1.1 These are the terms that apply to your account with us (“Account”) which may be associated with loyalty or other services that we provide in connection with your Account (collectively, “Services”) that include the Application provided for this purpose. Please read this Legal Agreement (“Agreement”) carefully before clicking the “I Agree” button, downloading or using the Mobile Application for IOS or Android (“Application”).
By clicking the “I Agree” button, downloading or using the Application, you agree to be bound by the terms and conditions of this Agreement between:
You (either a business or an individual accepting this Agreement); and
The Thatched Tavern (“we”, “us” and “our”), a company incorporated in England and Wales (Company Number 06852039) with registered offices at Cheapside Road, Ascot, SL5 7QG, United Kingdom.
If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the Application.
The Application is licensed, not sold, to you for use strictly in accordance with the terms of this Agreement.
1.2 By downloading the Application, registering for an Account or by using any of the Services, you agree to be bound by these terms which form a binding contract between you and us from that point until either you or we close your Account.
1.3 You can contact us by writing to us at the address above or by emailing us at email@example.com. We will communicate with you in English language and you agree that most communications will be by email or by us posting material on our website.
2.1 To use the Services, you must first open an Account. You can apply for an Account through the Application or Online. It is free to register for an Account. You must not attempt to open more than one Account at a time.
2.2 To register, you must satisfy the following minimum eligibility criteria:
(A) You must be an individual acting on your own behalf, in your own personal capacity (and not as a business or on behalf of another person, company or other organisation);
(B) You must be at least 18 years of age (or any older age legally required under local law in your country to bind yourself legally to these terms);
(C) You must have a real mobile phone number that only you have access to;
(D) You must have a real email address that you check regularly; and
(E) You must not already hold an Account or have had an Account which was closed by us.
2.3 To provide certain information about yourself. This information must be true, accurate, complete and up-to-date. You must update your Account information promptly in the event of any change to this information. Your privacy is important to us. You explicitly consent to us accessing, processing, and retaining any information you provide to us, for the purposes of providing payment, pre-order, loyalty or other Services. This does not affect any rights and obligations you or we have under data protection legislation. You may withdraw this consent at any time by closing your Account. If you do this, we will stop using your data for this purpose, but may continue to process your data for other purposes. Our Privacy Notice explains how we collect, use, disclose, transfer and store your information and sets out your rights to your information. We will inform you when we make any changes to our Privacy Notice.
2.4 We may decline any application to register for an Account. We are not obliged to give a reason if we decline your application.
2.5 We reserve the right to carry out checks (including checks with credit reference agencies) for the purposes of verifying your identity and credit status so that we can comply with our anti-money laundering (AML) and know-your-client (KYC) obligations. By agreeing to these terms, you agree to our doing so.
3.1 You are the only authorised user of your Account. You must not let anyone else use your Account. You are responsible for keeping your Account safe (including if the mobile device is lost, stolen or damaged).
3.2 By opening an Account, you may have access to one or multiple Services, including loyalty, pre-order, and payments
3.3 We reserve the right to alter or replace your user details, or require you to do so, at any time. We may suspend access to your Account in the meantime.
4.1 As part of giving you an Account, we offer loyalty services which provide you with the rights to collect points or stamps which can accumulate into rewards.
4.2 As long as your Account is active, you can identify at the point of sale or via the Application to collect stamps or points which will be applied to your Account.
4.3 To view and redeem stamps or points against any rewards you must scan your QR code at the point of sale. Rewards can only be redeemed at our point of sale or online.
4.4 Points or stamps are issued by us for use at participating outlets. Loyalty is not a credit card, charge card or debit card. You cannot transfer your stamps or points, or any rewards collected, to any other person.
5.1 From time to time, we may run advertising and promotional campaigns. Subject to you opting-in, where necessary, we may communicate campaigns to you. If you receive communications about a campaign from us, we do not guarantee that you are eligible to participate in it and you should check that you are eligible, what you have to do (if anything) to participate, for how long it is available and any other material conditions, as set out in the relevant campaign terms and conditions.
5.2 We are responsible for any campaign and the terms and conditions that apply and making sure you are aware of them. We may choose to change or discontinue a campaign at any time.
5.3 You may cease to be eligible to continue participating in any ongoing Campaign and cease to be entitled to benefit from a loyalty reward if:
(A) Your Account is suspended or closed;
(B) We change or discontinue the campaign.
5.4 We will not be responsible for any detriment or disappointment you may suffer because of your participation in any campaign, reward, offer or promotion. This will not affect any Transaction that has already been completed.
8.1 We reserve the right to make changes to these terms. We will notify you of any change(s), including details of when they will come into effect.
8.2 Subject to any statutory notice period, you will be deemed to have accepted the change, even if you do not tell us, if
(A) You continue to use your Account, the Services, or the Application after the date specified; or
(B) You do not close your Account before the date specified for the change.
9.1 You may close your Account, without charge, at any time by emailing firstname.lastname@example.org
9.2 We may close your Account or withdraw any of the Services without reason at any time on not less than one month’s notice to you.
9.3 We may, from time to time, suspend (in whole or in part) the operation of any Services and/ or your use of your Account if:
(A) We suspect your Account is being used in connection with unauthorised, fraudulent or unlawful activities;
(B) We suspect that the security of your Account has been compromised or suspect an unauthorised Transaction;
(C) We are required to do so by law, court order or the instructions of a regulator;
(D) You breach any of these terms; or
(E) As otherwise set out in these terms.
9.4 We may, with or without prior notice, close your Account if:
(A) You no longer satisfy the minimum eligibility criteria set out in paragraph 3.2;
(B) You use the Account, the Application, or Services in connection with fraudulent or unlawful activities; or
(C) You breach any of these terms.
9.5 If you have breached these terms, we may take such additional action as we deem appropriate including by:
(A) Issuing a warning to you;
(B) Commencing legal proceedings against you for recoverable loss and damage resulting from the breach (including reimbursement of all sums paid if you have used your Account in a fraudulent manner and/or using an unauthorised payment card);
(C) Disclosing relevant information to law enforcement authorities; and/or
(D) Suspending your Account and use of the Services.
The actions described above are not limited and we may take any other action we deem appropriate.
9.6 Upon closure of your Account, for whatever reason:
(A) All rights granted to you under these terms will cease immediately (but this will not affect any rights or remedies which either you or we may have in respect of anything that takes place before your Account is closed); and
(B) You must discontinue promptly all use of your Account, the Services, and the Application
10.1 Nothing in these terms shall limit or exclude our liability to you:
(A) For death or personal injury caused by our negligence;
(B) For fraud or fraudulent misrepresentation;
(C) For breach of any term implied by the Consumer Rights Act 2015 which, by law, may not be limited or excluded; or
(D) For any other liability that, by law, may not be limited or excluded.
10.2 TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM AND EXCLUDE ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES, WHETHER IMPLIED OR EXPRESS AND WHETHER ARISING BY LAW, CONTRACT OR A COURSE OF DEALINGS BETWEEN US.
10.3 WE DO NOT GUARANTEE THE CONTINUOUS OR UNINTERRUPTED OPERABILITY OF THE SERVICES OR YOUR ACCOUNT. THERE MAY BE PERIODS OF DOWNTIME FOR MAINTENANCE AND UPGRADE WORK (WHETHER ON A SCHEDULED OR UNSCHEDULED BASIS). WE ARE NOT RESPONSIBLE FOR THE SECURITY OF INFORMATION THAT YOU CHOOSE TO COMMUNICATE WITH US WHILE IT IS BEING TRANSMITTED OR FOR ANY DATA LOST DURING TRANSMISSION.
10.4 SUBJECT TO PARAGRAPH 9.1, IN NO EVENT SHALL WE, OUR AGENTS, OFFICERS, EMPLOYEES OR SUB-CONTRACTORS BE LIABLE TO YOU FOR ANY LOSS OR CORRUPTION OF DATA, SOFTWARE OR HARDWARE; LOSS OF ANTICIPATED SAVINGS; LOSS OF PROFIT OR ECONOMIC LOSSES; INDIRECT, SPECIAL OR CONSEQUENTIAL LOSSES AND ANY LIABILITY WE DO HAVE FOR LOSSES YOU SUFFER IS STRICTLY LIMITED TO LOSSES THAT WERE REASONABLY FORESEEABLE AND, IN ANY CASE, SHALL NOT EXCEED THE SUM OF £50.
10.5 WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF, ANY OF OUR OBLIGATIONS THAT IS CAUSED BY ANY ACT OR OMISSION OF A THIRD PARTY OR EVENTS OUTSIDE OUR REASONABLE CONTROL.
11.1 If you wish to make a complaint about an order you place for goods and services, either in a store, whether it is on the website or in the application, please contact us at email@example.com.
11.2 If you wish to make a complaint about your Account or the Services, please email us at firstname.lastname@example.org giving brief details of your complaint. A summary of our complaints handling procedures is available our website and we can provide a copy on request.
12.1 You may not transfer or assign any of your rights or obligations under any these terms.
12.2 If we fail to enforce any of our rights, that does not result in a waiver of that right.
12.3 If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.
12.4 These terms may not be varied except with our express written consent.
12.5 These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any these terms. We are required by law to advise you that the contract formed on these terms may be concluded in English language only and that no public filing requirements apply.
12.6 No third party has the right to enforce any of these terms under the Contracts (Rights of Third Parties) Act 1999.
12.7 These terms shall be governed by English law, except that if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, there may be certain mandatory applicable laws and regulatory codes and/or guidance of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.
12.8 You agree that any dispute between you and us regarding these terms or any Services or your Account will only be dealt with by the English courts.