Terms and Conditions

IMPORTANT LEGAL NOTICE

ATTENTION: These terms and conditions (“Conditions”) constitute a legal notice and applies to the entire contents of the Website under the domain name [insert URL of website] (the “Website”).  Please read these Conditions carefully before using the Website.  In using this Website you are deemed to have read and accepted the Conditions regardless of whether you choose to register with GBK via the Website.  If you do not accept these Conditions, do not use this Website.  These Conditions are issued by Gourmet Burger Kitchen Limited (“GBK”)

Access and use of this Website is provided by GBK. Reference in these Conditions to “you” and “your” refers to you, the person accessing this Website.

1.                   Introduction

1.1                 You may access most areas of the Website without registering your details with us.  Certain areas of the Website are only open to you if you register.

1.2                 By accessing any part of the Website, you shall be deemed to have accepted these Conditions in full. If you do not accept these Conditions in full, you must leave the Website immediately.

1.3                 GBK may revise these Conditions at any time by updating this posting. You should check the Website from time to time to review the then current Conditions, because it is binding on you. Certain provisions of these Conditions may be superseded by expressly designated legal notices or terms located on particular pages on the Website.

2.                   Privacy Statement

GBK is committed to protecting your privacy. Authorized employees within GBK shall only have access to your personal data on a need to know basis and will only use such information in accordance with our Privacy Statement.

3.                   Registration

3.1                 Each registration is for a single user only. GBK does not permit you to share your user name and password with any other person nor with multiple users on a network.

3.2                 Responsibility for the security of any passwords issued rests with you.

3.3                 You warrant that:

(a)                 The personal information which you are required to provide when you register as a GBK Gang member (the “Personal Information”) is true, accurate, current and complete in all respects; and

(b)                 You will notify us immediately of any changes to the Personal Information by contacting our us at thegang@gbk.co.uk.

3.4                 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

4.                   Our rights

GBK reserves the right to modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you and you confirm that GBK shall not be liable to you or any third party for any modification to or withdrawal of the Website.

5.                   Service Access

5.1                 While GBK endeavours to ensure that the Website is normally available 24 hours a day, GBK shall not be liable if for any reason the Website is unavailable at any time or for any period.

5.2                 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond GBK’s control.

6.                   Visitor Material and Conduct

6.1                 Other than personal data, which is covered under our Privacy Statement, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. GBK shall have no obligations with respect to such material. GBK and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. 

6.2                 You are prohibited from posting or transmitting to or from the Website any material:

(a)                 that is threatening, defamatory, obscene, indecent, seditious, 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

(b)                 for which you have not obtained all necessary licences and/or approvals; or

(c)                 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

(d)                 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).

6.3                 You may not misuse the Website (including, without limitation, by hacking). 

6.4                 GBK shall fully co-operate with any law enforcement authorities or court order requesting or directing GBK to disclose the identity or locate anyone posting any material in breach of clause 6.2 or clause 6.3.

7.                   Availability

Unless otherwise stated, the services featured on this Website are only available within the United Kingdom, or in relation to postings from the United Kingdom. All advertising is intended solely for the United Kingdom market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this Website. Redistribution or republication of any part of this Website or its content is prohibited, including by framing or other similar or any other means, without the express written consent of GBK or as set out in these Conditions. GBK does not warrant that the service from this Website will be uninterrupted, timely or error free.

8.                   Links to the Website

You may not create a link to any page of this Website without GBK’s written consent.

9.                   Links from the Website

Links to third party websites on the Website are provided solely for convenience.  If you use these links, you leave the Website.  GBK does not monitor or review the content of any third party websites which are linked to or from this Website and does not control and is not responsible for these websites or their content or availability. Opinions expressed or material appearing on such third party websites are not necessarily shared or endorsed by GBK and GBK should not be regarded as the publisher of such opinions or material. Please be aware that GBK is not responsible for the privacy practices of these third party websites.  GBK encourages you to be aware when using these third party websites and to read their respective privacy statements. Access to any third party websites from the Website is entirely at your own risk.  You should evaluate the security and trustworthiness of any third party website linked from this Website or accessed through this Website. GBK does not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information or for your use of any third party website.

10.               Intellectual Property

10.1              You are permitted to print and download extracts from the Website for your own personal non-business use on the following basis:

(a)                 no documents or related graphics on the Website are modified in any way;

(b)                 no graphics on the Website are used separately from the corresponding text; and

(c)                 GBK’s (or its licensors’) copyright and trade mark notices and this permission notice appear on all copies. 

10.2              You acknowledge and agree that all copyright, trade marks and any other intellectual property rights in all material or content on the Website (including, without limitation, any graphical images) are owned by and shall remain at all times vested in GBK or its licensors. You are permitted to use this material only as expressly authorised by GBK or its licensors as set out in these Conditions. Any other use of the material and content of this Website is strictly prohibited. Subject to these Conditions, you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce or store (in any public or private electronic retrieval system or service), transmit, publish, display, distribute, commercially exploit or create derivative works of the material and content of the Website.

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

10.4              You acknowledge that GBK’s logo and brand name are registered trademarks of GBK in the United Kingdom and other countries.

10.5              Any rights not expressly granted in these terms are hereby reserved. 

11.               Disclaimer

11.1              While GBK endeavours to ensure that the information on the Website is correct, GBK does not warrant the accuracy and completeness of the material on the Website. GBK may make changes to the material on the Website at any time without notice. The material on the Website may be out of date, and GBK makes no commitment to update such material.

11.2              The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind.  Accordingly, to the maximum extent permitted by law, GBK provides you with the Website on the basis that GBK excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Website. 

12.               Exclusions and Limitations

12.1              GBK, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of GBK’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 tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website 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 Website or your downloading of any material from the Website or any websites linked to the Website.

12.2              Nothing in these Conditions exclude GBK’s liability for:

(a)                 death or personal injury caused by its negligence; or

(b)                 misrepresentation as to a fundamental matter; or

(c)                 any liability which cannot be excluded or limited under applicable law.

13.               Waiver

Failure of either Party to insist upon strict performance of any provision of these Conditions or the failure of either Party to exercise any right or remedy to which it is entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under these Conditions. No waiver of any of the provisions of these Conditions shall be effective unless it is expressly stated to be such and signed by the party giving the waiver.

14.               Survival

Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

15.               Entire Agreement

You acknowledge that in accepting these Conditions, you have not relied on any representation save insofar as such representations have expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these Conditions.

16.               Law

These Conditions shall be governed by and construed in accordance with English law and any disputes arising in connection with these Conditions shall be subject to the exclusive jurisdiction of the English courts.

17.               Contact

The registered company address of Gourmet Burger Kitchen Limited is Suite D, 2nd Floor, 1 Lindsey Street, London, EC1A 9HP, United Kingdom.

18.              Voucher terms and conditions

Buy 1 burger get 2nd one for £1 - eat in or takeaway. Sunday to Thursday November 29th until December 10th 2009. Excludes "build your own" and laverstoke park farm, christmas menu & salads, valid in uk only (excludes clink st. and bleater, cannot be used in conjunction with any other offer, 1 voucher per 2 diners, please present this voucher when paying. £1 is the cheapest. Excludes Junior Menu and smaller burgers. 

© Gourmet Burger Kitchen Limited 2009 All Rights Reserved