"Contract" means the contract for the sale and purchase of Goods between you and the Venues formed in accordance with clause 10.
"Venue" the public house, public bar, stadium, coffee shop or other business that offers its Goods for sale via the App and/or the Sites.
"Goods" any items advertised for sale by a Venue via the App and/or the Sites.
"Order" an offer to purchase Goods from a Venue made via the App .
"the App" or "the Sabre app" means the Sabre smartphone application and associated Bar Pass Limited web apps.
"the Site" or "Website" means www.wearesabre.com
The App is published by or on behalf of Bar Pass Limited trading as Sabre (“Bar Pass”, Sabre, “us” or “we”), a company registered in England and Wales (Company No. 08397299) of 36 Tredegar Road, London, E3 2EH United Kingdom.
You should print or a copy of these Terms or save them to your computer or handheld device for future reference. We amend these terms from time to time as set out in section 8. Every time you wish to place an Order, please check these Terms to ensure you understand the terms that will apply at the time.
1.1 You can only use the app when you have registered to do so.
1.2 You agree:
1.2.1 That all information and details provided by you to us (including on registration) are true, accurate and up-to-date in all respects and at all times. You can update or correct your details at any time via the accounts screen;
1.2.2 Your use of the App grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trade marks, logos, graphics, photographs, animations, videos and text or rights in and to Bar Pass Limited software, applications and website) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the App services in accordance with these Terms;
1.2.3 The App is made available for your own personal use only. You must not use any part of the materials on the App and/or the site for commercial purposes or for any illegal or unauthorised purpose. When you use the App, you must comply with all applicable UK laws and with any applicable international laws, including the local laws in your country of residence (“Applicable Laws”).
1.2.4 You will not modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law.
1.2.6 You will not use the App: in any way that interrupts, damages, impairs or renders the App less efficient; to transfer files that contain viruses, or other harmful programs; to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures; to disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise; to advertise or promote third party or your own products or services; 1.2.7 To refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;
1.2.8 You acknowledge that we have limited control over the nature and content of information transmitted or received by you or other users of the App. Although we reserve the right to do so, we do not monitor such content in the usual course of business and will not be liable for any such content. If you have a complaint about another user please contact us via the App.
2. Placing an Order
2.1. Placing an Order constitutes an offer by you to the Venue to enter into a binding contract with the Venue for the sale of the goods comprised in the Order on the basis of these terms, which the Venue is free to accept or reject at their absolute discretion.
2.2. By ordering one or more alcoholic drinks, you are confirming to the Venue that you are:
2.2.1. Over 18 years of age and can provide photographic proof of this fact, if required.
2.2.2. Not intoxicated
2.2.3. Not violating any Applicable Law
2.2.4. Capable in legal terms of entering into binding contracts
2.2.5. Buying the drinks only for yourself and/or others over the age of 18.
2.2.6. If the above conditions, along with others, are not fulfilled the Venue reserves the right not to fulfill the Order.
2.3. On the Venue receiving a push notification to confirm the preparation of the items, the contract is formed between you and the Venue.
2.4. We are not responsible for the fulfillment of Orders through the App. The contract is between you and the Venue. Any disputes in relation to the aforementioned contract are to be resolved between you and the Venue, with no recourse to Bar Pass Limited.
3. About us
We operate the site www.wearesabre.com, the App Sabre and mobile ordering web apps built by Bar Pass Limited. Our business address is Bar Pass Limited, 36 Tredegar Road, London, E3 2EH United Kingdom.
Any materials, information or commentary provided in the App or Website should at no time be relied upon and does not constitute advice. Bar Pass Limited disclaims all liability as a result of any actions taken, or reliance placed, as a result of the aforementioned information or commentary.
5. Our Liability
5.1. The material displayed on the App and/or the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:
5.1.1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
5.2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the App and/or the Site or in connection with the use, inability to use, or results of the use of the App and/or the Site, any websites linked to it and any materials posted on it.
5.3. We are not liable to you in respect of the quality of the goods supplied to you by a Venue, the quality of a Venue's services or the fulfillment or failure to fulfill any Order by a Venue.
5.4 Nothing in this clause 5 or these Terms seeks to (i) affect your rights as a consumer or (ii) limit or exclude 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 law.
If you have any concerns regarding any of the Venues or your Order, please contact us at firstname.lastname@example.org.
7. Accessing the Site
7.1 Access to the App and/or the Site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the App and/or the Site without notice. We will not be liable if for any reason the App and/or the Site is unavailable at any time or for any period.
7.2. From time to time, we may restrict access to some parts of the App and/or the Site, or the entirety of the App and/or the Site, to users who have registered with us.
7.4. When using the App and/or the Site, you must comply with the provisions of our acceptable use policy.
7.5. You are responsible for making all arrangements necessary for you to have access to the App and/or the Site. You are also responsible for ensuring that all persons who access the App and/or the Site through your internet connection are aware of these terms, and that they comply with them.
8. The App and the Site Change Regularly
We aim to update the App and/or the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the App and/or the Site, or close it indefinitely. Any of the material on the App and/or the Site may be out of date at any given time, and we are under no obligation to update such material.
10.1 We may terminate these Terms and close any account you have with us by giving you 7 days' notice in writing by email to your registered email address. We may also terminate these Terms and close your account without notice if you breach any of your obligations under these Terms, if bankruptcy proceedings are brought against you or if you do not pay a court judgment on time.
10.2 We reserve the right to suspend, restrict or terminate your access to the App at any time without notice if we have reasonable grounds to believe you have breached any of these Terms. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
10.3 You are under no obligation to use the service and may choose to stop using it at any time.
11. Please Drink Responsibly
11.1 You agree that you will only use the App and/or the Site to drink responsibly and that you are solely responsible for monitoring your drinking.
11.2 If you feel that you have a problem with alcohol and want to seek help, please talk to your doctor or visit the Drink Aware Trust's website.
12.Changes Cancellations refunds
12.1 The User may change or cancel the Order at any time and for any reason until the User is notified that the Order has been accepted via the Order Confirmation and the Contract is formed between the Vendor.
12.2 You accept and agree that once the Contract is formed, You will not be able to change or cancel the Order and You will not be entitled to a refund for the Order or any part thereof, including in the event that the Vendor of the respective Venue exercises its right to refuse to fulfil the Order.
12.3 You also agree to indemnify and hold Bar Pass Limited harmless in respect of losses which Bar Pass Limited may incur as a result of any claim for a refund made by You or any third party in respect of any Order that is the subject of a Contract. This does not prevent You from discussing the issue of any refund with the Vendor directly and you acknowledge and agree this is outside of the Service provided by Bar Pass Limited.
13. Jurisdiction and Applicable Law
13.1 The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, these Terms, any Order, the use of the App and/or a visit to the Site. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
13.2 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England.
14.1. We may revise these Terms from time to time. The revised Terms will apply to the use of the App and the Website from the date of publication of the revised Terms on the website.
14.2. It is your responsibility to review this page and the Terms for any changes we make from time to time.
14.3. Any provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the App and/or the Site and you shall be deemed to have notice of any such additional or superseded terms.
15.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
15.2 No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
15.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999 save for the Venues.
16. Your Concerns
If you have any concerns about material which appears on the App and/or the Site, please contact email@example.com.