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EULA

PLEASE READ THESE LICENCE TERMS CAREFULLY

This licence agreement (Licence) is a legal agreement between you (Licensee or you) and Book the Pub Ltd of Old Ambulance Station, Grammar School Road, Brigg, Lincolnshire, United Kingdom, DN20 8AF  (Licensor, us or we) for:

  • The https://www.bookthepub.com website and accompanying computer software and the data supplied with the software which forms the Book the Pub platform (Software); and
  • printed materials and online documentation (Documentation).

We license use of the Software and Documentation to you on the basis of this Licence. We do not sell the Software or Documentation to you. We remain the owners of the Software and Documentation at all times. This License applies in addition to and in conjunction with the terms of our privacy policy and, where applicable, any other agreement which applies and is incorporated with any Subscription Agreement.

OPERATING SYSTEM REQUIREMENTS: THIS SOFTWARE REQUIRES AN INTERNET ENABLED COMPUTER WITH A MINIMUM OF 512Mb OF MEMORY AND AN UP TO DATE OPERATING SYSTEM  (Operating System).

Agreed Terms

  1. GRANT AND SCOPE OF LICENCE, MINOR CHANGES, UPDATES [AND UPDGRADES]
    • In consideration of you agreeing to abide by the terms of this Licence, the Licensor hereby grants to you a non-exclusive, non-transferable licence to use the Software and the Documentation in the UK on the terms of this Licence until terminated in accordance with this Licence.
    • You may:
      • If download functionality is offered, install and use the Software for your personal purposes only:
        • on one central processing unit (CPU) if the Licence is a single-user licence or the Software is for single use; or
        • if the Licence is a multi-user or network licence, for the number of concurrent users agreed between you and us.
      • provided you comply with the provisions in condition 2, make up to one (1) copy of the Software for back-up purposes; and
      • receive and use any free supplementary software code or update of the Software incorporating “patches” and corrections of errors as may be provided by the Licensor from time to time (but see condition 3 and condition 1.4.);
    • We may update or require you to update the Software, provided that the Software shall always match the description of it that we provided to you before you bought it.
    • The Software may be upgraded to reflect changes in the Operating System. The Software will work with the current or previous version of that Operating System (as it may be updated from time to time).
  2. RESTRICTIONS
    • Except as expressly set out in this Licence or as permitted by any local law, you undertake:
      • not to copy the Software or Documentation, except where such copying is incidental to normal use of the Software or where it is necessary for the purpose of back-up or operational security;
      • not to rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the Software or Documentation nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
      • not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Software to obtain the information necessary to create an independent program that can be operated with the Software or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
        • is used only for the Permitted Objective;
        • is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
        • is not used to create any software that is substantially similar in its expression to the Software;
      • to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;
      • to include our copyright notice on all entire and partial copies of the Software in any form;
      • not to provide, or otherwise make available, the Software in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from us;
      • not to use the Software via any communications network or by means of remote access.
      • to comply with all applicable technology control or export laws and regulations.
  1. INTELLECTUAL PROPERTY RIGHTS
    • You acknowledge that all intellectual property rights in the Software and the Documentation throughout the world belong to us and our licensors respectively, that rights in the Software are licensed (not sold) to you, and that you have no intellectual property rights in, or to, the Software or the Documentation other than the right to use the Software and the Documentation in accordance with the terms of this Licence.
    • You acknowledge that you have no right to have access to the Software in source code form other than as expressly provided in this Licence.
  2. WARRANTY
    • We warrant that: the Software will, when properly used on an operating system for which it was designed, perform substantially in accordance with the functions described in the Documentation, for a period of seven days “Warranty Period”;
    • If, within the Warranty Period, you notify us in writing of any defect or fault in the Software as a result of which it fails to perform substantially in accordance with the Documentation, we may, at our sole option, either repair, replace or terminate and erase the Software, unless you have paid for a license from us that includes support services and/or warranties regarding fix periods as would apply to a Subscription Agreement.
    • The warranty does not apply:
      • if the defect or fault in the Software results from you having altered or modified the Software;
      • if the defect or fault in the Software results from you having used the Software in breach of the terms of this Licence;
      • if you are in breach of any contractual, legal or other obligation to us, as set out in any agreement that applies to our relationship;
      • if you are not paying for your use of the Software subject to a Subscription Agreement, in which case the Software and Documentation is supplied to you on an “as-is” and “as-available” basis without any warranty as to its performance, quality or availability.
  1. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY CONSUMER USERS
    • If you are a consumer then we are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Licence or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this Licence was made, both we and you knew it might happen.
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
    • When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
    • We are not liable for business losses. The Software is for domestic and private use. If you use the Software for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, as further set out in clause 6 below.
    • You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described in the Documentation meet your requirements.
  2. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY BUSINESS USERS
    • If you are not a consumer, and you are using the Software for business purposes of any nature, then clause 5 above shall not apply and we shall instead be liable to you as set out in this clause 6.
    • You acknowledge that the Software has not been developed to meet your individual requirements, including any particular cybersecurity requirements you might be subject to under law or otherwise, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described in the Documents meet your requirements.
    • We only supply the Software and Documents for internal use by your business, and you agree not to use the Software or Documents for any re-sale purposes.
    • We shall not in any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Licence for:
      • loss of profits, sales, business, or revenue;
      • business interruption;
      • loss of anticipated savings;
      • loss or corruption of data or information;
      • loss of business opportunity, goodwill or reputation;

where any of the losses set out in condition 5.3(a) to condition 5.3(e) are direct or indirect; or

  • any special, indirect or consequential loss, damage, charges or expenses.
  • Other than the losses set out in condition 5.3 (for which we are not liable), the software is provided to you on an “as-is” basis without any warranty to the exclusion of all implied terms, conditions, warranties to the maximum extent permitted by law. You acknowledge that the Software is provided for free and as such we are not reasonably able to procure insurance for any liability to you at a commercially reasonable price, therefore, you must insure yourself against any losses that you are concerned about and you are taken to assume all risk in your use of the Software.
  • Nothing in this Licence shall limit or exclude our liability for:
    • death or personal injury resulting from our negligence;
    • fraud or fraudulent misrepresentation;
    • any other liability that cannot be excluded or limited by English law.
  • Except to the extent that any Subscription Agreement applies to the contrary, this Licence sets out the full extent of our obligations and liabilities in respect of the supply of the Software and Documents. Except as expressly stated in this Licence, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Software and Documents which might otherwise be implied into, or incorporated in, this Licence whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
  • You acknowledge that our liability to you under a Subscription Agreement would be greater than it is under this Licence, and as such, you have chosen to accept our liability position set out in this Licence and deem it to be a commercially acceptable risk.
  1. THIRD PARTY PROVIDERS and ADD-ON SERVICES
    • You acknowledge that the we may refer you to various third party service providers from time to time, and that referral service forms part of our Service. We do not carry out those Add-On Services ourselves, and you will (or should) have a contract with that relevant third party in relation to their services and any legal rights you may have against them may not be enforceable against us in our capacity as a directory service.
    • Add-On or any other Third Party Services that are referred, arranged, recommended, or otherwise introduced to you are incumbent upon you as the end-user to take up or to reject, at your sole discretion. We make no warranty whatsoever with regard to any third party Add-On Services and your rights or remedies in relation to such services and all other matters relating to them are for you to agree with that specific third party who provides those Add-On Services and any terms and conditions which may apply separately to the agreements we have with you.
    • To the extent that we recommend a particular third party, our recommendation is based upon the limited information available to us and the algorithms we use to automate such referrals, including user input, and it is the sole and exclusive responsibility of you as the end user to ensure that such third party services are suitable for your purposes. We do not perform quality checks on those third parties, and we cannot be held responsible for monitoring their performance. You acknowledge and agrees that you shall not place any reliance upon our guidance or indications as to which third party you should or could work with and you agree that you shall not take any action to your detriment or otherwise solely upon the advice or guidance that we supply to you.
    • We exclude all responsibility, and will not under any circumstances be liable, in relation to any Add-On Services and you acknowledge that as you have not paid us for those Third Party Add-on Services, our agreement and arrangements as to liability with you do not take into account any risk in Add-On Services whatsoever.
    • You acknowledge that the Services may enable or assist you or any End User to access the websites, applications or content of, correspond with, and purchase products and services from, third parties via third-party websites and that you do so solely at your own risk. We make no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by you, with any such third party. Any contract entered into and any transaction completed via any third-party website is between you and the relevant third party, and is nothing to do with us. We recommend that the you refer to the third party’s website terms and conditions and privacy policy prior to using the relevant third-party website or any applicable Add-On Services. We do not endorse or approve any third-party website nor the content of any of the third-party website made available or advertised via the Services or any Add-On Services.
  2. TERMINATION
    • We may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
    • We may also terminate this Licence for any reason upon 30 days notice to you, without any liability in relation to that termination or any other matter and without prejudice to any other rights that we may have whether in contract, tort, statutory or common law.
    • Upon termination for any reason:
      • all rights granted to you under this Licence shall cease;
      • you must cease all activities authorised by this Licence; and
      • you must immediately delete or remove the Software from all computer equipment in your possession and immediately destroy or return to us (at our option) all copies of the Software then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
  1. COMMUNICATIONS BETWEEN US
    • If you are a consumer, if you wish to contact us in writing, or if any condition in this Licence requires you to give us notice in writing, you can send this to us by email or by pre-paid post to Book the Pub Ltd at the registered address set out at the beginning of this Licence document. We will confirm receipt of this by contacting you in writing, normally by email.
    • If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide or confirm to us.
  2. HOW WE MAY USE YOUR PERSONAL INFORMATION

Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in https://bookthepub.com/legals/privacy-policy/ and it is important that you read that information.

  1. OTHER IMPORTANT TERMS
    • We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if and when this happens and we will ensure that the transfer will not affect your rights under the contract.
    • You may only transfer your rights or your obligations under this Licence to another person if we agree in writing or under condition 1(a).
    • This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
    • Each of the conditions of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining conditions will remain in full force and effect.
    • If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    • If you are a consumer user then this clause applies to you. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
    • If you are a business user then this clause applies to you. These terms These terms are governed exclusively by English law and you can bring legal proceedings exclusively in the English courts.

BY CLICKING ON THE “ACCEPT” BUTTON YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU.

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, DO NOT CLICK ON THE “ACCEPT” BUTTON.