Terms and Conditions

The 5pm Service

The Restaurant Service

These terms apply to your use of the restaurant reservation service (the “ Restaurant Service”) operated by 5pm Limited (“5pm”). The Restaurant Service may be used to secure reservations at participating restaurants and make bookings or purchase goods or services from other offer providers. The reservations and bookings are processed through 5pm’s database and through software installed at 5pm offices. Once a reservation or booking is made through the Restaurant Service, it will be confirmed onscreen and automatically to your e-mail address.

Warranties and Liability

You acknowledge that the Service is being made available to you free of charge and that 5pm makes no representations or warranties, express or implied, regarding the Restaurant Service and all representations, undertakings, warranties, terms and conditions whether express or implied by statute, common law or otherwise are excluded to the fullest extent permitted by law. Except as provided in this Agreement, 5pm shall not be liable to you for any claims whatsoever including but not limited to those arising from loss of profits, business, revenue, goodwill, anticipated savings and/or any other indirect, special or consequential loss or damage whether arising under contract, negligence or otherwise out of or in connection with the Restaurant Service. In particular, 5pm accepts no responsibility or liability for the acts or omissions of participating restaurants which all operate independently of 5pm. 5pm neither excludes nor limits its liability for death or personal injury caused by its own negligence or any other liability the exclusion or limitation of which is expressly prohibited by law.

Prepaid Services, including Big Deal, Spa & Beauty and Takeaway

In relation to Prepaid Services, 5pm is acting as a disclosed agent for each of the third party Offer Providers specified on this site. In particular 5pm is acting as a collection agent for payment of sums due to those Offer Providers. Accordingly 5pm do not control the provision of any goods or services purchased by you from such Offer Providers. The contract therefore which will govern the purchase by you of goods and services from the relevant Offer Provider will at all times be the relevant Offer Provider’s terms and conditions details of which are available direct from the relevant Offer Provider. In that regard, save as provided in these terms and conditions, any decision relating to cancellation or returns will accordingly be in the hands of the relevant offer provider and will be in accordance with their terms and conditions of business.

“14 day period”. Under Scottish and English law you have a right to cancel your transaction with 5pm within 14 working days  of your receipt of your confirmation email, providing that you have not used the services or goods in whole or in part. If you wish to obtain a refund from 5pm within this period then please email us at customercare@5pm.co.uk forwarding the email we sent you. This “cooling off” period expires 14 days after the day you received your goods. However, if this period expires on a non-working day, your deadline is extended till the next working day.

The Offer Provider is obliged to honour the booking in compliance with law. After 14 days, no refund will be provided, except if you are unable to obtain the services or goods before the booking date or have not received the goods because the relevant Offer Provider has gone out of business or becomes insolvent or because the Offer Provider refuses to honour the promised services on the booked date. In such cases 5pm may be able to refund you the purchase price of the voucher. In order to receive the refund, you must send an email to: customercare@5pm.co.uk, forwarding the email that we sent you with the booking or purchase and explaining how it is that you have been unable to obtain the services or goods.

Whilst 5pm goes to great effort to provide accurate information, item names, descriptions, prices, and allergenic warnings on this website, the menus are ultimately provided by the Offer Providers. If you are in doubt about allergy warnings or the contents of a dish or ingredients in a service, it is best to confirm with the Offer Provider directly prior to ordering.

5pm will not be liable for any negligent act or omission, by any offer provider contracting with you for the provision of their goods and services, nor will 5pm be liable for any misrepresentation made by the relevant offer provider to you. 5pm will accept liability solely for matters which arise as a result of our negligence and/or our breach of any duty to exercise care in making arrangements as agent of the relevant offer provider to collect sums due by you to the relevant offer provider under your contract with the relevant offer provider. 5pm will not however be liable for any consequential, indirect or special loss so incurred by you.

Loyalty points

Each loyalty point has a cash value of 000.1 pence.

As of 31st January 2009 loyalty points will have a lifetime of 12 months from date of award. After 31st January 2009 all loyalty points over 12 months old will expire and will no longer be valid. Abuse of the loyalty points system will not be tolerated. If we discover you have been abusing the loyalty points system we will remove all of your loyalty points. 5pm’s decision in such matters will be final.

5pm Refer and Earn

5pm Refer and Earn allows 5pm users to recommend friends who are not currently registered users of 5pm. When a user’s friend registers with 5pm they are tagged as belonging to that user. When the friend makes a purchase on the 5pm “Big Deal” site a percentage of the commission earned by 5pm is credited to the account of the referring friend. The referring friend can use this credit to part or wholly pay purchases of 5pm Big Deals. Further credits can be earned by the referring friend if the referred friend refers a friend in turn and for one more level of referring. At 08/03/11 the commission percentages which can be earned by 5pm users are: for first level referrer 4%, for second level referrer 2%, for 3rd level referrer 1%. 5pm reserves the right to modify the referrer commissions, or terminate the scheme on giving 10 days notice to users. Suspected fraudulent activity may result in users accounts being suspended and the user being reported to the police.

Competitions

1. These terms and conditions apply to all competitions (unless and to the extent that) the competition states otherwise.
2. Unless otherwise specified, competition open to UK and ROI residents aged 18 or over except employees of 5pm Ltd, and their families, agents or any other person(s) connected with the competition, including third party promotional partners.
3. Unless otherwise specified, entry is limited to one per person. The winner is responsible for ensuring they are able to accept the prize as set out and in accordance with these terms and conditions, in the event they are unable to do so then 5pm Ltd reserves the right to redraw the prize. Entry is free but entrants should be aware that they may be subject to local call charges depending on their own individual arrangements for Internet access.
5. By entering, all eligible entrants agree to abide by each and all these terms and conditions. Misrepresentative or fraudulent entries will invalidate an entry. 5pm Ltd reserves the right, with or without cause, to exclude entrants and withhold prizes for violating any of these terms and conditions. 5pm Ltd reserves the right to amend these terms and conditions. Any amendments will be published on the Website.
6. Unless otherwise specified, the winner(s) will be drawn at random from all correct entries received before the closing date. Winners will be notified within 28 days after the closing date. All reasonable endeavours will be made to contact the winner during this time. If a winner cannot be contacted or is not available, 5pm Ltd reserves the right to re-draw another winner from the correct entries which were received before the closing date.
7. 5pm Ltd reserves the right to publish entries (including parts of entries) other than the winning entry and publication does not necessarily mean the entrant has won a prize.
8. Entrants will retain copyright in their submitted entries, however, by entering, all entrants licence 5pm Ltd a worldwide royalty-free perpetual licence to edit, publish and use each entry in any and all media (including print and online) for publicity and news purposes.
9. 5pm Ltd will not be liable for any failure of receipt of entries. 5pm Ltd takes no responsibility for any entries that are lost, delayed, illegible, corrupted, damaged, incomplete or otherwise invalid. Entries will not be acknowledged or returned.
10. Other than death or personal injury arising from the acts or omissions of 5pm Ltd or its employees, 5pm Ltd will not be liable for any loss or damage arising out of the winner’s (or their guests’) enjoyment of the prize.
11. There is no cash or other alternative to the prize stated and the prize is not transferable and no part or parts of the prize may be substituted for other benefits, items or additions.
12. By entering, any subsequent prize winners agree to allow the free use of their names, photographs and general locations for publicity and news purposes during this and future promotions by 5pm Ltd or any associated or subsidiary company.
13. Uses of personal data received by 5pm Ltd in the course of the promotion are subject to the privacy policy found on the Website. Winners’ names may be published on the Website or associated websites.
14. Winners may be required to submit valid identification before receiving their prize.
15. 5pm Ltd’s decision is final and binding on the entrants. No correspondence will be entered into.
16. 5pm Ltd reserves the right at any time to cancel, modify or supersede the competition (including altering prizes) if, in our sole discretion, a competition is not capable of being conducted as specified. 5pm Ltd reserves the right to substitute a prize of equal value in the event that circumstances beyond their control make this unavoidable.
17. For a list of winners please send a stamped envelope to 5pm Ltd, 38 Queen Street, Glasgow, Scotland, G1 3DX, stating for which competition you would like winners’ details.
18. Competition rules published on the Website form part of these rules. Promoter: 5pm Ltd (address above).

Intellectual property

Any comments which you provide to 5pm become the intellectual property and of 5pm and are copyright to them and may be used in any form whatsoever in perpetuity.

Modification

5pm may at any time modify these terms and conditions. Any modifications will become effective on either the posting of the modified terms and conditions on the Site or on notification to you.

Termination

5pm reserves the right to terminate the Service and/or your use of the Service at its discretion without notice.

Governing Law

This Agreement is deemed to have been made in Scotland and is governed by Scottish law. Any dispute relating to this Agreement will be referred to the Scottish courts. If you require any further information please address your inquiry to customercare@5pm.co.uk

Privacy Policy

The 5pm.co.uk website (the “Site”) is owned by 5pm Limited (“5pm”). 5pm is committed to protecting the privacy of anyone who uses the Site and to complying with the Data Protection Act 1998. Subject to the provisions of this privacy policy, any personal information provided by you will be treated as confidential by 5pm; except: a – where you have registered through a co-partner of 5pm in which case any personal information will be shared with them, b – should you be in breach of contract with one of our offer providers, for example, failing to honour a cheque or making a fraudulent credit card payment. This privacy policy only relates to the Site and does not extend to your use of the Internet outside of the Site, in particular, this privacy policy does not relate to any sites which you may link to using the hypertext connections within the Site. 5pm reserves the right to modify this privacy policy at anytime and will notify guests of such amendments through the Site. 5pm collects information from Site guests in order to help 5pm provide a high quality service and to ensure that the Site is both appealing and informative. In order to operate the service booking information will be supplied to participating offer providers. Information which you supply may also be used by 5pm to compile profiles of user preferences and needs. By using the Site you consent to such use. 5pm may send you information and in addition, if you have consented, may pass your details to carefully selected third parties who may from time to time send you information on products and services that may be of interest to you. If at any time you wish to change your subscriber details, please log into myguest account or if you would like further details about the data 5pm has compiled about you, contact customercare@5pm.co.uk

5pm is registered with The Data Protection Agency Z4854664