App terms & conditions for users
PLEASE READ THESE TERMS CAREFULLY.BY CLICKING ON THE "ACCEPT" BUTTON, ORBY DOWNLOADING AND USING THE APP, YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
1 Who we are and what these terms do
1.1 We are Ambl Group Limited of 7 - 8 Britannia Business Park, Comet Way, Southend On Sea, Essex, England, SS2 6GE.
1.1 You may contact us:
1.1.1 via our contact page on our Site; or
1.1.2 by email at hello@ambl.co
1.2 We licence you to use:
1.2.1 The Ambl website available at https://www.ambl.co/(Site);
1.2.2 the Ambl mobile application software (App) and any updates or supplements we make to it; and
1.2.3 any documentation relating to the App which we make available (Documentation),for the purpose of providing a facility to assist you with making reservations with hospitality outlets (who we call hospitality businesses in these terms, whether or not they are business or other type of organisation), as permitted in these terms.
2 Other applicable terms
2.1 Privacy Notice: Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Notice and it is important that you read that information.
2.2 App store terms: The ways in which you can use the App may also be controlled by rules and policies of the particular application store which you used to download the App, whose rules and policies will apply instead of these terms to the extent that there are differences between the two.
3 Changes to these terms
3.1 We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
3.2 We will give you notice of any change by notifying you of a change when you next start the App or by sending you an SMS, email or other method of communication, with details of the change.
3.3 If you do not accept the notified changes you must stop using the App.
4 Use of the Site
4.1 We own the Site. We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it.Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Our Site:
4.1.1.1 contains information about our business;
4.1.1.2 contains information about how to download and access our mobile software application (which provides functionality designed to assist users in making reservations with nearby hospitality businesses); and
4.1.1.3 provides functionality for businesses to register for an account with us, so that they can provide information to users through our mobile software application.
4.2 How you can use the Site. You must not use any part of the content on our Site other than for the purposes described above. In particular, you must not use any part of the content of our Site for commercial purposes (other than as described in 4.1).
4.3 You must not make copies of the Site in breach of these terms. If you print off, copy or download any part of our Site in breach of these terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
4.4 You must not modify any copies you make of the Site. You must not modify the paper or digital copies of any materials you print off or downloaded in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text, without our prior written consent.
4.5 Our Status must be acknowledged. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
4.6 OurSite is for use in the UK. Our Site is directed at users habitually resident in the United Kingdom. We cannot confirm and do not represent that content available on or through our Site is appropriate for use or available in other locations.
4.7 We are not responsible for viruses.We do not guarantee that our Site will be secure or free from bugs or viruses. We use reasonable firewall, virus and content filtering software, but we cannot guarantee 100% security or that our Site will be free from bugs, viruses,Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or other material that is malicious or technologically harmful. We shall not have any responsibility for damage to, unauthorised access to, or viruses or other code that may affect any computer equipment, software, data or other property as a result of access to our Site. We shall also not be responsible for the actions of third parties in breaching our security measures. You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
4.8 You must not introduce Viruses to the Site.You must not misuse our Site by knowingly introducing viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under theComputer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
4.9 Rules about linking to our Site. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these terms. If you wish to link to or make any use of content on our Site other than that set out above, please contact us using our contact details above.
5 Use of the App
5.1 Operating system requirements: Any minimum specification requirements -including for example: the type of mobile telephone or handheld device; the minimum or amount of memory; or the type of operating system required - may be set out at www.ambl.co .
5.2 Support for the App and how to tell us about problems
5.2.1 Support. If you want to learn more about the App or have any problems using it, please take a look at our support resources at www.ambl.co.
5.2.2 Contacting us(including with complaints). If you think the App is faulty or misdescribed or wish to contact us for any other reason, please contact our customer service team via the App or by emailing hello@ambl.co.
5.2.3 How we will communicate with you. If we have to contact you, we will do so via the App, or by email, SMS or pre-paid post, using the contact details you have provided to us.
5.3 Permitted use of the App: In return for your agreeing to comply with these terms, we agree that you may:
5.3.1 download or stream a copy of the App onto your mobile telephone or handheld device and view, use and display the App on such device for your personal purposes only;
5.3.2 use any Documentation to support your permitted use of the App; and
5.3.3 receive and use any free supplementary software code or update of the App incorporating"patches" and corrections of errors as we may provide to you.We are giving you personally the right to use the App as set out above. You must not otherwise transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
5.4 Updates to theApp. From time to time, we may update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update theApp for these reasons. If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the App.
5.5 If someone else owns the phone or device you are using. If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
5.6 We may collect technical data about your device. By using the App, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products.
5.7 Limitations to the App. The App does not offer advice on which you should rely. You may wish to make your own investigations about hospitality businesses before taking any action based on the App or based on information obtained from it. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
5.8 Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App.
5.9 Check that theApp is suitable for you. The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the relevant application store site and in the Documentation) meet your requirements.
6 Relationship with hospitality businesses
6.1 AppFunctionality. The App provides functionality designed to assist you with making reservations with hospitality businesses.
6.2 We are not party to agreements made using the App. We will not be party to any reservations, arrangements, meetings or communications made between you and any hospitality business and all such reservations, arrangements, meetings or communications are subject to that business's terms of services and any other terms and conditions agreed between you and that business.
6.3 You are entering into an agreement with the business. You will be deemed to have entered into a binding reservation with a business, only if you and that business have agreed to do so directly. That is a matter entirely for you and the relevant business, not us. The App is made available to you solely to provide a facility to assist with requesting bookings with businesses. Their services and your relationship with them will be subject to their terms and conditions, and it is their responsibility to provide these to you. We are not a party to this.
6.4 We are not responsible for information provided by the business. We may allow hospitality businesses to present information on the Site or App including any menu, food, calorie, allergen, ingredient or other related information. Where we do this, you acknowledge that such menu information is provided by the hospitality venue, not Ambl. We do not confirm the accuracy of that information. If you attend a hospitality business, you agree to check the menu and also discuss any particular needs with the hospitality venue in person, including any menu, food, calorie, allergen, ingredient or other related information, and you should not rely on the information made available on the Site or the App or otherwise online, which is made available only as indicative guidance.
7 Provision of the Site and App
7.1 We provide theSite and the App for convenience. We are not responsible for quality or any other aspect of the services provided by the relevant business. We suggest you make your own investigations before satisfying yourself about a hospitality business you may wish to visit. We make no promises or representations about their quality, regulatory approvals or ratings, fitness or suitability for you.Specifically:
7.1.1 we are not responsible for the accuracy, quality, safety or legality of any hospitality business's acts, omissions or premises;
7.1.2 any reservation, arrangement, meeting or communication of you (or anyone on whose behalf you are acting) with any hospitality business (or anyone on whose behalf that hospitality business is acting) is entirely at your own risk;
7.1.3 we shall in no circumstances have any liability whatsoever in respect of any such reservation, arrangement, meeting or communication or any hospitality business's failure to comply with that reservation, arrangement, meeting or communication;
7.1.4 we do not in any circumstances have any liability for any act or omission of any third party (including any hospitality business); and
7.1.5 we will not be responsible for any liability, loss, damage, injury, cost or expense incurred arising out of or in relation to any such reservation, arrangement, meeting or communication (including failure to provide or delay in providing or receiving any services or products, or errors in any information provided to us or to you by that other person).This clause 7does not affect the Liability section below.
7.2 Any tips and suggestions that we may provide are for convenience only. Irrespective of any tips or suggestions we may provide, it is entirely your responsibility to take your own precautions and carry out your own prior investigations including in relation to hospitality businesses.
7.3 Disputes are between you and the relevant business. You may give us feedback about particular businesses presented on the Site or App. However, any formal issues, disputes or complaints as between you and the relevant business shall be a matter for you and them to resolve, not Ambl.
8 Obligations on you
8.1 You agree that you will:
8.1.1 try your best to attend all reservations which you make via the App (including that the numbers of people you indicate will attend the reservation do attend the reservation);
8.1.2 give the hospitality business reasonable notice if you have to cancel or change your reservation. You acknowledge that if you do not comply with the above, we may withdraw your access to the App without notice;
8.1.3 comply with the licence restrictions set out in clause 7; and
8.1.4 Comply with the acceptable use restrictions set out in clause 8.
9 Licence restrictions
9.1 You agree that you will:
9.1.1 not rent, lease, sub-license, loan, provide, or otherwise make available, the Site or the App in any form, in whole or in part to any person without prior written consent from us;
9.1.2 not copy the Site, App or Documentation, except as part of the normal use of the Site or App or where it is necessary for the purpose of back-up or operational security;
9.1.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the Site,App or Documentation nor permit the Site or App to be combined with, or become incorporated in, any other programs, except as necessary to use the Site or App on devices as permitted in these terms;
9.1.4 except as allowed by applicable law which is incapable of exclusion by agreement, not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Site or App nor attempt to do any such things; and
9.1.5 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Site or App.
10 Acceptable use restrictions
10.1 You must not:
10.1.1 use the Site or the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;
10.1.2 infringe our intellectual property rights or those of any third party in relation to your use of the Site or the App;
10.1.3 transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Site or the App;
10.1.4 use the Site or the App to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
10.1.5 use the Site or the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
10.1.6 use the Site or the App to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect our operation and/or security or any computer software or hardware; or
10.1.7 collector harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers.
11 Intellectual property rights
11.1 All intellectual property rights throughout theworld in the Site, App and the Documentation belong to us (or our licensors)and the rights in the Site, App and the Documentation are licensed to you. Youhave no intellectual property rights in, or to, the App or the Documentation other than the right to use them in accordance with these terms.
12 Liability
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill , but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Nothing in these terms shall limit or exclude our liability for death or personal injury caused by our negligence (or the negligence of our employees, agents or subcontractors), for fraud or fraudulent misrepresentation or for any other liability which cannot be limited or excluded under applicable law.
12.3 We are not liable for business losses. If you use theSite or App for any commercial or business purpose, we will have no liability to you for any loss of profit, loss of revenue, loss of business, business interruption, or loss of business opportunity, or for any indirect or consequential loss.
12.4 We are not responsible for events outside our control. We will not be liable to you if our provision of the Site or App or support for the Site or App is delayed by an event outside our control.
12.5 We are not responsible for other linked websites. The Site and the App may contain links to other independent websites which are not provided by us.Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies(if any). We have no control over the contents of any third party site or resources. Please check the terms of use of any third party sites carefully.You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
12.6 Limitation of liability. If you use the Site or App for any commercial or business purpose, our total liability to you, whether in contract, tort, negligence, misrepresentation, restitution, breach of statutory duty or otherwise, arising under or in connection with these terms, shall be limited to £100 (one hundred pounds).
13 We may end your right to use the Site or the App if you break these terms
13.1 We may end your rights to use the Site or App at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.
13.2 If we end your rights to use the Site or the App, we may take any of the following actions:
13.2.1 immediately, temporarily or permanently, withdrawing your right to use our Site and any content available on it, or the App;
13.2.2 issuing a warning to you;
13.2.3 commencing legal proceedings against you for reimbursement of all costs on an indemnity basis(including, but not limited to, reasonable administrative and legal costs)resulting from the breach;
13.2.4 taking further legal action against you; or
13.2.5 disclosing such information to law enforcement authorities as we reasonably feel is necessary.
13.3 If we end your rights to use the App:
13.3.1 You must stop all activities authorised by these terms, including your use of the App.
13.3.2 You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
13.3.3 We may remotely access your devices and remove the App from them.
14 Other ImportantTerms
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms.
14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
14.3 No rights for third parties. These terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms.
14.4 If a court finds part of these terms illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing these terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking these terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the law of England and Wales. If you are a consumer, you and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of NorthernIreland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you are a business or professional, you and we both agree to the exclusive jurisdiction of the courts of England and Wales.