HARDEN’S
This website is run by Harden’s Limited, a company registered in England and Wales under company number 3930364; and with registered address at c/o Sherrards Solicitors LLP, 1-3 Pemberton Row, London EC4A 3BG.
Harden’s is a registered trademark.
References in these terms and conditions to “Us” or “We” refer to Harden’s Limited.
USE OF OUR SERVICES & PRODUCTS
These terms and conditions are general to all of our services and products which make use or reference to our website, app, broadcast email and other channels (“Harden’s Channels”).
These terms and conditions apply to diner uses and subscribers of Harden’s Channels. Restaurants using Harden’s Channels for promotion to Harden’s users and members of Harden’s Club are subject to the terms and conditions separately agreed for the provision of the relevant service.
PRIVACY POLICY
Any data you share with us by using any Harden’s Channel including this website and our apps is subject to our Privacy Policy.
MEMBERSHIP, WEBSITE ACCOUNTS AND HARDEN’S CLUB
Anyone who creates a user account on hardens.com or via our apps is deemed a member of Harden’s Club (also described as “a member of Harden’s”).
Basic Harden’s membership is free (also described as “Harden’s Free”), but different tiers of membership may be created from time to time with a fee or annual rolling subscription (for example, “Harden’s Platinum”).
If fees or a subscription apply to your membership, this will be made clear to you before you enter any payment details.
You must be over 18 to become a Harden’s member.
COMPETITION & SURVEY PRIZE(S)
Entrants in any Harden’s poll, survey or competition must be over 18.
The editors reserve the right to exclude reviews which in their judgement have not been made in good faith.
A winner will be chosen at random once the survey or competition has closed and will be notified by email.
One entry per person. Bulk, automatically generated or third party entries are void.
The winner will be selected at random from all valid entries for this competition received before the Closing Date.
The winner will be notified by email or using the other contact details provided by the winner within 90 days after the Closing Date.
All reasonable endeavours will be made to contact the winner during the specified time. If the winner cannot be contacted or is not available, the Promoter reserves the right to re-draw another winner from the valid/correct entries that were received before the Closing Date.
Competitions close at 23:59 on the date submissions cease to be accepted. But deadlines and time limits may be extended solely at the discretion of Harden’s Limited.
Entries received after the Closing Date as determined by Harden’s Limited will not be counted.
Prizes are non-transferable and there are no cash alternatives to the prize(s) in whole or in part.
Prizes are subject to availability. If they become unavailable for any reason, Harden’s will use its best efforts to provide a similar prize, but provision of this prize will be at the sole discretion of Harden’s Limited.
PARTICIPANTS IN ANNUAL NATIONAL DINERS SURVEY: ELIGIBILITY FOR FREE APPS & GUIDES
All participants for the survey will qualify for a free year’s subscription to the Harden’s app on completion of reviews of five (5) restaurants.
The provision of the free App is dependent on Apple and Google approving the Harden’s app in a state where it is easily possible to distribute subscriptions to survey participants.
App access will be revoked if, in sole the judgement of the editor, submissions are not a meaningful or sincere contribution to the survey.
On completion of reviews of ten (10) or more restaurants, participants will also qualify for a free copy of the updated version of Harden’s Best UK Restaurants Guide.
The provision of a free guide is dependent on Harden’s having printed sufficient stock of the relevant publication to meet the demand for this incentive. Whether or not to print stock, and the amount of stock printed shall be at Harden’s sole discretion, and if the business should, for whatever reason, not print sufficient stock, there will be no liability on Harden’s to provide compensation or another incentive.
SURVEY FEEDBACK, DIARY REVIEWS, AND COMMENTS
Should you generate material for our website (user-generated content), you will be deemed to have granted us unlimited copyright to use this material on our website and in any other of our existing and future publications both online and in hard copy. Whether such submitted content is or is not published shall be at the sole discretion of Harden’s Ltd. All those who take part in each survey will be deemed to have accepted those terms, which are incorporated by reference here.
HARDEN’S CLUB: SUBSCRIPTIONS
Paid-for subscriptions to Harden’s will auto-renew until you cancel your membership, provided that corporate gift memberships of Harden’s will not auto-renew, but will require renewal by the giver of the corporate gift membership.
If you do not pay your monthly or annual subscription when it falls due, then at the end of the paid-for period your category of Harden’s membership will revert to that of a free membership of Harden’s with the associated benefits of free membership only.
Membership of Harden’s is non-transferrable and Benefits can only be obtained by the named Harden’s member in person.
We reserve the right to suspend any membership if you have breached any provision of these Terms and Conditions, in particular in relation to attempting to transfer or share your membership with anyone else.
HARDEN’S CLUB: CANCELLATION OF MEMBERSHIP
You can cancel your paid-for membership of Harden’s at any time, and at the end of the period for which you have paid, your category of Harden’s membership will revert to that of a free membership of Harden’s with the associated benefits of free membership only.
If you wish to cancel your free membership of Harden’s and to have all your data removed from the Harden’s website then please email mail@hardens.com.
HARDEN’S CLUB: MEMBERSHIP BENEFITS
To access Benefits through Harden’s membership, you must follow the guidelines published by Harden’s.
Any Benefit derived from membership of Harden’s Club cannot be used in conjunction with any other offer, and only one Harden’s offer can be used per booking.
Harden’s will try to ensure that its pages accurately reflect Benefits that Restaurant Partners and other Partners have agreed to make available to Harden’s Club members.
Restaurant Partners and other Partners have the right to vary or terminate Benefits without notice to Club members.
The ultimate responsibility for honouring Benefits shall reside with the appropriate Restaurant Partner and other Partner, and Harden’s can accept no responsibility if a Restaurant Partner or other Partner should refuse for whatever reason to honour a Benefit that has been publicised via Harden’s Club.
HARDEN’S BOOKING PARTNERS
As well as running its own booking service, hardens.com uses a number of third party booking services, and bookings of restaurants using services from those services will be governed by the terms and conditions of those respective sites.
HARDEN’S BOOKING SERVICE
Harden’s Restaurant Booking Services (‘HBS’) is operated within Harden’s Channels and HBS also powers bookings operated by other sites, including those operated by restaurants we review.
These Terms and Conditions (‘Terms’) will govern your use of HBS being provided to you by Harden’s and other sites using the Harden’s Booking System on behalf of Harden’s participating restaurants (‘Restaurants’) via the websites of the Restaurants with whom you are making a reservation.
Harden’s may modify the Terms of this agreement at any time without notice. Continued use of HBS after a change in the Terms, or after the implementation of any new policy constitutes acceptance of such change or policy.
By using HBS you are deemed to have accepted these Terms.
Making a reservation
Using HBS to make a reservation constitutes a direct contract between you and the Restaurant and to which Harden’s is NOT a party. Making a booking is an offer to the Restaurant to accept your booking and is not a legally binding contract until you receive confirmation by email that your booking has been accepted.
Confirmation of Reservation
Your booking will be complete when you receive an email confirmation giving confirmation of the number of diners, day, time and agreed discount. The agreed discount shown on your confirmation will be the discount prevailing at the time of reservation.
Cancelation of Reservation
Bookings can be cancelled by using your confirmation number and the link on the confirmatory email or by telephoning the restaurant directly.
Attendance
Ensure you arrive in good time and bring a copy of your email booking confirmation showing the level of discount agreed.
Late attendance may result in the agreed discount being disallowed or your reservation being cancelled. Failure to turn up may result in you being charged a ‘no show’ penalty. Action taken is totally at the discretion of the restaurant.
Disputes
All details and descriptions have been supplied by the participating restaurants and are believed to be correct at the time of going to print. Harden’s cannot accept any responsibility for any discrepancies, inaccuracies or misconceptions given or construed. Your contract is direct with the Restaurant and any queries or concerns that you may have in connection with your booking should, in the first instance, be addressed directly to the Restaurant. Harden’s is happy to investigate any unresolved problems. However, it cannot be held responsible for the actions of the restaurant.
Personal Information
To use HBS, you are required to register certain information, including your name, email address.
Your registration details and any personal information supplied by you to us will be used by us in accordance with these terms and, where applicable, the terms of any privacy policy provided by the Restaurant.
You will receive emails and/or text messages related to the confirmation of your reservation and your use of HBS and we may use your personal information for that purpose.
Availability of the service
Your access to the Facility is permitted on a temporary basis and we reserve the right to withdraw or amend the service without notice. We therefore exclude any liability to you for any interruption or lack of availability of the service to the extent that we can legally do so. You are solely responsible for making all technical and other arrangements necessary for access to the service. You are also responsible for ensuring that all persons accessing the service through your internet connection and account details are aware of these user terms.
INTELLECTUAL PROPERTY
The materials and services provided for and depicted on the Harden’s Channels are protected by copyright, trademark, patent and other intellectual property laws. All text, graphics, video, data or other content on the Harden’s Channels (‘Harden’s Content’) is provided to you by Harden’s for the sole purpose of using the system. You shall not copy, display, modify, create derivative works of, publish, or sell the Harden’s Content or any information, software, or services provided by Harden’s hereunder. The Harden’s Content may be modified from time to time by Harden’s in its sole discretion. Except as expressly set forth herein, no license is granted to you for any purpose, and any other use of the facility or the Harden’s Content by you shall constitute a material breach of these Terms. Nothing in these terms shall affect any rights of Harden’s or its licensors in the Facility of Harden’s Content, and any associated patents, Trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights. No licence, right or interest in any trademarks of Harden’s or any third party is granted under these Terms. Nothing in these terms shall affect any rights of Harden’s or its licensors in the Facility of Harden’s content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights. No license, right or interest in any trade marks of Harden’s or any third party is granted under these terms.
SECURITY
We maintain the highest standards of security, however the transmission of information via the internet is not completely secure. So, whilst we will do our best to protect your personal information we cannot ensure the security of your data transmitted to our Facility. Any transmission is at your own risk. Once we have received your personal information we will use strict procedures and security features to prevent unauthorised access.
OUR LIABILITY
Nothing in these user terms shall exclude our liability for death or personal injury arising through negligence or fraud. We do not accept responsibility for any loss, damages or costs suffered or incurred by you.
To the maximum extent allowed by applicable law we exclude all liability and responsibility arising from any reliance placed on any content available from Harden’s Channels. You bear the entire risk of the completeness, accuracy or usefulness of any content accessed through our services.
To the maximum extent allowed by applicable law we exclude all liability and responsibility arising from your use of:
* Harden’s Channels and products provided in connection with our services, including Offers to members of Harden’s
* Any restaurant or Offer Provider’s failure to supply such service or products, whether in whole or part.
To the maximum extent allowed by applicable law we expressly disclaim all warranties and conditions, expressed or implied, including, but not limited to, implied warranties and conditions of satisfactory quality and fitness for a particular purpose.
You will not hold us responsible for any damages that result from your accessing (including any software or systems you use to access) Harden’s Channels, but not limited to, damage to any computer, software or system or portable devices you use to access the same.
Under no circumstances shall we be liable to you for any consequential, incidental or special damages or for loss of business profits, business interruption, loss of data or loss of any benefit arising out of your use or inability to use our services.
JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim arising from or related to your use of the Facility. English law will apply to these user terms
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