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Terms & Conditions of Website Use

These terms of website use (the "Terms of Use"), which incorporate and include the Privacy Policy, apply to the entire contents of this website under the domain www.thefatduck.co.uk (the "Website") and to any correspondence by email between you and the Company. Please read the Terms of Use and the Privacy Policy carefully before using the Website. By using the Website, or by asking someone else to use the Website on your behalf (for example to order goods or services or to make a reservation via the Website on your behalf) you indicate that you accept the Terms of Use (including the Privacy Policy) and that you agree to abide by them. If you do not agree to the Terms of Use (including the Privacy Policy), please refrain from using the Website immediately. The Privacy Policy also sets out other ways in which you will accept the Terms and Conditions set out in the Privacy Policy.

1. INFORMATION ABOUT US

The Website is operated by The Fat Duck Limited (the "Company), registered in England and Wales under company number 03677212 and with its registered office at Unit B, Tectonic Place, Holyport Road, Maidenhead, Berkshire, United Kingdom, SL6 2YE.

2. ACCESSING THE WEBSITE

2.1 Access to the Website is permitted on a temporary basis, and the Company reserves the right to withdraw or amend the, or any, service(s) provided on the Website without notice at any time. The Company will not be liable if for any reason the Website is unavailable at any time or for any period.

2.2 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.

2.3 You may only use our Website for lawful purposes.

3. INTELLECTUAL PROPERTY RIGHTS AND LICENCE

3.1 You are permitted to print and download copies and extracts from the Website for your own personal non-commercial use provided that:

3.1.1 no material either printed or downloaded from the Website is modified in any way;

3.1.2 no illustrations, photographs, or any graphics on the Website are used separately from any accompanying text;

3.1.3 the Company's status (and that of any identified contributors) as the authors of material on the Website is acknowledged and that this permission notice appears on all copies made.

3.2 Unless otherwise stated, the copyright and all other intellectual property rights in the material published on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. These works are protected by copyright laws and treaties around the world.

3.3 Subject to clause 3.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.

3.4 Any other use of extracts or copies from the Website other than in accordance with clause 3.1 above for any purpose is prohibited.

3.5 If you breach any of these terms, your permission to use the Website automatically terminates and you must immediately destroy any downloaded extracts or printed copies or extracts you have made from the Website.

3.6 Any rights not expressly granted in these terms are reserved.

4. LIABILITY

4.1 Subject to any specific terms to the contrary (or which are inconsistent with the following provision) on or in any specific section(s) of the Website (for example on or in any section(s) of the Website offering any product(s) or service(s) for sale, or any contractual or other Terms and Conditions relating to any such product(s) or service(s)), the content on the Website is provided on an "as is" basis and is subject to change at any time at the Company's sole discretion. If the need arises, the Company may suspend access to the Website, or close it indefinitely. The Company does not make any warranty, representation or guarantee as to the availability of the Website.

4.2 The content on the website is not intended to amount to advice on which reliance should be placed. The Company therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website or by anyone who may be informed of any of its contents.

4.3 Subject to any specific terms to the contrary (or which are inconsistent with the following provision) on or in any specific section(s) of the Website (for example on or in any section(s) of the Website offering any product(s) or service(s) for sale, or any contractual or other Terms and Conditions relating to any such product(s) or service(s)): (i) the content on the Website is provided without any guarantees, conditions or warranties as to its accuracy; and (ii) any of the material on the Website may be out of date at any given time, and the Company is under no obligation to update such material.

4.4 Subject to any specific terms to the contrary (or which are inconsistent with the following provision) on or in any specific section(s) of the Website (for example on or in any section(s) of the Website offering any product(s) or service(s) for sale, or any contractual or other Terms and Conditions relating to any such product(s) or service(s)), to the extent permitted by law the Company, other members of its group of companies and third parties connected to the Company hereby expressly exclude:

4.4.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

4.4.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:

a) loss of income or revenue;

b) loss of business;

c) loss of profits or contracts;

d) loss of anticipated savings;

e) loss of data;

f) loss of goodwill;

g) wasted management or office time; and

h) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise , even if foreseeable;

but this does not affect the Company's liability for death or personal injury arising from the Company's negligence, nor the Company's liability for fraudulent misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

5. PRIVACY

5.1 The Company collects and may receive and stores and processes and may use and disclose information about you in accordance with its Privacy Policy and this includes information the Company receives from, or must provide to, any payment intermediary you use in relation to any transaction you enter into or try to enter into with the Company. Please read the Privacy Policy carefully.

5.2 By using the Website, and/or in the other ways set out in the Privacy Policy, you consent to such collection and receipt, storage and processing, and use and disclosure, and you warrant that all data provided by you is accurate.

5.3 The Company is committed to protecting your privacy and observing its obligations under the Data Protection Act 1998.

5.4 By making an enquiry of the Company via email, or by sending an email to the Company, or by entering into a transaction with the Company via the Website, or by accessing and/or using the Website, or by entering into or trying to enter into any transaction with the Company where you use a payment intermediary (which may include Stripe Payments Europe Limited), you may provide personal information, such as your name and email address or other personal information, to third parties who are not subject to our Privacy Policy, and which may be disclosed by them, without your consent, to authorised service providers, or others (such as law enforcement agencies) if it is in the public interest , or they are legally obliged, to do so However, by accessing and/or using the Website, and/or in the other ways set out in the Privacy Policy, you consent to the Company using your personal information for the Company’s marketing purposes.

5.5 Subject to the provisions of the Privacy Policy, the Company will take all reasonable measures to collect, process, record and store your personal information timely, accurately and securely.

5.6 The Company currently does not use technology to track the behavioural patterns of visitors to this website. The Company may decide that to serve you better it will in the future. This can include using a "cookie" which would be stored on your browser. You can usually modify your browser to prevent this happening. Information collected in this way can be used to identify you unless you modify your browser settings.

5.7 In the event of any inconsistency between the Terms of Use and the Privacy Policy, the terms of the Privacy Policy will prevail.

6. VIRUSES, HACKING AND OTHER OFFENCES

6.1 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which our site is stored or any server, computer or database connected to our site. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.

6.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. The Company 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 the Website will cease immediately.

6.3 Subject to any specific terms to the contrary (or which are inconsistent with the following provision) on or in any specific section(s) of the Website (for example on or in any section(s) of the Website offering any product(s) or service(s) for sale, or any contractual or other Terms and Conditions relating to any such product(s) or service(s)), the Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

7. LINKING TO THE WEBSITE

7.1 If you would like to link to the Website, you may do so subject to the following conditions:

7.1.1 You link only to the home page of the Website and do so in a manner that is fair and legal and which does not replicate the Website in any way;

7.1.2 You do not remove, distort or otherwise alter the size or appearance of The Fat Duck logo or any other content on the Website;

7.1.3 You do not create a frame or any other browser or border environment around the Website;

7.1.4 You do not in any way imply that the Company is endorsing any products or services other than its own;

7.1.5 You do not misrepresent your relationship with the Company nor present any other false information about the Company;

7.1.6 You do not otherwise use any trade marks displayed on this website without express written permission from the Company;

7.1.7 You do not link from a website that is not owned by you; and

7.1.8 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.

7.1.9 You represent and warrant that your website or the server that hosts your website is free from viruses or other forms of harmful computer code and that you have taken all reasonable steps to ensure that this is the case.

7.2 The Company expressly reserves the right to revoke the linking permission granted in clause 7.1 without notice and to take any action it deems appropriate.

7.3 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of this clause 7.

8. LINKING FROM THE WEBSITE

8.1 Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. The Company has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

8.2 The Company expressly reserves the right to revoke the right granted in paragraph 3.1 for breach of these terms and to take any action it deems appropriate.

8.3 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 3.1.

9. JURISDICTION AND APPLICABLE LAW

9.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Website although the Company retains the right to bring proceedings against you for breach of these Terms of Use (including and incorporating the Privacy Policy) in your country of residence or any other relevant country.

9.2 These Terms of Use (including and incorporating the Privacy Policy) and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

10. TRADE MARKS

“Heston Blumenthal", "The Fat Duck", "The Perfectionists' Cafe" and "Dinner by Heston Blumenthal" are UK registered trademarks owned by Heston Blumenthal, The Fat Duck group of companies and the Lowenthal group of companies.

11. VARIATIONS

11.1 The Company may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the Company makes, as your continued use of the Website will constitute deemed acceptance of any updated or amended terms. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on the Website.

11.2 The Company may revise the Privacy Policy at any time by amending the relevant page on the Website in accordance with the section headed “Changes to our Privacy Policy” on that page. You are expected to check this page from time to time to take notice of any changes the Company makes, as your continued use of the Website will constitute deemed acceptance of any updated or amended terms of the Privacy Policy.

12. SEVERANCE

If any court or competent authority finds that any provision of this agreement, including the Privacy Policy, (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this agreement shall not be affected.

If any invalid, unenforceable or illegal provision of this agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

13. FORCE MAJUERE

The Company shall not be in breach of this agreement or of the Privacy Policy, nor liable for delay in performing, or failure to perform, any of its obligations under this agreement or the Privacy Policy, if such delay or failure result from events, circumstances or causes beyond its reasonable control, and in such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.


14. YOUR CONCERNS

If you have any concerns about material which appears on our site, please contact: webmaster@thefatduck.co.uk

Thank you for visiting the Website.

© The Fat Duck Limited 2015

The Fat Duck Limited Privacy Policy

The Fat Duck Limited ("we") is committed to protecting and respecting your privacy.

This privacy policy, together with our website (thefatduck.co.uk) (“our site”) Terms and Conditions (which include the terms of use of our site, this privacy policy and any other documents referred to on our site or in our site Terms and Conditions) sets out the basis on which any personal data and/or personal information we collect from you, or that you provide to us, or that we receive from other sources, will be processed, stored, disclosed or disseminated by us. Please read the following carefully to understand our views and practices regarding your personal data and your personal information and how we will treat it.

By:

- visiting www.thefatduck.co.uk;

- you or someone else on your behalf ordering or paying for any goods or services you order (or someone else on your behalf orders) and/or purchase from us where you or someone else pays us in cash or otherwise than in cash;

- paying for any goods or services you purchase from us where you pay us or we are paid through or via a third party payment intermediary or gateway (which might include Stripe Payments Europe Limited (“Stripe”)), such as a third party who provides purchasers of goods or services with a web-based or on-line platform or portal or service through, via or by using which purchasers can make payments including, for example, in such a way as to preserve the confidentiality of the purchaser’s financial and credit or debit card information (we will refer to such a third party as a “payment intermediary”);

- paying for any goods or services you purchase from us where in paying us you or someone else uses or involves a payment intermediary;

- entering into a transaction with us where a payment intermediary is involved; or by

- you or someone else on your behalf making a reservation relating to our restaurant at The Fat Duck, High Street, Bray SL6 2AQ, United Kingdom (the “Premises”).

you are accepting and consenting to the practices described in this policy.

For the purpose of the Data Protection Act 1998 (the Act), the data controller is The Fat Duck Limited (company number 03677212), whose Registered Office address is at Unit B, Tectonic Place, Holyport Road, Maidenhead, Berkshire, United Kingdom, SL6 2YE. Information we may collect from you

We may collect, process, store, disclose and disseminate the following data about you, and you consent to us doing so:

Information you give us. You may give us information about you by filling in forms on our site (www.thefatduck.co.uk) or by corresponding or interacting with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, subscribe to our service or to receive information, place an order or make a purchase on our site, or by phone or otherwise, participate in social media functions on our site, enter a competition(s), promotion(s), ballot(s) or survey(s), and when you report a problem with our site. This also includes information you provide when payment is made, or an order is placed, or a contract or a reservation is made or cancelled, or in connection with payment or an order or a contract or reservation, for any goods or services ordered or purchased from us or reservation(s) made with us, including when we are paid in cash or otherwise than in cash, and/or through, via, by using or by involving a payment intermediary (which might include Stripe). This also includes information you provide where, in respect of any transaction you enter into with us, a payment intermediary is involved. The information you give us and/or a payment intermediary (which might include Stripe) may include your name, address, e-mail address and phone number, financial and credit or debit card information, personal description, details of goods or services you have ordered or purchased or of a reservation(s) you have made with us and your photograph.

Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information:

technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;

information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.

Information we receive from other sources. We may receive information about you if you use any other website(s) we operate or any other service(s) we provide or if third parties order, purchase or cancel goods or services from us, or make or cancel reservations, on your behalf. We are also working closely with third parties and may do so in future with different or additional third parties (these include or might include, for example, one or more payment intermediary, which might include Stripe, and/or business partners who might include one or more payment intermediary) and we may receive information about you from them. The information we receive from other sources may include your name, address, e-mail address and phone number, financial and credit or debit card information, personal description, details of goods or services you have ordered or purchased or of a reservation(s) you have made with us, and photograph.

Cookies

Our website may use cookies to distinguish you from other users of our website. The websites of our partners to which you link from or to our website, do or may use cookies to distinguish you from other users of our website or those websites. Use of cookies helps provide you with a good experience when you browse our website or the websites of our partners and also allows us and our partners to improve our sites.


Uses made of the information

We use information held about you in the following ways, and you consent to us doing so:

Information you give to us. We will, or may, use this information:

to carry out our obligations arising from any contracts or reservations entered into between you and us and to provide you with the information, products and services that you request from us;

to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services we provide similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer we will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way please do not tick the relevant boxes situated on the form on which we collect your data;

to provide you with information about goods or services we provide we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services we provide similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer we will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way please do not tick the relevant boxes situated on the form on which we collect your data ;

to notify you about changes to our service;

to ensure that content from our site is presented in the most effective manner for you and for your computer.

Information we collect about you. We will use this information:

to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

to improve our site to ensure that content is presented in the most effective manner for you and for your computer;

to allow you to participate in interactive features of our service, when you choose to do so;

as part of our efforts to keep our site safe and secure;

to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;

to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them;

to enter you into any competition, promotion, ballot or survey.

Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. Depending on the types of information we receive, we may use this information and the combined information for the purposes set out above.

Disclosure of your information

Except for any of your financial and/or credit or debit card information, we may share your personal information (including information you give to us, information we collect about you and information about you we receive from other sources) with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006, and you consent to us doing so.

We may share your personal information (including information you give to us, information we collect about you and information about you we receive from other sources, and which may include if necessary, your financial and/or credit or debit card information), and you consent to us doing so, with selected third parties including:

If necessary, business partners, suppliers and sub-contractors for the performance of any contract we enter into with them.

If necessary, business partners, suppliers and sub-contractors for the performance of any contract or reservation we enter into with you.

If necessary, any payment intermediary (which might include Stripe) involved in relation to:

any transaction you enter into or any order you place with us;

any reservation you make; or

any purchase you make from us or any refund or payment you are due from or entitled to from us;

for the performance of any contract we enter into with them or you. For example, we might be obliged by a payment intermediary to share your personal information (and which may include if necessary, your financial and/or credit or debit card information) with that payment intermediary in respect of a transaction you enter into, or an order you place, with us or in respect of a purchase you make from, or a reservation you make with, us where that payment intermediary is involved.

Any other party or person we are required to share your personal information with by any payment intermediary involved in relation to any transaction you enter into, or in relation to any order you place, with us or in relation to any purchase you make from, or reservation you make with, us for the performance of any contract we enter into with any payment intermediary or you. For example, we might be obliged by a payment intermediary to share your personal information with that payment intermediary’s bank in respect of a transaction you enter into, or an order you place, with us or in respect of a purchase you make from us where that payment intermediary is involved.

Analytics and search engine providers that assist us in the improvement and optimisation of our site, but we will not, for these purposes, provide analytics or search engine providers with any financial and/or credit or debit card information you have given to us.

We may disclose your personal information (including information you give to us, information we collect about you and information about you we receive from other sources) to third parties, and you consent to us doing so:

In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets, but we will not, for these purposes, provide such prospective buyers or sellers with any financial and/or credit or debit card information you have given to us;

If The Fat Duck Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;

If we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation, or in order to enforce or apply our site Terms and Conditions of use and other agreements; or to protect the rights, property, or safety of The Fat Duck Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Where we store your personal data

The data and information that you give to us, we collect about you and we receive from other sources may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers, for one of our business partners or for one or more payment intermediary (which might include Stripe) or for business partners of, suppliers to and sub-contractors of one or more payment intermediary (which might include Stripe). Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment or of a refund, the processing of your payment details and/or the provision of support services. By submitting your personal data to us and/or to one or more payment intermediary (which might include Stripe), you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Your rights

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at Unit B, Tectonic Place, Holyport Road, Maidenhead, Berkshire, United Kingdom SL6 2YE.

Our site may, from time to time, contain links to and from the websites of our partner networks (which might that of include Stripe and/or another payment intermediary(s)), advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Access to information

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to The Fat Duck Limited, Unit B, Tectonic Place, Holyport Road, Maidenhead, Berkshire, United Kingdom SL6 2YE.