Wriggle terms of service

1. INTRODUCTION

1.1 These are the terms of use, including the terms and conditions of supply (Terms), for www.getawriggleon.com and the Wriggle application. For the purposes of these Terms, both the website and application shall be referred to as the "Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff". The Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff is operated by Gainly Ltd trading as Wriggle (we, us and our). We are a limited company, registered in England. Our registered company number is 8599213, and our registered office is at 36 King Street, Bristol BS1 4DZ.

1.2 Your use of the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff and your Purchase of any of the Vouchers offered via our Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff is subject to these Terms and by placing an order for any Vouchers you agree to be bound by them. Use of your personal information submitted via this Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff is governed by our privacy policy.

1.3 We reserve the right to change these Terms from time to time by changing them on the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff, although no such change will affect any Purchase you have already made with us. Your continued use of the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff and any new Purchases will be bound by the new Terms. These Terms were last updated on 21 March 2016.

1.4 As a consumer, nothing in these Terms will affect or reduce your legal rights under UK law (your "non-excludable statutory rights").

1.5 In these Terms the following words will have the meanings shown below:

"Offer" means the offer and/or services offered by a particular Merchant for which a Purchase can be made.

"Merchant" means a third party partner of Wriggle who sells the products or services for which a Purchase can be made.

"Purchase" or "Purchased" means the purchase of a Voucher.

"Voucher" means a voucher for a particular Offer from a Merchant, which is subject to any additional terms of entry set by the Merchant.

2. THE BASICS

2.1 To use the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff and make any Purchases, you must be 18 or over. By continuing to use the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff and agreeing to these Terms you are representing to us that you are 18 and we can rely on this representation.

2.2 The Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff and the Offers offered on the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff are addressed only to people who use the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff and make Purchases in the UK. You should be careful to satisfy yourself of an Offer's suitability to your circumstances (such as considering your travel arrangements to/from the which is not included as part of the Purchase). If you choose to use the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff or make a Purchase outside the UK you do so at your own risk.

2.3 We grant you a limited licence to use the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff for your own personal and non-commercial use, provided that you comply fully with these Terms (e.g. you must not re-sell the Vouchers).

2.4 We reserve the right to prevent you using the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff or making Purchases, However we will honour Purchases already made, unless you have not complied with these Terms or we are unable to do so because of circumstances outside our control (see 10.18 and 15.4 below).

3. ACCESS TO THE APP

3.1 We cannot guarantee the continuous, uninterrupted or error-free operability of the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff. There may be times when certain features, parts or content of the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff, or the entire Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, at our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff, or any features, parts or content of the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff.

3.2 We may change the format and content of the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff from time to time. We reserve the right to modify, change, substitute or withdraw any Offers or other information on our Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff. You agree that your use of the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff is on an 'as is' and 'as available' basis and at your sole risk.

4. REGISTERING A WRIGGLE ACCOUNT

4.1 It is necessary to register an account before making any Purchases. This is because you need an account in order to view your Purchased Vouchers, redeem them (if required), view your past Purchases, store your financial details and modify your preferences, to name a few. We reserve the right to decline a new registration or cancel your account at any time. We are not obliged to give our reasons for doing so, but these may arise if you don't provide us with a valid e-mail address that is personal to you, or if you don't provide us with a correct name and surname).

4.2 To register an account you will need to fill out a form on the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff or online. You warrant that the information you input is true, complete and accurate. You will promptly inform us of any changes to such information (you can do this by updating your account details at any time). The personal information you give us is governed by our privacy policy.

4.3 In order to register and access your account, you will need to choose a password. You agree to keep this password confidential and that you are entirely responsible if you do not maintain the confidentiality of your password and Purchases are made via your account. Let us know as soon as you become aware there has been a breach of security and we will suspend your account. You agree that any person who you directly or implicitly permit to use your password (including implicitly if you do not log out of your account and another person uses your device to make Purchases or you write your password and it is seen and used to gain access to your account) is authorised to act as your agent to use the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff and make Purchases via your account. You will not be responsible to pay for Purchases made after you have notified us of a password change or that security has been compromised.

4.4 Each individual user is allowed to register only one account on the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff. You warrant that you will not create fraudulent accounts.

5. WHAT YOU ARE ALLOWED TO DO

5.1 You may only use the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff for non-commercial use and only in accordance with these Terms. You may retrieve and display content from the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff on a computer or mobile device screen, print and copy individual pages and Vouchers and, subject to the next section, store such pages and/or Vouchers in electronic form. Additional terms may also apply to certain features, parts or content of the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff and, where they apply, they will be displayed before you access the relevant features, parts or content.

6. WHAT YOU ARE NOT ALLOWED TO DO

6.1 Except to the extent expressly set out in these Terms, you are not allowed to:

•                store pages of the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all or most of the pages of the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff; or

•                remove or change any content of the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff or attempt to circumvent security or interfere with the proper working of the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff or the servers on which it is hosted.

•                create more than one account on the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff.

6.2 You must only use the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff and anything available from the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

6.3 All rights granted to you under these Terms will terminate immediately in the event that you have not followed your responsibilities as required by them (legally known as a "breach").

7. INTELLECTUAL PROPERTY RIGHTS

7.1 All intellectual property rights (which includes rights such as copyright, and rights in trade marks) in any content of the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us and/or our licensors. Except as expressly set out in these Terms, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff. If you print off, copy or store pages from the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

7.2 You agree that by submitting any posting, images or other content for publication on the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff (Your Content), you retain any copyright you may have in Your Content, however you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or in part) and/or to incorporate it into other works in any form, media or technology, whether for commercial or non-commercial purposes. You waive any rights you may have in, or to be identified as the author, of Your Content.

7.3 You are solely responsible for Your Content (including content you share with other sites, such as social networking sites) and we do not endorse Your Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Your Content.

8. EXTERNAL LINKS

8.1 The Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff may, from time to time, include links to external sites. We have included links to these sites to provide you with access to information and services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of, or association with, their operators.

9. YOUR PERSONAL INFORMATION

Use of your personal information submitted via the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff is governed by our privacy policy.

10. PURCHASING VOUCHERS

10.1 Your relationship with the Merchant

We act as a disclosed agent for our Merchants. This means that the contract for the Offer is between you and the Merchant. In most cases this means there are likely to be additional terms and conditions which apply to your contract with the Merchant (because each Merchant has different terms relevant to the Offer. These additional terms, if any, shall be made known to you at the time of Purchase, and/or you may Contact Us for details. We will also provide a link to the terms in the ticket confirmation email and/or as part of the redemption instructions we send you. You shall ensure that anyone using a Voucher with a Merchant complies with those terms.

10.2 Where we act as agent this means that we have no contractual liability to you in respect of that particular Offer.

10.3 It is important to note that it is the Merchant, not us, who is the seller of the Offers. Therefore, if you have a complaint about the quality of the Offers your complaint lies with the Merchant, not Gainly Ltd. Contact details for the Merchant will be provided in the confirmatory email and/or in the redemption instructions we send you when you make a Purchase. We will use our reasonable endeavours to assist you with providing feedback to the Merchant if you so request.

10.4 Since your contract for an Offer is not with us, but with a Merchant, we may pass essential booking details to that Merchant. You hereby acknowledge that the Merchants are not a part of Gainly Limited, but are third parties for whom we act as agent). The placing of an order to purchase a Voucher will constitute consent for us to pass your details to the Merchant.

10.5 For most Offers you will receive an electronic Voucher or redemption instructions. You must take the acknowledgment of your order with you and the credit/debit card you used to make the order.

10.6 Vouchers must be used within the time specified on the Voucher, or it will no longer be valid (and you will not be entitled to a refund). If you fail to arrive at the Merchant within the time specified, you will forfeit your Voucher and we will not provide a refund.

10.7 Vouchers may be restricted to a maximum number. You will be informed of this at the point of purchase.

10.8 It is your responsibility to check your Vouchers. If you have made a mistake it cannot always be rectified after purchase. Please check your Voucher(s) on receipt carefully and contact us immediately prior to the Offer if there is a mistake, or if you have not received your Voucher(s).

10.9 It is your responsibility to ascertain whether an Offer has been cancelled or re-scheduled and the date and time of the re-scheduled Offer. We will use reasonable endeavours to notify you of a cancelled or re-scheduled Offer but we do not guarantee you will be informed of such cancellation before the time for the Offer.

10.10 Vouchers may be Purchased by clicking on the Offers you wish to Purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the "Confirm Booking" button within the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff.

10.11 Where a concession is claimed, proof of identity and concession entitlement (for example of age or student status) may be required.

10.12 Once submitted, your order constitutes an offer to Purchase a Voucher. All orders are subject to acceptance by us. We are not obliged to accept your order and may, in our discretion, decline to accept any order. Where we accept your order, we will confirm such acceptance to you by sending you an email that confirms that we have accepted your order and providing details of your Voucher. Notwithstanding our acceptance, we may immediately terminate or suspend the Purchase (and suspend or void the Voucher) if subsequently your payment details are found to be invalid or lack funds by our payment provider, or we or our payment provider reasonably suspect fraudulent behaviour linked with your account.

10.13 Counterfeiting, copying, sale, resale or trade of a Voucher is prohibited. If you attempt to do this we reserve the right to void the Voucher and cancel your account.

10.14 Your Voucher remains the property of the Merchant and is a personal revocable licence which may be withdrawn and admission refused at any time upon refunding the printed purchase price.

10.15 Our Merchants may prohibit us from issuing exchanges or refunds after a Purchase is made, or for lost, stolen, damaged or destroyed Vouchers. It is your responsibility to keep your Vouchers safe, whether in digital or paper formats.

10.16 We may limit the amount of Vouchers you can buy to an Offer. We reserve the right, on reasonable suspicion, to cancel without notice or liability to you any order for Vouchers purchased over any specified limits or if we reasonably suspect fraudulent conduct in connection with the Purchase.

10.17 A Voucher shall not be used for advertising, promotions, contests or sweepstakes without the Merchant's and Gainly Ltd’s written consent.

10.18 Vouchers are sold subject to the Merchant’s right to alter or vary the Offer terms due to circumstances beyond its reasonable control without being obliged to refund monies or exchange Vouchers other than in certain cases set out in our refunds policy.

10.19 The Merchant may refuse or revoke admission should you or your guests breach any terms and conditions of the Offer or Merchant, or otherwise upon reasonable grounds. It is at the Merchant’s discretion to admit latecomers, but admission cannot be guaranteed. You only have the right to products or services corresponding to those stated on the Voucher, but the Merchant reserves the right to provide alternative products or services of equivalent value to those stated on the Voucher.

11. PRICE AND PAYMENT

11.1 The price of Vouchers is as quoted on the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff from time to time. Prices include VAT, if applicable.

Prices are liable to change at any time, but changes will not affect Purchases in respect of which we have already sent you an email confirmation.

11.2 Payment for all orders must be made by credit or debit card by entering such information in the Settings part in the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff or as part of the booking process.

11.3 You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

13. OUR REFUNDS POLICY

13.1 Purchases for Vouchers cannot be exchanged or refunded, except in the following circumstances:

(a) If we discover an error in the price of the Vouchers you have ordered, we will use reasonable endeavours to inform you as soon as possible and allow you to either reconfirm your order at the correct price (crediting or debiting your account as applicable), or cancel your order. If you choose to cancel, you will receive a full refund from us if you've already paid. If we are unable to contact you, this will be treated as a cancellation.

(b) If an Offer is cancelled, or there is a material change to the subject matter of the Voucher contract, we will give you a full refund of at least the face value price paid or, if the face value has been reduced by the Merchant, the discounted face value price paid. A 'material' change is one which, in our reasonable opinion, makes the Offer materially different to what a purchaser of the Offer could reasonably expect. Where an outdoor Offer is cancelled or re-scheduled because of the weather, we shall not be liable to pay a refund but you may still be eligible for a refund direct from the Merchant according to the terms and conditions of the Merchant applicable to the Purchase. In order to claim your refund, please contact us as soon as possible after becoming aware of such change or cancellation, or where the Offer has been re-scheduled, at least prior to the re-scheduled Offer. In any event, you must apply within one month of the original date of the Offer.

13.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

You may reject a credit or refund within 30 days of receiving the credit or refund, but if you do not reject the credit or refund by notifying us within that timeframe you will be deemed to have  accepted the credit or refund in full and final settlement of any and all claims, actions, demands and proceedings you may have against Gainly Ltd and the Merchant arising out of the Voucher or Purchase for which you received the credit or refund.

13.3 Nothing in these Terms limits or takes away from your legal rights under general law, including your rights to cancel contracts within seven (7) days and receive refunds for goods and/or services purchased by distance means. This cancellation right does not apply to contracts for the provision of accommodation, transport, catering or leisure services on a specific date or within a specific period. As such, Purchases made via the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff are generally non-cancellable and non-refundable, although you may be entitled to a refund in certain circumstances (see our Refunds Policy).

14. OUR SERVICE STANDARDS

14.1 We warrant that we will exercise reasonable care and skill in performing our obligations under these Terms. Provided we have done so, we shall not be liable for errors or omissions, although we do, however, issue credits and refunds in limited circumstances (see our Refunds Policy). In the event of an error or omission we will use reasonable endeavours to correct any errors or omissions as soon as reasonably practicable after we become aware.

14.2 Except as expressly stated in these Terms, all warranties, conditions or other terms, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law. This does not stop you from exercising your legal rights under general law to the extent that we cannot lawfully exclude them, or claiming any remedies you might be entitled to under general law.

15. OUR LIABILITY

15.1 Nothing in these Terms shall limit or exclude our liability to you:

•                for death or personal injury caused by our negligence;

•                for fraudulent misrepresentation;

•                for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;

•                under Part I of the Consumer Protection Act 1987; or

•                for any other liability that may not, under English law, be limited or excluded.

15.2 Subject to this, in no event shall we be liable to you for any business losses (and loss of profits shall always be treated as a type of business loss) and any liability we do have for losses you suffer arising from any Purchases shall not exceed 100% of the aggregate amount spent on the Purchase for the relevant Voucher(s). Further, our liability to you for any and all losses however they arise in connection with these Terms and your use of the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff (including any Purchases) is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

15.3 Other than as expressly described in these Terms, Gainly Ltd does not undertake to provide the Offers for which Vouchers are issued, nor does it give any warranty in respect of the quality, safety, usability or any other aspect of the Offers. We do, however, issue credits and refunds in limited circumstances (see our Refunds Policy).

15.4 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that are caused by events outside our reasonable control.

15.5 Where photos or pictures are displayed they are intended to be purely representative of the Merchant or Offer. Your actual experience may vary.

16. SUSPENSION AND TERMINATION

16.1 We may suspend or terminate all or part of your use of the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff, your account and/or a Purchased Voucher if you use (or permit anyone other than you to use) the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff, your account or a Purchased Voucher in breach of these Terms and we do not reasonably consider that your breach can be resolved, or if it can be resolved you have failed to resolve it to our reasonable satisfaction after we have asked you to do so and given you a reasonable opportunity to do so.

16.2 Termination shall not prejudice any other right or remedy you or we may have in respect of accrued rights (including rights in respect of any breach) or liabilities which arose prior to termination.

17. GENERAL

17.1 These Terms are personal to you. You may not transfer or assign any or all of your rights or obligations under these Terms to any other person without our consent.

17.2 All notices given by you to us must be given in writing and by post to the address set out at the end of these Terms and also by email. We may give notice to you at either the email or postal address you provide to us when placing an order. Notices given in writing by post must be sent by first class post and will be deemed to be served on the fourth day after posting.

17.3 If we fail to enforce any of our rights, it does not result in a waiver of that right.

17.4 If any provision of these Terms is found to be unenforceable, that provision shall be struck out and where capable all other provisions shall remain in force unaffected.

17.5 These Terms may not be varied except in accordance with 1.3 above.

17.6 These Terms and any document expressly referred to in them constitute the entire agreement between you and us about the subject matter of these Terms and, in relation to such subject matter, supersedes and extinguishes all earlier understandings and agreements between you and us.

17.7 All provisions of these Terms apply equally to and are for the benefit of Gainly Ltd and the Merchants at any relevant time and each shall have the right to enforce such provisions directly or on its own behalf (save that these Terms may be varied or rescinded by us without the consent of the group members and the Merchants). Subject to the previous sentence and to 19.2 and 20.2 below, no term of this Agreement is otherwise enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.

17.8 These Terms (and all non-contractual relationships between you and us) shall be governed by English law, and you agree that any dispute between you and us regarding them or any Purchase will only be dealt with by the nearest courts in England and Wales (nearest to where you reside).

18. DISPUTE RESOLUTION

18.1 In the first instance we request that you contact us if you have a complaint against us and we shall try to resolve it.

18.2 Nothing limits your right to bring a complaint against us by applying to your nearest court in England and Wales.

19. ADDITIONAL TERMS RELATING TO APPLE

If you download, access and/or use the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff on Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff’s iOS operating system:

19.1 The Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff may only be accessed and used on a device owned or controlled by you and using Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff’s iOS operating system, and only in accordance with Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff’s usage rules published in its Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff Store terms of service;

19.2 You acknowledge and agree that:

a) Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff has no obligation at all to provide any support or maintenance services in relation to the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff. If you have any maintenance or support questions in relation to the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff, please contact us, not Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff, using the details in these Terms;

b) Except as otherwise expressly set out in these Terms, any claims relating to the possession or use of the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff are between you and us (and not between you, or anyone else, and Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff);

c) In the event of any claim by a third party that your possession or use (in accordance with these Terms) of the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff infringes any intellectual property rights, Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff will not be responsible or liable to you in relation to that claim; and

d) Although these Terms are entered into between you and us (and not Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff), Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff, as a third party beneficiary under these Terms, will have the right to enforce these Terms against you;

19.3 You represent and warrant that:

a) You are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country; and

b) You are not listed on any United States Government list of prohibited or restricted parties.

19.4 If the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff does not conform to any warranty applying to it, you may notify Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff, which will then refund the purchase price of the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff (if any) to you. Subject to that, and to the maximum extent permitted by law, Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff does not give or enter into any warranty, condition or other term in relation to the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff or as a result of you or anyone else using the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff or relying on any of its content.

20. ADDITIONAL TERMS RELATING TO GOOGLE

If you download, access and/or use the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff on Google’s Android operating system:

20.1 The Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff may only be accessed and used on a device owned or controlled by you and using Google’s Android operating system, and only in accordance with Google’s usage rules published in its Google Play terms of service;

20.2 You acknowledge and agree that:

a) Google has no obligation at all to provide any support or maintenance services in relation to the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff. If you have any maintenance or support questions in relation to the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff, please contact us, not Google, using the details in these Terms;

b) Except as otherwise expressly set out in these Terms, any claims relating to the possession or use of the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff are between you and us (and not between you, or anyone else, and Google);

c) In the event of any claim by a third party that your possession or use (in accordance with these Terms) of the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff infringes any intellectual property rights, Google will not be responsible or liable to you in relation to that claim; and

d) Although these Terms are entered into between you and us (and not Google), Google, as a third party beneficiary under these Terms, will have the right to enforce these Terms against you;

20.3 You represent and warrant that:

a) You are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country; and

b) You are not listed on any United States Government list of prohibited or restricted parties.

20.4 If the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff does not conform to any warranty applying to it, you may notify Google, which will then refund the purchase price of the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff (if any) to you. Subject to that, and to the maximum extent permitted by law, Google does not give or enter into any warranty, condition or other term in relation to the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff or as a result of you or anyone else using the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff or relying on any of its content.

21. CONTACT US

Please submit any questions you have about these Terms, an order you have placed or purchasing in general by email to hello@getawriggleon.com or write to us at:

Wriggle
36 King Street
Bristol BS1 6QH

 


WRIGGLE PRIVACY POLICY

WEBSITE AND APP PRIVACY AND COOKIES POLICY

This is the privacy and cookies policy for www.getawriggleon.com and the Wriggle application. For the purposes of this privacy policy, both the website and application shall be referred to as the "Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff". The Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff is operated by Gainly Limited, trading as Wriggle (we, us and our). For the purposes of the Data Protection Act 1998, we are the data controller.

We are committed to protecting your privacy online. We appreciate that you do not want the personal information you provide to us distributed indiscriminately and here we explain how we collect information, what we do with it and what controls you have.

By using the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff, you consent to the collection and use of information in accordance with this privacy policy.

We reserve the right to change this privacy policy from time to time by changing it on the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff. This privacy policy was last updated on 4 March 2014.

INFORMATION WE MAY COLLECT FROM YOU

We may collect and process the following information about you:

•                information (such as your name, email address, postal address and telephone number) that you provide by completing forms on the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff, including if you register as a user of the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff, subscribe to any service, upload or submit any material via the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff, request any information or enter into any competition or promotion we may sponsor;

•                in connection with an account sign-in facility, your password and log-in details;

•                your preferences, which helps us provide you with more tailored offers;

•                details of any transactions made by you through the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff;

•                communications you send to us, for example to report a problem or to submit queries, concerns or comments regarding the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff or its content;

•                information from surveys that we may, from time to time, run on the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff for research purposes, if you choose to respond to them;

•                details of your visits to the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff, the resources you access and any data you download;

•                if you make any purchases, your financial information (like your credit or debit card numbers);

•                non-personal data. For purposes of this privacy policy, “non-personal data” means information that does not directly identify you. Additionally, non-personal data means “aggregate” and “de-personalized” information, which is data we collect about the use of Wriggle's services, from which any personally identifiable data has been removed. We may use tools or third party analytical software to automatically collect and use certain non-personal data that does not directly enable us to identify you. The types of non-personal data we may collect and use include, but are not limited to: (i) device properties, including, but not limited to IP address, Media Access Control (“MAC”) address and unique device identifier or other device identifier ("UDID"); (ii) device software platform and firmware; (iii) mobile phone carrier; (iv) geographical data such as post code and coarse location; (v) other non-personal data as reasonably required by Wriggle to enhance our products and services.

•                information obtained from your social networking profile, if you log-in via a social networking site.

You are under no obligation to provide any such information. However, if you should choose to withhold requested information, we may not be able to provide you with certain services.

USES MADE OF YOUR INFORMATION

We will use the information you provide to:

•                help us to build a profile of your preferences so we can offer you offers and services you are interested in;

•                enable us to process your orders and to provide you with the services and information offered through the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff and which you request;

•                administer your account with us;

•                verify and carry out financial transactions in relation to payments you make through the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff;

•                share with third parties necessary to process your transactions with us, such as credit card companies and banks;

•                share with our merchants for the purposes of redeeming the tickets you purchase from the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff;

•                exchange information with other companies for fraud protection and credit risk reduction;

•                contact you by post, phone or email when necessary to discuss the transactions entered into by you on the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff;

•                audit the downloading of data from the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff;

•                improve the layout and/or content of the pages of the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff and customise them for users;

•                identify visitors to the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff;

•                carry out research on our users' demographics and tracking of sales data;

•                share with social networking sites at your request; and

•                disclose to lawful authorities when required to do so by law.

We will also use information you provide to us for the purposes of contacting you with information or offers regarding upcoming events, products, services or surveys. This shall only be done with your consent and our direct marketing policy which is explained in full below.

ADDITIONAL INFORMATION

When you visit the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff, we may automatically collect additional information about you, such as the type of phone or operating system you use and, if you came to the website, the type of internet browser you use and the website from which you have come to the site. Also, depending on whether you access Wriggle on your PC or via your mobile device, we will collect your IP address (the unique address which identifies your home computer on the internet) or the unique identifier (which is linked to your mobile device) which are automatically recognised by our servers. You cannot be identified solely from this information and it is only used to assist us in providing an effective service on the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff and to collect broad demographic information for aggregate use.

The website uses cookies to store certain information. Cookies are pieces of information that a website transfers to your hard drive to store and sometimes track information about you. Although they do identify a user's device, cookies do not personally identify users. Cookies are specific to the server that created them and cannot be accessed by other servers, which means they cannot be used to track your movements around the internet.

For more information about how we use cookies and other tracking devices, please refer to our Cookie Policy.

INFORMATION SHARING

We may disclose aggregate statistics about visitors to the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff, customers and sales in order to describe our services to prospective partners, advertisers, potential merchants and other reputable third parties and for other lawful purposes, but these statistics will include no personally identifiable information.

We may disclose your personal information to any of our affiliates, or to our agents or contractors who assist us in providing the services we offer through the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff, processing transactions, fulfilling requests for information, receiving and sending communications, updating marketing lists, analysing data, providing support services or in other tasks, from time to time. Our agents and contractors will only use your information to the extent necessary to perform their functions.

In the event that we undergo re-organisation or are sold to a third party, you agree that any personal information we hold about you may be transferred to that re-organised entity or third party.

We may disclose your personal information if required to do so by law or if we believe that such action is necessary to prevent fraud or cyber crime or to protect the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff or enforce the terms under which you transact with us or enforce the rights, property or personal safety of any person.

PUBLIC FORUMS

The Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff may, from time to time, make public forums available to its users. Any information that is disclosed in these areas becomes public information and you should exercise caution when using these and never disclose your personal information.

EXTERNAL LINKS

The Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff may, from time to time, contain links to external sites. We are not responsible for the privacy policies or the content of such sites.

PAYMENT PROCESSING

Payment details you provide will be encrypted using industry standard 128 bit secure sockets layer (SSL) technology before they are submitted to us or our payment partners over the internet. Payments made on the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff are made through our payment solutions providers, Stripe (our "PSP"). You will be providing credit or debit card information directly to the PSP which operates a secure server to process payment details, encrypting your credit/debit card information and authorising payment. We do not store your credit card number or security code on our servers, though it may transit through our servers as it passes to PSP. Information which you supply to our PSP is not within our control and is subject to PSP's own privacy policy and terms and conditions.

MARKETING TO YOU

We may send you information we think you may find useful or which you have requested from us by push notification and/or (if you provide us with your e-mail address) by e-mail, including information about the latest or upcoming events featured on the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff, provided you have indicated that you do not object to being contacted for these purposes and we will always give you the option to opt-out of receiving further e-mails or push notifications by following the unsubscribe instructions on any communications sent to you.

Additionally we may allow, if you consent by opting-in to receive such information and offers, carefully selected third parties to send you information directly which you may find useful regarding their products and services.

You can tell us not to contact you with information regarding the products or services of third parties, or to share your details with third parties so that they can directly send you information regarding their products and services, either at the point such information is collected on the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff (by checking the relevant box), or where you do not wish us to continue to use your information in this way by following the unsubscribe instructions on any communications sent to you.

You can also exercise this right at any time by contacting us using the contact details at the end of this privacy policy.

When you purchase a voucher from Wriggle, you may at that time be offered an opportunity to purchase third party products or services or enter third party promotions or loyalty programmes. If you expressly consent to purchase those products or services or enter into the promotions or programmes you authorise us to share your name, e-mail address and, where necessary and only where you have consented for us to do so, your financial and billing details with that third party merchant. The use of your personal information will be governed by the terms of that merchant's own terms of supply and privacy policy, so ensure that you read the relevant terms and privacy policy carefully before you agree to purchase from, or participate with that third party merchant.

YOUR LOCATION DATA

In order to get the most out of our service and to allow us to provide you with tailored offers, we need to process your approximate location from time to time. The types of location data that will be processed are your latitude, longitude, cell tower ID, etc. Your location data will only be processed for as long as necessary in order for us to respond to your request for tailored offers. After this the data will be deleted. The location data may be transferred to our merchants for the purpose of providing you with the best offers at that time to match your preferences.

You can choose not to allow us to process your approximate location at the time you connect to the app, or any time after that either by changing the settings on your mobile device or by contacting us using the contact details at the end of this privacy policy. Please note that if you choose not to allow us to process your location data, we will not have enough data in order to provide you with the full benefit of our service (e.g. a list of tailored offers matched to your approximate location).

SECURITY

We place great importance on the security of all personally identifiable information associated with our users. We have security measures in place to attempt to protect against the loss, misuse and alteration of personal information under our control. For example, our security and privacy policies are periodically reviewed and enhanced as necessary and only authorised personnel have access to personal information. Whilst we cannot ensure or guarantee that loss, misuse or alteration of information will never occur, we use all reasonable efforts to prevent it.

You should bear in mind that submission of information over the internet is never entirely secure. We cannot guarantee the security of information you submit via the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff whilst it is in transit over the internet and any such submission is at your own risk.

STORAGE OF YOUR INFORMATION

Information that you submit via the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff is sent to and stored on secure servers located in the United Kingdom and other European Economic Area countries. This is necessary in order to process the information. Information submitted by you may be transferred by us to our other offices and/or to the third parties mentioned in the circumstances described above, which may be situated outside the European Economic Area and may be processed by staff operating outside the European Economic Area. By submitting information via the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff, you agree to this storing, processing and/or transfer.

YOUR RIGHTS

You have a legal right under the Data Protection Act 1998 to a copy of all the personal information about you held by us. On request, we will provide you with a copy of this information subject to a fee not exceeding £10. You also have a right to correct any errors in that information. As mentioned above, you have a right to prevent the use of your personal information for direct marketing purposes.

WRIGGLE COOKIES POLICY

When you interact with the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff, we try to make that experience simple and meaningful. When you visit our Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff our Web server sends a cookie to your computer or mobile device (depending on how you access the site). Cookies are small pieces of information which are issued to your computer when you visit a website and which store and sometimes track information about your use of the site. A number of cookies we use last only for the duration of your web session and expire when you close your Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff. These are known as session cookies. Other cookies are used to remember you when you return to the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff and will last for longer. These are known as persistent cookies.

We use cookies to:

•                remember that you have visited us before; this means we can identify the number of unique visitors we receive. This allows us to make sure we have enough capacity for the number of users that we get;

•                customise elements of the promotional layout and/or content of the pages of the site; and

•                collect statistical information about how you use the site so that we can improve the site and learn which parts of the website are most popular to visitors.

Some of the cookies used by our Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff are set by us, and some are set by third parties who are delivering services on our behalf. For example, social networking sites.

Most web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browser. Please note however, that by blocking or deleting cookies used on the site you may not be able to take full advantage of the Restaurant, Cafe and Bar Discovery Tool for Bristol, Brighton and Cardiff if you do so.

In addition to cookies, tracking Gifs may be set by us or third parties in respect of your use of the site. Tracking Gifs are small image files within the content of our site or the body of our newsletters so we or third parties can understand what parts of the website are visited or whether particular content is of interest.

Please also look at our privacy policy which gives details about how we use any personal information you give us.

CONTACTING US

Please submit any questions, concerns or comments you have about this privacy policy or any requests concerning your personal data by email to hello@getawriggleon.com or write to us at:

Wriggle
36 King Street
Bristol BS1 6QH