Terms & Conditions

Posted on 02 Jul 2020 Comments Off on Terms & Conditions

INFORMATION ABOUT US

We operate the websites:
www.thebonvivantgroup.co.uk
www.ladylibertine.co.uk
www.bonvivantedinburgh.co.uk
www.bonvivantscompanion.co.uk
www.devilsadvocateedinburgh.co.uk
www.elcartelmexicana.co.uk
www.luckenboothsedinburgh.co.uk

(our “websites”)

We are The Devil’s Advocate Ltd, a company registered in Scotland under company number SC453919 and with our registered office at 9 Advocate’s Close, Edinburgh, EH1 1ND (“Company”)

Our VAT number is 175 031 821

TERMS AND CONDITIONS

The following Terms and Conditions are issued by the Company and apply to users, viewers and all people who access our Websites. Please read these Terms and Conditions carefully before using the Websites. By using and accessing any part of the Websites you are indicating that you accept these Terms and Conditions. If you do not accept these Terms and Conditions, do not use the Websites.

INTRODUCTION

  1. You may access all areas of the Websites without registering your details with us.
  2. The Company may revise these Terms and Conditions at any time by updating this posting.

INTELLECTUAL PROPERTY 

  1. Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website are owned or licensed by the Company. Without limitation, the trademarks and all related logos associated with the brands The Devil’s Advocate, El Cartel, The Bon Vivant, The Bon Vivant Group, The Bon Vivant’s Companion and Lady Libertine are owned by the ­­Company.
  2. Material from the Websites may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, commercially exploited or adapted in any way without the prior written consent of the Company.
  3. Any rights not expressly granted in these Terms and Conditions are reserved.

SERVICE ACCESS & ACCEPTABLE USE

  1. The Company shall not be liable if for any reason the Websites are unavailable at any time or for any period. Access to the Websites may be suspended temporarily or permanently without notice.
  2. The Company reserves the right to suspend, terminate or restrict access to the Websites if these Terms and Conditions are breached.
  3. You may use the Websites only for lawful purposes. You may not use the Websites in any way that breaches any applicable local, national or international law or regulation;
    • in any way that breaches any applicable local, national or international law or regulation;
    • in any way that is unlawful or fraudulent or has any unlawful or fraudulent effect
    • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any form of spam;
    • to knowingly transmit any data, send or upload any material that contains viruses or similar computer code designed to adversely affect the operation of any computer software or hardware;
    • to undertake any other activity that would contravene the Computer Misuse Act 1990 (UK).
  4. You are prohibited from posting or transmitting to, from, or via the Websites any material:
    • that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
    • for which you have not obtained all necessary licences and/or approvals; or
    • which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
    • which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

SUBMISSIONS

  1. Other than personal information, which is covered under our Privacy Policy, any material you contribute (including remarks, suggestions, ideas, creative concepts, graphics or other information) shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and persons authorised by it shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied in contributions for any and all commercial or non-commercial purposes. please see our Privacy Policy for information on how we use your personal data.
  2. You may not misuse the Website (including, without limitation, by hacking).
  3. The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material or acting in any way in breach of these Terms and Conditions.

LINKS TO OTHER WEBSITES

  1. Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Websites and you will be subject to the terms of those third party websites, including any privacy policies. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
  2. If you would like to link to the Websites, you may only do so on the basis that you link to, but do not replicate, the home page of the Websites, and subject to the following conditions:
    • you do not remove, distort or otherwise alter the size or appearance of any of the Company’s logos;
    • you do not create a frame or any other browser or border environment around the Websites;
    • you do not in any way imply that the Company is endorsing any products or services other than its own;
    • you do not misrepresent your relationship with the Company nor present any other false information about the Company;
    • you do not otherwise use any of the Company’s trade marks or logos displayed on the Websites without express written permission from the Company;
    • you do not link from a website that is not owned by you; and
    • your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
  3. The Company expressly reserves the right to revoke the right to link to the Websites for breach of these Terms and Conditions and to take any action it deems appropriate.

RESTRICTION ON LIABILITY

  1. While the Company endeavours to ensure that the information on the Websites or elsewhere is correct, the Company does not warrant the accuracy and completeness of the material on the Websites or elsewhere. The Company may make changes to the products, services or information on the Websites or elsewhere, at any time without notice. The information on the Website may be out of date, and the Company makes no commitment to update it. To the maximum extent permitted by law, the Company provides you with the Websites on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law).
  2. Unless otherwise stated in these Terms, the Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Websites), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in delict, tort , contract, negligence or otherwise) in connection with the Websites in any way or in connection with the use, inability to use or the results of use of the Websites, any websites linked to the Websites or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Websites or your downloading of any material from the Websites or any websites linked to the Websites.
  3. Nothing in these Terms and Conditions shall limit the Company’s liability for:
    • death or personal injury caused by the negligence of the Company, its directors, agents, officers or representatives;
    • fraud or fraudulent misrepresentation; or
    • any other liability which cannot be excluded or limited by law.

GOVERNING LAW AND JURISDICTION

  1. These Terms and Conditions shall be governed by and construed in accordance with the laws of Scotland. Disputes arising in connection with these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the Scottish courts. If you are a consumer in the UK, your statutory rights may apply.

GIFT VOUCHERS

  1. Devil’s Advocate Ltd Gift Vouchers are valid in the following venues: The Bon Vivant and The Bon Vivant’s Companion on Thistle Street, The Devil’s Advocate on Advocate’s Close, Lady Libertine on West Register Street and El Cartel on Thistle Street, Teviot Place and Roxburgh’s Court and Luckenbooths on the High Street.
  2. Gift Vouchers are valid for 12 months from the date of purchase.
  3. Gift Vouchers are non-refundable or transferable.
  4. The Voucher cannot be exchanged or redeemed for cash.
  5. The original Voucher must be presented to staff when paying the bill and any of the Devil’s Advocate Ltd venues reserves the right to refuse to accept a voucher where it reasonably suspects that the voucher may have been stolen, tampered with, duplicated or obtained in another illegal way.
  6. The Devil’s Advocate Ltd Group will not be held liable for Vouchers which have been lost or stolen.
  7. The Devil’s Advocate Ltd reserves the right to amend these terms and conditions and / or discontinue the vouchers at any time however any gift vouchers which have already been purchased will be honoured until their expiry date. This does not affect your statutory rights.
  8. Vouchers can be used as part or full payment. No change will be given.

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