Smart Waiter Service – Terms & Conditions

PART A: Terms of Use

1. Introduction

This page (together with any documents referenced herein) tells you the terms of use on which you may make use of our Smart Waiter Service (the “SW Service“), whether as a guest or a registered user. Please read these terms of use carefully before you start to use our SW Service. The Terms of Use, together with the Terms of Purchase (see Part B) and Privacy Policy (see Part C) form the entire agreement between you and LW Theatres with respect to your use of the SW Service. If you do not agree with these terms, you may not use the SW Service. The use of the SW Service constitutes your agreement with these terms.

2. Information about Us

This SW Service is operated by LW Theatres Group Limited (“we“, “us“, “our” or “LW Theatres “). We are registered in England and Wales under company number 03987955 and we have our registered office at 65 Drury Lane, London WC2B 5SP. Our VAT number is 238 6896 08.

3. Accessing Our SW Service

Access to our SW Service is permitted on a temporary basis, and we reserve the right to withdraw or amend the SW Service and the services we provide on or through our SW Service without notice.

From time to time, we may restrict access to some parts of our SW Service, or our entire SW Service, to users who have registered with us.

If you choose to register, or are provided with, a user identification, password and/or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

When using our SW Service, you must comply with these terms of use and our Terms of Purchase and Privacy Policy (see Parts B and C, respectively).

You are responsible for making all arrangements necessary for you to have access to our SW Service. You are also responsible for ensuring that all persons who access our SW Service through your device are aware of these terms of use, and that they comply with them.

4. Prohibited Uses

You may use our SW Service only for lawful purposes. You may not use our SW Service:

• 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 purpose or effect;
• for the purpose of harming or attempting to harm minors in any way;
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with our policies;
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
• to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

• not to reproduce, duplicate, copy or re-sell any part of our SW Service;
• not to reverse engineer, data mine, extract or commercially exploit any part of our SW Service; and
• not to access without authority, interfere with, damage or disrupt:
• any part of our SW Service;
• any equipment or network on which our SW Service is stored;
• any software used in the provision of our SW Service; or
• any equipment or network or software owned or used by any third party.

5. Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights contained within our SW Service including, without limitation, all content, site design, logos, button icons, images, data compilations, text and graphics. Those works are protected by copyright, trademark and other intellectual property laws and treaties around the world. All such rights are reserved.

Our status as the authors of material on our SW Service must always be acknowledged.

You agree not to use any part of the materials on our SW Service for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our SW Service in breach of these terms of use, your right to use our SW Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

6. Suspension and Termination

We will determine, in our discretion, whether there has been a breach of our terms of use, through your use of our SW Service. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with our terms of use shall constitute a material breach, and may result in our taking all or any of the following actions:

• immediate, temporary or permanent withdrawal of your right to use our SW Service;
• issue of a warning to you;
• legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• further legal action against you; and/or
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of our terms of use. The responses described in our terms of use are not limited, and we may take any other action we reasonably deem appropriate.

7. No Warranty

You expressly acknowledge and agree that use of the SW Service is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by SW applicable law, the SW Service and any services performed or provided by the SW Service are provided “as is” and “as available”, with all faults and without warranty of any kind, and LW Theatres hereby disclaims all warranties and conditions with respect to the SW Service and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. LW Theatres does not warrant against interference with your enjoyment of the SW Service that the functions contained in, or services performed or provided by, the SW Service will meet your requirements, that the operation of the SW Service or services will be uninterrupted or error-free, or that defects in the SW Service or services will be corrected. No oral or written information or advice given by us or our authorised representative(s) shall create a warranty.

8. Our Liability

To the extent permitted by law the liability of us, other members of our group of companies and third parties connected to us, hereby expressly excludes:

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

Any liability for any direct, indirect, punitive or consequential loss or damage incurred by any user in connection with our SW Service or in connection with the use, inability to use, or results of the use of our SW Service, any websites or applications linked to it and any materials posted on it, including:

• Loss of income or revenue;
• Loss of business;
• Loss of profits or contracts;
• Loss of anticipated savings;
• Loss of data;
• Loss of goodwill;
• Wasted management or office time; and

Whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty pounds sterling (£50.00). The foregoing limitations will SW apply even if the above stated remedy fails of its essential purpose.

9. Information About You and Your Use of Our SW Service

We process information about you in accordance with our Privacy Policy (see below). By using our SW Service, you consent to such processing and you warrant that all data provided by you is accurate.

10. Transactions Concluded Through Our SW Service

Contracts for the supply of goods formed through our SW Service or as a result of visits made by you are governed by our Terms of Purchase (see Part B).

11. Links From Our SW Service

Where our SW Service contains links to other sites or resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

12. Viruses, Hacking and Other Offences

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

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our SW Service will cease immediately.

We 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 SW Service or to your downloading of any material posted on it, or on any website linked to it.

13. Jurisdiction and Applicable Law

The English courts will have the exclusive jurisdiction over any claim arising from, or related to, any use of our SW Service although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use 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.

14. Variations

We aim to update our terms of use and other parts of our SW Service regularly, and may change the content at any time without notice. If the need arises, we may suspend access to our SW Service, or close it indefinitely. Any of the material on our SW Service may be out of date at any given time, and we are under no obligation to update such material.

15. Your Concerns

If you have any concerns about our SW Service, please contact our customer relations team at customer.relations@lwtheatres.co.uk.