Pitcher & Piano

Pitcher & Piano

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Terms & conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

These terms tell you the rules for using our website www.pitcherandpiano.com.

WHO WE ARE AND HOW TO CONTACT US

Our site operated by Pitcher & Piano (“We”) a trading division of Marston’s PLC a company registered in England and Wales. Our company registration number is 00031461 and our registered office is at Marston’s House, Brewery Road, Wolverhampton WV1 4JT. Our registered VAT number is GB100019352.

Our main trading address is 4th Floor, 36 Bennetts Hill, Birmingham, B2 5SN.

To contact us, please email alice@pitcherandpiano.com

ACCEPTANCE

By using our site you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not use our site. We recommend that you print a copy of these terms for future reference.

OTHER TERMS

These terms of use refer to the following additional terms, which also apply to your use of our site:

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 25/02/2019.

AVAILABILITY

We may suspend or withdraw our site. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Our site is directed to people residing in the United Kingdom and where alcohol is advertised, to persons aged 18 or over. We do not represent that content available on or through our site is appropriate for use or available in other locations.

REGISTERING WITH US

If you register for an account on the site, you must keep your account details safe and treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any account, at any time. If you know or suspect that anyone other than you knows your login details, you must promptly notify us by using the Contact Details.

EAT OUT TO HELP OUT

Terms and Conditions – Aug 2020

1- We are pleased to confirm that we are participating in the Government’s ‘Eat Out to Help Out’ scheme throughout August 2020.

2- The offer is valid every Monday, Tuesday and Wednesday from 3 to 31 August 2020 during our normal trading hours.

3 - The offer entitles guests to 50% off the total bill for all food and non-alcoholic drinks. You can use the offer as many times as you like in consecutive visits, and no voucher is required as the discount will be automatically applied.

4 - There is no minimum spend and all guests in a group of any size can use the discount.

5 - This offer cannot be used at the same time as any other valid offer, promotion, discount or gift voucher including the Marston’s Privilege Card.

6 - Please note the non-alcoholic element of any cocktails, or any Gin & Tonic serves listed in the menu are excluded from this offer.

7 - This offer is only available for dining-in options, therefore any takeaway orders including Click & Collect and Deliveroo (where applicable) are excluded.

8 - The offer is not available via Order & Pay on your mobile; please order from a member of our team instead to take advantage of the discount.

9 - We reserve the right to amend these terms and to remove participating sites at any time. Please note, if a site is required to close as a result of a local lockdown, it may still appear on the Government’s restaurant finder tool, but the site will not be open.

ORDER AT TABLE & CLICK AND COLLECT

Terms and conditions for the order at table and click & collect services (each a “Service” together the “Services”) offered by Marston’s PLC and its group and associated companies (the “Company”)

  1. Terms

• These terms and conditions should be read in conjunction with our Privacy Policy https://www.pitcherandpiano.com/privacy and Terms of Use https://www.pitcherandpiano.com/terms (together the “Terms”) which govern your use of the https://www.order.pitcherandpiano.com (the “Website”) and the Services.

• By visiting the Website and using the Services, you agree to be bound by and to observe the Terms. If you do not accept the Terms, you should navigate away from the Website immediately and you will not be able to use the Services.

• We reserve the right to change the Terms from time to time and the latest versions will always be available on our Website.

• The Company’s registered office is at Marston’s House, Brewery Road, Wolverhampton WV1 4JT. If you have any questions about these Terms or any of our offers or promotions, please get in touch via the “Contact Us” section on the Website.

  1. Services and placing Orders

• We provide an online order at table and takeout services at participating outlets, enabling you to communicate your orders (“Orders”) for our food and drink (“Products”) for eating in or collection.

• We will do our best to satisfy all Orders, but all Orders are subject to availability and service is at the manager’s discretion. Where an ordered item is unavailable, wherever possible, an alternative Product or refund will be offered.

• In order to use the Services and Order Products, the following requirements must be met:

• If alcoholic or age-restricted products are purchased, you (and any intended consumer) must be aged 18 or over and be able to provide valid ID, on request.

• All Orders require payment in advance and the Website requires either a valid PayPal account or suitable payment card to accept and process Orders.

• Admission and service at participating outlets are subject to licensing laws and any additional requirements relating to health and safety, including social distancing. These requirements will be clearly signposted. If you have any questions, or concerns, you should ask to speak to the manager of the outlet. Service is at the manager's discretion. In particular, service or access may be refused, or any other decision made, which is aimed at promoting or adhering to the licensing or safety objectives, including promoting any internal or pub-specific policies/procedures.

• If your preferred payment method is not authorised, your Order will not be communicated to the outlet. You should check that payment has been successfully made before attending the outlet to collect your Order.

• If for some reason you are not able to use the Website, you will still be able to place your order at the bar.

• You can only place an Order for collection on the same day, either for the next available collection time or for a specified time later in the same day. Next day or further advance orders are not accepted.

• To place an Order, follow the instructions on the Website. Once the Order is confirmed and payment processed, please make a note of your order number. You will be asked for this when you collect your Order at the Outlet.

  1. Order amendments and refunds

• Please check that all of information you enter on the Website when placing your Order is correct and revise any errors before submitting and paying for your Order. Unfortunately, we are unable to change any Orders, or correct any user errors, once payment has been processed. To add additional items to your Order, please create a new order.

• If your Order is refunded, in whole or part, owing to product/offer availability or for another reason, refunds will be processed using the same payment method as soon as possible and in any event within 10 days.

  1. Collecting your take-out Order

• Please arrive at the outlet at the time you selected to collect your order. Please make yourself known to one of the team and tell them the name under which the Order was placed and the order number.

• We will do our best to adhere to all collection times, but any times given are estimates only and no guarantee can be given.

• Please be respectful of the health and safety of other customers and the staff in the outlets by observing any safety measures in place, including social distancing.

  1. Menus (including allergens)

• If you have an allergy or intolerance, please speak to a member of our team before you order your food and drinks.

• Due to the way our food is prepared it is not possible to guarantee the absence of allergens in our meals and we do not make a “free from” claim. We only state allergens if they are an ingredient of a product. We do not include any “May contain” information. Please speak to a member of staff should you have any concerns.

• Full allergen information is available at the bar. We source fish from sustainable sources. (V) dishes are suitable for vegetarians and (VE) dishes are suitable for vegans. If you see an asterisk (*) next to any (V) or (VE) dish, we cannot guarantee that these dishes have been cooked in dedicated fryers. Where we state a weight, it’s a raw weight and 1oz equals approximately 28 grams. We regret that we cannot guarantee that our fish and chicken dishes do not contain bones. For any more information on our menu, please ask a member of our team.

  1. Offers and Promotions

• Where any Order includes an offer or promotion offered by an outlet, the terms and conditions relating to such offer or promotion will apply in full.

• Unfortunately, some offers will not be available for online ordering or click & collect as part of the Services, including the following:

• Free drink / Free Dessert vouchers

• 2for1 on cocktails

• Privilege card discounts

• This list is non-exhaustive and may be added to. Thank you for your understanding. Offers may be able to be processed when ordering at the bar. Please speak to a member of staff.

• We encourage responsible drinking. For the facts, visit www.drinkaware.co.uk.

HOW YOU MAY USE MATERIAL ON OUR SITE

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use but you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

TRADEMARKS Our trademarks are registered. You are not permitted to use them without our approval.

DO NOT RELY ON INFORMATION ON THIS SITE The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

UPLOADING CONTENT TO OUR SITE This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values. Whenever you make use of a feature that allows you to upload content to our site, you warrant that any such contribution is lawful, decent, and not discriminatory or harmful in any way and does not infringe our rights, or any third party rights. You will be liable to us and indemnify us for any breach of that warranty or any inappropriate content you might upload. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site. You are solely responsible for securing and backing up your content.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

Whether you are a consumer or a business user: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user: · We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it. · We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: • use of, or inability to use, our site; or • use of or reliance on any content displayed on our site. · In particular, we will not be liable for: • loss of profits, sales, business, or revenue; • business interruption; • loss of anticipated savings; • loss of business opportunity, goodwill or reputation; or • any indirect or consequential loss or damage.

If you are a consumer user: · Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. · If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. How we may use your personal information

UPLOADING CONTENT TO OUR SITE Whenever you make use of a feature that allows you to upload content to our site, you warrant that any such contribution is lawful, not discriminatory or harmful in any way and does not infringe the rights of us, or any third party. You will be liable to us and indemnify us for any breach of that warranty or any inappropriate content you might upload. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site. You are solely responsible for securing and backing up your content.

BUGS AND ERRORS We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. RULES ABOUT LINKING TO OUR SITE You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

If you wish to link to or make any use of content on our site other than that set out above, please get in touch using the Contact Details. WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES? If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Schedule 1: Group Bookings

1 Payment terms.

1.1 Payment of a deposit. Subject to clause 3.4 of the terms to which this schedule is attached, you must pay a deposit in line with the following: 1.1.1 For Group Booking of 5-9 rooms: you must pay in full at least 14 days before arrival; and 1.1.2 For a Group Booking of 10 or more rooms: you must a deposit of at least 50% of the total charges due under the Group Booking at least 28 days prior to the date on which your Group Booking is booked to begin and the remaining balance at least 14 days before arrival. That deposit is non-refundable.

1.2 Rates and commission. For the avoidance of doubt, the rates quoted in respect of your Group Booking are applicable for your specific Group Booking only and are personal to you. Your Group Booking cannot be assigned to a third party.

2 Names of guests. You must provide us with the names of all guests staying at our premises under your Group Booking at least 3 days prior to the date that you Group Booking is booked to begin.

3 Cancellation guarantee. Subject to paragraph 1.1 of this Schedule, no additional charges shall be payable by you if you cancel your Group Booking more than 15 days prior to the date on which your Group Booking is due to begin. If you cancel your Group Booking in whole or in part any time within 14 days of the date on your Group Booking is due to begin, you will be required to pay the charges due for the first night’s stay in respect of the part of the Group Booking that is cancelled. All charges for any part of the Group Booking that is not cancelled shall remain payable. Clause 8.4 of the terms to which this schedule is attached shall not apply. For the avoidance of doubt, this shall not apply to function room hire.

4 Your responsibility. You will remain responsible for the acts and omissions of all guests staying under a Group Booking, in accordance with clause 17.6 of the terms to which this schedule is attached.

5 Tour Operators. Neither you nor any member of your group may re-sell, transfer all or part of your Booking (or agree to do so) as part of a commercial enterprise or other. We reserve the right to cancel any bookings made if we suspect it breaches this Schedule (or our terms). Schedule 2: Student Group Bookings

1 Payment terms. 1.1 Payment of a deposit. Subject to clause 3.4 of the terms to which this schedule is attached, you must pay a deposit in line with the following: 1.1.1 For Student Group Bookings of 5-9 rooms: you must pay in full at least 14 days before arrival; and 1.1.2 For a Student Group Bookings of 10 or more rooms: you must a deposit of at least 50% of the total charges due under the Group Booking at least 28 days prior to the date on which your Student Group Booking is booked to begin and the remaining balance at least 14 days before arrival. That deposit is non-refundable.

1.2 Student to adult ratios. All groups of school or college students staying in accommodation organised by their school or college must be accompanied by sufficient numbers of competent adults at all times, and as follows (as a minimum): 1.2.1 1 adult for every 6 students for school years 1-3 (ages 4-8); 1.2.2 1 adult for every 10-15 students for school years 4-6 (ages 8-11); and 1.2.3 1 adult for every 15-20 students for school years 7-13 (ages 11+).

2 First aiders. At least one adult per each Booking must have adequate first aid qualifications for the age group of students staying in the accommodation.

3 Booking. You must provide us with the names of all guests staying at our premises under your Student Group Booking at least 3 days prior to the date that you Student Group Booking is booked to begin.

4 Cancellation guarantee. Subject to paragraph 1.1 of this Schedule, no additional charges shall be payable by you if you cancel your Student Group Booking more than 15 days prior to the date on which your Group Booking is due to begin. If you cancel your Student Group Booking in whole or in part any time within 14 days of the date on your Student Group Booking is due to begin, you will be required to pay the charges due for the first night’s stay in respect of the part of the Student Group Booking that is cancelled. All charges for any part of the Student Group Booking that is not cancelled shall remain payable. Clause 8.4 of the terms to which this schedule is attached shall not apply. For the avoidance of doubt, this shall not apply to function room hire.

5 Your responsibility. You will remain responsible for the acts and omissions of all students staying under a Student Group Booking, in accordance with clause 17.6 of the terms to which this schedule is attached.

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