LEGAL NOTICES AND GENERAL CONDITIONS FOR USE OF THE SERVICES OFFERED BY MY BOOKING BOX
http://www.mybookingbox.co.uk and My Booking Box applications are published by:
MY BOOKING BOX LTD is a private limited share company with capital of 10 000 GBP
Registration address: 20-22 WENLOCK ROAD LONDON N1 7GU,UNITED KINGDOM
Registration Number: 09038302
European VAT No.: GB189412088
The website at http://www.mybookingbox.co.uk is hosted by: My Booking box ltd
Attention: If you do not agree with all or some of the general usage conditions below, you are strongly recommended not to use www.mybookingbox.co.uk or My Booking Box applications.
The aim of these legal notices and general conditions is to set out the conditions and procedures applicable to the free online restaurant table search and booking service. These general conditions may be added to or amended by specific conditions and usage procedures particular to certain features.
The service is only for individuals able to enter into contracts pursuant to English law. Users of http://www.mybookingbox.co.uk or My Booking Box applications are considered to be anyone who visits the site or its applications and/or uses the site or its applications and the associated services.
ACCEPTANCE OF THE GENERAL CONDITIONS
My Booking Box ltd provides a free online restaurant table search and booking service to users in exchange for unconditional acceptance of these general conditions.
Users declare and acknowledge that they have read all the terms of these general conditions. Furthermore, by using any of the services offered on the site, which can be accessed at http://www.mybookingbox.co.uk, and/or by using My Booking Box applications (hereafter, the "My Booking Box website"), users unconditionally accept these general conditions.
My Booking Box ltd reserves the right to change these general conditions at any time, in whole or in part. As such, it is the user's responsibility to regularly view the latest version of the general conditions shown at www.mybookingbox.co.uk/general-conditions and on My Booking Box applications. Users are considered as having accepted this latest version every time they log on to My Booking Box website.
If users do not adhere to these general conditions, My Booking Box ltd reserves the right to suspend the services and/or refuse access to a service without warning.
DESCRIPTION OF THE SERVICE
Search for and book a table online in real time
My Booking Box website allows users to search for and book a restaurant table online in real time.
Benefit from promotions and special offers from the restaurants listed on My Booking Box
My Booking Box website allows users to benefit from promotions or special offers from the restaurants listed on the site, provided that the reservations are made using the dedicated reservation procedure in My Booking Box website's reservation module. Not all restaurants have promotions or special offers. The conditions of validity for these promotions are explained on My Booking Box website.
Associated personalised services
By setting up an account on My Booking Box website, users can make reservations without having to re-enter their contact details, and, thanks to My Booking Box ltd's business agreements, users can benefit from exclusive offers in regional restaurants.
Users are responsible for making any checks that may seem necessary or prudent before making a reservation at one of the restaurants listed on My Booking Box website. My Booking Box ltd does not guarantee in any way the products, services and/or business practices of third parties listed on its site. My Booking Box ltd cannot guarantee that users will be satisfied with the products, services and/or business practices to which they are exposed as a result of making a reservation on My Booking Box website.
FREE NATURE OF THE SERVICE
The services offered and described in these general conditions are free of charge.
Prices may be charged if the services offered change, or as a result of network changes, changes in technology and/or legal constraints. Users will be duly notified of this by a modification to these general conditions or by My Booking Box adding special conditions about these paid-for services to its website.
Users who make use of My Booking Box website in line with these general conditions can do so free of charge.
However, users acknowledge that My Booking Box website also provides paid-for services. For example, following a reservation made via My Booking Box website, users acknowledge and accept that the service provided to the third party Restaurant/Meeting place Owner listed on My Booking Box website is a paid-for service.
If My Booking Box ltd supplies on its My Booking Box website details on prices or a range of prices of a third party provider listed on its site, this information is supplied for information purposes and convenience only. My Booking Box ltd does not guarantee the accuracy of this information.
Also, My Booking Box website may contain links to third party websites, which are owned and operated by retailers or service providers working independently of My Booking Box ltd. These third parties may require users to pay a fee for using certain content or services supplied on the third party website. Therefore, users are responsible for making any necessary and prudent checks as to whether payment will be required and the nature of the payment procedures before entering into a transaction with third parties. My Booking Box ltd cannot under any circumstances be connected with the services provided by third parties and/or the third party websites in question.
OPENING AN ACCOUNT - IDENTIFICATION - PROOF
EXCHANGE OF INFORMATION
From the time the account is set up, users are allocated a username and password (hereafter "Identifying Information") so that they can access their private account.
Confidentiality of Identifying Information
Identifying Information is personal and confidential. It can only be changed if the user requests it to be changed, or on the initiative of My Booking Box ltd.
Users alone are fully responsible for using their Identifying Information and agree to make all efforts to keep their Identifying Information confidential and not to reveal it to any person or in any form.
If their Identifying Information is lost or stolen, users are responsible for any harmful consequences of this loss or theft, and must follow, as soon as possible, the stated procedure for changing it; this procedure can be viewed at http://www.mybookingbox.co.uk/my-account/profile.
Agreement on proof
The parties explicitly agree that:
Exchange of information
Users agree to the use of electronic messaging to send the information they request regarding the completion or performance of the contract.
PERSONAL DATA PROTECTION
My Booking Box ltd, in strict compliance with current law and regulations, wishes to collect certain information. This information is collected in accordance with provisions of data protection law to give users an optimum experience of My Booking Box website.
Declaration of the automated processing of named data to the England Information Commissioner's Office
My Booking Box ltd, when processing personal data, has declared the client-prospect files Certificate of Registration This is to certify that: My Booking Box Ltd is registered with the Information Commissioner's Office under registration reference: ZA068862 Registration Start date: 4 August 2014.
The collection of personal data does not make visible, directly or indirectly, the ethnic origins, political, philosophical or religious opinions or trade union affiliation, or data regarding the health or sex orientation of the people concerned.
User data are collected and processed fairly and legally for specific, clear and legitimate purposes, and are not subsequently processed in a way incompatible with these purposes. It is collected and processed in a way that identifies the persons concerned for a duration not exceeding the time necessary to complete the procedures for which the data are collected and processed.
Personal data shall only be processed by a subcontractor or a person acting under the authority of the data controller or that of the subcontractor, on the instructions of the data controller at My Booking Box.
My Booking Box website and/or its partner websites may store information on the user's computer or device. This information will take the form of a "Cookie" or similar file. "Cookies" are data which contain no personal information and are sent via the server on users' hard drives or devices. The main role of cookies is to identify users more quickly when they log on and make it easier for them to participate in certain events, promotions, activities etc. on My Booking Box website.
Users acknowledge and accept that My Booking Box ltd reserves the right to install a "Cookie" on their computer or device to save information about the use of My Booking Box website.
To find out more about the cookies used by My Booking Box ltd and to change your cookie settings, users are invited to read the My Booking Box ltd home page cookies policy.
Users are hereby notified that the personal data marked as obligatory on the forms, which is gathered to provide the service described in these general conditions, must be provided in order to use this service; it will only be used to provide this service and is intended only for My Booking Box ltd and its Restaurant /Meeting place Owner partner clients, who shall take all necessary precautions to maintain, as far as possible, the security of the data.
Users authorise My Booking Box ltd to supply certain information to its technical suppliers so that users can benefit from certain functions of My Booking Box website (forum, opinions, comments, etc.).
Users authorise My Booking Box ltd to pass on all their information to My Booking Box ltd's Restaurant / Meeting place Owner client partners when supplying the services offered by My Booking Box.
Furthermore, users authorise My Booking Box ltd to use and/or transfer this information under its partnership agreements, in accordance with the law, particularly to enable users to benefit from personalised information and services ("special deals", "Free invitations", etc.).
My Booking Box ltd's customers, when using the "invite your friends along to this reservation" feature, are likely to disclose third party email addresses to My Booking Box ltd.
When disclosing these addresses, My Booking Box ltd's customers declare that they have obtained the explicit and informed permission of the owners of these addresses. Therefore, the client shall not hold My Booking Box ltd liable for the use of these email addresses in the following ways:
Any email sent by My Booking Box ltd to the address collected the first time the user makes a reservation will be related to the service outlined in these general conditions.
Right of access, correction and opposition
Users have a right of access and rectification over this data, which they may assert by unsticking a box on the User's "My account" page or by writing to email@example.com
Users may also assert their right of opposition to the use of this data if they have a legitimate reason by sending a message to the following email address firstname.lastname@example.org
Users acknowledge that, generally and given the current state of technological progress, every time they publish information online, this information can be collected and used by third parties. Therefore, users shall not hold My Booking Box ltd responsible for any liability or harmful consequence of the use by third parties of this information exchanged using communication tools (chat, forum, opinions) offered on My Booking Box website.
Users must follow the rules below to publish an opinion on the site about a restaurant they have reserved on My Booking Box website.
Conditions for posting opinions
Reasons for rejecting posts
Users are notified that their posts may be rejected for the following reasons:
If users post content which is clearly fake, My Booking Box ltd, after applying the procedures for the refusal or deletion of the post, shall cancel the user's registration and delete all of their posts.
Moderating the posts
Users who have posted an opinion may later ask for it to be deleted by writing to: email@example.com. Posts will remain on the site for up to 3 years from the time they are first posted. Posts on restaurants which have closed or changed ownership since the post was made will be deleted. Users are notified that they may be contacted by My Booking Box ltd to check the authenticity of their post, by email and/or by telephone. Users are informed that their post may be forwarded to Partner Sites of My Booking Box ltd and be posted on these Partner Sites. To make it easier for users of My Booking Box website to read the posts, users authorise My Booking Box ltd to include the following information next to the post: date of registration on the site, number of posts made, first name and the first letter of the surname, position and date of the restaurant visit. In accordance with the amended law of 6 January 1978, users have the right to access, modify, rectify and delete their data; they also have a right to oppose the information being used if there are legitimate reasons for this. Users may assert these rights by writing to firstname.lastname@example.org.
Opinions from groups of diners/meeting
Users who book a restaurant for a group of diners are invited to supply the email addresses of their co-diners/meeting so that they can receive practical information about the reservation (restaurant address, reservation time, etc.) Users declare that they have the advance permission of their co-diners/meeting for them to pass on their email addresses in this context. Each co-diner/meeting is then invited to post an opinion on their experience at the restaurant booked by the user.
Right of reply
Each Restaurant / Meeting place Owner has a right of reply in order to:
Any request for a response must be sent within 3 months of the contentious message being circulated, to email@example.com or by letter sent by registered post with proof of receipt request to My Booking Box ltd, Registration address: 145-157 ST JOHN STREET London EC1V 4PW.
The request must include the following:
Every user who has booked a restaurant using My Booking Box website and honoured their reservation at the restaurant is invited to rate their experience.
Users are informed that the rating on My Booking Box website next to each restaurant is an equally-weighted average of the ratings given for each table in the last year.
Use of user content
We may use user content and user opinions in different ways, including to publish it on My Booking Box website, change its format, include it in advertising or other documents, create works derived from it, enhance it, distribute it and also allow others to use it on their websites and social media platforms. Therefore, users hereby give My Booking Box ltd irrevocable permission to use this content for any purpose, and irrevocably waive any claims to or assertion of moral or patrimonial rights regarding this content.
LIMITATIONS OF LIABILITY
Given the specific nature of the Internet, My Booking Box ltd offers no guarantee of the continuity of the service, and can only be bound by an obligation of means in this regard.
My Booking Box ltd cannot be held liable in the event of damage linked to temporary unavailability of one of its services on My Booking Box website.
Information on My Booking Box website may be changed at any time, given the interactive nature of the site, for which My Booking Box ltd is not liable.
My Booking Box ltd declines any liability for any damage or loss linked to the use or inability to use My Booking Box website or its content, except in the event of statutory exceptions.
My Booking Box ltd does not guarantee that the information presented is detailed, complete, verified or accurate. The documents, information, descriptive sheets, and, in general, any content on My Booking Box website is provided "as is", with no explicit or tacit guarantee of any kind.
Users expressly acknowledge that the photos on My Booking Box website are not contractually binding.
Generally, users accept and acknowledge that the reservation is not guaranteed. As such, My Booking Box ltd does not guarantee the effectiveness of the booking service. Availability is checked digitally and in real time and a table is actually booked via the computer. However, as My Booking Box ltd is not able to physically check the accuracy of the information collected and/or given by the service providers, users accept that My Booking Box ltd cannot be held liable if the user is unable to benefit from the restaurant's services. The configurations of the real time reservation software partially depend on the information supplied and/or saved by the Restaurant / Meeting place Owner and may not reflect reality. So, for example, users acknowledge and accept that My Booking Box ltd shall not under any circumstances be held liable if the booking is cancelled if the restaurant is closed for any reason, or if the service is refused for any reason.
Likewise, and for the same reasons, users accept that My Booking Box ltd cannot be held liable if the user is not able to benefit from the restaurant's promotions or special offers. Users acknowledge and accept that My Booking Box ltd shall not be held liable if the restaurant fails to honour a promotion or special offer for any reason.
Users state that they are fully familiar with the features and limitations of the Internet. They acknowledge that it is impossible to guarantee that the data sent by the user over the Internet will be fully secure. My Booking Box ltd cannot be held responsible for any incidents which could arise from this data transfer.
Users therefore disclose the data at their own risk. My Booking Box ltd can only give assurances that it will use all the means available to it to ensure maximum security.
Users agree to compensate My Booking Box ltd for any costs that My Booking Box ltd has to bear as a result of any claim or dispute, in our out of court, linked to the use of the services set out herein by the user. The user agrees to hold My Booking Box ltd harmless against any pronouncement in this regard in the event of legal proceedings.
In any case, users explicitly acknowledge and agree to use My Booking Box website at their own risk and under their sole responsibility.
My Booking Box website contains links to third party websites. Linked sites are not under the control of My Booking Box ltd, and My Booking Box ltd is not responsible for the content of these related sites. My Booking Box ltd supplies these links for convenience only, and a link does not mean that My Booking Box ltd sponsors or recommends the linked site in question or that My Booking Box ltd is affiliated to it. Linked sites are owned and operated by independent retailers or service providers, and as such My Booking Box ltd cannot guarantee that you will be satisfied with their products, services or business practices. It is your responsibility to make any checks you think are necessary or appropriate before entering into any transactions with one of these third parties.
Unrestricted acceptance of these general conditions
By setting up an account, users accept, explicitly and without reserve, the terms of these general conditions and any special conditions on My Booking Box website.
Provision of accurate, honest and true information
When setting up an account, users must send accurate and true information regarding their title, family name, first name(s), email address and telephone number, so that they can be properly identified.
Checking the validity conditions for promotions and special offers
Users must check the validity conditions of a promotion before booking on the site and may not under any circumstances claim from the restaurant a My Booking Box ltd promotion outside the validity conditions as outlined on My Booking Box website, and outside the booking procedure with a promotion or special offer.
Adherence to national and international intellectual property law
Users agree not to submit, copy, resell, republish, or, in general, make available in any form whatsoever any information or data received from My Booking Box ltd or available on My Booking Box website, to another individual or legal entity from any country. In general, users agree to adhere to the intellectual property provisions below.
Ownership of rights
All intellectual property moral and patrimonial rights relating to the content and information on My Booking Box website belong to My Booking Box ltd, with the exception of third party patrimonial rights, for which My Booking Box ltd has obtained the necessary rights transfers or authorisations.
The rights conferred on users by using My Booking Box website and the services supplied by My Booking Box ltd do not entail any transfer or permission to operate or use any part of My Booking Box website.
Protection of all items: trademarks, designs, logos, hyperlinks, information, etc.
All items (brands, designs, texts, hyperlinks, logos, images, videos, sounds, software, formatting, databases, codes etc.) on My Booking Box website and on associated sites are protected by national and international law and intellectual property law. These items remain the sole property of My Booking Box ltd and/or its partners.
Prohibition on unauthorised use
Therefore, without prior written permission from My Booking Box ltd and/or its partners, users may not reproduce, represent, republish, redistribute, adapt, translate and/or transform partially or in full, or transfer to another media, any information from My Booking Box website.
Users acknowledge and are aware that failure to obey this prohibition constitutes an infringement punishable by civil and criminal law.
PENALTY FOR CONTRACTUAL FAILURES
Suspension or permanent stoppage of the service(s)
In the event of failure by users to meet or comply with one of their obligations or stipulations in these general conditions, My Booking Box ltd may modify, suspend, limit or withdraw access to the service, without users being entitled to any compensation of any kind.
My Booking Box ltd shall also be entitled to claim compensation for the losses sustained.
The relations that bind My Booking Box ltd and the user, which are mainly governed by these general conditions, are subject to English law, to the exclusion of any other state legislation. If these general conditions are drawn up in several languages or translated, only the English version shall have legal force.
Any dispute and/or difficulty in the construction or performance of these general conditions shall be brought before the relevant courts of the city of London (United Kingdom).
Partial nullity - Dissociation - Titles
If a provision of these general conditions is null and void, illegal, non-inviolable or inapplicable in any way, the validity, legality or application of the other provisions of these general conditions shall not be affected or altered in any way; the other stipulations of the general conditions shall remain in force and retain their full effect.
My Booking Box ltd may draw up a new clause to re-establish the joint will of the Parties as expressed in the initial clause, in line with current law applicable to these general conditions.
The titles of the articles herein are for information purposes only and must not be considered as forming an integral part of the general conditions.
Absence of renunciation
Unless stipulated otherwise in these general conditions, no tolerance, failure to act, abstention or omission, and no delay by My Booking Box ltd in asserting any of its rights under this agreement, can jeopardise said right, and cannot be understood as a renunciation to assert said right in the future. On the contrary, said right shall remain in full force.
Notification and removal of illegal content
My Booking Box ltd notifies all users of My Booking Box website that it may give notice of a claim or objection relating to illicit items or content posted on My Booking Box website.
If users believe items or content posted on My Booking Box website to be illegal and/or in breach of their copyright, they may immediately send a notification to My Booking Box ltd by registered post with proof of receipt containing all supporting documentation to prove the ownership of the rights if applicable. Once this procedure has been followed, and after the accuracy of the notification has been checked, My Booking Box ltd shall make all reasonable efforts to remove the illicit content as soon as possible. My Booking Box ltd cannot be held liable for content presented on My Booking Box website which can be modified by third parties (for example, restaurant sheets, forums, opinions, etc.).
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