Legal

Website Terms of Use

Last updated: 08 Nov 2016

Website Operator: Punch Taverns PLC. ( “we” or “us” or “our”).

If you have any complaints or comments about the Website our contact email address is info@ladyhamiltonneston.co.uk

 

Please read these Terms of Use carefully before you use this Website. They are  legally binding and contain important information relating to use of this Website and apply to everyone who uses this Website.

You may only use this Website if you are at least 18 years old.

Our landlord is a Punch Taverns Group company (see list of landlords below). Our landlord shall be entitled to enforce these Terms of Use, but nothing in these Terms of Use shall otherwise confer any right on any other person. These Terms of Use also incorporate:

our Privacy Policy (which tells you how Punch Taverns use your personal information collected on this Website and otherwise); and
our Cookies Policy (which tells you how we use cookies on this Website).
If there is any conflict or ambiguity between these documents, the following order of precedence shall apply: 1st the terms in this document, 2nd our Privacy Policy, and then 3rd our Cookies Policy.

1               Your acceptance of these Terms of Use

By accessing and/or using this Website you agree to accept and comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not access or use this Website.

2               Changes to these Terms of Use

We may revise these Terms of Use at any time by amending this page on the Website and will indicate at the top of the page when these Terms of Use were last revised.

3               Accessing our Website

3.1           You may only use this Website in a personal capacity and not in the course of your trade or business. You may only use this Website if you are at least 18 years old.

3.2           We permit access to this Website on a temporary basis, and we reserve the right to withdraw or amend access to this Website without notice. As we do not charge you for accessing this Website we will not be liable to you if for any reason this Website is unavailable at any time or for any period.

4               Restrictions on use

You agree to use the Website strictly in accordance with the Terms of Use and all applicable laws and regulations and in a manner that is not likely to and does not cause any harm or damage to us, any Punch Taverns Group companies, or any of our contributors, suppliers, contractors or other customers or any other visitors of the Website.

5               Termination of access

5.1           We reserve the right at any time to terminate or restrict or suspend access to this Website (without giving you any prior notice).

6               Information and content you provide

Whenever you provide us with information via the Website or otherwise the information must be complete, accurate, up-to-date and not misleading. In addition you confirm that you give us and/or any Punch Taverns Group companies, permission to use the information provided as set out in our Privacy Policy. We may rely on this information so it is important you comply with this requirement.
By submitting content to this Website by email, postings on this Website or otherwise, you grant Us and Punch Taverns Group companies a nonexclusive, royalty-free, perpetual, transferable, irrevocable right to (a) use, copy, modify, distribute, publish, and make available all or part of such material anywhere in the world; and (b) use your name in connection with such material.
We do not monitor or control any messages or content posted by users to this Website and will not be in any way responsible or liable for such content. We reserve the right in our sole discretion to remove any user posted content without notice.
If you post comments or materials to this Website you agree not to post any material that:
Is untrue, unlawful, misleading, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy, inciting, abusive, fraudulent or otherwise objectionable;
promotes racism, bigotry, hatred or incites physical harm of any kind against any group or individual;
violates any industry or regulatory rules or guidelines; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
may infringe any third party intellectual property right;
pretends to originate from someone else;
contains private, personal or confidential information about an individual or business;
in our judgment is objectionable or which may expose us or Punch Taverns Group companies to liability, damage or a claim;
We take no responsibility for any materials posted, by any third party. Neither we nor Punch Taverns Group companies are liable for any mistakes, defamation, infringement or illegal content included in such user posted materials and you review and access such content at your own risk.
7               Your liability to us

If you breach any of these Terms of Use then you must reimburse us for all costs, claims, expenses and other liabilities we incur as a result of your breach of these Terms of Use, and that a reasonable person could reasonably foresee would be the direct result of the relevant breach. This is in addition to any other specific remedies we have in these Terms of Use or under the law generally (such as our right to prevent you accessing this Website).

8               Our liability to you

8.1           Website content. We do not warrant the accuracy or completeness of the material on the Website. We may make changes to the functionality of the Website, the material on the Website and/or any of the goods and services (including their prices) described in it, any time without notice. Any of the content on this Website may be out of date at any given time, and we are under no obligation to update such content.

8.2           Third party websites. Mention of third party products, services, companies and websites on this Website is for information purposes only and constitutes neither an endorsement nor a recommendation.

8.3           Third party rights. We provide no assurance that the use by you of information available on this Website will not infringe third party rights (including intellectual property rights) and we will have no liability in this regard.

8.4           Exclusions.    The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal disclaimer, might have effect in relation to the Website.

8.5           Liability limit. Our maximum liability to you for our breach of these Terms of Use or for our negligence or the negligence of our employees or agents or for any recoverable costs, expenses, claims or other liabilities arising our of your use of this Website will not exceed £100. We consider and you acknowledge the limitations and exclusions of our liability set out in these Terms of Use are fair and reasonable and have been calculated by reference to the facts you do not pay to access this Website.

8.6           We do not limit or exclude our liability for death or personal injury arising from our negligence nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

9               Links to and from our Website

9.1           We have included links to other websites. Whilst we will from time to time review the websites to which we have linked, we do not endorse the contents of those linked websites. We disclaim all liability arising from the information or materials contained on any linked websites.

9.2           You may not link to this Website, nor frame it, nor extract information or data from it other than for your personal use without our express permission. If you would like to link or frame to the Website please contact us.   We may withdraw linking/framing permission at any time without notice.

10            Viruses, hacking and other offences

10.1        You must not misuse this Website by knowingly introducing material which is malicious or technologically harmful or that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or interfere with or disrupt the Website. You must not attempt to gain unauthorised access to this Website, the server on which thid Website is stored or any server, computer or database connected to this Website.

10.2        By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any offence to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

10.3        We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

11            Trade marks, copyright and other use of this Website

11.1        Our rights. Except for other content that we post on this Website and credit as being owned by a third party, all the content on this Website and all intellectual property rights (including copyright, trademarks and database rights) arising in that content and this Website generally are owned by us or our licensors and must not be reproduced, distributed or made available without prior permission of the owner of those rights;

11.2        all business names and other marks used on this Website are owned by us or our licensors (including third party providers of goods and services available via the Website) and may not be used without their prior written permission.

11.3        You may not use any meta tags or any other hidden text using our names or trade marks without our prior written permission.

11.4        Your rights. Unless specifically stated that particular materials can be used more widely, you are only permitted to copy the materials contained on the Website for personal non commercial use. The grant of this limited licence is conditional upon your agreement to and compliance with these Terms of Use. Any other use of any of the materials on this Website including, modification, distribution, or making avaialable, without our prior written permission is strictly prohibited.

11.5        Breach of our rights. If you copy or download or publish or make available any content from this Website in breach of these Terms of Use, your right to use this Website and content on this Website will cease immediately and you must, at our option, return, delete, take down or destroy any copies of the content fromthis Website.

12            Miscellaneous

12.1       Transfer of rights. We may assign or transfer our rights and obligations under the contract between you and us to another person or organisation. You may only transfer your rights or obligations under these Terms of Use to another person if we agree in writing.

12.2        Governing law and jurisdiction. These Terms of Use are governed by English law. This means these Terms of Use and any dispute or claim arising out of or in connection with them will be governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland

13            Punch Taverns

13.1               Punch Taverns Group companies include:

13.1.1            Punch Taverns plc (company number 3752645), VAT No. 745 7724 03

13.1.2            Punch Partnerships (PTL) Ltd (company number 03512363), VAT No.710 3148 84

13.1.3            Punch Partnerships (PML) Ltd (company number 03321199), VAT No.666 0183 45

13.1.4            Punch Partnerships (PGRP) Ltd (company number 03988664), VAT No.745 7724 03

13.2        The registered offices of all these companies are at Jubilee House, Second Avenue, Burton-upon-Trent, Staffordshire, DE14 2WF.

Privacy Policy

Last updated: 17 April 2015

Please read this Privacy Policy carefully before you use this Website. It contains important information on your legal rights and obligations.

Information you submit through this Website is collected and stored by our landlord. A list of landlords in the Punch Taverns Group is at the end of the Terms of Use page. References in this Privacy Policy to Punch Taverns is to our landlord and other companies in the Punch Taverns Group.

Expressions used but not defined in this Privacy Policy will have the meanings set out in the Terms of Use located at Terms of Use page of which this Privacy Policy forms a part.

1               Granting Punch Taverns permission to process your information

By using this Website and/or submitting personal information to via the Website, whether during a visit to the Website, when submitting an online order, or otherwise, you accept this Privacy Policy and you are consenting to the processing of that personal information by Punch Taverns in accordance with this Privacy Policy.

If you do not agree to this Privacy Policy, please do not submit information about yourself through this Website.

2               Changes to this Privacy Policy

We may revise and update this Privacy Policy at any time and will indicate at the top of this page when this Privacy Policy was last revised. Please periodically review the Privacy Policy, as your continued use of this Website indicates your agreement with any changes that we make.

3               Respecting your privacy

The protection of your privacy in the processing of your personal information is an important concern to Punch Taverns and any personal information about you collected as a consequence of your visits to this Website will be is processed by us Punch Taverns according to the legal provisions of applicable data privacy and data protection legislation.

4               Collection of your personal information

4.1           Punch Taverns may collect and process data about you when you visit this Website. This includes but is not limited to the following:

4.1.1               information about yourself when you fill in any form or request for information on the Website

4.1.2               information contained in any surveys that we ask you to complete for research purposes on this Website

4.1.3               details of your visits to this Website and the resources that you access.

4.2           When you provide personal information to Punch Taverns or Punch Taverns collect personal information from the Website, Punch Taverns will treat that information in accordance with this Privacy Policy.

5          Sharing of your personal information

5.1           Punch Taverns may share your personal information in the following ways:

5.1.1               Punch Taverns may share your personal information with us, for use in accordance with paragraph 7 of this Privacy Policy;

5.1.2               Punch Taverns sometimes use third parties to process personal information on their behalf. For example, Punch Taverns may use third parties to maintain their IT systems. Where Punch Taverns use third parties to process your personal information, Punch Taverns will ensure that they have adequate security measures in place to safeguard your personal information;

5.1.3               where you have indicated your consent, Punch Taverns may share your personal information with third parties who may contact you directly in relation to promotions for goods or services which may be of interest to you;

5.1.4               Punch Taverns will release your personal information to others when you have given your consent to that release;

5.1.5               Punch Taverns may give information they hold about you to third parties as part of the process of selling one or more of their businesses; and

5.1.6               in some circumstances Punch Taverns may transfer your personal information to countries outside of the European Economic Area, where data protection safeguards are not as high as they are in the UK. If this occurs Punch Taverns will ensure that adequate measures are taken to protect your personal information.

6               Other disclosures of your personal information

Punch Taverns may disclose your personal details where they are required to do so under a court order, or following any other request from a duly authorized competent body (including in respect of criminal and civil matters) if Punch Taverns believe that the disclosure is required by law or is reasonably necessary to protect the values and objectives of this Website or other users.

7          Use and storage of your personal information

7.1           Your personal information may be used for the following purposes:

7.1.1               to host and administer the Website;

7.1.2               to send you reminders about particular matters in relation to the Website;

7.1.3               to provide you with information that you request from us and to keep a record of the information which you have been provided;

7.1.4               to ask you to participate in surveys and feedback relating to the Website and for processing and analysing the results of that survey or feedback internally

7.1.5              where you have indicated your acceptance, to inform you about our latest promotions and/or specific products and services that we think might be of interest to you;

7.1.6               where you have indicated your acceptance, providing you with information on third parties and any goods or services they provide that may be of interest to you;

7.1.7               to update records held by Punch Taverns or ourselves;

7.1.8               to send you newsletters or other mailings you choose to receive;

7.1.9            to analyse trends and profiles, including in relation to usage of the Website;

7.1.10            to notify you about changes to the Website and/or business;

7.1.11            for other purposes clearly stated on the page or other method in which you provide your information; and

7.1.12            as necessary for you to enjoy the benefits associated with use of the Website or the goods or services we have supplied to you.

8               Use of Cookies

When you are a visitor to this Website Punch Taverns will track your use of this website by using cookies. Please see the Cookies Policy for more information.

9               Access to your personal information

You have the right to request a copy of the personal information that Punch Taverns hold about you and to have any inaccuracies corrected. Punch Taverns will ask for confirmation of identity before they disclose any personal information and may charge a £10 administration fee to process the request.

Please address requests to Data Protection Officer.

10            Links

This Website may contain links to other websites. This Privacy Policy applies to this Website only and neither we nor Punch Taverns are responsible for the privacy practices of other Websites. We recommend that you read the privacy policies of those other websites.

Cookies Policy

Last updated: 17th April 2015

This Cookies Policy tells you what cookies are used on this Website and the function of these cookies.

Please read this Cookies Policy carefully before you use this Website. It contains important information on your legal rights and obligations.

Expressions used but not defined in this Cookies Policy will have the meanings set out in the Terms of Use located at Terms of Use page of which this Cookies Policy forms a part.

1               Granting us permission to use cookies

If the settings on your web browser are set to accept cookies, by using the Website you accept this Cookies Policy and you consent to us using the cookies in this Website in the manner explained in this Cookies Policy.

If you do not agree to this Cookies Policy, please do not use this Website.

2               Changes to this Cookies Policy

We may revise and update this Cookies Policy at any time and will indicate at the top of this page when this Cookies Policy was last revised. Please periodically review the Cookies Policy, as your continued use of this Website indicates your agreement with any changes that we make.

3               What are cookies and how do they benefit me?

3.1           Cookies are small text files that are placed on your computer or mobile device when you browse websites. Like most modern websites this Website uses cookies. Cookies help us provide you with the best experience we can.

3.2           Cookies allow us to enable many functions of this Website to ensure its smooth operation. The text below should help explain what cookies we use and what the implications of usage are.

3.3           Our cookies help to:

3.3.1               make this Website work as you’d expect

3.3.2               remember your settings during and between visits

3.3.3               improve the speed/security of this Website

3.3.4               make our special offers more relevant to you

3.4           We do not use cookies to pass personally identifiable data to third parties (except as set out in the Privacy Policy).

More information about our cookies

4               Cookies set by us

4.1           We use cookies to make this Website work including:

4.1.1               allowing you to sign up to our newsletter

4.1.2               remembering if we have already asked you certain questions

4.2           One of the cookies we use is essential for parts of this Website to operate and have already been set. Should you wish to remove or not use cookies from this Website you can learn how to do this below, however please be aware that restricting or deleting cookies may impact on the functionality of our Website and your ability to use our Website.

4.3           If you wish to prevent these cookies being set please do not use this Website.

5               Improving our Website – Anonymous Visitor Analytics

5.1           We also use cookies to compile visitor statistics (called analytics) such as how many people have visited this Website, what type of technology they are using (e.g. Mac or Windows, which helps to identify when this Website isn’t working as it should for particular technologies), how long they spend on the Website, what pages they look at, etc. This helps us to continuously improve this Website. These so called “analytics” programs work on an anonymous basis and as such don’t hold any personally identifiable information.

5.2           We use the software package known as Google Analytics to do this. You can opt-out of being tracked by Google Analytics

5.3           We’d prefer you didn’t turn these cookies off as this data is seriously helpful to us in improving this Website.

6               Cookies set by third parties

6.1           This Website, like most websites, includes functionality provided by third parties. A common example is an embedded YouTube video. This Website includes the following which use cookies:

6.1.1               Videos (powered by YouTube and Vimeo);

6.1.2               Google Maps; and

6.1.3               other embedded content.

6.2           Disabling these cookies will likely break some of the functions offered by these third parties

7               Turning Cookies Off

7.1           You can usually switch cookies off by adjusting your browser settings to stop it from accepting cookies. The Help function within your browser should tell you how. Alternatively you can visit http://www.attacat.co.uk/resources/cookies/how-to-ban or www.allaboutcookies.org which provide general information about cookies and how you can manage cookies on your computer.

7.2           To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.

7.3           Doing so however will likely limit the functionality of our and a large proportion of the world’s websites, as cookies are a standard part of most modern websites

7.4           It may be that if you have concerns around cookies they in fact relate to so called “spyware”. Rather than switching off cookies in your browser you may find that anti-spyware software achieves the same objective by automatically deleting cookies considered to be invasive.

8               A full list of our website cookies

Here is complete list of our cookies:

Google Analytics
Piwik Analytics