1. Definitions
In these Terms of Service (the “Terms”):
- “Red Hill Popinn Cafe”, “we”, “us” and “our” refer to the operator of the website identified by the domain redhillpopinncafe.co.uk and any affiliated digital services operated under that name.
- “Site” means the website available at redhillpopinncafe.co.uk and any associated pages, content, features and services made available through it.
- “You” and “your” mean any visitor, user or customer who accesses or uses the Site.
- “Content” means any text, images, graphics, logos, menus, prices, photographs, audio or video, design, layout, software, code and other materials published on or made available through the Site.
- “Services” means the information, features and functionalities provided through the Site, including (as applicable) table reservations, event enquiries, contact forms, newsletters, vouchers, promotions and other customer communications.
2. Acceptance of These Terms
By accessing or using the Site, you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree, you must not use the Site. If you use the Site on behalf of a business, you represent that you are authorised to bind that business to these Terms and, in that case, “you” includes both you and that business.
We recommend that you print or save a copy of these Terms for your records.
3. Use of the Site
3.1 Eligibility
The Site is intended for use by individuals aged 16 or over. If you are under 16, you must have permission from a parent or legal guardian to use the Site.
3.2 Licence to Use
We grant you a personal, revocable, non-exclusive, non-transferable, limited licence to access and use the Site solely for your personal, non-commercial use and in accordance with these Terms.
3.3 Acceptable Use
You must not:
- use the Site in any unlawful, fraudulent or misleading manner;
- copy, reproduce, modify, distribute, transmit, display, perform, publish, license, create derivative works from, sell or resell any part of the Site or Content except as expressly permitted by law or these Terms;
- interfere with or disrupt the Site or any servers or networks connected to the Site, including by introducing viruses, malware or harmful code;
- use any data mining, robots or similar data-gathering or extraction methods on the Site;
- circumvent, disable or otherwise interfere with security or access-control features of the Site.
3.4 Accounts and Security
If the Site allows or requires you to create an account, you must provide accurate information and keep your credentials confidential. You are responsible for all activities under your account. Notify us promptly if you suspect unauthorised access or use.
3.5 Reservations, Orders and Promotions
- Any reservations or orders made through the Site are subject to availability, confirmation and any additional terms displayed during the process.
- Menus, ingredients, allergen information, prices, taxes, opening hours and promotions are indicative and may change without notice. If you have allergies or dietary requirements, please inform us directly before ordering or consuming any items.
- We may set fair usage, time limits, deposit or cancellation policies for bookings and events. Where applicable, such policies will be communicated during the booking process.
3.6 Third-Party Services
The Site may incorporate or reference services, platforms or content provided by third parties (for example, mapping services, reservation tools or social media). Those third parties are responsible for their own services and terms. We are not responsible for third-party content, services or availability.
4. Intellectual Property
4.1 Ownership
All intellectual property rights in and to the Site and the Content are owned by or licensed to Red Hill Popinn Cafe. All rights are reserved. You acquire no rights in the Site or Content except as expressly set out in these Terms.
4.2 Permitted Use of Content
You may view, temporarily cache and print Content for your personal, non-commercial use, provided you do not remove or alter any copyright, trade mark or other proprietary notices and you do not use the Content in a manner that is misleading, harmful or contrary to these Terms.
4.3 Trade Marks
“Red Hill Popinn Cafe” and any associated names, logos or trade dress are trade marks or unregistered marks of their respective owners. You must not use any mark displayed on the Site without prior written permission.
4.4 Feedback and Submissions
If you submit feedback, suggestions, reviews, photos or other materials to us, you grant us a worldwide, royalty-free, perpetual, irrevocable, sublicensable licence to use, reproduce, modify, adapt and publish such materials for any lawful purpose, subject to our obligations under the Personal Data section of these Terms. You warrant that you have all necessary rights to grant this licence and that your submissions are lawful and do not infringe third-party rights.
5. Availability and Changes to the Site
We may update, modify, suspend or discontinue any part of the Site or the Services (including Content and availability) at any time without notice. We do not guarantee that the Site or any Content will always be available, uninterrupted, error-free or free from defects. We may restrict access to some parts of the Site to registered users or to users within certain territories.
6. Disclaimers and Limitation of Liability
6.1 Information Disclaimer
The Content is provided for general information only. While we take reasonable care to keep information accurate and up to date, we make no representations, warranties or guarantees (express or implied) that the Content is complete, accurate or current. Reliance on Content is at your own risk.
6.2 Consumer and Business Users
- If you are a consumer, we are responsible to you 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. We are not responsible for loss or damage that is not foreseeable.
- If you are a business user, to the fullest extent permitted by law: (a) we exclude all implied conditions, warranties, representations or other terms that may apply to the Site or any Content; and (b) we will not be liable for any 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.
6.3 Mandatory Limits
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law. Your statutory rights as a consumer are not affected.
6.4 External Links and Third Parties
Where the Site provides information about or access to third-party websites, products or services, we do so for convenience only. We do not endorse and are not responsible for third-party content, products, services, accuracy, availability or practices.
6.5 Events Beyond Our Control
We are not liable for any failure or delay in performing our obligations caused by events beyond our reasonable control, including acts of God, utility or transport failures, strikes, epidemics, extreme weather or governmental action.
7. Personal Data and Cookies
7.1 Compliance
We process personal data in accordance with UK data protection law, including the UK General Data Protection Regulation and the Data Protection Act 2018.
7.2 What We Collect
Depending on how you use the Site, we may collect:
- Identity and contact data (such as name, email address, telephone number) when you make an enquiry, booking or sign up for communications;
- Transaction and reservation details (such as dates, party size, preferences, dietary notes that you choose to provide);
- Technical data (such as IP address, device and browser type, approximate location, and cookies/analytics where permitted);
- Marketing and communication preferences.
7.3 Purposes and Legal Bases
We use personal data to: (a) provide and manage the Site and Services; (b) handle enquiries, reservations and customer support; (c) send service messages and, where you consent or where permitted by law, marketing communications; (d) maintain security and prevent fraud; and (e) comply with legal obligations. The legal bases include performance of a contract or steps taken at your request, our legitimate interests (such as running our business and improving the Site), your consent where required, and compliance with legal duties.
7.4 Sharing
We may share personal data with trusted service providers who assist us in operating the Site and delivering Services (for example, reservation platforms, payment processors, email service providers and IT support), and with authorities where required by law. We require such recipients to protect your data and use it only for our specified purposes.
7.5 International Transfers
If we transfer personal data outside the UK, we will ensure appropriate safeguards are in place, such as adequacy regulations or standard contractual clauses approved for UK transfers.
7.6 Retention
We keep personal data only for as long as necessary to fulfil the purposes described above, including to meet legal, accounting or reporting requirements, after which it will be securely deleted or anonymised.
7.7 Your Rights
You have rights under data protection law, including to request access to your data, correction, erasure, restriction, portability and to object to certain processing (including direct marketing). Where processing is based on consent, you may withdraw your consent at any time without affecting the lawfulness of processing before withdrawal. You also have the right to lodge a complaint with the UK Information Commissioner’s Office.
7.8 Cookies
The Site may use essential cookies to operate and optional cookies (such as analytics) to help us improve the Site. Where required by law, we will request your consent before setting non-essential cookies. You can manage cookie preferences via your browser settings and, where available, via the cookie controls presented on the Site.
8. Links to Other Websites
The Site may contain links or references to third-party websites or resources. We have no control over their content or availability and accept no responsibility for them. Your use of third-party websites is at your own risk and subject to their terms and policies.
9. Modifications to These Terms
We may revise these Terms from time to time, for example to reflect changes in law, our Services or our business practices. The updated Terms will apply from the date they are published on the Site. Your continued use of the Site after changes take effect constitutes your acceptance of the revised Terms.
10. Applicable Law and Jurisdiction
These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation are governed by the laws of England and Wales.
If you are a consumer resident in the United Kingdom, you may bring legal proceedings in your local courts. If you are a business user, you agree that the courts of England and Wales shall have exclusive jurisdiction.
11. Other Important Terms
- Severance: If any provision of these Terms is found to be invalid or unenforceable, the remainder will continue in full force and effect.
- No Waiver: A delay or failure to exercise any right or remedy under these Terms does not constitute a waiver of that or any other right or remedy.
- Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations at any time in connection with a reorganisation, merger, acquisition or sale of assets.
- Entire Agreement: These Terms constitute the entire agreement between you and us regarding your use of the Site and supersede any prior understandings.
12. Contact
If you have questions about these Terms or the Site, please contact Red Hill Popinn Cafe using the contact details published on the Site or by speaking to a member of our team at our premises during opening hours.