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Terms

Terms and Conditions (“Terms”)

Use of the Site

  1. These terms of use (“Terms”) apply to all and any use of www.capriatthevine.co.uk (“the Site”). In accessing the Site, you agree to do so only for your own personal, non-commercial use and in accordance with these Terms. Please read these Terms carefully as they set out your rights and obligations and the terms on which we make the Site available to you. They also provide information on how you can submit material and how this will be used.
  2. The Site is owned and operated by Capri Restaurant (“we” or “us”). Capri Restaurant is a limited liability company registered in England and Wales.
  3. Your use of the Site constitutes your binding acceptance of these Terms. If these Terms are not accepted in full, you should not access the Site and should stop using it immediately. We reserve the right to change these Terms at any time by posting the modified terms on the Site and it is your responsibility to refer to and comply with the most up to date Terms on accessing the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the latest Terms.
  4. Unless otherwise stated, you may not copy, reproduce, republish, download, post, store (including in any other website), distribute, transmit, broadcast, commercially exploit or modify in any way any of the Site’s material or content (including other Contributions (as defined below) or any advertising or sponsorship), or permit or assist any third party to do the same.
  5. You agree to only use the Site for lawful purposes and in a manner that does not improperly infringe the rights of, or restrict or inhibit the use and enjoyment of, the Site by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is libellous, in breach of anyone’s privacy, or which may harass, cause real distress or inconvenience to any person. You further agree that you shall not (by way of example and without limitation), reformat or frame any portion of the web pages that are part of the Site; copy or modify the HTML code used to generate web pages on the Site; use any device, software, or procedure that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; modify, adapt, translate or reverse engineer any portion of the Site; disrupt or otherwise interfere with the Site or the networks or servers used by us; impersonate any person or entity or misrepresent your connection or affiliation with a person or entity; or solicit, collect or store, or attempt to solicit, collect or store, personal information about other Site users.
  6. The Site may include links to third party web sites from time to time, including without limitation, selected supermarket websites and social media websites such as Facebook, Instagram, Pinterest and Twitter (“Third Party Sites”). Third Party Sites with links from the Site have not been verified or reviewed by us. Your access and use of any Third Party Site is entirely at your own risk and discretion and subject to the terms and conditions and privacy policies of that website. You acknowledge and agree that: (a) we are not responsible for the availability or accessibility of Third Party Sites or the content, products and/or services offered through such Third Party Sites; (b) our providing links to Third Party Sites shall not be interpreted as endorsement or approval by us of the operators of the Third Party Sites, the organizations sponsoring the Third Party Sites, or any products or services offered via the Third Party Sites; (c) we do not guarantee the accuracy, completeness or authenticity of information, resources, or content available on or through Third Party Sites; and (d) we shall not be responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, statements, representations, advertising, products, services or other materials available on or through Third Party Sites. If you decide to access Third Party Sites, resources or services, or transact with third parties for their products or services, you do so entirely at your own risk.
  7. Some parts of the Site may have specific terms of use (e.g. competitions, contests and campaigns). By registering for and/or using these parts of the Site you are agreeing to these specific terms. If there is any conflict between the Terms and specific terms appearing on the Site, the specific terms shall prevail.
  8. Subject to availability of the services (which may be based on a user’s location), users who register with the Site may purchase products through the Site that match the list of ingredients for selected recipes published on the Site. Such products may be purchased with selected retailers by clicking on the links made available on the Site, which will automatically add the ingredients to an online shopping basket with your chosen retailer (“Click To Basket”). By using the Click To Basket function you acknowledge and agree that you will be transferred to the website of your selected retailer to review and complete your purchase and shall be subject to the terms and conditions and privacy policies of that website. You further acknowledge and agree that you may be required to hold an account with that retailer before you can progress with your purchase. Please note that all products are subject to availability. Where a product is out of stock, an alternative product may be recommended. Please note that we shall not be held responsible for the availability or suitability of the products you purchase. We urge you to carefully review the content of your shopping basket before proceeding with any purchase. If you decide to purchase any products, goods, or services from any third party website, you do so entirely at your own risk and we shall not be held responsible for any mistakes or discrepancies that may appear in your shopping basket.

Registration and Membership

  1. If you would like to upload material to the Site, interact with the Site including participating in the forums or blogs or setting up a profile, you must register and become a Site member (“Member”). To become a Member you will be asked to “accept” these Terms and, on doing so, you will be deemed to have consented to and will be bound by these Terms.
  2. When you register on the Site as a Member, you will be asked to select a user name and password you can then use to access your account and log on to and/or participate in areas of the Site reserved for Members only. We reserve the right to reject user names that are offensive, defamatory or otherwise unsuitable. You may update certain details via your Member account.
  3. You accept it is your sole responsibility to maintain the confidentiality of your username and password and you are responsible for all activity that occurs under your Member account. We are unable to check the identity of people acting as Members or using Members’ areas and shall not be liable where someone else uses your password to log into your Member account.
  4. You should make sure you are the only person using your Member account and you agree to notify us of any unauthorized use of your Member account and any other breach of security as soon as you become aware of it.
  5. If you use any functionality this Site makes available that allows people to contact you or leave comments, you are accepting these may be abusive, untrue or unpleasant. Please be careful when using any messaging and do not reveal personal information such as your home or work contact details, your last name or where you live.
  6. You agree and confirm that if registering as a Member, you are 18 years old or over and all information provided by you to us is accurate, true and up to date in all respects and at all times. Under no circumstances may a minor under the age of 13 register as a Member, or submit personal information or other content to the Site.
  7. Where there are any other restrictions or eligibility requirements, these will be set out on the Site. We reserve the right to ask for written proof of age or eligibility from you. If we discover or suspect that you do not comply with the age requirements, we reserve the right to suspend or terminate your membership immediately.
  8. We reserve the right to modify, suspend or discontinue the Site or any part of it (including the availability of any features of the Site) at any time and without notice or liability to you. We are entitled to suspend or terminate your membership or access to any part of the Site at any time if you breach these Terms or for technical reasons.

Contributions

  1. “Contribution” includes all content provided to the Site or uploaded to the Site by Members i.e. forum or blog entries, videos, clips, pictures, recipes, reviews, comments, data posting, competition entries and all other user generated material, which will be stored in a database by us.
  2. You agree and guarantee that any Contribution you provide or upload is original to you and does not infringe any proprietary rights, or intellectual property rights (including but not limited to copyright, trade marks (whether registered or unregistered), design rights and know-how), or any other rights of any other person. You must obtain any consent necessary for you to provide the Contribution to us. You agree and confirm that all facts expressed by you in any Contribution are true to the best of your knowledge and belief and, if your Contribution contains opinions, these are your own and genuinely and truly held by you. You further agree that nothing in your Contribution will: (a) include an advertisement, promotion, commercial solicitation, contest or survey (unless you have our written consent to do so); (b) contain, transmit or disseminate spam, chain letters, viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another’s computer, the Site, or any software, hardware or other related equipment; (c) constitute illegal activity or conduct that could give rise to civil liability or encourages others to take part in criminal conduct or conduct that could give rise to civil liability; or (d) infringe the copyright or any other right of any person, breach any contract or duty of confidence, be defamatory, obscene or sexually oriented, abusive, vulgar, offensive, indecent, harassing, threatening, breach anyone person’s privacy or may constitute a contempt of court or break any applicable laws or regulations or be calculated to bring us or any other person into disrepute. You agree that your Contributions shall comply with any additional Terms or requirements on the Site and that you will at all times comply with the Terms as amended from time to time.
  3. We do not, unless we agree this with you, claim any rights of ownership in your Contribution. As such, you retain all ownership rights and, although we will be able to use the Contribution as set out in these Terms, you will also have the right to use your Contribution in any way you choose. Where a Contribution is to be acquired this will be made clear on the Site and you will then be able to choose whether to provide a particular Contribution on that basis.
  4. Please note that we do not accept unsolicited materials or ideas for use in our programmes, any website including the Site, publications, other media or businesses. We are not responsible for the similarity of any of our content or programming to any media or materials or ideas transmitted to the Site. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and that you are waiving any claim against us or any of our subsidiaries regarding the use of such materials and ideas, even if a material or an idea is substantially similar to the idea you submitted.
  5. If you submit, post or upload any Contribution to the Site or if you submit any business information, idea, concept or invention to us or the Site, you automatically grant or warrant that the owner of such Contribution or intellectual property has expressly granted us a royalty-free, fully paid-up, perpetual, irrevocable, world-wide, non-exclusive license to use, copy, process, adapt, transmit, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display and sublicense the Contribution in any media or medium, or any form, format, or forum now known or hereafter developed (the “License”). You agree that this License includes the right for us to make such Contribution available to other companies, organizations or individuals who partner with us for the syndication, broadcast, distribution or publication of such Contribution on other media and services, subject to these Terms. If you wish to keep any content, information, metadata, ideas, concepts or inventions private or proprietary, do not post or submit them to the Site. You agree that in the event we receive any royalties, compensation or other payments associated with exercising the rights granted to us under the License, you shall not claim any right to any portion of such royalties, compensation or other payments. You further agree that we may, in our sole discretion, use any Contribution for which we have a License in a manner that may link to, refer to or reference your user name, such as use of your Contribution on an affiliated or partner website as a featured video in a manner that links to or references your user name.
  6. Whether or not we own the Contribution, you grant us (and third parties authorized by us) the right to issue publicity concerning the Contribution and any material or service in which it may be included, and for such purpose to use and reproduce your name and photograph if we wish (where these have been provided to us) and your Contribution.
  7. We do not guarantee to use or otherwise make available any Contribution. Any Contribution may be rejected by us and may be edited, moderated or deleted at our absolute discretion. We reserve the right not to accept any Contribution that is not in English and cannot be moderated. All decisions are final and we will not enter into any discussions or correspondence about why a Contribution has been rejected.
  8. We may, in appropriate circumstances, and at our sole discretion, remove or disable access to a Contribution that appears to be legally or otherwise problematic e.g. it infringes the copyright or other intellectual property or privacy rights of others, is defamatory etc. or for any other reason. In relation to all reviews and comments posted on the Site, you consent to us editing such reviews to ensure compliance with the Terms.
  9. We may retain other Contributions even if they are not published. You agree, however, that we have no obligation to keep originals or copies of any Contribution or to return this to you or remove this from the Site on termination of your Membership.
  10. If we terminate your Membership, your Contributions (if any) will remain on the Site – please contact us at thevine@caprirestaurant.co.uk with details of any Contribution you would like to be removed and we will try to remove this.

Other Content and Complaints

  1. Although we ask all Members to submit Contributions that comply with the Terms, you acknowledge that Contributions supplied by other Members may include material you consider offensive or objectionable. We assume no responsibility or liability for such Contributions and, as the Contributions are created by other members, it does not represent our views. You are solely responsible for your interaction with other Members.
  2. If you become aware of any misuse of the Site or wish to complain about any Contribution or material on the Site or believe any of your rights have been violated e.g. your copyright infringed, you have been defamed etc., you can email us at thevine@caprirestaurant.co.uk. In order for us to deal with your complaint effectively, we ask that you provide us with the following information:
    • Nature of your complaint and location within the Site of the particular content or Member.
    • For copyright disputes, identification of the copyrighted work you claim has been infringed and a statement that you have a good-faith belief the disputed use is not authorized by the copyright owner, its agent, or the law and that you are the owner of the copyright interest involved or are authorized to act on behalf of the owner.
    • Your name, address, telephone number and email address and such other information as we may reasonably request.

Availability of the Site, Third Party Sites and Liability

  1. The Site, Contributions and information, images, logos and content relating to the Site, Capri Restaurant, and/or any of our associated companies, products and services (or to third party products and services), are provided ‘AS IS’ and on an ‘AS AVAILABLE’ basis without any representation, endorsement or warranty of any kind, including but not limited to implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy of the Site and/or Third Party Sites.
  2. We will endeavour to provide the Site using all reasonable care and will use reasonable efforts to make the Site available to you at all times. However you acknowledge that the Site is provided over the internet and so the quality and availability of the Site may be affected by factors that are outside our reasonable control such as technical faults in your ISP’s and/or telecommunication providers’ network/service. We not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, providers, computer equipment or software, or failure of any email to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any website (or any combination of these things).
  3. We make no guarantees that the Site will be available, uninterrupted or error free, or that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs. Except as required by law, we will not be responsible for any loss or damage caused by: (a) interruption or delay to the Site or errors, viruses or bugs contained in the Site caused by events outside our reasonable control; (b) your negligence, your breach of the Terms or failure to follow our reasonable instructions; (c) any incompatibility of the Site with any other software or material on your equipment; (d) any unauthorized use of the Site; or (e) any other factor that is outside our reasonable control.
  4. Content, information and other material on the Site may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of these or the reliability of any information displayed or distributed through the Site (including provided through any software). You acknowledge that reliance on any such information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any part of the Site and to make changes to the Site and to the materials, products, programs, services, content or prices described in the Site at any time without notice.
  5. We cannot accept any responsibility for any damage, loss, injury or disappointment suffered through use of the Site. In no event will we or any of our third party affiliates or Capri Restaurant personally be liable for any damages whatsoever, whether in action of contract, tort (including negligence), strict liability or other action, including (but not limited to) damages for loss of use of the Site, unauthorized access, use or alteration of your transmissions or Contributions, damage to equipment or other software, or loss of data or profits or for other monetary loss or for any indirect, consequential damages, incidental, special, exemplary, or punitive damages arising out of or in connection with the use (or inability to use) or performance of the Site, even if we have been advised of the possibility of such damages. Because some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In addition, in no event shall we or any licensors or third party affiliates be liable for any unauthorized use of the Site. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Site and the services.
  6. These exclusions do not apply to death or personal injury caused by our negligence and only apply to the extent permitted by law. This does not affect your statutory rights.

Intellectual Property Rights Including Copyright

  1. The names, images and logos identifying Capri Restaurant, all our associated companies or third parties and any products and services are proprietary marks of these parties. Nothing in these Terms or other specific terms appearing on the Site shall be construed as conferring to you any license or right under any intellectual property right of all the above parties unless expressly stated otherwise.
  2. All copyright, trade marks and other intellectual property rights in the Site (including the design, arrangement and look and feel) and all material, software or content supplied as part of the Site, other than your Contributions and Your Data (as included in the Privacy Policy below), shall remain at all times our property or the property of our licensors and is protected by copyright law.
  3. Any products and services on the Site are subject to availability and are available at our sole discretion.

General

  1. The Terms shall be governed by and construed in accordance with the laws of England. Any disputes arising from the Site or Terms will be decided only by the English courts.
  2. We make no representation that materials on the Site are appropriate or available for use at locations other than the UK and Republic of Ireland and access to them from territories where their contents are illegal is strictly prohibited. If you access the Site outside of the United Kingdom or Republic of Ireland, you are responsible for compliance with all local laws.
  3. If any provision of these Terms are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permitted by law.
  4. You agree to indemnify and keep indemnified us from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use and/or Membership or arising from any breach or suspected breach of the Terms by you or your violation of any law or the rights of any third party.
  5. We can transfer our rights and obligations under the Terms to any company, firm or person provided this does not affect your rights under the Terms. You may not transfer or assign your rights or obligations under the Terms to anyone else and your Membership is personal to you.
  6. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
  7. If you have any questions or concerns about this Site, Terms or Privacy Policy, please contact us by email at thevine@caprirestaurant.co.uk, or by writing to us at 82 Leeds Rd, Wakefield WF1 2QF.