www.FnBshop.com

26 April 2024

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Terms and Conditions
Terms of Use This Terms of Use Agreement (the "Agreement") describes the terms and conditions applicable to your use of any Fourth Hospitality website which is identified by either uniform resource locator www.fourthhospitality.com or www.fnbshop.com (the "Website"). This Agreement is entered into between you as the user of the Website and Fourth Hospitality Limited ("FH"). 1. Application of and Acceptance of Terms and Conditions 1.1 For purposes of this Agreement, a "User" is any person who accesses the Website for whatever purpose, regardless of whether such User has registered with FH as a registered user or whether such User is a paying customer for a specific service provided by FH. 1.2 A User includes the person using this Website and any legal entity which may be represented by such person under actual or apparent authority. 1.3 By accessing or using the Website, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. 1.4 You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Website and any further upgrade, modification, addition or change to this Website. If you do not accept all of the terms and conditions of this Agreement, do not use this Website. 1.5 We may update these Terms and Conditions from time to time and any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the Website. The changes will apply to the use of the Website after we have given notice. If you do not wish to accept the new Terms and Conditions you must not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms and Conditions. 2. Registered Users and Security 2.1 Each User who has filled out an on-line registration form on the Website by giving its information (such as name, address, telephone and fax number, e-mail address, details of its business, etc.) is a registered user of FH (a "Registered User"). 2.2 FH will establish an account ("Account") for each Registered User and each Registered User is assigned a user alias ("User ID") and password ("Password") for log-in access to its own Account. 2.3 A Registered User must keep this password confidential and must not disclose it or share it with anyone. The Registered User will be responsible for all activities that occur or are submitted under the Password. If a Registered User knows or suspects that someone else knows the Password it must notify FH immediately. 2.4 If FH has reason to believe that there is likely to be a breach of security or misuse of the Website, FH may require a Registered User to change its password or FH may suspend an Account. 2.5 If the Registered User is a business entity, you represent that a) you have the authority to bind the entity to this Agreement; b) the address you use when registering is the principal place of business of such business entity; and c) all other information submitted to FH during the registration process is true, accurate, current and complete. 2.6 By becoming a Registered User, you consent to the inclusion of your personal data in the FH Database and authorise FH to share such information with other Users and FH's affiliates, directors, officers or employees. 2.7 FH may suspend or terminate a Registered User's Account at any time by giving not less than 24-hour notice to the Registered User; provided, however, that notice is not required for such suspension or termination if: a) in FH's determination, there is any breach of the provisions of this Agreement by the Registered User; or b) FH has reasonable grounds to suspect that such information provided by a Registered User is untrue, inaccurate or is not current or complete, or c) FH believes that the Registered User's actions may cause financial loss or legal liability to such Registered User, FH's other Users, or FH or its affiliates. 2.8 FH may refuse registration and deny the issuance of an Account and associated User ID and Password to any User for whatever reason. FH has no obligation to disclose reasons for such decision. 2.9 FH uses several techniques to verify the accuracy of the information Users provide FH when Users register on the Website. However, as user verification on the Internet is difficult, FH cannot and does not confirm each User's purported identity. 3. Availability 3.1 Although FH aim to offer the User the best service possible, FH makes no promise that the information available on the Website or services available through the Website will meet the User's requirements. FH cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to FH by e-mail at support@fourthhosptality.com and FH will attempt to correct the fault as soon as it reasonably can. 3.2 Access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. FH will attempt to restore the service as soon as it reasonably can. 3.3 FH reserves the right to limit, deny or create different access to the Website and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. 3.4 Each User acknowledges that inability to use the Website wholly or partially for whatever reason may have adverse effects on its business. 3.5 Each User hereby agrees that in no event shall FH be liable to the User or any third parties for any inability to use the Website (whether due to disruption, limited access, changes to or termination of any features on the Website or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential including loss of profit or otherwise) arising from the use of or inability to use the Website or any of its features. 4. Premium Services 4.1 Access to the Website and certain of its features are provided to certain Users free of charge provided the User complies with certain criteria. However, FH reserves the right, without prior notice, to restrict access to certain areas or features of the Website ("Premium Services") to paying Users or Users who have multi-sites or require certain functionality. 4.2 Access to and use of these Premium Services is governed by additional terms and conditions under separate agreements in addition to this Agreement. If there is any conflict between these terms and the separate agreements the terms of the separate agreements will prevail. 4.3 FH reserves the right to deny Premium Services to any User for whatever reason in order to protect FH's interests. 5. Third-Party Websites and content 5.1 Some of the FH content displayed on the Website is provided or posted by third parties ("Third Party Content"). 5.2 Through the Website, FH provides an electronic web-based platform for exchanging information between buyers and third party suppliers of products and services. FH does not represent the seller nor the buyer in specific transactions and does not charge any commissions from completing any transactions. As a result, FH does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale through such platforms or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase for such products and services. 5.3 Each User acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Website to conduct transactions, such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents ("Transaction Risks"). 5.4 Each User agrees that FH shall not be liable or responsible for any damages that may arise a result of or in connection with any Transaction Risks. 5.5 The Website contains links to other websites. FH is not responsible for the privacy practices, terms of use or the content of these other websites. Users will need to check the policy statements of these others websites to understand their policies. Users who access a linked website may be disclosing their private information. It is the responsibility of the User to keep such information private and confidential. 5.6 Any Third Party Content is the sole responsibility of the party who provided the content. FH encourage you to use the various tools available on the Website, as well as common sense, to evaluate with whom you are dealing. 5.7 FH is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance of such Third Party Content. In addition, FH is not responsible for the conduct of any User's activities on the Website, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct. 6. Privacy 6.1 Please refer to our Privacy Policy www.fourthhospitality.com/privacy which also applies to and governs a User's use of the Website. 7. Excluded Services 7.1 The services provided by the Website do not include the provision of computer or other necessary equipment to access the Website. To use the Website, a User will require Internet connectivity and appropriate telecommunication links. FH shall not be liable for any telephone or other costs that a User may incur. 8. Intellectual property 8.1 The content of the Website is protected by copyright, trade marks, database and other intellectual property rights. A User may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for its own personal, non-commercial use, provided the User keeps intact all and any copyright and proprietary notices. The User may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission from FH. 9. User's obligations and indemnity 9.1 A User may not use the Website for any of the following purposes: a) disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material b) transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice c) gaining unauthorised access to other computer systems d) interfering with any other person's use or enjoyment of the Website e) breaching any laws concerning the use of public telecommunications networks f) interfering or disrupting networks or websites connected to the Website g) making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner. 9.2 FH reserves the right to refuse to post material on the Website or to remove material already posted on the Website. 9.3 A User will indemnify FH against all losses, liabilities, costs and expenses reasonably suffered or incurred by FH, all damages awarded against FH under any judgment by a court of competent jurisdiction and all settlement sums paid by FH arising out or in connection with: a) any claim by any third party that the use of the Website by the User is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice; b) any claim by any third party that the use of the Website by the User infringes that third party's copyright or other intellectual property rights of whatever nature; c) any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Website by the User; and d) Transaction Risks or other claims pursuant to the web based platforms. 10. Limitation of Liability 10.1 Whilst every effort has been made to ensure the high quality and accuracy of the Website, FH is providing the Website on an "AS IS AS AVAILABLE" "WITH ALL FAULTS" basis to users. The User uses the Website at its own risk. FH does not give any warranties in respect of Third Party Content, software or services available through the Website. All conditions, representations and warranties (express or implied, statutory or otherwise) are excluded to the extent permitted by law including without limitation any implied warranties or conditions as to quality, fitness for purpose and reasonable skill and care. 10.2 Additionally FH makes no warranty that the Website is free from infection by viruses or anything else that has contaminating or destructive properties and disclaims liability for any losses or damage so ensuing. 10.3 The Third Party Content may contain technical inaccuracies and typographical errors. The Third Party Content may be updated from time to time and may at times be out of date. FH accepts no responsibility for keeping the Third Party Content up to date or liability for any failure to do so. 10.4 FH does not endorse or make any representation about any of the products or services of third parties found on or available through the Website. 10.5 Under no circumstances shall FH be held liable for any delay or failure or disruption of the content or services delivered through the Website resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. 10.6 Each User further agrees that FH is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. 10.7 FH shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following: a) the use or the inability to use the Website; b) any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Website; c) unauthorized access by third parties to data or private information of any User; d) statements or conduct of any User of the Website; or e) any matters relating to Premium Services however arising, including negligence. ================= Privacy Policy ================= This document sets out how we handle your data. You should read it in conjunction with our Terms of Use, of which this Privacy Policy forms part. At Fourth Hospitality Ltd ("FH"), we are committed to protecting your privacy. We recognise that your data is of a highly sensitive nature and should be kept confidential at all times. Please read on for more details on our Privacy Policy. This will explain our obligations to you and your obligations to us in relation to security and privacy issues on the Website. Please note that this Privacy Policy does not apply to the practices of companies that FH does not own or control, or to people that FH does not employ or manage. However, it does cover our treatment of any personally identifiable information that FH business partners may share with us. #Acceptance of our Privacy Policy This Privacy Policy explains the data processing practices of FH. Please do read through and understand our Privacy Policy carefully. References to 'you', 'your' and 'yours' are references to (1) the person(s) providing personal information and/or (2) the person(s) whose personal information we hold. References to 'we', 'us' and 'our' are references to FH and Fourth Hospitality Limited. By providing us with personal information, you indicate your agreement, and the agreement of the person whose personal information is being provided, to be bound by our Privacy Policy. If you do not agree our Privacy Policy as set out below, please notify us, do not use our Website and do not provide any personal information to us. #Collection and Use of your Data Data is processed by FH for the purpose of: - Business and Operational use - HR - Payroll - Research, audit and analysis - Monitoring and improving the services FH offer - Any other matter which is required for the purpose of us providing the Services on the terms of our agreement with you Personal data is also collected and stored for the purpose of managing and calculating your payroll and related tax issues. To calculate payroll we need to gather personal data such as, but not restricted to, name, address, date of birth, National Insurance number, tax code and pay history. This information allows us to manage and calculate the payroll, compile reports and submit in year and end of tax year returns to HM Revenue & Customs when requested. We undertake to design our system in such a way to minimise the use of personal data. You acknowledge that FH has the right to scan the user database when required for administrative, advice and invoicing purposes. #Disclosure of your Data We undertake not to sell, trade or rent any personally identifiable information to others. We will send your personally identifiable information to others if: - We need to share your information to provide the service or product you have requested. - We need to send the information to others who work on behalf of FH to provide a service or product to you. - We find that your actions violate the terms of our Terms of Use or any of our usage guidelines. - Our company is subject to a take-over or merger in which case the information will be disclosed to the new owners on the understanding that they will protect the information and only use the information in substantially the same way as previously and will write to you for consent where they intend to use it for any other purpose. - We must respond to court orders and any other legitimate request by authorities with which we must comply. - The information had been anonymised, pseudomised or otherwise rendered generic. #Reviewing your Data You can edit your stored data at any time by signing in to the Website and making the necessary changes. You can also request the deletion of your account, as defined in our Terns of Use www.fourthhospitality.com/termsofuse by contacting FH in writing. We undertake to correct, change or delete any inaccurate details upon receiving your reasonable written request to us to do so. If information is altered, we undertake to notify the third parties to whom the original information was communicated. We undertake to regularly delete any data that is out of date or no longer required. #Protecting your Data We undertake to adopt appropriate technical and organisational measures to protect personal data collected through or stored on our Website. We are fully committed to taking all reasonable steps to protect the security and privacy of any information or data submitted to our Website. We use the latest appropriate Internet security protocol to create a protected connection between you and our servers so that your data can be confidentially sent and retrieved. Once submitted, data is stored on servers and we endeavour to use leading technologies such as, but not limited to, data encryption, firewalls and server authentication, to protect the security of your data. Proper security procedures also provide that we may request proof of identification before we will release any data to you. We undergo periodic reviews of our security policies and procedures to ensure that the FH systems remain realistically secure and protected. Whilst we undertake to maintain the highest possible levels of security practicable to protect data it should be realised that with any data transfer and storage there is always some risk of unauthorised access. FH cannot be held liable for any breach of security. Any information or data submitted to us is done so at your own risk. Whilst we have security measures in place to protect your data, it remains your responsibility to keep your user ID and password details secret and to sign off from the Website when you are not using it. Use of IP Addresses and Cookies For security purposes FH automatically records the IP address of your computer each time you visit our Website. Cookies are small text files that we can transfer to your computer through your Web browser to enable our systems to 'remember' who you are and to provide personalised features. FH may set and access cookies on your computer. For example, a cookie would be used if you wish your computer to recall your sign in ID each time you visit our Website. You may at any time turn off cookies in your browser. #Links to third party websites Our website contains links to other websites. FH is not responsible for the privacy practices, the content or terms of use of these websites. We recommend that you examine the privacy policies and terms of use of these third party websites to understand their procedures for collecting, using, and disclosing your information. #Changes to our Privacy Policy FH reserves the right to change this Privacy Policy at anytime without prior notice. If we decide to change our Privacy Policy, we undertake to post any changes on this page so you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Therefore, you should check the Privacy Policy each and every time you access the Website. If you have any queries or would like to give us feedback please e-mail us at support@fourthhospitality.com or telephone +44 (0) 8450 556677 The Website is owned and operated by Fourth Hospitality Limited a company registered in England and Wales whose registered office is at Fourth Hospitality, 90 Long Acre, Covent Garden, London, WC2E 9RA Company Registration No. 3887115 VAT No. 764526707
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Fourth Hospitality, 90 Long Acre, Covent Garden, London, WC2E 9RA

Enquiries: +44 (0)207 534 3700

Support: +44 (0)8450 556677