Terms & Conditions
These Terms and Conditions were last updated on 26th March 2023.
You must read and agree to these terms and conditions by tickling the box before downloading and using the app.
Before you use the App
You must not copy or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn not try to translate the app into other languages or make derivative versions. The app itself, and all the trademarks, copyright, database rights, and other intellectual property rights related to it, still belong to Book Enigma Ltd.
Book Enigma Ltd is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge its services, at any time and for any reason.
We will never charge you for the app or its services without making it very clear to you exactly what you are paying for.
The Book Enigma app stores and processes personal data that you have given to us so we can provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore strongly recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Book Enigma app will not work properly or at all.
The app uses third-party services that have their own Terms and Conditions which you must adher too. In this situation our Terms and Conditions will still apply for the use of our App.
Link to Terms and Conditions of third-party service providers used by the app:
To operate the App fully you must make sure you have an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider, but Book Enigma Ltd cannot take responsibility for the app not working at full functionality if you do not have access to Wi-Fi, and you do not have any of your data allowance left.
If you are using the app outside an area with Wi-Fi, you should remember that the terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third-party charges. When you use our App you agree to accept responsibility for any such charges, including roaming data charges if you use the app outside your home territory (i.e. region or country) without turning off data roaming.
If you are not the bill payer for the device on which you are using the app you agree and confirm that you have received permission from the bill payer to use the app.
Furthermore,, Your are responsible for the way you use the app, for example, but not limited to, making sure that your device stays charged – if it runs out of battery and you can’t turn it on to use the Service, Book Enigma Ltd cannot accept responsibility for such cases which are under your control.
When you are using the app, it is important to bear in mind that although we endeavor to ensure that it is updated and correct at all times, we may rely on third parties to provide information to us so that we can make it available to you, However, Book Enigma Ltd are not responsible for any third party actions or any third party information and accepts no liability for any loss, direct or indirect, that you may experience as a result of relying wholly on this functionality of the app.
At some point, we may need to update the app. The app is currently available on Android & iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the app to) may change, and you wil need to download the updates if you want to keep using the app. Book Enigma Ltd does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you must agree to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
Our Services
We operate a Reservation app where Customers can make reservations for a restaurant table. However, Our Services are different to other Table Reservation websites or apps.
The Customer makes a “blind” booking where they do not choose the restaurant. Instead, they will be informed which restaurant has been chosen for them three hours before the reservation time by email. The choice is made for them following the criteria they have given us.
The Customer pays a £10.00 Service fee which is purely a payment for the Services provided by Book Enigma only. Payment is made from our App using secure payment processes facilitated by Stripe Ltd.
Definitions
“Book Enigma” means the company that owns and runs this App and provides the Reservation Service.
“Reservation Date” means the specific date that the Client has reserved the table for.
“Customer” means a User of our App who intends or has paid for our Services on display on our App.
“Reservation” or “Table Reservation” means the table you have reserved at a restaurant when you use our Service.
“Service Fee” means the fee you pay us for the Service of reserving a table in a restaurant for you.
“Service” or “Services” means the Service provided by Book Enigma of reserving restaurant tables for Customers.
“App” means our mobile app owned and operated by Book Enigma.
“User”, “You”, and “Your” (or in lower case) means App Users, Customers, and any other users of the app.
“User” means anyone who uses our App.
“We”, “Us”, and “Our” (or in lower case) means Book Enigma.
Using our App
To access or use our App, You must be 18 years of age or older and have the necessary power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the App. Information provided on the App and related to Services for sale or their description or any other information is subject to change. Book Enigma gives no guarantee that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Book Enigma disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
It is agreed as follows:
1. Payment and Charges
1.1.You agree to pay all costs and charges related to the Service You have ordered set out on our App and to use the appropriate payment facilities and secure processes presented on our App operated by Stripe Ltd and that you agree to read and comply with their terms and conditions relating to payments.
1.2.Prices and costs may change from time to time in the normal course of business practice.
1.3.The fee per Reservation is £10.00 for 1-6 people.
1.4.The Service Fee is paid for the Reservation Services provided by us and is not a fee paid to the restaurant.
1.5.The maximum number of people per Reservation is 6.
1.6.You have the option of choosing between two price ranges for the restaurant, either mid-range or higher-range dining price.
1.7.You agree that we may charge you a cancellation fee for cancelling within 24 hours or not showing up which will be charged against your credit or debit card.
2. Reservation Process and Requirements
2.1.You agree to follow the Reservation processes and procedures for using our Service.
2.2.All restaurants are located within London.
2.3.Restaurant details will be emailed to you three hours before the time of your table Reservation.
2.4.You acknowledge and agree that restaurant kitchens may use food and products which some people may be allergic to such as, but not limited to, nuts, shellfish or traces of such products, therefore, it is your responsibility alone to inform the restaurant not Book Enigma if you or a member of your group have an allergy to certain foods or products.
2.5.You should observe a smart/casual dress code or whatever is stipulated by the restaurant.
2.6.You can pay for the Service using a credit or debit card. You agree and acknowledge that placing an order means you are obliged to pay for the items you have ordered. After payment is received you will get confirmation that your order has been received.
3. Invoices
3.1.You agree to receive sales invoices electronically if applicable.
4. Lawful Purposes
4.1.You may use our App for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the App. You agree to use the App and to purchase Services through the App for legitimate, purposes only. You must not post or transmit any material which violates or infringes the rights of others through our App. Or which is threatening, abusive, racist, sexist, discriminatory, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law.
5. App refusal
5.1.Our Services are subject to acceptance of your order or requests. We reserve the right to refuse any order, person, or entity, without having to give a reason for doing so. Orders cannot be accepted until payment has been processed and received. We may at any time change or discontinue any aspect or feature of the App, subject to us fulfilling our previous responsibilities.
6. Refunds
6.1.The UK law states that You can cancel a Service bought online within 14 days after you have made the contract for any reason. However, there are some exceptions to this right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Section 28(h) states that the right to cancel is excluded for ‘the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance’. Therefore, we are not obliged to give You a refund for your Reservation.
7. Reservation Cancellation and modification
7.1.If You wish to cancel Your Reservation you must inform us as soon as possible by replying to the Reservation confirmation email.
7.2.If you cancel your reservation within 24 hours of the Reservation date or do not show up at the restaurant you may be charged a £25 cancellation fee for each person in your group.
7.3.If you want to modify or change your Reservation you must reply to the reservation confirmation email, for example, someone drops out or you have an additional person to add to the reservation. However, this modification cannot be made within 72 hours of the Reservation date, otherwise you may incur an administration fee of £25 per person in your group.
7.4.You may also modify or change your Reservation date or time by replying to the reservation confirmation email. However, this type of change or modification cannot be made within 72 hours of the Reservation date.
8. Description of Services
8.1.We try to describe and display the Services as accurately as possible on our App. While we want to be as clear as possible, you should not accept that the App is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions.
9. Intellectual Property Rights
9.1.Our App contains intellectual property owned by us including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the App Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the App, without refund, if you are caught violating this intellectual property policy.
10. Change of Terms
10.1.We may at any time change these Terms and Conditions. Such amendments are effective from the time We have posted the new Terms and Conditions on this App. Any use of the App by you after these Terms have been posted means you accept these amendments. We reserve the right to update any portion of our App, including these Terms and Conditions, at any time. We will post the most recent versions to the App and list the effective dates on the pages of our Terms and Conditions. We advise you to check these Terms and Conditions at regular intervals.
11. Termination
11.1.You agree that we can terminate your use or access to this App and Services at any time without notice if you violate any of these terms and Conditions. The duration or term of the agreement for Services with us is until the Reservation Service has been completed.
11.2.This agreement is terminated by the performance and Completion of the Reservation Service.
11.3.This agreement can be terminated at any time for any reason by mutual agreement.
12. Limitation of Liability
12.1.You agree that in no way will we be liable for direct, indirect, incidental, consequential or any other remedies as a result of using our Services or by any other third parties. Additionally, Book Enigma is not liable for damages or remedies for App failure, error, omission, attack by hackers or pirates, interruption, delay in operation or transmission of videos, computer virus, or system failure; third-party theft of, destruction of or unauthorised access or alteration or use of your information or personal data (subject to GDPR or the Data Protection Act 2018 if applicable), whether we were negligent or not. This applies even if Book Enigma has been advised of the possibility of something or could have foreseen loss or damage.
12.2.We are not liable for any delay or failure to comply with our obligations connected with our Services or this App if the delay or failure was beyond our reasonable control.
12.3.We are not liable for any Table Reservations which the restaurant cancels or double books before or when you arrive at the restaurant, therefore we cannot give a guarantee as to the availability of restaurant tables. However, We will use our best efforts to make sure of the availability of tables when you arrive at the restaurant.
12.4.We are not liable under any circumstances where the restaurant refuses you entry into the restaurant or asks you to leave for any reason.
12.5.You acknowledge and agree that we are completely independent of the restaurants we make your Reservation for and that our Service is to only make Table Reservations for you, therefore, we are not liable for any actions or omissions by or connected to any restaurant, owner, employee or representative of the restaurant and;
12.6.Restaurants are solely responsible for their interactions with you and any third parties and all claims, injuries, illnesses, damages, liabilities, and costs suffered by you as a result of your interaction with or visit to any Restaurant or from any promotion, offer product or service of any Restaurant. You must resolve all disputes directly with the Restaurant.
13. Third-Party Links
13.1.Our App contains links to third-party apps, websites, and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party apps, websites, or resources. Links to such apps, websites, or resources do not imply any endorsement by or affiliation with Book Enigma. You acknowledge sole responsibility for and assume all risk arising from your use of any such apps, websites, or resources.
14. Right to take action
14.1.If we do not take action because you have broken a clause in these Terms and Conditions it does not mean that we will not be able to use our rights in any other situation where you breach these Terms and Conditions or other legal responsibilities or duties you have to us. It also means that if we do not take action immediately for any breach of this agreement it does not imply that we accept the breach and reserve the right to take action.
15. Indemnification
15.1.You agree to pay us for any losses, damage, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, lawyer’s fees, arising from any breach by you of any of these Terms and Conditions, or any use by you of the App. You will provide us with any help that We might ask for in connection with any such defence without any charge including, without limitation, giving us such information, documents, records, and reasonable access as we see necessary. You will not resolve any third-party claim or reject any defence without our prior written permission.
16. Entire Agreement
16.1.These Terms and Conditions including our Privacy and Cookie Policy and any attachments are the whole agreement between Book Enigma and you and cancels all other verbal or written understandings concerning this agreement that were made outside this agreement.
17. Notices
17.1.All notices, requests, demands, and other communications under this Agreement must be in writing and sent by email to:
Email: contact@bookenigma.com
Address: Book Enigma Ltd, Halleggo Farm Helston Water, Bissoe, Truro, TR4 8TD.
18. Climate Assurance
18.1.The parties agree to, wherever possible, perform their obligations under this Agreement in a way that reduces or minimises the Carbon Footprint associated with any activities under this Agreement. For example, using digital agreements and communication instead of paper forms.
18.2.Either party should use all reasonable efforts to make sure that any necessary third party, use such documents and perform such acts as may reasonably be required for the purpose of reducing the Carbon footprint as a measure to protect the environment.
19. Reliance on these Terms
19.1.We intend to rely on these written Terms and any document expressly referred to in them about the subject matter of any agreement between the Parties. We and you will be legally bound by these Terms.
20. Events or circumstances beyond our reasonable control
20.1.If We are prevented or delayed from complying with our obligations under these terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control, our inability or delay in performing our obligations will not be in breach of this agreement. Examples of such events and circumstances, but not limited to, include fire, flood and other acts of God, strikes, trade disputes, lockouts, restrictions of imports or exports, riot, accident, disruption to energy supplies, lockdowns, pandemics, civil commotion, acts of terrorism or war.
21. Severability
21.1.If an appropriate court or arbitrator decides that a clause or condition in this contract is invalid or it conflicts with a law, the invalid clause can be cut from this agreement leaving the rest of the agreement valid and unaffected.
22. Assignment
22.1.This agreement or any clause in this agreement cannot be assigned, delegated, sub-licensed, or transferred by you unless we have given you written permission.
23. Governing law
23.1.You agree that any dispute or claim arising out of this agreement or in connection with its subject matter or formation, including non-contractual disputes or claims, will be governed and interpreted according to the law of England and Wales in English. You also agree that English courts have exclusive jurisdiction except for negotiation adjudication and mediation resolution described in clause 24.1 below.
24. Dispute Resolution
24.1.Any dispute relating to this agreement, which cannot be resolved by negotiation between the parties may within 14 days of either party giving notice to the other party that a dispute has arisen, may be submitted to mediation by a mediator mutually chosen by the Parties and that the mediation or negotiation may be conducted online in English using an accredited mediation service. The initial Mediation cost only is to be shared equally between the parties. Failing settlement of that dispute within 14 days, the dispute shall be submitted by any party for a final decision to an English court which will have exclusive jurisdiction subject to clause 23.1 above.