Thank you for visiting www.aperitif.com, (hereafter referred to as this “Website”). This Website is operated by Apéritif Restaurant (“APÉRITIF”) The following terms and conditions create a legally binding agreement between you and APÉRITIF (“aperitif.com”, “we” or “us” as the context may require).
INTELLECTUAL PROPERTY RIGHTS
2.1. This Website and all materials, including but not limited to photographs, illustrations, data, text, images, logos, maps, plans, literary, artistic, musical works and all representations, information and all works in any media or format whether relating to activities, programs, products and/or services offered by any part of APÉRITIF (the “Contents”) appearing on this Website are proprietary to and are protected by copyright, trademark and other forms of intellectual property rights (“Intellectual Property”) owned, licenced to or controlled by APÉRITIF.
2.2. Except as otherwise expressly provided and agreed to in writing by APÉRITIF, you are strictly prohibited from using, uploading, downloading, copying, reproducing, re-publishing, transmitting, communicating, distributing, disseminating, decompiling, disassembling, modifying, adapting in any way, the Contents or any part thereof.
2.3. APÉRITIF retain all rights, title and interest in all Intellectual Property in the Contents and all concepts, systems, whether written or graphic and all other materials on this Website.
ACCESS TO WEBSITE
3.1. APÉRITIF reserves all rights to deny or restrict access to this Website to any person, or to block access from any internet source or address to this Website at any time in its sole discretion, and without providing any notice or reason.
4.1. This Website may contain links to other websites and pages which are not controlled, maintained or endorsed by APÉRITIF including but not limited to the online booking, reservations applications, tools or facilities maintained by third party service providers. By clicking on or activating such links, you acknowledge that the APÉRITIF is not responsible for the consequences of your activities on the third-party websites, tools, applications of other offerings or services and is not liable in any way whatsoever to you. APÉRITIF does not represent or exercise control over such third party and such third party is neither an agent nor servant of APÉRITIF. Any data or any information which you give to any other entity after leaving this Website is entirely at your own risk. APÉRITIF, its affiliates and any Hotel Affiliates shall not be liable for any damages or loss arising from your access, use or other actions including by reason only of hyperlinking to such other websites.
4.2. All hyperlinks to such other websites are provided as a convenience to you, and APÉRITIF, are not associated or affiliated, unless expressly stated to be so, in any manner with any trade or service marks, logos, insignia, other intellectual property rights or devices, which appear on such other websites.
5.1. No data transmissions over the Internet or via wireless networks can be guaranteed to be secure. Consequently, APÉRITIF cannot and does not ensure or warrant the security, authenticity, integrity or confidentiality of any information and/or communication you transmit to us and you do so at your own risk.
5.2. Any questions, comments, suggestions, feedback and/or information which is sent to us via this Website will be deemed to have been provided voluntarily on a non-confidential and non- proprietary basis. APÉRITIF reserves the right to use, reproduce, disclose, transmit, publish, broadcast and/or post elsewhere on the Internet or on any written form, such information, including but not limited to, disclosing such information in connection with the development, marketing, manufacturing of products and services.
SECURITY OF WEBSITE
6.1. You hereby expressly acknowledge and agree that:-
6.1.1. This Website is provided on an “as is” basis without warranties of any kind and APÉRITIF does not warrant that the functions provided in this Website will be uninterrupted or error-free, or free from computer viruses or other harmful components, or unauthorised software, or that any defects will be corrected;
6.1.2. APÉRITIF does not warrant and hereby disclaims to the fullest extent permitted by law, any warranty as to the accuracy, reliability, timeliness, of the Contents including in particular the use of any representations and images;
6.1.3. TO THE FULLEST EXTENT PERMITTED BY LAW, APÉRITIF IS NOT RESPONSIBLE FOR AND SHALL NOT BE LIABLE FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION (WHETHER DIRECTLY OR INDIRECTLY) WITH YOUR USE OF THIS WEBSITE. ACCORDINGLY, YOU HEREBY RELEASE APÉRITIF AND ALL OF ITS AFFILIATES (AND ITS AGENTS, REPRESENTATIVES, PARENT COMPANY, RELATED COMPANIES AND ASSOCIATED COMPANIES, SUBSIDIARIES, AND LEGAL AND OTHER PROFESSIONAL ADVISORS) FROM ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITY IN RESPECT OF ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE;
6.1.4. Any material which you download or otherwise obtain through the use of this Website (such actions being strictly prohibited), is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data or other liability that may result from the download of any such material. Neither APÉRITIF nor any of its affiliates shall be liable or responsible for any computer virus, malware, communication line failure, interception of online communication, software or hardware problems (including without limitation to loss of data or compatibility problems), theft, destruction to your computer system or any other losses or damage resulting directly or indirectly from access to or use of this Website, or any uploading, downloading of any Contents or information (all of which are not authorised) from this Website.
6.2. While the APÉRITIF shall use our best endeavors to prevent any unauthorised entry to this Website, we shall not be liable for any damages or losses whatsoever or howsoever caused to you if any third party gains unauthorised access to this Website.
6.3. You agree to indemnify and hold APÉRITIF including, all directors, officers, employees and its agents, representatives, parent company, related companies and associated companies, harmless from any claim, loss, damages, demand or costs (including solicitors’ fees on a full indemnity basis) which APÉRITIF or any of its affiliates and/or Hotel Affiliates may suffer or incur due to or arising out of in connection with:-