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Terms and Conditions

These terms of website use (the “Terms of Use”), which incorporate and include the Privacy Policy, apply to the entire contents of this website under the domain www.hindsheadbray.com (the “Website”) and to any correspondence by email between you and the Company. Please read the Terms of Use and the Privacy Policy carefully before using the Website. By using the Website, or by asking someone else to use the Website on your behalf (for example to order goods or services or to make a reservation via the Website on your behalf) you indicate that you accept the Terms of Use (including the Privacy Policy) and that you agree to abide by them. If you do not agree to the Terms of Use (including the Privacy Policy), please refrain from using the Website immediately. The Privacy Policy also sets out other ways in which you will accept the terms and conditions set out in the Privacy Policy.

  1. INFORMATION ABOUT US
    The Website is operated by The Hinds Head Limited (the “Company), registered in England and Wales under company number 03676216 and with registered offices at Unit B,Tectonic Place, Holyport Road, Maidenhead, Berkshire, United Kingdom, SL6 2YE, VAT number 125514732.
  2. ACCESSING THE WEBSITE
    1. Access to the Website is permitted on a temporary basis, and the Company reserves the right to withdraw or amend the, or any, service(s) provided on the Website without notice at any time. The Company will not be liable if for any reason the Website is unavailable at any time or for any period.
    2. You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.
    3. You may only use our Website for lawful purposes.
  3. INTELLECTUAL PROPERTY RIGHTS AND LICENCE
    1. You are permitted to print and download copies and extracts from the Website for your own personal non-commercial use provided that:
      1. no material either printed or downloaded from the Website is modified in any way;
      2. no illustrations, photographs, or any graphics on the Website are used separately from any accompanying text;
      3. the Company’s status (and that of any identified contributors) as the authors of material on the Website is acknowledged and that this permission notice appears on all copies made.
    2. Unless otherwise stated, the copyright and all other intellectual property rights in the material published on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. These works are protected by copyright laws and treaties around the world.
    3. Subject to clause 3.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.
    4. Any other use of extracts or copies from the Website other than in accordance with clause 3.1 above for any purpose is prohibited.
    5. If you breach any of these terms, your permission to use the Website automatically terminates and you must immediately destroy any downloaded extracts or printed copies or extracts you have made from the Website.
    6. Any rights not expressly granted in these terms are reserved.
  4. LIABILITY
    1. Subject to any specific terms to the contrary (or which are inconsistent with the following provision) on or in any specific section(s) of the Website (for example on or in any section(s) of the Website offering any product(s) or service(s) for sale, or any contractual or other terms and conditions relating to any such product(s) or service(s)), the content on the Website is provided on an “as is” basis and is subject to change at any time at the Company’s sole discretion. If the need arises, the Company may suspend access to the Website, or close it indefinitely. The Company does not make any warranty, representation or guarantee as to the availability of the Website.
    2. The content on the website is not intended to amount to advice on which reliance should be placed. The Company therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website or by anyone who may be informed of any of its contents.
    3. Subject to any specific terms to the contrary (or which are inconsistent with the following provision) on or in any specific section(s) of the Website (for example on or in any section(s) of the Website offering any product(s) or service(s) for sale, or any contractual or other terms and conditions relating to any such product(s) or service(s)), the content on the Website is provided without any guarantees, conditions or warranties as to its accuracy. Any of the material on the Website may be out of date at any given time, and the Company is under no obligation to update such material.
    4. Subject to any specific terms to the contrary (or which are inconsistent with the following provision) on or in any specific section(s) of the Website (for example on or in any section(s) of the Website offering any product(s) or service(s) for sale, or any contractual or other terms and conditions relating to any such product(s) or service(s)), to the extent permitted by law the Company, other members of its group of companies and third parties connected to the Company hereby expressly exclude:
      1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
      2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
        1. loss of income or revenue;
        2. loss of business;
        3. loss of profits or contracts;
        4. loss of anticipated savings;
        5. loss of data;
        6. loss of goodwill;
        7. wasted management or office time; and
        8. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise , even if foreseeable;

        but this does not affect the Company’s liability for death or personal injury arising from the Company’s negligence, nor the Company’s liability for fraudulent misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

  5. PRIVACY
    1. The Company collects and may receive and stores and processes and may use and disclose information about you in accordance with its Privacy Policy and this includes information the Company receives from, or must provide to, any payment intermediary you use in relation to any transaction you enter into or try to enter into with the Company. Please read the Privacy Policy carefully.
    2. By using the Website, and/or in the other ways set out in the Privacy Policy, you consent to such collection and receipt, storage and processing, and use and disclosure, and you warrant that all data provided by you is accurate.
    3. The Company is committed to protecting your privacy and observing its obligations under the Data Protection Act 1998.
    4. By making an enquiry of the Company via email, or by sending an email to the Company, or by entering into a transaction with the Company via the Website, or by accessing and/or using the Website, or by entering into or trying to enter into any transaction with the Company where you use a payment intermediary (which may include WorldPay), you may provide personal information, such as your name and email address or other personal information, to third parties who are not subject to our Privacy Policy, and which may be disclosed by them, without your consent, to authorised service providers or others (such as law enforcement agencies), or if it is in the public interest to do so.
    5. Subject to the provisions of the Privacy Policy, the Company will take all reasonable measures to collect, process, record and store your personal information timely, accurately and securely.
    6. The Company does use technology to track the behavioural patterns of visitors to this website, as it uses a “cookie” which will be stored on your browser. You can usually modify your browser to prevent this happening. Information collected in this way can be used to identify you unless you modify your browser settings.
    7. In the event of any inconsistency between the Terms of Use and the Privacy Policy, the terms of the Privacy Policy will prevail.
  6. VIRUSES, HACKING AND OTHER OFFENCES
    1. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which our site is stored or any server, computer or database connected to our site. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
    2. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. The Company will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
    3. Subject to any specific terms to the contrary (or which are inconsistent with the following provision) on or in any specific section(s) of the Website (for example on or in any section(s) of the Website offering any product(s) or service(s) for sale, or any contractual or other terms and conditions relating to any such product(s) or service(s)), the Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
  7. LINKING TO THE WEBSITE
    1. If you would like to link to the Website, you may do so subject to the following conditions:
      1. You link only to the home page of the Website and do so in a manner that is fair and legal and which does not replicate the Website in any way;
      2. You do not remove, distort or otherwise alter the size or appearance of The Hinds Head logo or any other content on the Website;
      3. You do not create a frame or any other browser or border environment around the Website;
      4. You do not in any way imply that the Company is endorsing any products or services other than its own;
      5. You do not misrepresent your relationship with the Company nor present any other false information about the Company;
      6. You do not otherwise use any trade marks displayed on this website without express written permission from the Company;
      7. You do not link from a website that is not owned by you; and
      8. Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
      9. You represent and warrant that your website or the server that hosts your website is free from viruses or other forms of harmful computer code and that you have taken all reasonable steps to ensure that this is the case.
    2. The Company expressly reserves the right to revoke the linking permission granted in clause 7.1 without notice and to take any action it deems appropriate.
    3. You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of this clause 7.
  8. LINKING FROM THE WEBSITE
    1. Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. The Company has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
    2. The Company expressly reserves the right to revoke the right granted in paragraph 3.1 for breach of these terms and to take any action it deems appropriate.
    3. You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 3.1.
  9. JURISDICTION AND APPLICABLE LAW
    1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Website although the Company retains the right to bring proceedings against you for breach of these Terms of Use (including and incorporating the Privacy Policy) in your country of residence or any other relevant country.
    2. These Terms of Use (including and incorporating the Privacy Policy) and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
  10. TRADE MARKS
    Heston Blumenthal”, “The Fat Duck”, “The Perfectionists’ Cafe” and “Dinner by Heston Blumenthal” are UK registered trademarks owned by Heston Blumenthal, The Fat Duck group of companies and the Lowenthal group of companies.
  11. VARIATIONS
    1. The Company may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the Company makes, as your continued use of the Website will constitute deemed acceptance of any updated or amended terms. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on the Website.
    2. The Company may revise the Privacy Policy at any time by amending the relevant page on the Website in accordance with the section headed “Changes to our Privacy Policy” on that page. You are expected to check this page from time to time to take notice of any changes the Company makes, as your continued use of the Website will constitute deemed acceptance of any updated or amended terms of the Privacy Policy.
  12. SEVERANCE
    If any court or competent authority finds that any provision of this agreement, including the Privacy Policy, (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this agreement shall not be affected.

    If any invalid, unenforceable or illegal provision of this agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

  13. FORCE MAJUERE
    The Company shall not be in breach of this agreement or of the Privacy Policy, nor liable for delay in performing, or failure to perform, any of its obligations under this agreement or the Privacy Policy, if such delay or failure result from events, circumstances or causes beyond its reasonable control, and in such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.
  14. YOUR CONCERNS
    If you have any concerns about material which appears on our site, please contact: info@hindsheadbray.com

Thank you for visiting the Website.

© The Hinds Head Limited 2016