Subscriber Terms and Conditions
YOUR USE OF THE ALL 4 HOSPITALITY WEBSITE, WEBSITE SERVICES AND ASSOCIATED SOFTWARE IS CONDITIONED UPON YOUR COMPLIANCE AND ACCEPTANCE OF THESE TERMS AND CONDITIONS.
BY CLICKING THE "I AGREE" BUTTON OR BY UTILISING THE ALL 4 HOSPITALITY WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS:
Introduction
These Terms and Conditions are incorporated into each agreement entered into between the Online Publisher and the subscriber whether or not the subscription order form or any other document which the customer signs makes reference to these terms.
This is a legal agreement between You and All 4 Hospitality Ltd for use of the All 4 Hospitality Website, which may include downloads and other services which You selected or initiated.
The following expressions have the following respective meanings unless the context otherwise requires:
"Online Publisher" means All 4 Hospitality Limited.
"Subscriber" means the person or company identified on the order form or similar.
"Website" means the Website of All 4 Hospitality Limited and its downloads whether accessed on the Internet, an extranet or intranet or any other means.
"You" refers to the individual who registered and/or provided All 4 Hospitality Ltd with his or her credit card or other payment mechanism for the Services or, if an individual is purchasing the Services on behalf of an entity authorised to purchase the Services on behalf of such entity, then "You" refers to such entity.
Subscription Agreement
1.1 The Online Publisher sets out the general Terms and Conditions under which you may use the website at www.all4hospitality.co.uk and its downloads which is a hospitality services information management portal provided on a business-to-business basis. Your statutory rights are not affected.
1.2 Certain areas of the Website are only available to you if you register and subscribe. However, these Terms and Conditions will apply whether or not you have registered or subscribed.
1.3 Please read this contract carefully. If you do not accept the Terms and Conditions then you may not use the Website. In using the Site you are accepting these Terms and Conditions. The Online Publisher may revise these terms at any time by updating them on the Website.
1.4 The terms 'you/your' used here refers to all persons accessing the Website for whatever reason, and 'we/us' refers to the Online Publisher.
Your Use of the Website and its downloads.
2.1 On acceptance of these Terms and Conditions, you may browse the areas of the Website and download documents that are available. By subscribing you are also registering. On registration or subscription you must provide us with accurate and complete information about yourself and your company if applicable. It is your responsibility to inform us of any changes to that information.
2.2 You understand that you are responsible for uses of the Website and its downloads by you and those using your login information. You must notify us immediately if you suspect or become aware of any non-authorised person using your login information. Your login information includes one or more of your username and password.
Licence
3.1 All copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the Website and its downloads shall remain at all times vested in the Online Publisher or its licensors. We grant you a non-exclusive temporary licence to access and use the content on the Site for your use only and you may agree not to assist or facilitate any third party to copy, download, reproduce, publish, broadcast, archive, store (including but not limited to on internet, intranet, extranet, network or database), transmit, distribute, reproduce, display, commercially exploit (including but not limited to sub-licensing, assigning or leasing), modify, adapt, create derivative works of nor tamper with copyright notices in such material or content, nor cause, allow or suffer persons to access the Site for whom we have not issued login information. If you become aware of any such distribution or commercial exploitation, you agree to notify us immediately. You may download content by way of web browsing and may store it temporarily on one workstation per user not accessible to other workstations and may print one copy per user of downloaded content. The html in the Site is part of the copyright. The name and logo of All 4 Hospitality is our trade mark. You are not permitted to use or reproduce or allow anyone to use or reproduce these trade marks for any reason.
3.2 At our discretion we may allow a transfer of a login from one subscriber to another, for example due to a change in personnel.
Changes to the Terms and Conditions and the Website
4.1 We may at our sole discretion modify the features of the services, alter or remove the Website or any part of it and any information, material and facilities incorporating the Website, without prior notice.
4.2 We reserve the right to terminate or suspend your access to or use of all or some areas of the Website without prior notice for reasons within our reasonable control, in which case we will pro rata refund your subscription. Otherwise, no compensation will be payable to you as a result of any removal, alteration or termination.
4.3 We reserve the right to change these Terms and Conditions at any time. Such revised Terms and Conditions will be posted on the Website and sent to you by email. By continued use of the Website 14 days after such Terms and Conditions have been posted on the Website and sent to you, you agree to abide by such changes. During the 14 day notice period you are entitled to cancel in writing and claim a pro rata refund.
4.4 Access to the Website may be interrupted, restricted or delayed. If for any reason the Website is interrupted we will aim to restore our service as quickly as possible (to the extent that it is within our reasonable control to do so), although we shall be under no obligation to do so and shall not be liable in the event that we have not done so. Distribution cannot be guaranteed on the Internet, just as distribution cannot be guaranteed by post.
Disclaimers
5.1 Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
5.2 You acknowledge that the information and material available on or through the Website is for your general information and use and is not intended to address your particular requirements. You should seek independent advice before making any decision based on anything you have seen on the Website.
5.3 You acknowledge that your use of the Website and any information or material you download or obtain through the Website is at your own risk. You confirm that we shall not be liable to you or any third party for any modification to, suspension of or discontinuance of the Website.
5.4 To the full extent permissible by law, you agree that we will not be liable for any consequential, incidental, indirect, exemplary or punitive loss or damages in contract, tort or otherwise, for any loss or damage whatsoever arising from or in any way connected with your use of the Website, including, without limitation, damage for any loss in business projects, loss of profits, loss of privacy or other consequential losses arising in contract, tort or otherwise from the use of or the inability to use the Website or any information or material appearing on it, or from any action or decision taken as a result of using the Website or any such information or material. This includes, but is not limited to, the exclusion of any implied warranty that the information and material it contains is lawful, accurate, complete, up-to-date, suitable for any particular purpose or timely. We are confident in the resilience of the Website, check its content and data for integrity on a regular basis and are confident in its performance but we cannot give any warranty or other assurance regarding the information and materials available or the content, operation or the functionality of the Website or that the Website will meet your requirements or will be uninterrupted, secure or error or virus free. We do not make any warranty or representation, whether express or implied, in relation to the Website or as to results or the accuracy of any information or material obtained by you through the Website. All implied warranties or conditions of satisfactory quality, fitness for purpose, completeness or accuracy are hereby excluded, to the maximum extent permissible.
5.5 You agree that your only recovery for any damages that you incur, and your exclusive remedy, shall be limited to a refund of any subscription fee you have paid to subscriber to the Website in the preceding 12 months.
5.6 We aim to provide a consistent and high level or service to all our client subscribers but please note any assistance provided to you by us after an enquiry by you to our staff must be solely at your risk.
5.7 We shall not be liable for any delay in or non-performance of our obligations under this agreement to the extent that the delay or non-performance is due to any cause beyond our reasonable control including but not limited to the acts, defaults or omissions of suppliers or subcontractors, failure of any telecommunications or power network, war, undeclared hostilities and terrorism, industrial action and acts of God.
5.8 Any suggestion that an offer from us is available on this Website is an invitation to treat.
5.9 We encourage you to use discretion while browsing the internet. Our Website contains links to external sites. Although we check such links from time to time, we have no control over these sites nor do we have any responsibility for them. We cannot therefore be responsible for any content that some people may find offensive or inappropriate or which is inaccurate, misleading or in any other way unlawful. For the same reason, we cannot be responsible for information, materials, products or services on or available from external sites or any third parties you access through the Site, nor for any damage, loss or offence caused, or alleged to be caused, by or in connection with the use of or reliance on any information, materials, content, advertising, products or services available from such external sites or third parties. Regardless of whether links are provided by us free of charge for the information of users or for a fee from an advertiser we do not endorse any third party or their product or service and we are merely saying they might be worth you investigating further. You acknowledge that any agreements entered into by you and any third party as a result of or in connection with your or their use of the Website are made at your and their sole risk and responsibility. We do not vet other users of the Website and cannot vouch for their character, solvency or suitability for your purposes and accept no liability to you or them in connection with any aspect of your arrangements, dealings or agreements with them.
5.10 Any dealings between you and any third party accessed on or via the Website, including payment for and delivery of information, materials, products, services and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and the relevant third party. You agree not to hold us liable for any loss or damage of any kind incurred as the result of such dealings.
5.11 Your subscription is subject to contract which will be made when we accept the offer made by you constituted by your order by issuing an invoice.
Commercial Use
6.1 The Website, downloads and services can only be used for internal business purposes. You may not resell, distribute, make any commercial use of, use on a timeshare or service bureau basis, or use to operate a Website or otherwise generate income from the services or use the services for the development, production or marketing of a service or product substantially similar to the services. You shall not use the services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Website, services, or any network or networks connected to the services or security systems.
6.2 The Online Publisher and/or its suppliers, as applicable, retain ownership of all proprietary rights in the services and in all trade names, trademarks and service marks associated or displayed with the services. You will not remove, deface or obscure any of the Online Publisher's or its suppliers' copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the services. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the services.
General
7.1 Each provision of these Terms and Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
7.2. No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
7.3 These Terms and Conditions constitute the entire agreement between you and us with respect to their subject matter and exclude any representations and warranties previously given or made other than any negligent or fraudulent misrepresentation and may be amended only by us on 15 days' written notice to you.
7.4 Nothing in these Terms and Conditions shall be construed as creating any agency, partnership or any other form of joint enterprise between you and us.
7.5 These Terms and Conditions are exclusively governed by and construed in accordance with the laws of England and Wales whose courts will have exclusive jurisdiction in any dispute save that we have the right at our sole discretion to commence and pursue proceedings in alternative jurisdictions.
7.6 Either party may terminate this contract with one month's notice, or summarily if the other party is in breach of this contract. No refund is payable in the event of termination by you for convenience.
7.7 No party to this contract may become bankrupt or enter into receivership or liquidation.
7.8 This Site is published by All 4 Hospitality, registered in England and Wales, Registration number 06897137, Registered Office: 6, Kensington Place, Wellingborough Road, Olney, Buckinghamshire MK46 4BG. You can email us at subscriber@all4hospitality.co.uk .
7.9 You represent to us that you have authority to accept this contract.
7.10 This contract is only intended to benefit the parties and is not enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by a third party.
7.11 This contract and the rest of your agreement (eg order form) will be stored electronically and we conclude contracts in English.
Payment
8.1 We will submit an invoice to you by post, fax, email or electronically to an address provided by you, for your use of the facilities as set out in your order form.
8.2 The minimum subscription period is 12 calendar months.
8.3 Payment may made in full with a prompt settlement discount currently ten months for price of one year's subscription
8.4 Payment may otherwise be made with no discount each calendar prior to the 28th of the month preceding.
8.5 All payments are due in Pounds Sterling.
8.5 You will pay us the balance of any invoice on demand.
8.6 Payment may be by cheque, BACS, credit card or debit card.
8.7 Prices are subject to the UK Standard Rate of VAT at the prevailing rate.
8.8 You have a 14-day money back guarantee, subject to no downloads, as from your subscription start date in your first subscription year. If you wish to cancel during that time please advise us in writing and we will send a credit note and refund any amounts that have been paid in respect of this subscription.
8.6 Your yearly subscription, whether paid yearly or monthly, automatically renews until you cancel in writing. We will notify you in writing of the renewal fee at least 30 days in advance of your yearly anniversary expiry date.