1. INTRODUCTION

1.1. These Terms & Conditions are between MA BRIDGTOWN LTD (the “Company”, the “Restaurant”, “We”, “Us”, or “Our”) and you (“You”, “Your”, or “Yourself”).

1.2. We are proud to provide food and beverages online and in restaurant to customers seeking “Pure Flavours and Endless Taste”.

1.3. These Terms & Conditions, combined with our Privacy Policy, form a legally binding Agreement between you and us (“Agreement”).

1.4. We are responsible for the content of this website. Our details are;

MA BRIDGTOWN LTD
21 North St,
Bridgtown, Cannock,
WS11 0BB
Trading as Eastern Memories Restaurant
Company No.

1.5. The Agreement, as it may be amended from time to time, applies to all users of any of our Services.

1.6. The Agreement also applies to your use of all features, widgets, plug-ins, applications, content, downloads and/or other services that we own and control and make available to you.

1.7. You are reminded to abide by all applicable laws. You also undertake not to use our Services for unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, hateful, or racially or ethnically offensive purposes (or for purposes which are otherwise objectionable).

1.8. If you violate these Terms & Conditions, we may terminate your access to our Services.

2. DEFINITION

2.1. In these Terms & Conditions:

2.2. “Apps” refers, individually and collectively, to each and all of the Mobile Apps, Desktop Apps, and Web Apps.

2.3. “Mobile Apps” means the iOS application and the Android application or any other mobile/tablet device software applications published by the Company and which may be offered from time to time.

2.4. “Desktop Apps” means the desktop applications published by the Company and which may be offered from time to time.

2.5. “Web Apps” means the web applications published by the Company and which may be offered from time to time.

2.6. “Member” means any person whose Membership has been accepted by the Company and whose Membership remains valid for the time being. The term ‘Member’ includes free Members and paying Members, as the context requires.

2.7. “Membership” means your entitlement to one or more Services by virtue of being a Member. Such entitlement may vary depending on whether the Membership is a paid Membership or a free Membership (and the relevant Company product for which you have a Membership).

2.8. “Privacy Policy” means the privacy policy available HERE which combined with the Terms & Conditions represent the Agreement between you and the Company.

2.9. “Services” means any and all of the services provided by the Company by any means (including, but not limited to, the Websites, the Apps, or any other technology).

2.10. “Terms & Conditions” means these terms and conditions which, together with the Privacy Policy, represent the Agreement between you and the Company, as varied and as amended by the Company at its full discretion at any time and published on the Websites.

2.11. “User” means any Member and/or Visitor.

2.12. “Visitor” means any person who browses the Services.

2.13. “Website(s)” means, individually or collectively, the websites operated by the Company.

2.14. “Product(s)” means any item listed on our Menu/s including Gift Vouchers.

2.15. As the context may require, words in the singular may be read as the plural and the plural as the singular.

3. YOUR PRIVACY – COLLECTION AND RETENTION OF PERSONAL INFORMATION

3.1. We explain what we do and don’t do with your data in our Privacy Policy.

3.2. We do not always encrypt your messages, and we reserve the right to monitor those messages and other content for compliance with our Terms & Conditions (for example, where the content of your messages is reported for breaching our Terms & Conditions).

3.3. We have procedures and security features in place to try and keep your data secure once we receive it.

3.4. Payment transactions are always encrypted.

4. TECHNOLOGY REQUIREMENTS

4.1. The technology you use to access our Services may be required to meet minimum specifications provided by us.

4.2. We may require that you download and install updates to the Apps from time to time. You acknowledge and agree that we may update the Apps with or without notifying you and add or remove features or functions to the Apps (and/or the Apps, the Websites and/or the Services) at any time in our sole discretion.

4.3. You acknowledge and agree that we have no obligation to:

  • make any subsequent versions of the Apps available to you;
  • make the Apps, the Websites and/or the Services available to you at all;
  • continue to support the Apps, the Websites and/or the Services in any way.

4.4. You acknowledge that your access to the Apps, the Websites and/or the Services may not be continuous, features may change during your use, and we may terminate your access or stop offering any or all of the Apps, the Websites and/or the Services at any time.

5. TERMS & CONDITIONS – UPDATES AND AMENDMENTS

5.1. The Company may update and amend these Terms & Conditions at any time and the Company will make the updated Terms & Conditions available through the Services.

5.2. You understand and agree that you will be deemed to have accepted the updated Terms & Conditions if you use the Services after the updated Terms & Conditions are made available to you.

5.3. If at any point you do not agree to any part of the Terms & Conditions in operation, you should immediately stop using the Services.

6. PROVISION OF THE SERVICE

6.1. You acknowledge and agree that the Company may make changes to, or stop providing, the Apps, the Websites and/or the Products and Services, or restrict your use of the Apps, the Websites and/or the Services, at any time without notifying you in advance.

6.2. You are solely responsible for all data, SMS, mobile carrier, Internet and telecommunications fees and charges incurred in connection with your use of the Apps, the Websites and/or the Products and Services.

6.3. You acknowledge and agree that the Company can disable or deny you access to the Apps, the Websites and/or the Products and Services, without notifying you in advance, for any reason or no reason including, without limitation, for any violation of these Terms & Conditions and/or if the Company suspects that you have used any aspect of the Services to conduct any fraudulent or illegal activity.

6.4. If the Company disables your access to your account, you may be prevented from accessing the Product and Services, your account details or any materials contained in your account.

7. LINKS TO OTHER WEBSITES

7.1. Our Services may contain links to other websites and to resources provided by third parties (“Other Sites”). The Other Sites are linked to provide information only and are solely for your convenience.

7.2. The Company has no control over, does not accept and assumes no responsibility for the content or products or services of Other Sites and does not accept any responsibility for any loss or damage that may arise from your use of them.

7.3. If you choose to access Other Sites, you do so at your own risk and on the terms and conditions and in accordance with the privacy policy (if applicable) of the Other Sites.

7.4. Our Services may also feature advertising by third parties. By allowing third parties to advertise on our Services, the Company does not make any representations or warranties in respect of or endorse the products or services advertised.

8. VIRUS PROTECTION

8.1. The Company will make every effort to check and test material at all stages of production, however you must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.

8.2. The Company can’t accept any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using material derived from this website.

8.3. Viruses, hacking and other offences;

8.4. You must not misuse our site 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 our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.

8.5. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. The Company 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.

9. INTELLECTUAL PROPERTY

9.1. All intellectual property rights (including the various rights conferred by statute, common law and equity in and in relation to copyright, patents, trademarks, service marks, trade names and/or designs (including the “look and feel” and other visual or non-literal elements) (whether registered or unregistered) in:

9.2. Our Services;

9.3. All the design, text and graphics, software, photos, videos, music, sounds, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) of our Services, are owned by or licensed to the Company. You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.

9.4. None of the material may be reproduced or redistributed or copied, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without the prior express written permission of the Company.

10. ACCURACY OF MATERIAL

10.1. The materials appearing on the website could include technical, typographical, or photographic errors. The Company does not warrant that any of the materials on its website are accurate, complete or current. The Company may make changes to the materials contained on its website at any time without notice. However the Company does not make any commitment to update the materials. See clause 17.4.

11. LICENSE, RESTRICTIONS AND CONDITIONS OF USE

11.1. Subject to the terms and conditions of this Agreement and for the sole purpose of using the Services, the Company hereby grants you a limited, non-exclusive, revocable, non-sub licensable, non-transferable license to:

  • install any or all of the Mobile Apps on one or more mobile devices which are owned by you, are under your control and which meet the Company’s minimum specifications;
  • install any or all of the Desktop Apps on one or more computers which are owned by you, are under your control and which meet the Company’s minimum specifications; and
  • view, review and utilise the Apps and any related information provided to you by the Company.

11.2. You agree not to access, or attempt to access, the Services by any means other than through the Websites or the Apps. You specifically agree not to access, or attempt to access, the Services through any automated means (including, without limitation, through the use of scripts, bots, unauthorised third party apps, spiders or web crawlers).

11.3. You agree that you will not, in connection with your use of the Apps, the Websites and/or the Services, violate any applicable law, ordinance, rule, regulation or treaty.

11.4. You shall not connect to or use the Apps, the Websites and/or the Services in any way that is not expressly permitted by these Terms & Conditions.

11.5. You may not:

  • remove any proprietary notices from the Services or any copy of software provided to you by the Company (“Software”);
  • cause, permit or authorise the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Apps, the Services or any Software;
  • sell, assign, rent, lease, act as a service bureau, or grant rights in the Apps, the Services or any Software, including, without limitation, through sublicense, to any other person or entity without the prior written consent of the Company; or
  • make any false, misleading or deceptive statement or representation regarding the Company and/or the Apps, the Websites or the Services.

12. SECURITY

12.1 The Company requires all Users to comply strictly with all applicable laws and regulations including to abide by the Privacy Policy and these Terms & Conditions.

12.2. We ask that anyone under the age of 18 years old not submit any personal information to us. We also do not collect or maintain personally identifiable information from those Users who we know are under the age of 18 years old.

12.3. Should we learn or be notified that we have collected information from Users under the age of 18 years old, we will immediately delete such personally identifiable information.

12.4. The Company’s online ordering application must only be used by persons over the age of eighteen (18) years, or the minimum legal age as permitted by the law or otherwise under the supervision of an adult or guardian.

13. ACCEPTANCE

13.1. The acceptance of any order for any of the Products and/or Services shall be at the entire discretion of the Company.

13.2. Our acceptance of an order may occur when you receive an on-screen message and/or email notification, confirming your order.

13.3. The Company reserves the right to;

  • refuse any service.
  • terminate your access to the online ordering application and/or process.
  • remove or edit any content or accept your order/s in its sole discretion and without prior notice to you.

14. DELIVERY

14.1. Delivery orders are subject to;

  • your address falling in the defined delivery area of the Restaurant.
  • availability of the Restaurant being online for accepting online orders.
  • your Order may be subject to a minimum spend per order.

14.2. You are required to notify us at https://easternmemories.co.uk/ by using the Contact Us or call 01543 502217 if any Products are missing or damaged on delivery.

14.3. Risk in the Products shall pass to you once they have been delivered to the delivery address stipulated in your order and we will not be liable for their loss, damage or destruction after delivery has taken place.

14.4. It is your responsibility to ascertain and obey all applicable laws (including minimum age requirements) in regard to the possession, use of any Products purchased from this Website. By placing an order, you represent that the Products ordered will be used only in a lawful manner.

14.5. Products ordered incorrectly by the User may be returned at the User’s cost or alternatively we can arrange a collection for a fee. We must be notified within one hour upon receipt of of goods.

14.6. Returned goods will be subject to a 15% handling and re-stocking charge. The Product/s must be in a fully re-sellable condition and packaged as originally despatched.

14.7. The Company reserves the right to refuse to re-stock or refund money for Products purchased in error as food items are perishable. You must inform the Company within one hour upon receipt of of goods of any issues with damaged goods or quality issues to ensure the claim is valid.

14.8. For full detail on our Delivery, Returns & Refunds, Price and payment, Cancellation refer to Delivery Policy.

15. PRICE AND PAYMENT

15.1. The price for the Product/s that you order will be the price quoted on the Website, at the date the order is received. Prices include delivery, unless otherwise stated on the Website, Desktop and Mobile App.

15.2. You should be aware that prices may differentiate between Dine In and Take Out.

15.3. Please note that we only accept payment in British Pound Sterling. Payments must be made by credit or debit card (please see the relevant part of the website for a list of those payment cards accepted and method of payment).

15.4. By submitting a credit or debit card number, you:

  • represent and warrant that your use of the particular card is authorised and that all information that you submit is true and accurate; and
  • authorise to charge to the card you tendered all amounts payable by you to us based on the products/items you order.

15.5. Offers and promotions subject to availability and may be withdrawn or substituted at any time. All prices include VAT. Promotional offers and voucher codes not to be used in conjunction with any other special customer prices or discounts.

15.6. E&OE. In the event of an obvious pricing error, You will be notified and pricing will be corrected, You having the right to cancel the order before dispatch if required.

16. TAX

16.1. Management & Governance;

16.2. Tax is an important component in the business dealings of the Company. The Company takes its tax compliance responsibilities seriously and seeks to be compliant with tax legislation.

16.3. Accountability for the Eastern Memories tax affairs resides with MA BRIDGTOWN LTD (the “Company”).

16.4. A number of key business, tax and other financial processes are in place, administered under a philosophy of strong controls on areas that include reporting transparency and accuracy, integrity and ethics. The Company employs a senior accounting officer (SAO), responsible for the establishing and maintaining appropriate tax accounting arrangements. The Tax function is therefore well-placed to be aware of significant transactions or issues, and tax matters have appropriate interest and visibility.

16.5. We have established and maintain appropriate policies and compliance processes to ensure the integrity of our tax returns, and timely and accurate tax payments.

16.6. Tax Planning;

16.7. Company is focused on ensuring its wider business and commercial activities are tax efficient, with utilisation where appropriate, of available and intended legislative incentives, exemptions and reliefs. The Company strives to be a responsible business entity and does not seek to engage in artificial or contrived tax avoidance outside the intentions of Parliament where they are understood.

16.8. Risk Tolerance;

16.9. The Company seeks to avoid material uncertainty or exposure to risk on tax liabilities. The Company will engage with HMRC on complex or specialist areas and where matters of uncertainty arise or where HMRC may interpret legislation differently, the Company may take external professional advice where necessary. Significant or potentially contentious matters are discussed in advance before any action is taken.

16.10. Dealings with HMRC;

16.11. We ensure that all tax filings are submitted on a timely basis. If we discover any inadvertent errors in tax returns or correspondence with tax authorities, we disclose them promptly.

16.12. The Company enjoys an open and transparent relationship with HMRC and adopts an approach of full disclosure in all communications with HMRC, including return filings. Potential issues or areas of uncertainty or contention are openly and timely raised with HMRC.

17. DISCLAIMER OF WARRANTIES

17.1. You understand and agree that your use of the Apps, the Websites and/or the Services is at your sole risk.

17.2. The Apps, the Websites and the Products and Services are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied (to the maximum extent permitted by applicable law).

17.3. To the maximum extent permitted by applicable law, the Company expressly disclaims all warranties and conditions including, without limitation, warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, and those arising from course of dealing or usage of trade.

17.4. The Company makes no warranty as to the accuracy, completeness or reliability of any materials, information or data available through, or the performance of, the Apps, the Websites and/or the Product and Services.

17.5. The Company does not represent or warrant that:

  • the operation of the Apps, the Websites and/or the Services will be uninterrupted, timely, error-free.
  • your use of the Apps, the Website and/or the Products and Services will meet your requirements.
  • defects in the operation of the Apps, the Websites and/or the Products and Services will be corrected; or
  • the Apps, the Websites and/or the Products and Services is free of viruses or other harmful components.

17.6. The Company does not accept liability for loss or damage incurred by Users of the Website, Mobile/Desktop Apps or the Products andServices provided, whether direct, indirect or consequential, whether caused by tort, breach of contract or otherwise, in connection with our site, its use, the inability to use, or results of the use of our site, any websites linked to it and any materials posted on it. This includes loss of:

  • Income or revenue
  • Business
  • Profits or contracts
  • Anticipated savings
  • Data
  • Goodwill
  • Tangible property
  • Wasted management or office time

17.7. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

17.8. We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

18. GOVERNING LAW

18.1. The laws applicable to the interpretation of these Terms & Conditions shall be the laws of England and Wales. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.

18.2. Save as set out below, you irrevocably submit to the exclusion jurisdiction of the English courts.

18.3. The governing law does not impact your rights as a consumer according to the consumer protection laws and regulations of your country of residence.

18.4. You acknowledge and agree that the Company would be irreparably damaged if the terms of these Terms & Conditions were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms & Conditions, in addition to such other remedies as we may otherwise have available to us under applicable laws.

19. GENERAL

19.1. We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.

19.2. If we waive any rights available to us under these Terms & Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

19.3. If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining Terms & Conditions shall nevertheless continue in full force.

This policy is effective as of 30th January 2024.