Terms of Use

“Foodadvisor”, “us”, “we” or “our” means Foodadvisor whose business address is PO BOX 619, Whiteley, PO14 9HJ.

“Advertisers” means either any person or organisation who is advertising on the website, including service providers and any subscribers including where applicable, “Pay per click” users or any person or organisation who has entered into an agreement with us or who uses the website in any other way.

(1) Your access to and use of www.foodadvisor.co.uk ("the Website") and any Services referred to in Clause 2, is subject exclusively to these Terms and Conditions. You will not use the Website/Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website/Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website/Services.

(2) We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.

(3) Any Advertisers are also additionally bound by the Terms and Conditions for Advertisers which incorporate these Terms and Conditions of Use

(1) The Website may provide communication tools such as email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities ("the Services") designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only.

(2) We do not provide Services, particularlty the book a table for free service are not provided by us acting as agents for any restaurant or any third party

We are concerned about the safety and privacy of our users, particularly children. Parents who wish to allow their children access to and use of the Website/Services should supervise such access and use. By allowing your child access to the Services you are allowing your child access to all of the Services, including email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services.

(1) We are committed to responsible data management and subscribe to the principals of the data protection legislation in the England and Wales. We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you. If you register for any of the Services you will be asked to provide basic personal information. The information provided by you is not available for sale or use by third party. The information is used solely for notifying you of changes or updates to the Website/Services.

(2) When using certain Services available on the website you may be providing your personal information for the use of third parties, for example, if you use the book a table for free service. We will bring this to your attention at the time of entering your information and before it is submitted. By providing your information in these circumstances you are specifically agreeing to share the information with those third parties.

(3) You will have an opportunity to unsubscribe whenever we communicate with you. To unsubscribe from foodadvisor.co.uk communications or complete site withdrawal please send an email to enquiries@foodadvisor.co.uk with 'unsubscribe' in the subject box with your user name in the body of the email.

(4) We use a technology called "cookies" as part of our normal business procedure to track patterns of behaviour of visitors to the Website. A cookie is an element of data that the Website sends to your browser that is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings.

(5) If you wish to exercise your right to any personal information which we hold about you, in accordance with data protection legislation in England and Wales please send an email to enquiries@foodadvisor.co.uk

If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are solely responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us by e-mail to enquires@foodadvisor.co.uk of any unauthorised use of your password or account or any other breach of security. In no event will www.foodadvisor.co.uk be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder.

(1) You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials ("the Content"), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. www.foodadvisor.co.uk will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.

(a) use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;

(b) post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful or contains language or graphics or anything else which we find offensive;

(c) post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;

(d) threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;

(e) use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;

(f) make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;

(g) collect or store personal information about others, including email addresses;

(h) advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;

(k) use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Services;

(l) post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);

(m) attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.

(3) We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.

We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.

(1) The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that www.foodadvisor.co.uk is not responsible for the content or availability of any such sites.

(2) You may not create any links to any to third party websites without our express written permission.

You agree to comply with all applicable laws regarding the transmission of technical data exported from the England and Wales or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.

(1) The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

(2) www.foodadvisor.co.uk does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The licence shall be terminated when such Content is deleted from the Services.

You agree to indemnify and hold www.foodadvisor.co.uk harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against www.foodadvisor.co.uk by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by www.foodadvisor.co.uk in consequence of your breach of these Terms and Conditions.

(1) Use of the Website/Services is at your own risk. The Website/Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

(2) To the extent permitted by law, www.foodadvisor.co.uk will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.

(3) www.foodadvisor.co.uk makes no warranty that the Website/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.

(4) Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of www.foodadvisor.co.uk for death or personal injury as a result of the negligence of www.foodadvisor.co.uk.

(5) Nothing in these Terms and Conditions shall affect your applicable statutory rights as a consumer.

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.

These additional Advertisers Terms and Conditions also incorporate the Terms and Conditions of Use which form part of thes Advertisers Terms and Conditions which you agree to each and every time you use and/or advertise from the Website www.foodadvisor.co.uk. These Terms and Conditions also relate to all and any agreement between us when you buy any advertising space, either from us, or from any other party, and we reiterate each and every clause of the Terms and Conditions of Use. Details of the consideration (price you pay) and services (what we will supply) will be contained in a Purchase Order sent to you at the time of purchase, or the on-line sign up. These terms also apply if any third party advertising agent is involved.

“Foodadvisor”, “us”, “we” or “our” means Foodadvisor whose business address is PO BOX 619, Whiteley, PO14 9HJ.

“Advertisers” means either any person or organisation who is advertising on the Website, including service providers and any subscribers including where applicable, “Pay per click” users or any person or organisation who has entered into an agreement with us or who uses the Website in any other way.

“Services” maens any services provided by or on the Website or any services provided by us at all, includinmg advertsining services.

(1) By using our organisation, the Website and any services you confirm that you are aged 18 or over and that you have read, understood these Terms and Conditions together with the Terms and Conditions of Use incorporating further terms and conditions. You are specifically agreeing to be bound by all the terms and conditions incorporated within these terms and conditions. Where you are using the Website or entering into an agreement on behalf of an organisation you confirm that you have the legal right to do so.

(2) Where the registration for use of the Website is on behalf of an organisation and other persons (for example employees) use the Website, the organisation specifically confirms that it takes full responsibility for that use and that the organisation, as well as the individuals, will be deemed to be the users for the purposes of these Terms and any subsequent action.

(1) We reiterate Terms and conditions of Use which forms part of these Terms and Conditions.

(2) You specifically agree that we are not responsible for and that we have no liability and responsibility for any supply or failure to supply whatsoever, relating to the Website.

(1) You agree that all advertising will be supplied to us in the format and in accordance with any other requirements or specifications we set out in the Purchase Order or any on-line sign up. If no format is stated, then the advertising picture must be in .JPEG format.

(2) You agree that we have a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish your advertising and that we can modify or adapt it to fit our agreed format and to fit onto the Website.

(3) You confirm that you are aware that any results of advertising cannot be guaranteed and that you are responsible for your own results. Likewise we make no guarantees in respect of advertising, including without any limitation whatsoever, click-through, usage statistics, times, dates, location and/or position of advertising or any other information or data supplied in respect of any advertising. This is in our absolute sole discretion.

(4) Whilst we will use our reasonable endeavours to supply the services, we shall not be responsible for any failure to provide services or any unavailability.

(5) We reserve the right to suspend the services and to substitute where necessary. We also reserve the right to, where applicable, subcontract the services.

(1) We have provided you with the price of the services on the Purchase Order or the on-line sign up.

(2) Payment for all services must be made in full, by Paypal in GBP Sterling or Bank Transfer in GBP Sterling within 14 days of the date of any invoice supplied. This includes any taxes due.

(3) If you do not pay or there are any problems with your chosen method of payment then once you have ordered services you are still responsible for payment. If we do not receive payment within 14 days of the date of the invoice, then we will charge you late payment together with interest, in accordance with the Late Payment of Commercial Debts Act 1998 and Late Payment of Commercial Debts Regulations 2002 whilst the invoice or any part thereof that the invoice, or any part of it, remains unpaid, until we receive full cleared payment.

(4) Where payment is a part of staged payments, then late or non-payment automatically means that all services will cease until such time that full payment (including any accrued or extra payment) is made. No refunds will be made and no work or product of services will be released until cleared payment in full has been made.

(5) Where payment is to be made on a pre-arranged monthly basis for on-going services, you are charged 1 month in advance.

(6) We reserve the right to increase prices for any on-going services, such as maintenance, which may be as a result of Third Party increases. If we do, then we give you at least 30 days notice in writing.

(7) For services made via a third party, you confirm your agreement to adhere to that third party’s user agreement.

5 RESPONSIBILITY AND MISUSE

In addition to all the other clauses contained herein and in the in Terms and conditions of Use you agree that you will solely be responsible for your advertising, together with any use of the Website and/or any services provided to you and that you will use the service legally and only for the purposes that it is intended to be used for.

(1) All Advertisers specifically agree that Clause 6 of Terms and conditions of Use applies

(2) All Advertisers agree that their advertising complies with the codes of practice issued by the Committee of Advertising Practice In England & Wales and all other relevant industry codes of practice

(3) All Advertisers agree that their advertising does not collect personal data through advertising on the Website without the express permission of the user of person and/or organisation whose data is obtained. Particularly the Advertiser agrees not to combine, match, compare or in any way otherwise amalgamate any legally obtained information with any other personal information (including click-stream) and cookies

(4) Unless the Advertiser is an “authorised person” within the meaning of the Financial Services and Markets Act 2000, the Advertiser specifically agrees that their advertising forms no “invitation or inducement” for investment, within the meaning of the Act or otherwise breaches the Financial Services Regulations.

(5) You agree that any advertising is honest, accurate, not misleading and does not amount to any misrepresentation, does not breach any rights of any third party whatsoever in nature, is not false, defamatory, libelous, discriminatory (in any form, is not abusive, offensive or obscene and does not otherwise harass or invade the privacy of any individual or organisation, does not contain any restricted or “pass-word only access” pages, or hidden pages or images (those not linked to or from another accessible page) and does not promote or instruct as to conduct as described above or which promotes to any breach of this user agreement or any law and is not in any way illegal or contrary to any law.

(6) You confirm that anything that you provide for advertising (e.g. information, data or documents) have been checked by you as being accurate and that you hold the full copyright and that anything that you have provided does not breach any copyright, intellectual property or the rights of any third party, whatsoever in nature, and is not contrary to any law or that you have obtained the copyright owner’s permission to use it in this way. You specifically agree that we have no liability and that you will indemnify us for any loss.

(7) All advertising content is subject to our approval. However we do not undertake to view or review any advertising and acceptance of any advertising must not be construed as our approval nor as our acceptance that such advertising complies with these Terms and Conditions. In our absolute discretion we reserve the right to reject or withdraw advertising without notice.

(1) Use of the Website and any Services is at your own risk. The Website and Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

(2) To the extent permitted by law, www.foodadvisor.co.uk will not be liable for any indirect or consequential loss or damage (economic or otherwise), whatsoever (including without limitation loss of business, opportunity, any loss of reputation or goodwill or contact, data, profits) arising out of or in connection with the use of the Website/Services.

(3) In the unlikely event that we would be held liable for any losses occurring as a result of using/ failing to use the services or at all, then such total damages for any loss whatsoever shall be limited, in relation to any one incident or series of related incidents, to 100% of the amount paid by you

(4) In the event that you have any right, claim or action against any other user or advertiser arising from that user’s or advertiser’s use of the Website then you specifically agree to pursue that right, claim or action independently of and without any recourse to us. You specifically release us and any subsidiaries, agents and employees from all claims, liability, damages, losses, costs and expenses, including any legal fees, known and unknown, arising from or in any way connected with such right, claim or action and agree to completely indemnify us in respect of any such involvement.

(5) www.foodadvisor.co.uk makes no warranty that the Website/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.

(6) Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of ww.foodadvisor.co.uk for death or personal injury as a result of the negligence of www.foodadvisor.co.uk.

8 YOUR INFORMATION & DATA PROTECTION

(1) Data collected will be used and stored in accordance with current data protection legislation in the England and Wales.

(2) All Advertisers specifically agree that any information obtained relating to other Website users or advertisers will only be used and stored in accordance with current data protection legislation in England and Wales.

We will use all our reasonable endeavours to complete any supply of services within any time estimate that we give. However, we will not be liable for any loss of damage suffered because of any unavoidable or reasonable delay in completion, including third party involvement. We aim to keep you informed about any delay.

10 ADDITIONAL SERVICES OR SUPPORT

The Payment you have made is for the services outlined in your Purchase Order or on-line sign up. However, from time to time we may agree to provide additional services. Where additional services are agreed, we will put this in writing to avoid any misunderstanding and to ensure that we are both aware of what has been agreed.

In view of the nature of the services we provide, unless we have specifically agreed otherwise in writing, we both agree that you waive any cancellation or refund rights under the Consumer Protection (Distance Selling) Regulations 2000, particularly Regulation 13.

12 CANCELLATION & SUSPENSION

(1) Assuming that you made any payment due in full, and such payment has cleared, then if you wish to cancel advertising you may do this by giving us 30 days Notice in writing. You are not entitled to any refund of any payment made.

(2) Without limiting any other remedies we may suspend or terminate your advertising at our absolute discretion, either with or without notice.

(3) Particularly, where we suspect that you have engaged or are about to engage in, or have in any way involved in or linked to, breaches of any terms of this agreement.

(4) We also reserve the right, without being held liable in any way, to cancel, take-down, delete or otherwise remove any advertisement or any links to other Websites or other information which is made available through the Website without giving reason and in our absolute discretion.

(5) If we do not act upon any breach immediately you should not assume that we have waived any rights as to enforceability or to seek redress, unless we have expressly stated that in writing.

(1) These terms and conditions supersede any and all prior representations, understandings and agreements between you and us.

(2) We reserve the right to vary our terms and conditions at any time and such variation takes effect when they are posted on our Website

These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.

The one month’s free online subscription ("Promotion") is open to residents of the

Northern Ireland

, Channel Islands and the Isle of Man who must be over 18 years of age. Foodadvisor reserves the right to verify the eligibility of entrants.

The Promotion begins at 00:00:01 BST on Monday 18th May 2009 23:59:59 BST and expires on 1st July 2009 ("Promotional Period"). A one month’s free online subscription is applied to an individual venue once a restaurant owner has signed up.

To enter the Promotion and to be eligible to take part, entrants must provide a Bitten By Foodadvisor Card or agree a first month free subscription to sign up and advertise with Foodadvisor.co.uk.

Foodadvisor and Foodadvisor.co.uk reserve the right, at any time and in its sole discretion, to add additional terms and conditions in relation to this Promotion and Length of Promotional period given as a part of this Promotion on the Foodadvisor.co.uk website.

The decision of Foodadvisor.co.uk is final and legally binding. No correspondence will be entered into. By entering the Promotion, you agree to be bound by these terms and all other special conditions that are specific to the Promotion.