-operate with any law enforcement authorities or court order requesting or directing EIC to disclose the identity or locate anyone posting any material in breach of this clause.

9.4 You are responsible for ensuring that any information, messages and material provided by you to this Website or posted on a forum or bulletin board (i) does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party; or (ii) is posted with the permission of the owner(s) of such rights.

9.5 You also agree not to interfere with other users’ enjoyment of this Website, not to impersonate any other person or entity (actual or fictitious) on this Website and not to use an inappropriate member name for the purposes of this Website.

9.6 Save as expressly provided in our Privacy Policy*and by Clause 9.7 below, you agree that by submitting or posting any material or information on this site, including your member name:-

a) you warrant that such material or information is not subject to any third party copyright or any other proprietary right and that you have full capacity and authority to submit or place such material;

b) you grant EIC a royalty-free, perpetual, irrevocable, unrestricted, non-exclusive, world-wide license to use, sub-license, reproduce, modify, adapt, publish, translate, enhance, transmit, distribute and publicly perform such material or information on this Website and in our promotional activities and to authorise others to do so;

c) you permit any other users of this Website to access, display, view, store and reproduce such material or information for their personal non-commercial use; and

d) you hereby expressly permit EIC to identify you as the contributor of such material or information unless you otherwise notify EIC in writing at the same time as you submit such material or information that you do not wish to be identified.

Subject as aforesaid, you shall retain all and any rights that may exist in any such material or information submitted or posted by you on this Website.

9.7 EIC’s rights to publish and distribute any material or information submitted or posted by you on this website and the rights granted by you pursuant to Clause 9.6(c) to other users of this Website above shall be limited to such material as you agree shall be shared with other users of this Website.

10. Editing and Deletions

EIC reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on this Website or its bulletin boards, at its sole discretion, without notice.

11. Indemnity

11.1 You agree to indemnify and keep each of EIC, our subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand made by any third party due to or arising out of your breach of these terms and conditions or the documents incorporated by reference into these terms and conditions or your violation of any law or the rights of any third party (including in respect of reasonable legal and other professional fees and all applicable taxes thereon).

11.2 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you will pay all costs thereof.

12. Material Posted by Others Using this Site

12.1 EIC does not necessarily agree with, endorse, support, sanction, encourage or verify the comments, opinions, statements or ideas posted on the Café Chat forum or weblogs or elsewhere on this Website. EIC does not make any warranties with respect to any of the merchandise featured, mentioned, or sold on or through this Website. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements or those who actually sell any merchandise, and do not necessarily represent the views of EIC.

12.2 You agree that EIC is not responsible and shall have no liability to you, with respect to any information or material posted by others, including defamatory, offensive or illicit material or even material that violates this Agreement.

13. Links to and from other websites

13.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. You acknowledge that EIC has not reviewed and does not endorse the content of all sites linked to and from this site. EIC is not website is entirely at your own risk. You hereby waive any claim you may have against EIC with respect to such sites.

13.2 You are not permitted to create a hyperlink to or from this Website to any third party website without EIC’s written consent.

14. Intellectual Property Rights

14.1 Unless otherwise stated, the content, organisation, graphics, text, images, video, design, compilation, advertising and all other material on this Website, including, without limitation, the ‘look and feel’ of this Website, are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the property of EIC, its affliates, licensors or content providers. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such matters or any part of this Website, including by not limited to the removal or alteration of advertising for any purpose other than in accordance with these terms and conditions is prohibited. If you breach any of these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

14.2 You may not in any way make commercial or other unauthorised use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material or information obtained through this Website, except as permitted by the Copyright Act, or other law or as expressly permitted in writing by these terms and conditions. Any use by you of any such material or information for any commercial purpose or to obtain direct financial gain is prohibited and constitutes a material breach of these terms and conditions.

14.3 Subject to this clause, no part of this Website may be reproduced or stored in any other Website or included in any public or private electronic retrieval system or service without EIC’s prior written permission.

14.4 Other than personally identifiable information, which is covered under our Privacy Policy*, any material you transmit or post on this Website shall be considered non-confidential and non-proprietary. EIC shall have no obligations with respect to such material. EIC and its designees shall be free to copy, disclose, distribute, incorporate or otherwise use such material and all data, images, sounds and text and other things embodied therein for any and all commercial and non-commercial purposes.

14.5 You acknowledge that this Website permits you to access content which is protected by copyright, trademarks and other intellectual and proprietary rights. You also acknowledge that such rights are valid and protected in all media and technologies whether currently existing or later developed. You acknowledge that by downloading material or information from this Website you will not acquire any intellectual or proprietary rights in such material or information.

15. Copyright Complaints

15.1 EIC respects the intellectual property of others, and we ask our users to do the same. EIC may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright of others.

15.2 If you believe that your work has been copied and is accessible on this Website in a way that constitutes copyright infringement, or that this Website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify EIC by providing the following information to our designated Agent:

a) A physical or electronic signature of person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;

b) Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit EIC to locate the material;

d) Information reasonably sufficient to permit EIC to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and

f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Designated Agent:

Caroline Kemsley-Pein, Solicitor, Newbold House, Chapel Lane, Clipston, Market Harborough, Leicestershire LE16 9RL.

Please note that only copyright complaints should be sent to the above address. All other communications should be sent to info@theeveninginn.com

16. Privacy

16.1 At EIC we are committed to maintaining your privacy and the security of your personal information. However, we are unable to ensure or guarantee the security of any information transmitted over the Internet. For further details please see our Privacy Policy*.

16.2 All personal information stored by EIC, including personal details provided as part of the registration process, is kept on a server in a secure environment. Except as provided herein, EIC will not sell or disclose your name, address, telephone number, email address and password to any third party without your informed consent except to the extent necessary to comply with applicable laws, police investigations or in legal proceedings where such information is relevant.

16.3 Your registration details and any optional information you choose to provide to us are password protected to prevent others from viewing your personal information. You may edit your registration details at any time by using your password.

16.4 By using this Website, including submission of a registration form, you consent to our use of the personal information which you supply us with for the following purposes:-

a) Information which you agree can be shared with other users of this Website can be viewed by anyone with internet access throughout the world. You consent to the publication of that information in this way.

b) EIC allows access to database information by third parties providing technical services, such as e-mail, but only to the extent necessary to provide you with those services. In those instances such third parties are bound by these terms and conditions.

c) EIC may use the personal information which you provide us to monitor customer navigation of this Website, general customer requirements and interest patterns which is intended to help us improve the design of this Website and the provision of our services. This information will be used in aggregate form and may also be provided to third parties in this form.

d) EIC may also assign, sell, license or otherwise transfer to a third party your name, address, email address, password and any other personal information in connection with an assignment, sale, joint venture or other transfer or disposition of a portion or all of the assets of EIC or its affiliated entities.

e) EIC reserves the right to offer you third party services and products based on the information we collect from you. If you would rather not receive such information please let us know. EIC makes no representation or warranty with respect to the content of any such advertisements and promotions or any goods or services which may be obtained from any third parties and you agree that EIC shall have no liability in relation thereto.

17.1 In the event that you are able to order goods or services through this Website from any third parties, all matters relating to such goods and services, including purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the relevant seller or service provider and subject to the terms and conditions that may apply to such transactions. EIC makes no warranties or representations whatsoever with regard to any goods or services provided by such third parties. You will not consider EIC nor will EIC be construed as a party to any such transactions, whether or not EIC may have received some form of revenue or other remuneration in connection with the transaction. EIC shall not be liable for any costs or damages whatsoever arising out of any such transaction, either directly or indirectly and you hereby waive your rights to bring any claim against EIC in relation thereto to the maximum extent possible.

17.2 EIC is entitled to refuse any order placed by you. If your order is accepted we will send you an e-mail or telephone you confirming acceptance of your order and informing you with whom your contract is made.

17.3 Where your contract is not with EIC but with a third party, EIC may pass on your credit card and any other essential details to that third party. By placing an order with us you consent to us passing on such details. You agree to pay any charges incurred by you with any third party provider as well as any applicable taxes relating to such charges.

18. LIMITATION OF LIABILITY AND DISCLAIMER

Your attention is particularly drawn to the provisions of this Clause 18.

18.1 This Clause sets out the entire liability of EIC (including any liability for the acts or omissions of its directors, employees, sub-contractors and agents) to you in respect of:-

a) any breach of your agreement with EIC;

b) any use made by you of this Website or any part of it; and

c) any representation, statement or tortuous act or omission (including negligence) arising under or in connection with your agreement with EIC.

18.2 Nothing in these terms and conditions or our Disclaimer shall exclude or limit EIC’s liability:-

a) for death or personal injury caused by EIC’s negligence;

b) for fraud or fraudulent misrepresentation;

c) under section 2(3) of the Consumer Protection Act 1987; or

d) for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability.

18.3 Other than as set out in Clause 18.2:-

a) EIC’s maximum liability to you hereunder in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall be limited to £[ ];

b) EIC and any other party (whether or not involved in creating, producing, maintaining or delivering the website) and any of EIC’s group companies and the officers, directors, employees representatives or agents of any of them exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including, without limitation, any direct, indirect, special, consequential or punitive damages or any loss of income, profits, goodwill, data, contracts, use of money or loss or damages arising from or connected in any way with business interruption, and whether in tort (including without limitation negligence) contract or otherwise) in connection with the website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the website or your downloading of any material from this Website or any websites linked to this Website or otherwise allegedly sustained arising out of your agreement with EIC, the providing of services hereunder, the sale of purchase of any goods or merchandise, regardless of the type of claim or the nature of the cause of action; and

c) You release EIC, its affiliates, and third party services and each of their directors, officers, employees and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (“claims”) arising out of or in any way connected with your use of this Website.

18.4 You acknowledge that you are using this Website at your own risk. While EIC endeavours to ensure that the information on this Website is correct, the service is provided ‘as is’ without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, EIC, its affiliates and its third party services hereby expressly disclaim any and all representations, warranties, conditions and other terms, express or implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose, the use of reasonable care and skill or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the completeness of any information contained herein or provided by this Website.

18.5 EIC does not warrant the accuracy and completeness of the material on this Website. EIC may make changes to the material on this Website, or the products and prices described in it, at any time without notice. The material on this Website may be out of date and EIC makes no commitment to update such material.

18.6 While EIC endeavours to ensure that this Website is normally available 24 hours a day, neither EIC, nor its affiliates or third party services shall be liable if for any reason this Website is unavailable at any time or for any period. Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond EIC’s control.

18.7 Health – Caution in use of this Website

You agree that it is your sole responsibility to ensure that none of meals which you make as a result of using this Website sets off an allergic reaction in you or any or your family or guests. In particular, please be aware that many of the recipes posted on this Website may contain nuts. Additionally, you are solely responsible for ensuring that all necessary health and safety standards are observed in the preparation of any recipes downloaded or accessed from this Website.

19. Our rights in the event of your breach of these terms and conditions

In the event that we determine in our sole discretion that you have breached any of these terms and conditions or have otherwise demonstrated conduct inappropriate for this Website, we shall be entitled (but not obliged) with or without warning to you to:-

a) warn you via e-mail that you have breached these terms and conditions;

b) delete all or any content provided by you or your agent(s) to this Website;

c) suspend or terminate your ability to access this Website and/or any other service provided to you by us;

d) discontinue your registration with this Website or any related web site;

e) notify and/or send content and/or fully co-operate with the proper law enforcement authorities in connection with any action that we or such authorities consider appropriate in relation to your breach of these terms and conditions; and/or

f) take any other action which we consider appropriate in the circumstances.

EIC shall not be liable to you for any breach of these terms and conditions.

20. Termination

EIC may modify or discontinue this Website at any time without notice to you and without liability to you or any third party.

22. General

22.1 In the event that any provision of these terms and conditions is held invalid or unenforceable that provision will be severed and the remainder of these terms and conditions will remain in full force and effect.

22.2 No failure of either party to exercise or delay in exercising any rights under these terms and conditions shall constitute a waiver of that right.

22.3 EIC may assign its rights and obligations under these terms and conditions and, upon such assignment, EIC will be relieved of any further obligation hereunder. You may not assign any of your rights and obligations hereunder without our written consent.

22.4 By registering with this web site you represent to EIC that you have the authority to register with this Website in accordance with these terms and conditions.

22.5 These terms and conditions, EIC’s Web Disclaimer* and any additional terms (as such terms shall be identified when posted on this Website by EIC) constitute the entire understanding between the parties as to the subject matter hereof.

23. Jurisdiction

These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.

EIC makes no representation that the materials on this Website are appropriate, available or legal for use in locations outside the United Kingdom and the Republic of Ireland and accessing this website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom and the Republic of Ireland, you do so at your own initiative and are responsible for compliance with local laws.