Conditions Relating to Your Use of EATOUT

Please read these conditions carefully before using EATOUT.co.uk. By using the EATOUT website, you signify your agreement to be bound by these conditions. We reserve the right to amend these Terms & Conditions from time to time without notice and at our discretion. It is your responsibility periodically to review this page for updates to these Terms & Conditions, which shall come into effect once posted. Your continued use of the Site will be deemed acceptance of these Terms & Conditions, including our Privacy Statement.

1. Your account
2. Privacy
3. Access to EATOUT
4. License for website access
5. Limitation of liability
6. Your conduct
7. Reviews, comments, communications and other content
8. EatOut Points system
9. Defamation claims
10. Copyright, authors' rights and database rights
11. Electronic communications
12. Third Parties
13. Alteration of service or amendments to the Conditions
14. Events beyond our reasonable control
15. Waiver

1. Your Account

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. EATOUT reserves the right to refuse access to the website, terminate accounts, remove or edit content.

2. Privacy

Please review our Privacy Notice, which also governs your visit to EATOUT, to understand our practices.

3. Access to EATOUT

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

4. License for website access

EATOUT grants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of EATOUT. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product/service listings, descriptions, imagery, videos or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of EATOUT and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising EATOUT's or its affiliates' names or trademarks without the express written consent of EATOUT. Any unauthorised use terminates the permission or license granted by EATOUT. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of EATOUT as long as the link does not portray EATOUT, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any EATOUT logo or other proprietary graphic or trademark as part of the link without our express written consent.

5. Limitation of liability

To the fullest extent permitted by applicable law, neither EATOUT nor any of its directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with your use of, or your inability to use, the materials, software and/or facilities or services offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if EATOUT has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable.

6. Your conduct

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not EATOUT, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:

• for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
• to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
• to cause annoyance, inconvenience or needless anxiety

7. Reviews, comments, communications and other content

Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. EATOUT reserves the right (but not the obligation) to remove or edit any content. If you do post content or submit material, and unless we indicate otherwise, you grant EATOUT and its affiliates a non-exclusive, royalty-free and fully sub licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and EATOUT and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.

You agree to perform all further acts necessary to perfect any of the above rights granted by you to EATOUT, including the execution of deeds and documents, at the request of EATOUT.

• You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to EATOUT:
  • the content and material is accurate;
  • use of the content and material you supply does not breach any applicable EATOUT policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory).
  • you agree to indemnify EATOUT and its affiliates for all claims brought by a third party against EATOUT or its affiliates arising out of or in connection with a breach of any of these warranties.

EATOUT takes no responsibility and assumes no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is EATOUT liable for any mistakes, defamation, slander, libel, omissions or falsehoods, you may encounter. As a provider of interactive services, EATOUT is not liable for any statements, representations or content provided by its users in any public forum, personal home page or other Interactive Area. Although EATOUT has no obligation to screen, edit or monitor any of the content posted to or distributed through any Interactive Area, EATOUT reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.

8. EatOut Points / EatOut Certificates

As a registered user you can participate in the EatOut Points service. EatOut Points is a service under which you can acquire points for participating in the EatOut community and redeem those points in participating restaurants. You can see how many points you have by checking your points balance when you log in and access "My EATOUT" section. These points can be exchanged to obtain a free main course in a participating EatOut Points restaurant. EatOut Points have no monetary value. You may not obtain any cash or money in exchange for EatOut Points, regardless of how you acquired those EatOut Points. EatOut Points are not your personal property. Your only recourse for using EatOut Points is to obtain the specific restaurant offers available on EatOut at the time you are cashing in your EatOut Points. We encourage you to redeem your EatOut Points. The existence of a particular offer available for EatOut Points redemption is not a commitment by us to maintain or continue to make the offers in the future. The scope, variety and type of offers that you may obtain by redeeming EatOut Points can change at any time. We have no obligation to continue making offers available for EatOut Points redemption. EatOut Points offers may expire at any time, as set forth in the messages related to that promotion. We may cancel, suspend or otherwise limit your access to your EatOut Points balance if we suspect fraudulent, abusive or unlawful activity on your EatOut Points balance. Once we delete EatOut Points from a balance, we will not reinstate them, except at our discretion. When we cancel, suspend or otherwise limit access to your EatOut Points balance, your right to use your EatOut Points balance immediately ceases. We will use reasonable efforts to investigate EatOut Points balances that are subject to access limitations and to reach a final decision on the limitations promptly. In addition, we may limit your use of the EatOut Points service, including applying limits to: the number of EatOut Points you may have credited to your EatOut Points balance at one time, the number of EatOut Points you may redeem within a given time period (for example, one day), and the number of EatOut Points you may obtain in a single event. If we post EatOut Points to your balance for an activity that is subsequently voided or canceled then we will remove those EatOut Points from your balance. You must ensure that we properly post your EatOut Points to your EatOut Points balance. If you believe that you have validly acquired EatOut Points that we have not posted to your EatOut Points balance, we will not consider posting these EatOut Points unless you contact us within 3 months after the date you claimed to have acquired those Points. We may require reasonable documentation to support your claim.

9. Defamation claims

Because EATOUT has so many restaurants/takeaways on the website and hosts many thousands of comments, it is not possible for us to be aware of the contents of every menu, comment or review that is displayed. Accordingly, EATOUT operates on a "notice and takedown" basis. If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please notify us immediately. Once procedure has been followed, EATOUT will make all reasonable endeavors to remove the defamatory content complained about within a reasonable time.

10. Copyright, authors' rights and database rights

All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of EATOUT, its affiliates or its content suppliers and is protected by Irish and international copyright, authors rights and database right laws. All software used on this website is the property of EATOUT, our affiliates or our software suppliers and is protected by Irish and international copyright and authors rights laws. You may not systematically extract and/or re-utilise parts of the contents of the website without EATOUT's express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without EATOUT's express written consent. You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of this website without EATOUT's express written consent.

11. Electronic communications

When you visit EATOUT or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

12. Third Parties

(a) Advertising

EATOUT may serve advertisements to the Site or work with a third party to serve the advertisements. Advertisements placed on the Site may include but are not limited to banner ads, paid links, pop-up windows, buttons, and sponsorships. You agree that EATOUT has the right to run such advertisements and promotions. EATOUT does not control the content of these services which are supplied by third parties and the inclusion of content does not imply endorsement of the third party by EATOUT or any association with that third party. User correspondence or business dealing with, or participation in promotions of, advertisers or third parties found on or through the Site or Services, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between you and the advertiser or third party. You agree that EATOUT shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Site or Services.

(b) E-mail Marketing

EATOUT and/or third parties may, from time to time, send e-mail messages to you containing advertisements, special promotions, and other marketing subject to your permission. Your correspondence or business dealing with advertisers or third parties found on the site or via email correspondence, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between you and such advertiser or third party. You agree that EATOUT shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

(c) Links

The Site may contain images of and links to third party websites. Linked sites are not under the control of EATOUT and you agree that EATOUT is not responsible for the content of any linked sites. The inclusion of a link does not imply endorsement of the linked sites by EATOUT or any association with its owners or operators. Your correspondence or business dealing with advertisers or third parties found on or through linked sites, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between the User and such advertiser or third party. You agree that EATOUT shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the site or services offered.

13. Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our website, policies, and these conditions of use at any time. You will be subject to the policies and conditions of use in force at the time that you use the website. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

14. Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

15. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.