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 on-screen and automatically to your e-mail
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 events.
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 email@example.com 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. This does not apply to salon appointments, booked
accommodation or events, once a booking has been made or an event purchased the terms
and conditions of the relevant service provider will be applicable. All salons have a
24 hour cancellation policy unless otherwise stated. No refunds or re-scheduled
appointment will be offered after this period.
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: firstname.lastname@example.org, 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.
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.
5pm reserve the right to withdraw the loyalty scheme at any time. 5pm reserve the
right to remove loyalty points at any time.
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.
After 1st April 2017 no new loyalty points will be awarded.
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
- These terms and conditions apply to all competitions (unless and to the extent that) the competition states otherwise.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Winners may be required to submit valid identification before receiving their prize.
- 5pm Ltd’s decision is final and binding on the entrants. No correspondence will be entered into.
- 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.
- 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.
- Competition rules published on the Website form part of these rules. Promoter: 5pm Ltd (address above).
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.
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.
5pm reserves the right to terminate the Service and/or your use of the Service at
its discretion without notice.
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 email@example.com
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
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
any sites which you may link to using the hypertext connections within the Site. 5pm
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 firstname.lastname@example.org
Delivery & access to 5pm bookings & purchases
When using the Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
Delivery of your Big Deal voucher, 5pm Gift Voucher, Restaurant, Spa & Beauty or Hotel booking confirmation, will be made to the email address you provided when signing up to 5pm.co.uk or the email address given at the time of booking/purchase.
Emails will sent immediately on confirmation of order. Estimated delivery time is within ten minutes of ordering.
We aim to deliver Services promptly but we do not promise that delivery or access will happen immediately. Additionally, we are not liable for any problems, delays or losses in respect of delivery or access arising out of any cause beyond our control. Your Big Deal voucher or booking confirmation will additionally be accessible within your 5pm account on 5pm.co.uk accessible by creating an account and logging in.
Without limitation, we shall not be responsible for any technical fault or incompatibility in respect of:
- your mobile phone
- your computer hardware or software
- your computer systems
Nor are we responsible for any problem you may experience with the Services due to the act or fault of:
- a technology supplier
- a telecoms provider
- an internet service provider
- systems maintenance
Additionally we are not responsible if:
- your email inbox is full
- your joining details are inaccurate or out-of-date
- your mobile phone is out of range
- you are not following any instructions we give you for accessing the Services
- for some other reason you cannot be contacted
- for any other circumstance where we send you or grant you access to a particular Service but you are unable to receive it through no fault of our own.
The Service is subject to the limitations of the enabling technology on which it is reliant and may be adversely affected by network performance and other operational factors beyond our control including without limitation:
- network coverage
- dropped connections
- the performance of your own device
- the maintenance and support of secure network connections.
We accept no responsibility if you do not receive the Service for any of these reasons.
We will endeavour to inform you as soon as possible if we are unable to supply a particular Service. We reserve the right to permanently withdraw any Services, in which event you will be entitled to a refund of any fees already paid by you to the extent that the fees relate to use of the Services following the withdrawal date.
Gift envelope & printed voucher
If you choose to have your voucher posted you will receive email confirmation as normal but in addition your voucher will be posted out Royal Mail First Class the next working day after purchase and should be delivered to you the next working day after.
Gift wrapping costs are non-refundable.
5pm is registered with The Data Protection Agency Z4854664