Finding Your Favourite Eatingspot


Our Members' Service Policy Agreement is straight forward and is taken very seriously.
Please read on to find out why ...


Definitions

In these terms the following expressions have the following meanings:

"We" means Us
(eatingspot.com) or any representative directly related to us by strict permission of eatingspot.com.

"Authorised User or Person" means You as the person authorised by Us  to become a 'Member' of our Service to provide instructions to us for the public either on our paid or free subscription Service.

"Customer or Client", "you" or "your" means You, the individual, sole trader, partnership or company named on the application form for the Service that includes any authorised users.

"
Service" means the Service, known as "Eatingspot.com Restaurant Information Guide and Finder", offered by us to customers to enable the public to find out specific information about a restaurant via a computer connected to our server via the Internet.


We reserve the right to change any part of this policy at any time and will post any changes to it as soon as they go into effect.


1. Members Provision of Service

(a)
The authorised user must be a responsible person and is held in complete confidence with this policy agreement.  The authorised user may allow any one to use our member service provided the authorised person agrees to it whereby the authorised person is wholly responsible for the other person's actions.  

(b) We will not be responsible to you if changes to the Service or to any of our facilities render your equipment obsolete, require modification or alteration to your equipment or otherwise affect performance of your equipment.


(c) We reserve the right to control and establish technical procedures for the use of the Service and you agree to follow the reasonable instructions and procedures with respect to the use of the Service as notified to you from time to time.  We also reserved the right to make operational changes to the Service and may notify you of any such changes.

(d) You are responsible for obtaining and maintaining your own compatible computer system, being all such equipment, software and communication lines, including any public communication lines, required by you to properly access our Service.

(e) We may alter the facilities available under our Service at any time. We will notify you of significant changes to our Service.  We will not notify you if these changes are insignificant, provided it does not interfere with your familiarity of using our Service.

(f) We are not responsible for the accuracy of restaurant information transmitted by you or by us (provided all information given to us is accurate and up-to-date) and shall not be liable for any loss incurred or damage suffered by you due to any such information not being accurate or complete.

We therefore cannot be held responsible for misrepresentation of your restaurant details.

(g) You are responsible for virus checking all information sent to you by us. We shall not be liable for any corrupt information sent to you, by us.  We do, however, check for viruses every time we need to send data out to you.

(h) We may send you electronic messages (email) from time to time. You should check each time that you log on to your computer system's email facility whether any such messages have been received.
If we cannot send you electronic messages to a valid email address then we will correspond to you with what you have provided to us, such as telephone, home/building address, fax or via our web pages.

(i) You as the client/customer who is the sole authorised person and any other 'authorised' party (provided you, the sole authorised person has given permission to this party) using its access to our Service:
  (i) should not create and/or introduce into our Service any destructive or contaminating program or advise any other party how to do so;
  (ii) should not invade the privacy of other member users of our Service.

(j) You must notify us immediately if you become aware of any error or any suspected error in our Service or in any transaction resulting from using it. You should check your statements of account carefully.

(k) You shall only use our Service for lawful purposes and shall not use our Service to send material that is offensive, obscene, in breach of confidence, defamatory, or in breach of any intellectual property rights.

(l) You may complete an online 'Contact Us' form to allow our staff to reply to your individual needs. To contact us, you must submit personal information, such as your full name, email address and how you would like to be contacted in order for us to reply to you.  This information is imperative if you wish us to respond to your needs. Please refer to our Privacy Policy for more information. 

(m) There will be instances where we will send information to you about our website and/or Service.  This is imperative as we wish you to know about our future plans which, we may enforce about the Service of our website to our members.  
The information we collect is used for its own internal purposes to improve the content of our website, to eventually enhance users' experiences when visiting our website, to customize the content and/or layout of our pages, and to provide the services required by an individual user. We do not use personal identifying information for any reason that is not disclosed in our Privacy Policy.

(n) Like many other commercial websites, our website utilises a standard technology called a "cookie" to collect information designed to help websites recognise your browser as a previous visitor and thus save and remember any preferences that may have been set while you were browsing or editing your restaurant details.
PLEASE NOTE: A cookie cannot retrieve any other information from your hard drive, pass on a computer virus, or capture your e-mail address.  
Our website use cookies to enhance and personalize your visit.  Cookies can securely store your username, name of restaurant, personalised home pages, identify which parts of the site have been visited, etc.  Our cookies may track your selections through our web pages.  We only use "cookies" to gather the information indicated in this policy and do not use cookies to gather personal identifying information about you without your consent.
IMPORTANT: Your Internet Browser such as Microsoft Internet Explorer, Netscape Navigator, etc. must allow for cookies.  If your Browser does not accept cookies then your membership subscription will not be activated.  Please refer to the instruction manual of your Browser or contact your IT administrator to set it up.  If you experience difficulties trying to set it up, then contact us on browsersupport@eatingspot.com

(o) From time to time we may
tell you or other members of your household about any products or services we may consider to be of interest to you in writing, by telephone, by fax and/or e-mail.

(p) We cannot guarantee continuous provision of our Service.



2.  Termination Of Service

(a) We may terminate, suspend or withdraw the use of this Service as follows:
  (i) Your Service subscription expires after 30 days prior notice without receiving payment (required only for the paid service subscription);
  (ii) Termination can occur at any time, except where security requires it or in circumstances beyond our control, or in the event of fraud or your breach of these terms.  
We will give you at least 30 days prior notice as is reasonable in all circumstances.

(b) Any Security Information or documentation relating to this Service and used by you remains the property of eatingspot.com, and upon termination of the Service, for whatever reason, shall be returned to us and/or destroyed, as instructed by us at that time. Such material shall not be copied, transcribed or used for any purpose other than as specifically authorised in the Terms.
This includes any usernames or passwords that were given to you at time of Service, however these will be destroyed until the Service is renewed at some later time if you wish to do so.

(c) In terms of 2(a),(i) above. all restaurant information that was utilised on our paid service will no longer exist except for the free part of our Service.  If you have requested the free part of our Service to be terminated then this information will also no longer exist.

(d) Termination of the Service will not affect any rights or liabilities of either of us that have already accrued.


3. Opting-Out Refunds

(a) At any time any member that have their restaurant details on either our free or paid service may "opt-out" during the membership period.  If you are a member who has paid for our service and requests a refund, you will only receive half of the amount of this Service within the first 90 days of subscribing to our Service.  After this period, you will forfeit the right to receive any refunds.


4. Security of Information

(a) We will provide you with Security Information to access your members account by giving you a unique username, an initial password and any other security processes notified to you by us from time to time.

(b)
You must keep your Security Information secret. You must take all reasonable precautions to prevent its unauthorised or fraudulent use. This includes, but is not limited to:
  (i) Choosing your Password after our initial password when you access our Service (to do this you must have a valid username and password to be able to change your password);
 
(ii) Changing your Password from time to time;
  (iii) Changing your Password immediately upon you becoming aware or suspecting that the Security Information has been breached;
  (iv) Never recording Your Security Information down in any form;
  (v) Never telling anyone else your Security Information, including our own staff;
  (vi) Notifying us immediately if you know or even suspect that someone else knows your Security Information.

(c) Whilst we will check that instructions are given with the correct Security Information, We shall not be obliged to take any further steps to check the instructions have been given by you or an authorised user.

(d) We may act on any instructions given using the Security Information. We are not liable for any action taken, or loss resulting from the receipt of such instructions given by any unauthorised person using the Security Information.


(e) We use our best efforts to ensure the security of personal information is submitted by our members.  When we collect this information from our members, it is stored in an area where the general public does not have access to it.  This also includes any restaurant adding/editing information.

(f) Adding/editing restaurant information should only be achieved by either us (at your request) or by an authorised user (directly from eatingspot.com).

(g)
Due to the nature of the Internet, we cannot guarantee the security of any confidential information which is transmitted through the internet.


5. Copyright of Materials

(a) The right to download and store or output any material including pictures on our website is granted for the user's personal use only and only for this.  These materials may not be reproduced in any edited form and used in any other third party source.  Any other reproduction, transmission, performance, display or editing of these materials by any means mechanical or electronic without the express written permission of eatingspot.com is strictly prohibited. Users wishing to obtain permission to reprint or reproduce any materials (other than restaurant, food and wine information) appearing on this website may contact us via our 'Contact Us' on-line form stating your reasons why.

(b) Restaurant, food and wine information contained on this website is public information.  By visiting and using this information at this website you agree to the following:
  (i) Contents may be copied onto a single computer for research purposes or for your personal non-commercial home use only that is to be read offline;
  (ii) If part or all of it is to be copied (at our request), you must make sure that you keep intact all copyright and content information and you make no modifications to the materials.



6. Abuse

(a) Our Service is provided subject to the condition that there will be no abuse or fraudulent use of the Service.
Abuse and fraudulent use of our Service shall include (without limitation):
  (i) Attempting to, or actually obtaining, accessing, altering, de-compiling, reverse engineering or destroying the data files, programs, procedures and/or information of our website.  This also includes our client based information;
  (ii) Using our Service in such a manner as to pretend to be the person authorised to enter their relevant restaurant details without the consent of the 'authorised' person.


(b) If an authorised persons' restaurant details are found to be abusive, then these details will automatically be deleted from our database and the person authorised will be contacted to explain their actions.  Our database is constantly scanned for abusive contents.
PLEASE NOTE: As mentioned before, you are responsible for any of these actions.  If you do allow (authorise) someone other than yourself to add/edit your restaurant information, then you must check to see if that person has correctly entered these details by searching through your restaurant details in the 'Text Search' area by entering your restaurant name and postcode, etc. to find the exact match if more than one restaurant has the same name.



7. Notices

(a) All notices shall be sent by either first or second class post (depending on urgency) to the address last notified to us and shall be deemed to be received 36 hours after the date of posting.


8. Your Liability

(a) You will be liable to us without limit if we can show you have acted fraudulently or with negligence or in breach of this Policy Agreement.

(b) The customer undertakes fully and effectively to indemnify and keep indemnified at all times eatingspot.com against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by eatingspot.com directly or indirectly in respect of:
  (i) Access to and/or use of the Service by the customer or by authorised users.
  (ii) Any information, data or material produced, transmitted or downloaded by the customer or authorised users. 
  (iii) Any breach by the customer or by authorised users of any of these terms or of any law, code or regulation.


9. Our Liability

(a) We will not be liable to you for any loss you suffer as a result of us acting on an instruction as mentioned in Clause 4(d) above, except in so far as we are negligent.

(b) We are not responsible for any misuse of the Service by you or anyone else, nor for any disclosure of confidential information by us where you have failed to take reasonable precautions to maintain the Security Information as detailed in Clause 4 above.

(c) We will not be liable to you for any loss you suffer due to any circumstances beyond our control which lead to the Service being wholly or partly unavailable for such reasons as, but not limited to, a technical break-down, industrial dispute, communications or power failure. In all such circumstances we will expect you to prevent or reduce your loss by telephoning us or sending us a fax message to affect, withdraw or continue the Service.

(d) Nothing in this policy agreement shall exclude our liability for death or personal injury caused by our negligence.

(e) We accept no liability to you for any indirect loss or damage (however arising), nor for any loss of profits, loss of sales, loss of turnover, loss of bargain, loss of opportunity, loss of computer equipment, software or data or loss of time.


10. Law

This Policy shall be governed by and construed in accordance with English Law and the parties agree to submit to the non-exclusive jurisdiction of the English Courts.



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  Database Updated on:
July 08, 2008