WEBSITE TERMS OF USE

Version number: 202007

Effective date: 01/07/2020

1. Introduction
   • This website is owned and operated by Macchiato Bar Limited. Our company information is at the end of this document.

• Please read these terms and conditions carefully. They replace any previous versions. Please print or save these terms for future use as we cannot guarantee that they will remain accessible on our website in future. These terms and conditions are available in the English language only.

• These terms and conditions apply to use of our website. The sale of goods via our website is subject to separate terms and conditions.

• Where we refer to “Consumer” below we mean an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.

 

2. Changes to the terms and conditions
   • We may change these terms and conditions by posting the revised version on our website at any time. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our website following the effective date shown.

3. Acceptable use policy
   • You undertake not to do any of the following in connection with our website:
     • breach any applicable law, regulation or code of conduct or infringe any intellectual property or other rights of others;
     • upload any information (including links or references to other content), or otherwise behave in a manner, which:
       1. is unlawful, defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive;
       2. infringes any intellectual property or other rights of others;
       3. involves phishing or scamming or similar; or
       4. we otherwise reasonably consider to be inappropriate;
     • upload any information which involves revealing someone else’s personal information unless that person is 18 years or over and you have obtained that person’s explicit written consent or you are the parent/guardian of such person;
     • impersonate any person or entity in order to mislead others;
     • upload any Content which links to any third party websites which are unlawful or contain inappropriate Content;
     • use the Service to provide a similar service to third parties or otherwise with a view to competing with us;
     • use the Service for junk mail, spam, pyramid or similar or fraudulent schemes;
     • do anything which may have the effect of disrupting the Service including denial of service attacks, worms, viruses, software bombs or mass mailings;
     • do anything which may negatively affect other Users’ enjoyment of the Service;
     • gain unauthorised access to any part of the Service or equipment used to provide the Service;
     • intercept or modify communications to or from the Service;
     • circumvent any security or other features of the Service including features that restrict use or copying of Content; or
     • attempt, encourage or assist any of the above.

4. Content
   • You acknowledge that any information published or sent on or via our service by other users is the sole responsibility of the person from whom such content originated and we are not responsible for it.

 

• We cannot guarantee that any general information that we may make available on our website is accurate or up to date. You rely on it at your own risk.

• We reserve the right without notice or refund to suspend, alter, remove or delete content or to disclose to the relevant authorities or to a complainant any content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or if we are required to do so by law or appropriate authority.

5. Third party websites / advertising / services
   • We may link to third party websites which may be of interest to you and/or include third party advertising on our site and/or use third party-provided services on our site. We do not recommend or endorse, nor are we legally responsible for, those sites or services. You use such third party sites or services at your own risk.

6. Privacy
   • You acknowledge and agree that we may process your personal information in accordance with the terms of our privacy and cookies policy  which is subject to change from time to time.

 

7. Functioning of our website
   • We do not guarantee that our website will be uninterrupted or error-free and we are not responsible for any losses arising from such errors or interruptions. We are entitled, without notice and without liability (a) to suspend the website for repair, maintenance, improvement or other technical reason and (b) to make changes to our website.

8. Your account
   • If we permit you to create an account on our website, this is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You undertake to take reasonable care to keep your login information confidential and to notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password.  You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

• We are entitled at any time for any reason and with or without notice to terminate your account on our site including deletion of all data contained therein.

 

9. Liability
   • Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.

• Very important: If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
  • there is no breach of a legal duty owed to you by us or by any of our employees or agents;
  • such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
  • such loss or damage is caused by you, for example by not complying with this agreement; or
  • such loss or damage relates to a business of yours.

• Very important: If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our website (subject of course to our obligation to mitigate any losses).

• The following clauses apply only if you are a business:
  • In no event (including our own negligence) will we be liable for any:
    1. economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
    2. loss of goodwill or reputation;
    3. special, indirect or consequential losses; or
    4. damage to or loss of data

(even if we have been advised of the possibility of such losses).

• You will indemnify us against all claims and liabilities directly or indirectly related to your use of the website and/or breach of this agreement.
• To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.

 

10. Intellectual property rights
    • The intellectual property rights in all material used on or in connection with our website are owned by us or our suppliers, partners or other users. For your personal use only, you may view such material on your device. You must not otherwise use such material including copying, selling or altering it or taking extracts from it without our specific prior written consent.

• Just to be clear – you must not collect, scrape, harvest, frame or deep-link to any information on our website without our specific prior written consent.

• If you publish any content on our site or provide us with any ideas or suggestions, you allow us at no cost, and perpetually, to use and adapt all or part of such material however we wish, both on our own website and also, for marketing purposes, on other channels including different websites, social media and emails.

11. English law
    • These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a consumer to rely on such mandatory provisions of local law.

12. General
    • We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. We may transfer this agreement to a third party but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise.

 

13. Complaints
    • If you have any complaints, please contact us via the contact details shown below.

 

14. Our company information
    • Company name: Macchiato Bar Limited
    • Trading name: “Macchiato Bar”
    • Country of incorporation: England and Wales.
    • Registered number: 08048422
    • Registered office: New Burlington House, 1075 Finchley Road, London, NW11 0PU
    • Main trading address: Macchiato Bar, Brent Cross Shopping Centre (mall 5), London, NW4 3FP
    • Contact email address: OnLine@macchiatobar.co.uk
    • Other contact information: See our website.
    • VAT number: 139377873