The Application may only be used by individuals aged eighteen (18) years or older. User represents and warrants that (a) he/she is 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 (b) he/she is not listed on any U.S. government list of prohibited or restricted parties.
Terms and Conditions; The Epicurean Club Policies
These Terms supplement and incorporate (a) other Epicurean Club policies posted at www.epicurean.club (Epicurean Club Website); and (b) in respect of iOS versions of the Application, the Apple, Inc. (Apple) Terms and Conditions (located at www.apple.com/legal/internet-services/itunes/uk/terms.html#service) including, without limitation, the Licensed Application End User License Agreement provided therein (Apple Terms). If any applicable Epicurean Club policies or, in respect of iOS versions of the Application, any of the provisions of the Apple Terms and Conditions conflict with these Terms, these Terms will control, solely to the extent such terms apply to the Application.
Subject to these Terms, The Epicurean Club grants the User a personal, non-exclusive, non-transferable, limited, and revocable licence to use the Application for personal use only (a) in respect of the iOS version of the Application, on an iOS product owned or controlled by User as permitted by the Usage Rules contained in the Apple Terms and in accordance with these Terms; or (b) in respect of the Android version of the Application, on an Android product owned or controlled by User (User Licence). Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Application (Content) is prohibited. These Terms and User Licence also govern any updates to, or supplements or replacements for, this Application unless separate terms accompany such updates, supplements, or replacements, in which case the separate terms will apply.
Email Communications and Push Notifications
If a User signs up for an Epicurean Club account using the Application, the User will not, by default, be opted in to receive promotional email communications from The Epicurean Club (Email Communications). To get the full benefits from a User's membership, we would suggest that the User should opt in to receiving Email Communications from The Epicurean Club. The User may change their Email Communication preferences by adjusting the User's profile settings in the User's Epicurean Club account via www.epicurean.club. Similarly, upon registration through the Application, the User is provided the option to opt in to receive push notifications from The Epicurean Club on their Device and within the Application. This may include promotional communications, suggestions, offers, and system messages pushed to the Device or within the Application mailbox (Push Notifications). To get the full benefits from a User's membership, we would suggest that the User should opt in to receiving Push Notifications. The User may, at any time following download of this Application, opt out of receiving Push Notifications by type by adjusting the "The Epicurean Club Notifications" switch within the Application settings to "off", or within the Device's settings under "Notifications" to completely opt out of Push Notifications. Opting out of Push Notifications will not affect User settings with respect to Email Communications.
User's use of the Application, any Content, and User Information transmitted in connection with the Application is limited to the contemplated functionality of the Application. In no event may the Application be used in a manner that (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) uses technology or other means to access The Epicurean Club or Content that is not authorised by The Epicurean Club; (d) uses or launches any automated system, including without limitation, "robots," "spiders," or "offline readers," to access The Epicurean Club or Content; (e) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (f) attempts to gain unauthorised access to The Epicurean Club computer network or user accounts; (g) encourages in conduct that would constitute a criminal offense or that gives rise to civil liability; (h) violates these Terms; (i) attempts to damage, disable, overburden, or impair The Epicurean Club servers or networks; or (j) fails to comply with applicable third party terms (collectively Acceptable Use). The Epicurean Club reserves the right, in its sole discretion, to terminate any User License, terminate any User's benefits, remove Content, or assert legal action with respect to Content or use of the Application that The Epicurean Club reasonably believes is or might be in violation of these Terms, Apple Terms, or The Epicurean Club policies. The Epicurean Club failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
At The Epicurean Club's request, the User agrees to defend, indemnify, and hold harmless The Epicurean Club, its parent and other affiliated companies, and their employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees) that arise from the User's use or misuse of the Application, violation of these Terms, or violation of any rights of a third party. The Epicurean Club reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences. In the event of any third party claim that the Application or User's possession and use of the Application infringes that third party's intellectual property right, The Epicurean Club, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim.
The Epicurean Club is providing the application to the User "as is" and the User is using the Application at his or her own risk. To the fullest extent allowable under applicable law, The Epicurean Club disclaims all warranties, whether express or implied, including any warranties that the application is merchantable, reliable, accurate, fit for a particular purpose or need, non-infringing, free of defects or able to operate on an uninterrupted basis, that the use of the Application by the User is in compliance with laws applicable to the User, or that User Information transmitted in connection with the Application (including as part of mobile payment) will be successfully, accurately, or securely transmitted.
In respect of the iOS version of the Application, in the event of any failure of the Application to conform to any applicable warranty, User may notify Apple, and Apple will refund the purchase price for the Application to the User and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be The Epicurean Club sole responsibility. Additionally, Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. The Epicurean Club, not Apple, is responsible for addressing any claims of the User or any third party relating to this Application.
In respect of the Android version, please refer to the Google Play Store terms for actions in the event of any failure of the Application to conform to any applicable warranty.
To the fullest extent allowable under applicable law, in no event shall The Epicurean Club (a) be liable to the User with respect to use of the Application; or (b) be liable to the User for any indirect, special, incidental, consequential, or exemplary damages, including, without limitation, damages for loss of goodwill, lost profits, loss, theft or corruption of User Information, the inability to use the Application or Device failure or malfunction, the User's sole remedy is to cease use of the Application.
Marks, Application and Content
The Epicurean Club, Epicurean Collection, Epicurean Times and The Epicurean Times, The Epicurean Club logo, and other Epicurean Club trade marks, service marks, graphics, and logos used in connection with the Application (in each case whether registered or unregistered) are trade marks or registered trade marks of Cirrus Inns Holdings Limited and The Epicurean Club Limited (collectively Epicurean Club Marks). Other trade marks, service marks, graphics and logos used in connection with the Application are the trade marks of their respective owners (collectively Third Party Marks). The Epicurean Club Marks and Third Party Marks may not be copied, imitated, or used, in whole or in part, without the prior written permission of The Epicurean Club Limited or the applicable trademark holder. The Application and the Content are protected by copyright, trade mark, patent, trade secret, international treaties, laws, and other proprietary rights and also may have security components that protect digital information only as authorised by The Epicurean Club or the owner of the Content.
Governing Law and Jurisdiction
These Terms are governed by the laws of England and Wales. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. The User irrevocably consents to the exclusive jurisdiction of the courts of England and Wales, for purposes of any legal action arising out of or related to the use of the Application or these Terms.
Third Party Beneficiary
In respect of the iOS version of the Application, Apple and Apple's subsidiaries are third party beneficiaries of these Terms. Upon User's acceptance of these Terms Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against User as a third party beneficiary thereof.
The Epicurean Club reserves the right to change or modify these Terms or any other Epicurean Club policies related to use of the Application at any time and at its sole discretion by changing these Terms within the Application or by posting revisions on The Epicurean Club Website. Continued use of the Application following such changes or modifications to the Terms or other The Epicurean Club policies will constitute acceptance of such changes or modifications.
Contact The Epicurean Club
Any questions, complaints, or claims regarding the Application should be directed to: email@example.com