TERMS AND CONDITIONS

Nightcap Ltd (“we”, “us”, “our” or “Nightcap”), provides a variety of online services through its websites (“Websites”) and mobile applications (“Apps”). These Terms and Conditions apply to any Websites or Apps which contain or reference them.

Please refer to the relevant terms (collectively, “Terms”), which apply as follows:

Terms of Use: these apply to the services we provide through any of our Websites or Apps which reference these Terms and Conditions.
End User Licence Agreement: this applies to any of our Apps that you download from an online App store such as the Apple App Store or Google Play Store and install on your mobile device.
Terms of Sale: these applies to orders you place for products using any of our Apps and Websites that include an ordering feature.
Booking Terms: these apply to reservations you make at our pubs, bars and other premises.

Please read the Terms and our related Privacy Policy and Cookie Policy carefully before you use our Websites or Apps, as these will apply to you when you use them. By using any part of our Websites or downloading or using any of our Apps, you confirm that you accept these terms and conditions and that you agree to comply with them. Every time you use a Website or App, please check the Terms to ensure you understand the Terms that apply at the time of your use.

We may revise the Terms from time to time for any reason, including to reflect changes in relevant laws and regulatory requirements so please check this page occasionally to ensure that you are happy with any changes.

We take your privacy seriously. Please see our privacy policy to find out about how we collect and use your personal information and your data protection rights.

Terms of Use

Please read these Terms of Use carefully before using our Websites or Apps

What’s in these terms?

These Terms of Use tell you the rules for using our Websites and Apps. Please see our main Terms and Conditions for more details about our Websites and Apps.

Who we are and how to contact us

Our Websites and Apps are operated by Nightcap Ltd (we, us or our). Nightcap is a limited company registered in England and Wales with registration ‎ number 12899067, whose registered office address is 119 Wardour Street, London, W1F 0UW.

To contact us, please email digital@nightcapgroup.com.

By using any of our Websites or Apps you accept these terms

By using our Websites or Apps, you confirm that you accept these Terms of Use and that you agree to comply with them.

If you do not agree to these terms, you must not use any of our Websites or Apps.

We recommend that you print a copy of these terms for future reference.

There are other terms and policies that may apply to you

Further terms and conditions and policies, in addition to these Terms of Use may apply to your use of our Websites and Apps.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use a Website or App, please check these terms to ensure you understand the terms that apply at that time. These terms were last updated on the date that appears at the top of this page.

We may make changes to our Websites and Apps

We may update and change our Websites and Apps from time to time to reflect changes to our products, our users’ needs and our business priorities or for other reasons.

We may suspend or withdraw our any of our Websites or Apps

Our Websites and Apps are made available free of charge.

We do not guarantee that our Websites and Apps, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Websites and Apps for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Websites or Apps through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

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 the contract.

Our Websites and Apps are only for users in the UK

Our Websites and Apps is directed to people residing in the United Kingdom. We do not represent that content available on or through our Websites and Apps is appropriate for use or available in other locations.

You must provide accurate and up-to-date details

You must make sure that all the information you provide if you register with our Websites or Apps is true, accurate, current and complete.

If you change any of your registration details (such as your email or postal address), you must update your account.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of registration information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. If you do so, you will breach these terms and may be responsible for any activities on your account.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at digital@nightcapgroup.com.

How you may use material on our Websites and Apps

We are the owner or the licensee of all intellectual property rights in our Websites and Apps, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Websites and Apps for your personal use and you may draw the attention of others within your organisation to content on our Websites and Apps.

You must not modify the paper or digital copies of any materials you have printed 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.

Our status as the authors of content on our Websites and Apps must always be acknowledged.

You must not use any part of the content on our Websites and Apps for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy, download, share or repost any part of our Websites and Apps in breach of these Terms of Use, your right to use our Websites and Apps will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No text or data mining, or web scraping

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Websites and Apps or any services provided via, or in relation to, our Websites and Apps. This includes using (or permitting, authorising or attempting the use of):

any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Websites and Apps or any data, content, information or services accessed via the same; or
any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard.

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

Our Websites and Apps, their content and any services provided in relation to the same are only targeted to, and intended for use by, individuals located in the United Kingdom (Permitted Territory). By continuing to access, view or make use of any Websites or Apps and any related content and services, you promise and represent to us that you are located in a Permitted Territory. If you are not located in a Permitted Territory, you must immediately discontinue use of our Websites and Apps and any related content and services.

Do not rely on information on our Websites and Apps

The content on our Websites and Apps is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Websites and Apps.

Although we make reasonable efforts to update the information on our Websites and Apps, we make no representations, warranties or guarantees, whether express or implied, that the content on our Websites and Apps is accurate, complete or up to date.

We are not responsible for websites we link to

Where our Websites and Apps contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

How to complain about or report content

If you wish to complain about any content, please contact us by email at digital@nightcapgroup.com.

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products and services to you, which will be set out in our End User Licence Agreement (for our Apps), our Terms of Sale (for product sales), our Booking Terms (for reservations made at our venues), and our Loyalty Programme Terms (for participation in our loyalty programme).

If you are a business user:

We exclude all implied conditions, warranties, representations or other terms that may apply to our Websites and Apps or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our Websites or Apps; or
use of or reliance on any content displayed on our Websites or Apps.
In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.

If you are a consumer user:

Please note that we only provide our Websites and Apps for domestic and private use. You agree not to use our Websites and Apps for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If our Websites or Apps damage a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us or reasonable anti-virus software and similar safeguards on your device.

How we may use your personal information

We will only use your personal information as set out in our privacy policy and cookie policy.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our Websites and Apps will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Websites and Apps. You should use your own virus protection software.

You must not misuse our Websites and Apps by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Websites and Apps, the server on which our Websites and Apps are stored or any server, computer or database connected to our Websites or Apps. You must not attack our Websites and Apps via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer 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 Websites and Apps will cease immediately.

Rules about linking to our Websites and Apps

You may link to the home page of each of our Websites and to our Apps, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of them.

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.

You must not establish a link to our Websites and Apps in any website that is not owned by you.

Our Websites must not be framed on any other websites, nor may you create a link to any part of our Websites other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our Websites and Apps other than that set out above, please contact us by email at digital@nightcapgroup.com.

Which country’s laws apply to any disputes?

If you are a consumer, please note that these Terms of Use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland 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, these Terms of Use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Our trade marks

Nightcap and its brands and its and their respective logos are trade marks of Nightcap Ltd. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under How you may use material on our Websites and Apps.

End User License

Please read carefully before downloading the App from the Appstore or using the App

This end-user licence agreement (EULA) is a legal agreement between you and Nightcap. Nightcap is a limited company registered in England and Wales with registration ‎number 12899067, whose registered office address is 119 Wardour Street, London, W1F 0UW (us, we or our, as applicable).

This EULA applies to your use of:

the Nightcap mobile application software that you download and install and all data and content supplied with the software (App); and
all accompanying electronic documents, including those made available online, supplied in connection with the App (Documents).

You can contact us by email in relation to any queries, complaints or claims at digital@nightcapgroup.com.

We license use of the App and Documents to you on the terms of this EULA and subject to any rules or policies applied by the application e-store provider or operator (Appstore) from whose site or platform you downloaded the App (Appstore Rules). If there is any inconsistency or conflict between the terms of this EULA and those of the Appstore Rules, the terms of the Appstore Rules will prevail. We do not sell the App or Documents to you. We remain the owners of the App and Documents at all times.

We may provide a number of services that are accessible through the App (Services) and our other Terms, together with the terms of this EULA, will govern your use of those Services (collectively, the Terms).

For the purposes of data protection laws, we are a ‘controller’ of the personal information collected and otherwise processed through the App and when providing the Services. As the controller, we decide why and how your personal information is processed and are responsible to you under the law for this processing. To find out more about why and how your personal information is processed, as well as your data protection rights, please see our privacy policy.

IMPORTANT NOTICES

BY DOWNLOADING THE APP FROM THE APPSTORE OR USING THE APP YOU AGREE AND WILL BE BOUND TO THE TERMS, IN PARTICULAR, THE LIMITATIONS ON LIABILITY SET OUT IN CONDITION 6 OF THIS EULA.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE APP AND DOCUMENTS TO YOU AND YOU MUST NOT DOWNLOAD OR USE THE APP.
TO OPERATE PROPERLY, THIS APP REQUIRES A DEVICE, WITH INTERNET ACCESS, THAT MEETS OR EXCEEDS THE MINIMUM SYSTEM REQUIREMENTS DESCRIBED IN THE COMPATIBILITY SECTION OF THE APPSTORE PAGE FROM WHICH YOU CAN DOWNLOAD THE APP.
ANY USERNAMES, PASSWORDS, OR OTHER LOGIN INFORMATION OR OTHER PERSONAL INFORMATION YOU PROVIDE WILL BE AVAILABLE TO THE APP.

You should print or save a copy of the Terms for future reference.

1. KEY STATEMENTS YOU ACKNOWLEDGE WHEN USING THE APP

1.1 The terms of this EULA apply to the App and the Services, including any updates or supplements to the App or the Services, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.

1.2 We may change these terms at any time by sending you an email or SMS with details of the change or notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services. If you do not wish to accept the new terms you must delete the App from your device(s).

1.3 From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms.

1.4 You will be assumed to own the mobile telephone, handheld or other electronic devices on which you download and install a copy of the App (or, if you do not own but control such device, that you have obtained permission from the owners) (Devices). You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.

1.5 By using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. This does not affect our obligations or your rights under data protection laws.

1.6 The Services will make use of location data sent from the Devices with your consent. You can turn off this functionality at any time by turning off the location services settings for the App on the Device.

1.7 The App or any of the Services may contain links to other independent third-party websites and applications (together, Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

1.8 We and you acknowledge that we, and not Apple Inc. nor Google LLC (nor any other company in their respective corporate groups), are responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation.

2. THE PERMISSION WE GIVE YOU TO USE THE APP

2.1 In return for you agreeing to abide by the Terms, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to the Terms and the Appstore Rules. We reserve all other rights.

2.2 You may:

(a) download a copy of the App onto as many Devices that you own or control (or the number of Devices permitted by the Appstore Rules, if greater) and to view, use and display the App on the Devices for your personal purposes only; and

(b) use the Documents for your personal purposes only.

2.3 The licence to use the iOS version of the App granted under this EULA is limited to: (i) Devices that are Apple-branded that you own or control and as permitted by the Apple Appstore Rules; and (ii) Devices associated with your Apple Appstore account via a family sharing or volume purchasing arrangement.

2.4 The licence to use the Android version of the App granted under this EULA includes a licence to your family group and family members whose accounts are joined together for the purpose of creating a family group.

3. RESTRICTIONS ON YOUR USE OF THE APP

Except as expressly set out in this EULA or as permitted by any local law, you agree:

(a) not to copy the App or Documents except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;

(b) not to sell, rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents;

(c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;

(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:

(i) is used only for the purpose of achieving inter-operability of the App with another software program;

(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and

(iii) is not used to create any software that is substantially similar to the App;

(e) to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;

(f) to include our copyright notice on all entire and partial copies you make of the App on any medium;

(g) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and

(h) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology),together, the Licence Restrictions.

4. ACCEPTABLE USE RESTRICTIONS

You must:

(a) not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, the Services or any operating system;

(b) not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);

(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

(d) not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

(e) not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service,

together, the Acceptable Use Restrictions.

5. OUR INTELLECTUAL PROPERTY RIGHTS

5.1 You acknowledge that all intellectual property rights in the App, the Documents, the Services and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents or the Technology other than the right to use each of them in accordance with the Terms.

5.2 You acknowledge that you have no right to have access to the App in source-code form.

6. PROMISES YOU GIVE TO US AND OUR LIABILITY TO YOU

6.1 You represent and promise to us that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that you are not listed on any U.S. Government list of prohibited or restricted parties.

6.2 You agree to reimburse us in full for any losses or liabilities we suffer or incur (including reasonable legal fees) as a result of any breach by you of your obligations in this EULA.

6.3 We both acknowledge that as between us and the Appstore, we (and not the Appstore) are solely responsible for: (i) addressing any valid claims made by you or a third party in relation to the App or your use of it; and (ii) for the investigation, defence, settlement and discharge of any valid claim for intellectual property infringement by a third party, in each case to the extent such responsibilities are not disclaimed under the terms of this EULA.

6.4 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements.

6.5 To the maximum extent permitted by applicable law, neither Apple Inc. Nor Google LLC nor any of their group companies will have any liability to you whatsoever under this EULA including in relation to any warranty obligations with respect to the app and, to the extent that they are not excluded under the terms of this EULA and the terms of use, we shall be solely responsible for any other claims losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. In particular, neither Apple Inc. Nor Google LLC will have any obligations whatsoever to furnish any maintenance and support services with respect to the app.

6.6 The app and the services are provided on an “as is” and “as available” basis. To the fullest extent permissible under applicable law, we disclaim any and all promises, warranties, conditions, or representations relating to the app and the services and the content available through them, whether express, implied, oral or written. In particular we do not make any promises as to the truth, accuracy, integrity, quality or completeness of the content or information that appears on the app and you should not rely on it being accurate, truthful or complete.

6.7 We shall not be liable for any indirect, consequential or special loss resulting from your use of the app and documents. We only supply the app and documents for your private use and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We shall not be liable for any losses, damages or liabilities relating to your use of or reliance on the app or your inability to access or use the app.

6.8 Nothing in this EULA shall affect or reduce your rights as a consumer under applicable law or to limit or exclude our liability for:

(a) death or personal injury resulting from our negligence;

(b) fraud or fraudulent misrepresentation; and

6.9 Except as set out above in this condition 6, our total liability in connection with the app, whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to fifty British pounds sterling (£50).

6.10 In the event of any failure of the iOS version of the app to conform to any warranty provided by us under this EULA, you may notify apple and apple will refund the purchase price for the app to you if you have purchased the app from the apple app store.

6.11 in the event of any failure of the iOS version of the app to conform to any warranty provided by us under this EULA, you may notify apple and apple will refund the purchase price for the app to you if you have purchased the app from the apple app store.

7. OUR RIGHT TO TERMINATE THIS EULA

7.1 We may terminate this EULA immediately by written notice to you:

(a) if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;

(b) if you breach any of the Licence Restrictions, the Acceptable Use Restrictions or our Terms of Use; or

7.2 On termination for any reason:

(a) all rights granted to you under this EULA shall cease;

(b) you must immediately cease all activities authorised by this EULA, including your use of the Services; and

(c) you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so.

8. COMMUNICATIONS BETWEEN US

8.1 If you wish to contact us in writing (including in relation to any questions, complaints or claims), or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post using the contact details at the beginning of this EULA. We will confirm receipt of this by contacting you in writing, normally by e-mail.

8.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App.

9. EVENTS OUTSIDE OUR CONTROL

9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).

9.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:

(a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and

(b) we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.

10. OTHER IMPORTANT TERMS

10.1 We both acknowledge and agree that:

(a) in respect of the iOS version of the App, Apple Inc and its subsidiaries and group companies (but no other third parties) are third party beneficiaries of this EULA, and that, upon your acceptance of this EULA, each of them will have the right (and will be deemed to have accepted the right) to directly enforce these terms of this EULA against you as a third party beneficiary;

(b) in respect of the Android version of the App, Google LLC and its subsidiaries and group companies (but no other third parties) are third party beneficiaries of this EULA, and that, upon your acceptance of this EULA, each of them will have the right (and will be deemed to have accepted the right) to directly enforce these terms of this EULA against you as a third party beneficiary; and

(c) except as provided in this condition 10.1, this EULA does not create any right enforceable by any person who is not a party to it.

10.2 You shall comply with all applicable terms and conditions relating to any third party services that you use in connection with the App including any wireless data service agreement you have entered into with the relevant service provider or applicable social media platform terms.

10.3 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.

10.4 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.

10.5 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

10.6 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

10.7 Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

Terms of Sale

Please read the following important terms and conditions carefully before you purchase any products from us as they are intended to form the basis of our contract with you

ABOUT US AND THESE TERMS OF SALE

1 Information about us and our products

Who we are. We are Nightcap, a limited company registered in England and Wales with registration ‎number 12899067, whose registered office address is 119 Wardour Street, London, W1F 0UW.

How to contact us. You can contact us by writing to us at digital@nightcapgroup.com.

How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

Our products. You can find everything you need to know about us and our products on our Websites or Apps before you order. We also confirm the key information to you in writing after you order, either by providing access to that information by email or in your online account.

How we use your personal information. How we use the personal information you give to us and that we otherwise receive is set out in our Privacy Policy.

The date from which these Terms of Sale apply. These Terms of Sale apply from the date they were last updated which appears at the bottom of this page.

2 Agreeing to these terms

These are the terms and conditions on which we supply products to you. By purchasing any products from us, you enter into a contract with us on these terms. You may wish to keep and electronic or paper copy of them for future reference.

3 There are other terms that may apply to you

These terms together with our Privacy Policy, Cookie Policy, Terms of Use and other terms and conditions set out on our main Terms and Conditions will apply to your order. Please read them carefully before you submit your order to us. If you think that there is a mistake in any of these terms, please contact us to discuss.

MAKING CHANGES TO THESE TERMS, PRODUCTS OR AN ORDER

4 We can make changes to these terms and our products

Changes relating to new orders. We reserve the right to change these terms at any time. Any amendment to these terms shall be effective exclusively for all new orders submitted following the publication of the amendment on the relevant Website or App. Please check the terms and conditions posted there before placing your order as they may have changed since your last visit.

Minor changes relating to existing orders. We can always make changes to these terms and the products once you have placed your order:

a) to reflect changes in relevant laws and regulatory requirements; and

b) to address any health and safety issues.

We can withdraw our products. We can stop providing a product, such as a type of food or drink or a specific product. We will let you know at within a reasonable period in advance and refund any sums you have paid in advance for products which will not be provided.

PLACING YOUR ORDER

5 How to place your order

If you are placing an order using our Websites or Apps, they will guide you through the steps you need to take to place an order with us. When you click ‘Pay Now’ or similar purchase button you are under an obligation to pay. We will explain and guide you through the steps you need to take to place an order with us. We can process and finalise your order in the English language only.

If you have paid a deposit as part of a reservation booking, please contact our team when you arrive on-site and do not place your orders using our Websites or Apps. Please see our Booking Terms for further information about reservation bookings.

OUR PRODUCTS

6 Products can vary slightly from their pictures

The images of the products on our Website or Apps or in our marketing are for illustrative purposes only. Your products may vary slightly from those images. We shall not be liable for any inadequacy of the images of the products displayed on our Websites or Apps or in our marketing arising from such technical limitations.

7 The product packaging may vary

The packaging of the products may vary from that shown in images on our Websites or Apps or in our marketing.

HOW AND WHEN WE WILL ACCEPT YOUR ORDER

8 We only accept orders when we have checked them

When you order products from us you are making a legal offer to buy the products. We will contact you to confirm that we have received your order. A contract is only formed when we contact you again to confirm we have accepted it.

9 Sometimes we reject orders

Sometimes we reject orders, for example, if the products are out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the products. We may refuse to supply your ordered products if we cannot verify your age when we deliver your products (where the product is age-restricted). If we reject your order or refuse to supply your product, we will let you know as soon as possible and refund any sums you have paid.

10 Where our contract for your order will be stored

You may access your order by clicking on the relevant order history section within your account on our App. Your order will also be stored and filed in our order management system.

PRICE, PAYMENT AND PROMOTION

11 Where to find the price for the products

The price of the products (which includes VAT) will be the price indicated during the order process when you placed your order. We take all reasonable care to ensure that the price of the products advised to you is correct. However please see sections 4 and 9 for what happens if we discover an error in the price of the products you order.

12 When you must pay

You must pay for the products before we dispatch them. We will charge your credit or debit card or otherwise take payment at the time you pay for the products.

13 When you own and become responsible for the products

You own the products once we have received payment in full and you have received your products.

14 We pass on increases in VAT

If the rate of VAT changes between your order date and the date we supply the products, we will adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

15 Promotional offers

From time to time we may offer promotional discounts and offers on our products. All promotions are subject to separate terms and conditions found on our website.

Some promotions require the use of promotional codes including quick response (QR) codes that we make available to you. These codes can be redeemed online at the time you purchase your subscription by entering the code into the relevant box subject to the terms of the promotion to which they relate.

We may make these codes available on our Websites or Apps, by email or other marketing materials or through a third party. The availability and use of promotional codes may also be subject to additional terms and conditions which we will make available to you at the time of the promotion. Details of the validity period of a promotional code will be made available at the time of its issue.

Promotional codes cannot be exchanged for cash. We do not permit the sale, trade or purchase of promotional codes in any way. This also applies to promotional codes published by third parties.

Promotional codes cannot be used in conjunction with each other nor any other special offers or discounts except where expressly stated otherwise.

16 Our loyalty programme

Purchases that you make from some of our Websites and Apps may be eligible purchases under our loyalty programme if you are validly registered with that programme. Please see our Loyalty Programme Terms for more information.

DELIVERY

17 How and when you will receive the products

The products that you order and purchase will be delivered to your table.

We do not deliver any products at any locations other than the premises you have specified at the time you place your order.

When your order is ready, your ordered products will be delivered to you.

18 Your responsibility to receive your order

You are responsible for ensuring you are available to receive products that you order.

If you leave the premises at the time we deliver your products, you will not be entitled to redelivery or to any refund of all or part of your order.

19 We are not responsible for delays outside our control

If our supply of your products is delayed by an event outside our control such as a power cut or flooding at our premises, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we will not compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team using the details on our Websites or Apps or by speaking to our staff on-site to end the contract and receive a refund for any products you have paid for in advance, but not received.

TERMS RELATING TO PRODUCTS

20 Delivery costs and timescales

We do not charge for any delivery of any orders.

We deliver products that you order on the day of your order during your visit to our premises.

OUR RIGHTS TO END OUR CONTRACT WITH YOU

21 We can end our contract with you

We can end our contract with you for the products and claim any compensation due to us if you do not:

a) make any payment to us when it is due; or

b) if, at the time of delivery you are not present or available in the relevant premises to receive the products you have ordered.

CANCELLATION AND RETURNS

22 You do not have a legal right to cancel or return your order

All products that can be ordered from usually deteriorate rapidly once supplied. Due to the nature of the products, you do not have a legal right to a cooling off period or other right to cancel or return your order. This does not affect your legal rights in relation to products that are misdescribed, defective or not delivered to you.

WHAT TO DO IF YOU HAVE AN ISSUE WITH YOUR PRODUCT

23 You have rights if there is something wrong with your products

We honour our legal duty to provide you with products that are as described to you on the Website or App from which you ordered them and that meet all the requirements imposed by law. If you are buying products from us, we have a legal obligation to supply them in conformity with the contract. For detailed information about your rights please visit the Citizens Advice website www.citizensadvice.org.uk. Nothing in these terms will affect your legal rights.

Unfortunately, we understand that on rare occasions, you may experience issues with our products. If you think there is something wrong with products, purchased from us, please contact our staff at the premises from which you purchased the products. The terms in the “Cancellation and returns” section do not apply, and we will deal with the problem according to your consumer buying rights.

24 Your obligation to return rejected products

If you wish to exercise your legal rights to reject products you must return them in person to where you bought them.

OUR RESPONSIBILITY FOR ANY LOSSES

25 Our responsibility for loss or damage suffered by you

We are responsible for losses you suffer caused by us breaking this contract unless the loss is:

a) Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).

b) Caused by a delaying event outside our control. As long as we have taken the steps set out in section 19 we are not responsible for delays outside our control.

c) Avoidable. Something you could have avoided by taking reasonable action. For example, by spilling your drink or dropping your food because you did not take reasonable care.

d) A business loss. We are not liable for business loss. We only supply products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

26 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for:

a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

b) for fraud or fraudulent misrepresentation;

c) for breach of your legal rights in relation to the products including the right to receive products which are:

i. as described and match information we provided to you and any sample provided to you;

ii. of satisfactory quality;

iii. fit for any particular purpose made known to us;

iv. supplied with reasonable skill and care; and

v. for defective products under the Consumer Protection Act 1987.

RESOLVING DISPUTES WITH US

27 You have several options for resolving disputes with us:

a) You can contact our team: If you have a problem with your order or products, or a complaint, please contact us by email at digital@nightcapgroup.com and will do their best to resolve any problems you have with us or our products.

b) You can go to court: These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

c) Local laws still apply: As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms, including this clause, affects your rights as a consumer to rely on such mandatory provisions of local law.

OTHER IMPORTANT TERMS APPLY TO OUR CONTRACT

a) We can transfer our contract with you, so that a different organisation is responsible for supplying your products. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

b) You can only transfer your contract with us to someone else if we agree to this.

c) Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

d) If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

e) Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you are not allowed to, but that does not mean we cannot do it later.

Booking Terms

GUESTLIST AND PRE PAID GUESTLIST:

• We operate a challenge 25 door policy. I.D may be required.

• We are over 18’s only

• Manager discretion applies at all times

• Pre paid guestlist option includes 1x Premium Drinks Voucher and Entry per person

• Pre paid guestlist is non refundable or transferrable

• If someone from the pre paid guestlist group isn’t permitted entry, the other guests in the party will be given the drinks voucher to use.

RESERVED AREA/TABLE BOOKINGS:

Bookings confirmed with a card authorisation: If you cancel within 24 hours of your booking date, we reserve the right to claim your card authorisation. (From 18th November – 29th December we will require 1 weeks notice of cancellation)

Bookings confirmed with a pre-payment: We do not offer refunds on any payments made. If you’d like to reschedule your booking, we ask for at least 1 week’s notice and is subject to availability.

• Group sizes over 6 guests may be assigned an area with a mixture of seated and standing availability.

• We operate a strict 18 and over policy. All guests must show a valid form of photo ID on arrival. Failure to do so may result in you being refused entry.

• We reserve the right to refuse entry and / or stop serving at managers discretion.

• In the instance that you need to amend your event date, the venue will do their best to accommodate where possible dependent on availability and time frame, but this cannot be guaranteed.

• All pre-ordered items and minimum spends must be paid for in advance of your booking.

• You will be required to adhere to your contracted guest numbers. If the event of a drop in numbers, the venue will attempt to work with you to maximise your pre-ordered package where possible, but this may not be guaranteed if items have been ordered in especially for your event

• All pre-ordered food and drinks are only redeemable on the day of your booking/event and are not transferable.

• All bar tabs, drink tokens and unlimited drinks packages are only redeemable on the day of your booking/event and are not transferable.

• All seating requests will be noted, however we cannot 100% guarantee a specific area.

• If booking brunch, all guests will be allocated to a table with seating space. All other reservations will have an area reserved made up of a mixture of seating and standing space.

• Please note we are a cashless bar and only accept card payments.

• We will hold your table for a maximum of 15 minutes past your booked arrival time. Please note that after this time we cannot guarantee your table will still be available.

• Guest list does not guarantee entry or a table in the venue

• We are not able to guarantee any specific seating requests or that you will be seated in a covered area however we will do our best to accommodate where possible.

PRIVATE HIRE TERMS & CONDITIONS:

1. Payment terms:

a. Deposit of 50% is required to confirm your booking, unless otherwise confirmed in writing.

b. The remaining balance of the pre order or agreed minimum spend must be paid 30 days prior to the event.

2. All deposits, pre-payments, products, packages and pre ordered items are to be used on the booking date. Anything not utilised on the booking date shall be retained by the venue unless there is prior written agreement to the contrary.

3. Our normal happy hour promotions are not applicable when hiring the venue exclusively, unless otherwise agreed in writing.

4. Our door policies still apply: We are strictly over 18 venues and guests will require a valid form of ID. The only 2 forms of ID we accept are Driving License or Passport. Admission to the venue is always at the management’s discretion.

5. Any damage to, or theft of, property at the Host Venue (including, but not limited to, music equipment, furniture, fixtures and fittings and any other property of the Host Venue) caused during the event times on the event date at the fault of the client is the client’s responsibility and will be charged to you at full replacement cost.

6. No sportswear, no tracksuits, hoodies or baseball caps.

7. You shall indemnify us against all and any claims arising from the purchase of goods or services from a third party booked and organised by yourselves. (including, but not limited to, external food and drink suppliers, photobooths, decorations or theming props etc.)

8. Where a Commission has been agreed with an event agency, this shall be paid or credited to you after the event has taken place and all final event payments have been received by us, within 30 days of the event taking place.

9. Cancellation policy:

All deposits are non refundable. If you need to reschedule your event, you may request to do so but is at our discretion. The booking must take place within the given timeframe. You may only do this once and is subject to availability.

10. If the event turns out to be a promoted club event and/or tickets are sold without written approval in advance of the event, then we have the right to close the event before or on the day without notice or liability and deposits will not be refunded.

11. These Terms and Conditions shall be governed by, and construed in all respects in accordance with, English law..

Gift Card Terms

1. Gift Voucher/E-Gift Cards

These terms and conditions (”T&Cs”) govern your use of your Gift Voucher, SMS Voucher or E-Gift Card (together known as “Gift Card”) Please take time to read and understand these terms before using your Gift Card.

1.1 The Gift Card is issued and operated by The Cocktail Club Shaftesbury Avenue which is part of Nightcap, a limited company registered in England and Wales with registration number 12899067, whose registered office address is 119 Wardour Street, London, W1F 0UW.

1.2 Gift Cards may not be exchanged for cash

1.3 The Gift Card is not a cheque guarantee, credit, debit or charge card

1.4 No change will be given and the balance must be used in a single purchase.

1.5 A Gift Card is valid for 12 months from the date of purchase. We will not refund any balance remaining and we will invalidate the Gift Card.

1.6 Gift Cards are valid at The Cocktail Club Shaftesbury Avenue venues in the UK. Gift Cards can only be redeemed online when booking. Gift Cards cannot be used via third party delivery partners.

1.7 Gift Cards can be purchased with a minimum value of £20 up to a maximum of £250

1.8 Our Gift Cards should be treated at cash. Please protect your Gift Card. If deleted or lost they cannot be resent or replaced.

1.9 Email gift vouchers can be displayed on your phone or printed out and given to your server/

1.10 Gift Cards may not be sold, exchanged or used for any other purposes, expect as specified in these terms 1.11 We reserve the right to refuse to accept a Gift Card which we deem to be tampered with, duplicated or which otherwise is suspected to be affected by fraud.

1.12 The Cocktail Club Shaftesbury Avenue does not warrant or represent that your Gift Card will always be accepted in our venues. For example, in the unlikely event of an IT or system failure where we are unable to process Gift Cards.

1.13 The Cocktail Club Shaftesbury Avenue reserves the right to amend these terms at any time or withdraw the Gift Cards on reasonable notice.

1.14 The Cocktail Club Shaftesbury Avenue Gift Cards are non-refundable.

Happy Hour Times

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Food Serving Times

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TERMS AND CONDITIONS

Terms of Use

End User License

Terms of Sale

Booking Terms

Gift Card Terms

Opening Times

Special

Opening Times

Special

Happy Hour Times

Special

Food Serving Times

Special

TERMS AND CONDITIONS

Terms of Use

End User License

Terms of Sale

Booking Terms

Gift Card Terms