Terms and Conditions

Site

This website has been developed as a service provided by The Number (UK) Limited ("The Number"). Whilst every effort has been made to ensure the accuracy of the information and material contained on the website, The Number assumes no responsibility for, nor gives any guarantee, undertaking or warranty concerning the accuracy, completeness or up to date nature of the information provided on the website nor does it accept any liability whatsoever arising from any errors or omissions.

The services provided on this site are made available by The Number and its affiliated companies and may also be provided or located on third party web sites and/or computer servers.

A. ACCEPTANCE OF TERMS

By accessing this Site, you agree to these Terms of Use. The Number reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. If you breach any of the Terms of Use, your authorisation to use this Site automatically terminates and you must immediately destroy any materials downloaded or printed from the Site.

B. COPYRIGHT: LIMITED LICENCE

The materials and services on this Site are protected by copyright and/or other intellectual property laws and any unauthorised use of the materials or services at this Site may violate such laws. Except as expressly provided herein, The Number does not grant any express or implied right to you under any patents, copyrights, trademarks or trade secret information with respect to the materials and services. Except as specifically permitted herein, no portion of the information on this Site may be reproduced in any form or by any means without the prior written permission of The Number. Text, images, designs, logos, graphics, the selection, and presentation and arrangement of materials and the overall design and layout of this website are the copyright of The Number. All rights are reserved.

C. USE OF SITE INFORMATION

You may view, download and print the documents and information available on this Site subject to the following conditions:

The documents and information may be used solely for personal, informational, internal or non-commercial purposes.
The documents and information may not be modified or altered in any way.
The documents and information on the Site may not be distributed.
You may not remove any copyright or other proprietary notices contained in the documents and information.
The Number reserves the right to revoke the authorisation to view, download and print the documents and information available on this Site at any time and any such use shall be discontinued immediately upon written notice from The Number.
The rights granted do not constitute a licence or a transfer of title.

Any user of this site must not:

Make or permit to be made any bulk downloading or storage of Data. In this context "Data" refers to any of the search results returned as a result of the user inputting an approximate name and approximate address, as well as any other information extrapolated through the use of the site including, but not limited to, telephone numbers and addresses of businesses and individuals;
Provide, disclose or otherwise make available to any third party any portion of the Data.
Use the Service as the sole source for generating mailing or address lists for direct marketing or other marketing purposes.

Users acknowledge that there may be implications under the Data Protection Act 1998 (or any other applicable statutory or regulatory requirements) if individual telephone numbers are added to a database and permanently stored.

For the avoidance of doubt, these Terms of Use are not intended to prevent you recording in manual form any individual item of Data, or disclosing any individual item of Data, free of charge, to friends or relations for non-commercial purposes.

Users will take all reasonable steps to ensure that any person who may have access to the site complies with the conditions of these Terms of Use.

The rights specified above to view, download and print the documents and information available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

D. WARRANTIES AND DISCLAIMERS

Pursuant to applicable law, all materials and services on this Site are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranty of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, The Number makes no warranty that the services and materials will meet your requirements. You are therefore advised to check the information provided to you through this Service as any reliance that you place on the accuracy of that information is at your own risk.

This site could include technical or other mistakes, inaccuracies or typographical errors, The Number may make changes to the materials and services on this Site at any time without notice.

The downloading or other acquisition of any materials through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such materials. No advice or information, whether oral or written, obtained by you from The Number or through or from the Site shall create any warranty not expressly stated in these Terms of Use.

This Site may contain links to third party websites that are not under the control of The Number. The Number make no representations whatsoever about any other website to which you may have access through this Site. When you access a website beyond the control of The Number you do so at your own risk and The Number is not responsible for the accuracy or reliability of any information, data, advice or statements made on these Sites or for the quality of any products or services available on such Sites. These links are provided merely as a convenience and the inclusion of such links does not imply that The Number endorses or accepts any responsibility for the content or uses of such websites.

E. GENERAL

Users agree to abide by the Telephone Preference Scheme as set out in the Self Protection Licence and Telecommunications Services Licence or other such licences as may from time to time replace them, and other industry guidelines that may be specified to protect the privacy of residential telephone subscribers.

All users must indemnify The Number against any claims or legal proceedings which are brought or threatened against The Number by a third party because the Service is used in breach of these Terms of Use, or because the Service is faulty and cannot be used by that third party.

The Number will notify the Customer of any such claims or proceedings and keep the Customer informed as to the progress of such claims or proceedings. These terms and conditions constitute the entire agreement between The Number and you pertaining to the subject matter hereof, and supersede in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.

The above terms and conditions shall be governed by English Law and subject to the exclusive jurisdiction of the Courts in England and Wales.

Restaurant Booking

Introduction

This restaurant table booking service (the “Service”) is operated by Livebookings Holdings Limited (“Livebookings”) in conjunction with The Number UK Limited (“The Number”). Where appropriate Livebookings and The Number shall be referred to jointly as “we”, “us” or “our”. Livebookings is registered in England and Wales under company number 5398578 and our registered address is at 6th Floor Elizabeth House 39 York Road London SE1 7NQ. Our VAT Number is 882 5959 65. The Number is registered in England and Wales under company number 4352737 and our registered address is Malthouse Avenue, Cardiff Gate Business Park, Cardiff Gate, CF23 8RA.

These are the terms and conditions which will govern your use of the Service, which is provided to you by Livebookings and The Number on behalf of restaurants in the Livebookings Network, either via the website of the restaurant with whom you are booking a table (a “Restaurant”) or via the website of one of our third party booking partners (a “Booking Partner”).

By using the Service you are deemed to have accepted these terms and conditions of use (the “User Terms”)

Your Booking

Please note that the dining services for which you book via your use of the Service are provided to you by the Restaurant directly and not by Livebookings or The Number. Therefore by using the Service to book a table at your chosen Restaurant you are entering into a direct contract with that Restaurant and neither Livebookings nor The Number is a party to that contract.

In order to make any booking using our Service you must have the legal capacity to do so and you must accept financial responsibility for all transactions made under your name. You must make sure that all the information you provide to us is true and accurate. Booking a table at the Restaurant means you have to pay the Restaurant after you have eaten unless it is clearly indicated before you book that you have to prepay in advance.

When you use the Service to place a booking at the Restaurant you are making an offer to the Restaurant to accept your booking. Your booking is not complete and legally binding on the Restaurant until such time as you have received a confirmatory email from the Restaurant accepting your booking.

If you wish to cancel your booking you can use the hypertext link in the confirmation email or contact the Restaurant directly. Contact details can be found in the confirmation email. Please ensure that you arrive in plenty of time and bring a copy of your email booking confirmation. If you have prepaid in advance please also bring the credit/debit card you used to make the booking.

Failure to attend the Restaurant at the reserved time may result in you being charged a "no-show" fee by the Restaurant. The decision whether to debit your card with a cancellation fee or "no-show" fee is entirely at the discretion of the Restaurant.

We reserve the right to cancel a booking, but this of course will be without any liability to you. We have, at any time for any reason without prior notification to you, the right to terminate or restrict, suspend or terminate your access to any or all of the Service if we believe that you are misusing the Service or if you are in breach of these User Terms.

Because your contract is directly with the Restaurant any queries or concerns that you may have in connection with your restaurant table booking should be addressed directly to the Restaurant via the details set out in the confirmatory email.

We reserve the right to disable your access to our Service and, where applicable, any user ID or password issued to you at any time if, in our opinion, you have failed to comply with any of the provisions of this Agreement.

Additional Terms

In addition to these User Terms, your use of a Restaurant or Booking Partner website and the other services and products provided by Restaurants and Booking Partners in the Livebookings Network, may also be subject to any additional terms and conditions applied by restaurants and/or Booking Partners from time to time. Those terms will be in addition to, and therefore not a replacement for, these User Terms. Please ensure that you read such additional terms and conditions before using the websites and/or purchasing the services and products provided by restaurants and Booking Partners.

Personal Information

To use our Service you are required to register certain information, including your name, email address and, in some instances, a password. Your registration details and any personal information supplied by you to us will be used by us in accordance with these User Terms and, where applicable, the terms of any privacy policy provided by the Restaurant and/or Booking Partner

You will receive emails and/or text messages related to the fulfilment of your booking and your use of the Service and we may use your personal information for that purpose. In addition, if selected by you at the time of making your booking, you may also receive information and special offers regarding future bookings, products or offers provided by the Restaurant and/or the Booking Partner from time to time.

You are responsible for ensuring that all personal data supplied by you to us is accurate and kept up to date. You must treat your password information as confidential and you must not disclose it to any other person.

Cookies

Similar to other commercial websites, our Service utilises a standard technology called "cookies" and web server logs to collect information about how our Service is used and to improve our Service. Information gathered through cookies and web server logs may include the date and time of visits, the pages viewed, time spent using the Service, and the websites visited just before and just after your use of our Service. Cookies do not allow us to gather any personal information about you and we do not generally store any personal information that you provided to us in your cookies.

Availability of the Service

Your access to the Service 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 and comply with them.

Restrictions on use

All copyright, database rights, trade marks, intellectual property rights and other proprietary rights subsisting in our Service and any content made available to you from the Service, shall remain our property or the property of our licensors. All such rights are expressly reserved.

You agree not to use our Service in such a way as to cause the whole or part of our Services to be interrupted, damaged, rendered less effective or be otherwise impaired or in any way contrary to applicable law.

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 Service. 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 for fraud.

We do not accept responsibility for any loss, damages or costs suffered or incurred by you arising from viruses or contaminants contracted by you or your machine via accessing or using our Service.

To the maximum extent allowed by applicable law we exclude all liability and responsibility arising from any reliance placed on any content available from the Service. You bear the entire risk of the completeness, accuracy or usefulness of any content accessed on our Service.

To the maximum extent allowed by applicable law we exclude all liability and responsibility arising from your use of:

the services and products provided by the Restaurant and/or Booking Partners; and
the Restaurant’s and/or Booking

Partner’s failure to supply such services or products, whether in whole or in part.

To the maximum extent allowed by applicable law, we expressly disclaim all warranties and conditions, express 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 you accessing (including any software or systems you use to access) our Service, 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 business information, loss of data or loss of any benefit arising out of your use or inability to use our Services.

Changes

We reserve the right at any time to vary these User Terms. Your continued use of our Service following any such variation shall constitute your acceptance of such changes.

Jurisdiction and applicable law

The English Courts will have exclusive jurisdiction over any claim arising from or related to your use of the Service. English Law will apply to these User Terms.

Trade Marks

Livebookings and the Livebookings Network are either registered or unregistered trademarks of Livebookings Holdings Limited. All other trademarks referred to on our Service are owned by their respective owners. No permission is given for their use by any person and such use may constitute an infringement of our rights or the rights of the applicable owner.

Contact Us

You may contact us on any issue detailed in these User Terms at www.livebookings.net or 118.com.

Thank you for using our Service.

118 Answers

1. DEFINITIONS

1.1 In this Agreement the following terms and expressions shall have the following meanings unless the context requires otherwise:
"Agreement" means these terms and conditions.
"Response" means Our response to Your Question
"Intellectual Property Rights" means patents, design rights, trade marks, copyright, database rights whether present or future, registered or unregistered, and all applications for any of such rights together with any similar rights of whatever nature subsisting throughout the world.
"Question" means a question submitted by You using the Service.
"Service" means the "118 Answers" question answering service operated by Us via the www.118118.com web site and the 118118 short code.
"Us/We/Our" means The Number UK Limited, the provider of the Service.
"You/Your" means You, the customer accessing or using the Service.

2. APPLICATION OF THIS AGREEMENT

2.1 The terms and conditions of this Agreement apply to each use by You of the Service, and by accessing or using the Service You agree to be bound by them.

3. ACCESSING THE SERVICE

3.1 You are responsible for obtaining all necessary equipment and telecommunications services required to access and use the Service. You agree that You will not use any telephone to access the Service without the permission of the bill payer.
3.2 In order to use the Service You may be required to submit Your mobile telephone number and/or e-mail address and agree that You will not:

3.2.1 submit any information to Us with the intent of impersonating or otherwise prejudicing any third party; or
3.2.2 use any third party's information or access any third party's information;

4. YOUR USE OF THE SERVICE

4.1 You acknowledge and accept that the information provided via the Service may be sourced from third parties and that We make no warranty, whether express or implied, regarding the reliability, completeness or accuracy of the same. Information provided via the Service is for general usage only and should not be construed as providing specific advice on any matter whatsoever.
4.2 You may not use the Service in any improper or unlawful manner or in breach of any legislation or regulatory requirement that applies to You. We reserve the right to refuse to answer any Question which We consider in our absolute discretion to be obscene, defamatory, racist, blasphemous, harassing, offensive, contrary to public policy or which breaches the rights of any third party.
4.3 We reserve the right to refuse to answer any Question which We believe should properly be directed to a professional adviser including, without limitation, advice of a financial, legal or medical nature. In the event that We do provide a Response to any such Question(s) Clause 4.1 above shall apply.
4.4 We provide the Service to You solely for Your own personal, non-commercial use. You may not reproduce, resell or redistribute the Service or any information derived from it, to any third party.

5. CHARGES FOR THE SERVICE

5.1 By accessing the web-based Service at www.118.com/aua You will be entitled to ask 10 Questions only free of charge.
5.2 Access to the Service via Our 118118 short code will be charged at our standard rates from time to time in force which will be published in our promotional material and on our web site www.118.com.
5.3 We reserve the right to change the charges for the Services from time to time. If We do this We will publish any new charges on our web site.
5.4 We will not charge You in the event that We are unable to provide a Response to Your Question provided that Your use of the Service has not breached this Agreement.
5.5 You acknowledge and accept that any applicable charges will be payable by You irrespective of whether or not We are able to provide a Response to Your Question.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 All Intellectual Property Rights in the Service belong to Us or Our licensors and nothing in this Agreement operates to transfer any such Intellectual Property Rights to You.
6.2 When You submit a Question using the service You grant Us a perpetual, royalty-free, sublicenseable and transferable right to re-utilise such Question together with any associated Response for any purpose We deem fit in connection with the provision of the Service.

7. SUSPENSION AND TERMINATION

7.1 We may suspend the Service at any time without notice to You; (a) for maintenance or other operational reasons; (b) in the case of an emergency, or (c) as a result of a force majeure event in accordance with clause 9; (d) for any other reason We deem necessary.
7.2 We may terminate this Agreement or the Service at any time for any reason We deem fit including, without limitation, any breach by You of this Agreement.

8. LIMITATION OF LIABILITY

8.1 We do not limit Our liability for death or personal injury resulting from Our negligence.
8.2 Subject to clause 8.1, We will not be liable to You whether in contract, tort or otherwise for any loss of revenues, profits, the use of money, goodwill, or anticipated savings, for any loss or destruction of data or (without limitation) for any indirect or consequential loss or damage of any kind, whether any such loss is reasonably foreseeable or not arising in connection with the Service for any reason (including any inaccuracies in any Response given).
8.3 Subject to Clauses 8.1 and 8.2, Our liability to You shall be limited to the charges actually paid by You for the Service.

9. FORCE MAJEURE

9.1 We will not be obliged to carry out any obligation under this Agreement where performance of such obligation is prevented due to any cause beyond Our reasonable control including but not limited to Acts of God, storm, earthquake, inclement weather conditions, fire, flood, war, industrial action, lockout, default or failure of a third party, or governmental action, failure or shortage of power supplies, labour shortage, the act or omission of highways or railways authorities or telecommunications operators.

10. AMENDMENTS

10.1 We may vary the terms and conditions of this Agreement at any time. We will ensure that the most recent version of these terms and conditions is made available on the Internet at www.118.com. Such change shall take effect from the date that the variations are posted on the Internet.

11. GENERAL

11.1 Failure by either party to enforce any of its rights under this Agreement is not to be taken as or deemed to be a waiver of that right unless the waiving party acknowledges the waiver in writing.
11.2 This Agreement is not intended to be for the benefit of, and shall not be exercisable by any person under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
11.3 Any part or all of any clause of this Agreement that is unenforceable or illegal is to be severed from this Agreement and does not affect the enforceability of the remaining provisions of this Agreement.
11.4 We have the unrestricted right to assign, licence or otherwise dispose of Our rights and obligations (in whole or in part) under this Agreement.
11.5 This Agreement is governed by the laws of England and Wales and the parties agree to submit disputes in connection with this Agreement to the exclusive jurisdiction of the English Courts

iPod Nano Prize

Promotion is open to UK residents only who are 18 years old and over, excluding employees and their families of The Number UK Ltd or its affiliated companies, their agents or anyone professionally connected with this promotion.
To enter: By texting 118118 during the Promotion Period you will be automatically entered into the promotion. No purchase necessary - you can enter for free by emailing ipod@118118.com during the Promotion Period. No other entry method, including calling 118118, will be accepted.
Texts cost £1 each plus your standard network charge.
No bulk, third party entries: these and similar attempts to breach these terms and conditions will be disqualified.
Entries must be received between 00:01 Wednesday 17th March 2010 and midnight Saturday 20th March 2010 (the “Promotion Period”). Entries received before or after the Promotion Period will be disallowed.
One winner only will be selected each day of the Promotion Period in a random draw.
Each winner will be contacted on the telephone number or email address used to enter. Reasonable efforts will be made to contact the winner, however, if the winner cannot be contacted within 72 hours of the relevant draw, their claim may be voided and an alternative winner may be chosen.
The winner may be required to provide proof of identity, age and ownership of the phone (if applicable) used to submit the entry prior to confirmation of their prize.
The winner agrees to take part in reasonable publicity relating to this promotion.
The Promoter's decision is final and no correspondence will be entered into.
The Promoter accepts no responsibility for text or emails delayed, lost, corrupted or mis-sent in transmission for whatsoever reason. Proof of emailing or texting will not be taken as proof of receipt. No refunds of text costs will be given
To obtain a copy of winner’s names and county see www.118118.com during the week commencing 29th March 2010.
By entering the promotion you accept these terms and conditions and agree to be bound by them.
By entering this promotion you agree to receive further calls and/or text messages and communications in connection therewith.

Terms & Conditions