Terms & Conditions

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Terms of Use for Chicken N Beer

Welcome to Chicken N Beer website and/or mobile app. This page tells you the terms of use (the “Terms”) on which you may make use of our websites or any mobile app we make available via an app store, whether as a guest or a registered user. Please read these Terms carefully before you start to use our Websites or Chicken N Beer App (as defined below).

When certain words and phrases are used in these Terms, they have specific meanings (these are known as “defined terms”). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).

In these Terms, when we refer to “we”, “us” or “our”, we mean the Company; and when we refer to “you” or “your” we mean you, the person accessing or using the Websites or Chicken N Beer App.

For information on how we store and use customer data please visit https://www.chickenandbeer.co.uk for our privacy policy.

These Terms were last updated on 31 May 2023.

  1. Information about us

    1.1   Winton Chicken Limited is a company registered in England and Wales under company number 14590559, with its registered office at 58 Stanfield Road, Bournemouth, England, BH9 2NP

    1.2   The Company operates the following websites in the UK:

    • chickenandbeer.co.uk (the “chickenandbeer Website”),
    • chickennbeer.touchtakeaway.net/menu (the “Delivery Website”),each a “Website” and together the “Websites”.

    1.3  The Company also operates the Chicken N Beer mobile app (the “Chicken N Beer App”).

  2. Websites and Chicken N Beer App

    2.1   The Websites and Chicken N Beer App are made available free of charge. We do not guarantee that the Websites and Chicken N Beer App, or any content on them, will always be available or be uninterrupted. Access to the Websites and Chicken N Beer App is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Websites or Chicken N Beer App without notice. We will not be liable to you if for any reason the Websites or Chicken N Beer App are unavailable at any time or for any period. We may update the Websites and Chicken N Beer App and/or change the content on them at any time.

    2.2  You are responsible for making all arrangements necessary for you to have access to the Websites and Chicken N Beer App. You are also responsible for ensuring that all persons who access the Websites and Chicken N Beer App through your internet connection are aware of these Terms and that they comply with them.

    2.3   The Chicken N Beer App requires a smartphone or other mobile device running either the iOS or Android operating systems (the device you use, the “Device”) and, to download the Chicken N Beer App and to access the latest features, you will need Internet access.

    2.4   Please note that certain functions made available on the Websites and Chicken N Beer App are governed by additional terms and conditions set out at Part 1a below. In order to download the Chicken N Beer App you must also review and agree to the additional Chicken N Beer App terms set out below and any other terms and conditions imposed by the app store from which you have downloaded the CChicken N Beer App.

    2.5   The Websites and Chicken N Beer App and the content on it are provided for general information purposes only. They are not intended to amount to advice (medical or otherwise) on which you should rely.

    2.6   You may only use the Websites and Chicken N Beer App for your own domestic, private and non-commercial use.

  3. Your account and password

    3.1  You will need to register an account with us in order to access certain services available on the Websites and Chicken N Beer App (“Account”). If you register an Account, you will be asked to provide certain information (such as your email address) and to create a password, as part of our security procedures. If you register an Account you will become a “Registered User”.

    3.2  We use Single Sign On (“SSO”) for account management. This means that Registered Users can access all of our online services with one set of log in details.

    3.3  You must be at least 14 years old to register an account, however if you are under the age of 18 years old you must ask for permission from your parent or legal guardian prior to registering an account. There are also certain additional age restrictions for use of certain services listed below:

    3.3.1  You must be 18 or over to order online for delivery or collection (see our Online Ordering Terms & Conditions below);

    3.3.2  You must be 18 or over to register a Gift Card (see our Gift Card Terms & Conditions below); and

    3.4   To protect your Account, keep your password confidential and do not disclose it to any third party. You are responsible for the activity that happens on or through your Account. It is best practice not to reuse your Account password on third-party applications. If you know or suspect that anyone other than you know your Account login details, you must immediately notify us at info@chickenandbeer.co.uk.

    3.5  Our setting for SSO timeout is 14 days. This is set to protect your data should a hacker attempt to compromise it, therefore minimising that window.

    3.6  We have the right to disable any Accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

    3.7  You can delete your Account by contacting us at info@chickenandbeer.co.uk

  4. General Acceptance Use

    4.1 You agree not to:

    4.1.1 Use the Websites or Chicken & Blues App in any way that breaches these Terms or any applicable local, national or international law or regulation;

    4.1.2  copy, or otherwise reproduce or re-sell any part of the Websites or Chicken and beer App unless expressly permitted to do so in these Terms; or

    4.1.3  do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Websites or Chicken and beer App or any equipment, network or software used in operating the Websites or Chicken and beer App.

  5. User Generated Content

    5.1  If it is the case that you supply/upload any content to the Websites or Chicken and beer App – whether it be pictures, text, sound recordings or whatever – the content you supply (“User Generated Content”) must comply with the following rules:

    5.1.1  it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;

    5.1.2   it must not harass or bully another person;

    5.1.3  it must be true and honest so far as you know;

    5.1.4  it must not be defamatory of anyone;

    5.1.5  it must not use the material or content or infringe the rights or privacy of anyone else; for example, you should not use images of well-known characters, footage or music (unless it is your own);

    5.1.6  it must not contain someone else’s personal details or confidential information relating to other people; and

    5.1.7  it must not promote or condone terrorism, violence or illegal behaviour.

    5.2  We reserve the right to refuse to accept or refuse or cease to use any User Generated Content supplied by any person that we think contravenes these rules.

    5.3  In addition, we may from time to time provide interactive services on the Websites or Chicken & Blues App that shall enable you to upload User Generated Content, including, without limitation:

    5.3.1  comment facilities;

    5.3.2  chat rooms; and/or

    5.3.3  bulletin boards, (together “Interactive Services”).

    5.4  Where we provide an Interactive Service, we will use reasonable endeavours to provide information to you about the kind of service offered and if it is moderated. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide.

    5.5  The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online. Minors who are using any Interactive Service should be made aware of the potential risks to them.

  6. Viruses

    6.1  We do not guarantee that the Websites or Chicken and beer App will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Websites or Chicken and beer App and we recommend that you use your own virus protection software.

    6.2  You must not misuse the Websites or Chicken and beer App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Websites or Chicken and beer App, the server on which the Websites or Chicken and beer App are stored, or any server, computer or database connected to the Websites or Chicken and beer App. You must not attack the Websites or Chicken and beer App 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 co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Websites or Chicken and beer App will cease immediately.

  7. Intellectual Property

    7.1  We are the owner or licensee of all intellectual property rights in the Websites and their content, the Chicken and beer App and its content, the Chicken and beer name and mark and Chicken and beer product names, images and packaging. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.

    7.2  You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms. You must not use the Websites or Chicken & Blues App (or any part of them or their content) for commercial purposes; however, you may download material from the Websites and CChicken and beer App solely for non-commercial, personal use by you.

    7.3  No part of the Websites or Chicken and beer App, including, without limitation, the text, designs, graphics, photographs and images contained in them, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.

    7.4  Any communications or materials you send to us through the Websites or Chicken and beer App by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your order if you use the Websites or Chicken and beer App to buy products from us). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products. You grant us a non-exclusive, transferable, perpetual, royalty-free, worldwide licence to copy, use, reproduce, distribute, display, publish, adapt, prepare derivate works of and/or amend any User Generated Content in any format, including in our services and products for any purpose including in relation to the promotion of our services and products.

    7.5  We grant to you a non-transferable, non-exclusive, revocable licence to use the Chicken and beer App on the Devices provided that you comply with these Terms and the documents referred to in it. We reserve all other rights.

  8. Our liability

    8.1  Nothing in these Terms excludes or limits our liability for:

    8.1.1  death or personal injury caused by our negligence;

    8.1.2  fraud or fraudulent misrepresentation; and

    8.1.3  Any communications or materials you send to us through the Websites or Chicken and beer App by electronic mail or other means will be treated as non-proprietary and non-confidentialany matter in respect of which it would be unlawful for us to exclude or restrict our liability.

    8.2  We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Website and/or Chicken and beer App.

    8.3  We only supply the Websites and Chicken and beer App for domestic and private use. You agree not to use the Websites or Chicken and beer App, or any content on the Websites or Chicken and beer App, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

    8.4  Nothing in these Terms affects your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.

    8.5  We assume no responsibility for the content of websites linked to from the Websites or Chicken and beer App or included in these Terms (including links to any commercial sponsors or partners). Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

  9. Suspension and termination

    9.1  If you breach any of these Terms, we may immediately do any or all of the following (without limitation):

    9.1.1  issue a warning to you;

    9.1.2  temporarily or permanently remove any User Generated Content uploaded by you to the Websites orChicken and beer App;

    9.1.3  temporarily or permanently withdraw your right to use the Websites and/or Chicken and beer App;

    9.1.4  suspend or terminate your Account;

    9.1.5  issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);

    9.1.6  take further legal action against you; and/or

    9.1.7  disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.

  10. Changes to these Terms

    10.1  We may make changes to these Terms from time to time (if, for example, there is a change in the law that means we need to change these Terms). Please check these Terms regularly to ensure that you understand the Terms that apply at the time that you access and use the Websites or Chicken and beer App. If you are a Registered User, we will provide you with at least thirty days advance notice of any such changes, unless such changes are required on shorter notice to comply with applicable law. If you do not wish to continue using the Websites and/or the Chicken and beer App following the changes to the Terms, you can cancel your agreement to these Terms by cancelling your Account.

  11. Changes to these Terms

    11.1  Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

    11.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

  12. Governing law and jurisdiction

    12.1  These Terms are governed by the laws of England and Wales. This means that your access to and use of the Websites and Chicken and beer App, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by English law. However, as a consumer, if you are resident in the European Union and we direct the Website or Chicken and beer App to the member state in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms, including this clause 12.1, affects your rights as a consumer to rely on such mandatory provisions of local law.

    12.2  If you are a consumer, you may bring any dispute which may arise under these Terms to – at your discretion – either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, We shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence if this is in an EU Member State, or otherwise the competent court of England.

    12.3  If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.

  13. Contacting us

    13.1  Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us using the following details:

      13.1.1  Address: 58 Stanfield Road, Bournemouth, Postcode - BH9 2NP

      13.1.2  Telephone number: 07438 724760

      13.1.3  Email address: info@chickenandbeer.co.uk

Part 1a: Additional Chicken N Beer App Terms

    1.1 The following terms and conditions shall apply to your use of the Chicken N Beer App in addition to those set out in Part 1.

    1.2 For the purpose of these terms, “Appstore Provider” means the provider of the app store through which you have downloaded the Chicken N Beer (for example, Apple is the Appstore Provider if you have downloaded the Chicken N Beer App from the Apple App Store, Google is the Appstore Provider if you have downloaded the Chicken N Beer App from Google Play, etc).

    1.3 You acknowledge and agree that the Terms have been concluded between you and us, and not with the Appstore Provider. You acknowledge and agree that the Appstore Provider is not responsible for the Chicken & Blues App and its content.

    1.4 You acknowledge and agree that the Appstore Provider has no obligation to provide any maintenance or support in respect of the Chicken N Beer App. Should you have any problems in using the Chicken N Beer App, please contact us at info@chickenandbbeer.co.uk.

    1.5 In the event that the Chicken & Blues App does not conform with any product warranty provided for by the Terms, the Appstore Provider may provide you with a refund of the price that you paid to purchase the Chicken N Beer App (if any). The Appstore Provider shall, to the maximum extent permitted by law, have no obligation to you whatsoever with respect to the Chicken N Beer App.

    1.6 You acknowledge and agree that the Appstore Provider shall not be responsible for addressing any claims that you might have relating to the Chicken N Beer App, including (without limitation): product liability claims; any claim that the Chicken N Beer App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation.

    1.7 In the event that a third party claims that the Chicken N Beer App infringes its intellectual property rights, we (and not the Appstore Provider) shall be solely responsible for the investigation, defence, settlement and discharge of such claim.

    1.8 You warrant and represent that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

    1.9 If the Appstore Provider is Apple, you acknowledge and agree that Apple and its subsidiaries are third party beneficiaries to the Terms. Upon your acceptance of the Terms, Apple will have the right to enforce the Terms against you as a third party beneficiary.