Terms and Conditions

Terms and Conditions for Visitors

This website hummingbirdbakery.com ("the Site") is owned and operated by Ensco 1399 Limited trading as THE HUMMINGBIRD BAKERY ("us", "our" or "we").

The Hummingbird Bakery is a limited liability company incorporated in England and Wales with Registered Number 13167233 and whose Registered Office is of 1 Hampstead Gate, 1A Frognal, London, NW3 6AL.

Our VAT number is 370899354

This document is only available in English.

The following constitutes a legal agreement between a visitor ("you") and us with respect to our website service, the terms of which are set out below. You must be at least 18 years of age to agree to and enter into this Agreement on your own behalf and to register for use of this Site. If you are under 18 but at least 15 years of age, you must present this Agreement to your parent or legal guardian. Children under the age of 15 may not register on this Site, and parents or legal guardians may not register on their behalf.

When registering on our Site or purchasing a Product, by checking the box indicating your acceptance of this Agreement, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years old, either entering into this Agreement for yourself or entering into it on behalf of your child or a child in your legal care. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of this Site, including all legal liability that he or she may incur. Each registration is for a single user only. We do not permit you to share your user name or password with any other person nor with multiple users on a network. If you do not agree to (or cannot comply with) any of these terms and conditions, do not check the acceptance box when registering on our Site or purchasing a Product and do not attempt to access the Site.

Our Site is established to enable you to chose and purchase products from our Site ("Products") that we offer for sale online.

Accessing Our Site

Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our Site, or to our entire Site, to users who have registered with us.

Terms & Conditions for Purchase of Products

1. Our website service permits you to purchase our Products from this Site. These purchases can be made and are permitted strictly pursuant to the terms and conditions set out below.

2. Your order constitutes an offer to us to buy a Product. After placing an order, you will receive an email from us. This email is an Order Confirmation to notify you of the fact we have received and accepted your order. This order confirmation acts as an invoice.

2.1 Please be aware that the Customer Care department is open from 12pm-4pm on Saturday and closed on Sundays. Any amendments or cancellations for orders due between Tuesday and Sunday must be made by 12pm the day before your order is due. For orders due on Monday, amendments and cancellations must be made by 11am on the Saturday before your order is due.

2.2 If you wish to cancel your order for any reason, you must notify us within the above time frames via email at enquiries@hummingbirdbakery.com, if your order is under £100. If your order is over £100 or you have ordered pie, cheesecake or decorating kits, you must notify us via email at enquiries@hummingbirdbakery.com at least 48 hours before the order is due to be collected or delivered. A refund will only be made to the same credit card with which your order was placed.

2.3 Your purchase order cannot be accepted until payment in full for the Products ordered has been received by us at which time a legally binding agreement on the terms set out herein will become effective.

2.4 E-gift vouchers are valid for one year from the date of issue and cannot be extended. E-gift voucher sales are non-refundable.

3. Price & Payment

3.1 The price to be paid by you for any Products will be as quoted on our Site except in cases of obvious error. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an invoice, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an incorrect pricing.

3.2 Our prices include VAT but exclude delivery costs, which will be added to the total amount due before completion of your order and can be checked on our Deliveries page.

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

3.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our order confirmation procedures, so that where a Product's correct price is less than our stated price, we will charge the lower amount when invoicing you. If a Product's correct price is higher than the price stated on our Site, or we are no longer able to supply a particular Product for some reason, we will contact you by email to advise you and/or to obtain your confirmation that the amended price is acceptable.

3.5 Payment for all Products must be by credit or debit card and those accepted by us are those listed on our website on the date when your order is placed. We will send you an invoice upon receipt of payment.

3.6 All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or for any reason does not, authorise payment to us, whether in advance of or subsequent to a payment, we will not be liable for any delay or non-delivery of the Products ordered.

4. Availability, Delivery & Collection

4.1 Online baking slots book up fast in advance and Next Day Delivery cannot be guaranteed to be always available if other customers have booked their order in advance for the day you require. To avoid disappointment booking as far in advance as possible is advised as our handmade products require time to prepare. We do offer same day purchase options, but these are subject to availability, please check the website.

4.2 The Products ordered by you can only be delivered to the delivery address provided by you to us, or collected by you from one of our shops designated by you, within a given time slot which we will notify to you in the Order Confirmation.

4.3 If for any reason you find yourself unable to collect your order from the designated shop within the given time slot, we will retain your ordered Products for collection by you for 24 hours.

4.4 If for any reason no one is present to receive delivery of the Products at the delivery address you have provided, we will call you to either confirm if you would like the product left in a safe place or with a neighbour or  we will take the Products back and retain the product  for 24 hours during which time you may  contact  Customer Care team at enquiries@hummingbirdbakery.com to either arrange for personal collection or redelivery the following day, although this is subject to availability.

4.5 We are unable to offer monetary refunds for promotional codes, the code should be applied to your order prior to placing and being paid for. Please email the Customer Care team at enquiries@hummingbirdbakery.com with any issues. 

4.6 Please be aware that due to regulatory restrictions, our delivery services are unable to directly access properties located on London's red routes. These routes are subject to stringent traffic regulations to ensure the smooth flow of vehicular movement and to reduce congestion in highly trafficked areas.If your delivery address is situated on a red route, we will proactively reach out to you to coordinate an alternative delivery arrangement. This involves requesting you to meet our delivery personnel at a nearby, accessible location that does not fall under the red route restrictions. Our team is committed to ensuring that this process is as convenient and seamless as possible, with the aim of minimizing any potential inconvenience to you.

5. Risk & Title

5.1 The Products will be at your risk from the time you collect the Products from our shop or we deliver them to you.

5.2 Ownership of the Products will only pass to you when we receive full payment of all sums due for them, including delivery charges.

6. Returns Policy

6.1 We do hope that you will be pleased with your purchase. However, if upon collection or delivery of the Products you find that they are not those ordered by you (for example, the size or wording is incorrect), or the order is incomplete, or a Product is in a damaged condition when you receive it, or of poor quality, please either return to the bakery or notify us within 48 hours via email at enquiries@hummingbirdbakery.com including an image showing the issue with the Product as you received it and your order number or a copy of your receipt. If a product is not as on the Order Confirmation or damaged, we will credit or refund your purchase. In the case of damaged goods you must retain the damaged Products and all packaging for inspection by us. Subject to our report on the claimed damage and to the Terms and Conditions we will refund the price you paid for the returned Products together with the delivery charge, or at our option, we will provide you with a credit for further products. We will have no liability to you for any indirect loss. Please state clearly your dispatch details in all communications to us.

6.2 We will only make a refund to the original credit card or debit card account used by you to make the online purchase. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.

6.3 Since taste is a very personal matter and subjective we cannot accept the return of any Products merely because you do not like the taste.

6.4 We have made every effort to display as accurately as possible the colours of our products that appear on our Site and also to ensure that the colours on screen are as close as possible to the colours of the actual product. However, all products are made by hand so colours may vary. Accordingly, we cannot accept the return of any product because it does not match the shade you were expecting.

6.5 We will not accept the return of any Products which have been purchased from any outlet other than this online Site.

6.6 The provisions of this clause do not affect your statutory rights.

7. Our Right to vary these Terms & Conditions

7.1 We have the right to revise and amend these Terms and Conditions from time to time, for example, to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

7.2 You will be subject to the policies and Terms and Conditions in force at the time that you order Products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the invoice (in which case we have the right to assume that you have accepted the change to the Terms and Conditions).

YOUR AGREEMENTS

YOU AGREE that:-

7.3 it is your responsibility to provide accurate personal information ("Personal Data") and to update your Personal Data as necessary to keep it accurate. You undertake that all the details you provide to us for the purpose of selling and delivering Products to you are correct and that the credit card or debit card that you propose to use is your own or that of a third party who has given you full permission and authority to use it and that you or such third party have sufficient funds to meet the costs of Products ordered. We will not store your credit card or debit card details anywhere on the Site;

7.4 it is your responsibility to ensure that your email address is current otherwise certain functions of the Site will not be available to you. We will only use your Personal Data in accordance with the Data Protection Act 1998, The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 and our Privacy and Cookies Policy;

7.5 it is your responsibility to maintain the confidentiality and security of your Personal Data especially your user name and password. You will not allow others to use your user name or password and you will notify us immediately of any unauthorised use of either of them. We shall not be responsible for any losses arising out of the unauthorised use of your user name or password  and you agree to indemnify and hold us harmless, for any improper, unauthorised or illegal uses of the same;

7.6 we shall be entitled to withdraw from any purchase order made by you if the Product is inaccurately described on the Site or where obvious errors have been made;

7.7 whilst we will utilise anti-virus protections, it is your obligation to ensure that any use you make of our Site is free of any virus, Trojan horse, worm or any other items of a destructive nature. You will not hold us responsible for any damages that result from you accessing the Site (including any software or systems you use to access the Site);

7.8 you will not attempt or permit or encourage others to attempt to copy or make use of any intellectual property appearing on our Site for any commercial use or in any manner which would constitute an infringement of our copyright.

7.9 variation in computer, browser and operation will create differences in visual layout and usability of the Site. We have given due care and attention to minimising these differences, but cannot be held responsible for specific operational differences.

8. System Requirements

The computer, internet access and system operated by you and your ability to use the same may affect your ability to purchase any Products from our Site. You acknowledge and agree that any system requirements necessary to preview, and /or view and/or purchase any Products from our Site are your responsibility.

9. Misuse of the Site

9.1 We reserve the right to suspend or terminate your access to the Site or parts of it if at our sole discretion we believe you are in breach of any provision of this Agreement. If your access has been suspended or terminated you will not be permitted to re-register or to re-access the Site without our prior consent.

9.2 You will only use the Site for the purposes referred to in this Agreement and not access the Site or use information gathered from it to send unsolicited emails.

10. Indemnity

You agree to indemnify and hold harmless us, our directors, employees and consultants from and against any and all claims, losses, demands, causes of action and judgments (including solicitors' or attorneys' fees and court costs) arising from or concerning any breach by you of this Agreement and/or these Terms and Conditions for your use of the Site and you agree to reimburse us on demand for any losses, costs or expenses we incur as a result thereof.

11. Assignment

11.1 You may not transfer or otherwise deal with your rights and/or obligations under these Terms and Conditions.

11.2 We may sub-contract, transfer or otherwise deal with our rights and/or obligations under these Terms and Conditions in whole or in part.

12. General

12.1 We may require you to change your user name or password or any other information which permits you access to purchase Products from the Site.

12.2 We have the right to withdraw any Product from the Site for any reason without notice to you and you agree that we will not be responsible for any loss, damage or cost as a result of such unavailability.

12.3 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.

12.4 We will not be liable for errors or omissions on the Site nor for loss or damage suffered by you as a result of any unavailability of the Site or by any use by you or reliance placed on the Site or its contents including any damage caused to your computer or otherwise howsoever, or any direct, indirect or consequential loss or loss of data.

12.5 We shall not be liable to you for the failure of any equipment, data processing system or transmission link and will not be liable to you as a result of any down-time which may occur upon the Site.

12.6 The Site is provided "as is" and you acknowledge that despite our reasonable endeavours the Site may contain bugs, errors and other problems (including, but not by way of limitation) infection by viruses (despite anti-virus protections which may be incorporated) or anything else which may cause contamination or destruction of any sort that may cause system failures. Notwithstanding, we will use all reasonable endeavours to correct any errors and omissions as quickly as practicable after being notified by email to enquiries@hummingbirdbakery.com.

12.7 We shall not be responsible to you for damages or otherwise in respect of any error made to any listing of or reference to Products.

12.8 We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently the Site (or any part thereof) without notice to you and without any liability to you or to any third party.

12.9 We reserve the right to deactivate your account if it has not been active for a period of 12 months or more, and to remove it from the database if no communication has been received from you for a further 3 months after deactivation has occurred.

12.10 Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.

12.11 We welcome 'hot links' to the Site, but not 'deep linking' by which we mean that you may not include a link to our Site, or display the contents of our Site, surrounded or framed or otherwise surrounded by content not originating from us without our consent. Any unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and may result in the termination of this Agreement or other remedies as set out in this Agreement.

12.12 It is the responsibility of advertisers and sponsors on this Site to ensure that any content submitted by them for inclusion on the Site complies with applicable laws and regulations and we shall not be responsible for or liable to any extent for any error or inaccuracy which may appear in such content.

13. Intellectual Property Rights

13.1 All intellectual property content on the Site including, without limitation trademarks, button icons, logos, graphics and images is owned by us and is protected by International Copyright laws. Your use of them is governed by this Agreement, certain end-user licence agreements, and applicable law.

13.2 You will infringe our rights if you copy or reproduce any part of the Site save for:

13.2.1 a temporary copy of any part of the Site which is automatically made or retained by your browser as you browse the Site; or

13.2.2 you printing out any pages from the Site as a record of any Products you have purchased from it; or

13.2.3 you printing out a copy of the Terms and Conditions which we would request you to do; or

13.2.4 your own personal use provided that:

13.2.4.1 no documents or related graphics on the Site are modified in any way;

13.2.4.2 no graphics on the Site are used separately from the corresponding text; and

13.2.4.3 the Company's copyright and trade mark notices and this permission notice appear in all copies.

Other than for the above four exceptions you must not copy the intellectual property in question for any purpose.

13.3 For the purposes of this Clause 16 "copy" and "copying" shall include non-literal copying as well as the copying of the structure and form of the Site and any elements within it.

14. Disclaimers

14.1 To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set out in this Agreement is prohibited by any law which is applicable, then, instead of the provisions hereof in such particular circumstance, we shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law and in no event shall such damages or liability exceed ten pounds (£10).

Concerning the Site:

14.2 You understand and agree that your use of the Site is at your own sole risk. The Site is provided "as is" and without warranty by us, and, to the maximum extent allowed by applicable law, we expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, and any warranty of non-infringement. We do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Site with respect to performance, accuracy, reliability, security capability or otherwise. You will not hold us responsible for any damages that result from you accessing (including any software or systems you use to access) the website service or using the Site including, but not limited to, infection by virus, damage to any computer, software or systems or portable devices you use to access the same. No oral or written information or advice given by any person shall create a warranty or a representation from us.

14.3 We make no warranty that any particular device or software you use will be compatible with this Site. It is your sole responsibility to ensure that your system(s) will function correctly with this Site.

14.4 Under no circumstances shall we be liable for any unauthorised use of the Site or the Products.

14.5 Under no circumstances shall we be liable to you for any direct, indirect, consequential, incidental or special damages arising out of your use of or inability to use the Site, even if we have been advised of the possibility of such damages.

Concerning the Products:

14.6 The Products ordered are fresh on the day of delivery to or collection by you and will remain fresh for a further 24 hours from the time of delivery or collection if kept by you at an ambient temperature in the box provided. Products placed in a fridge or a freezer or kept for a time longer than 24 hours are so kept at your own risk and we are not liable for any deterioration of the Products in these circumstances.

14.7 Products which were due to be collected by you from one of our shops and which you failed to collect on the appointed day, or Products which we have taken back to our shop because you were not available to receive the same during the delivery slot agreed for you, must be placed by us in our fridges overnight to comply with Food Safety legislation. Accordingly these Products cannot be kept by us at an ambient temperature and are therefore likely to deteriorate.

14.8 We cannot accept any responsibility for deterioration of the Products in these circumstances. We cannot accept responsibility for damage caused by you or by a courier/agent engaged by you to collect Products from one or our shops if they are damaged during transit to your home provided that you or your courier/agent has signed our “delivery receipt” confirming that the goods were in good condition and undamaged at the point of collection.

14.9 Under no circumstances shall we be liable to you in respect of any complaint concerning any aspect of any Product which is not raised by you within 48 hours of delivery by us or collection by you or your courier/agent.

14.10 We will notify you of any Product containing nuts or gelatine on the specific Product’s web page. However, since our kitchens do handle nuts we cannot guarantee that traces of nuts will not be found in our Products and therefore we do not accept any liability for any damage to health or any distress caused to you by the consumption of such Products.

15. Third Party Rights

This Agreement is only for the benefit of you and us and no other person can claim a benefit from this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999 which Act shall not apply to this Agreement.

16. Law & Legal Notices

This Agreement and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of this Site. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. English Law governs this Agreement and your use of the Site, and you expressly agree that the English courts shall have exclusive jurisdiction over any claim or dispute between us or relating in any way to your account or your use of this Site.

17. Acknowledgements

You acknowledge that we may change the terms of this Agreement by posting a new Agreement on the Site. You acknowledge that it is your responsibility to check the Site regularly to ascertain if changes have been made and your continued use of the Site after such a change will constitute your acceptance of the changes. By reading this Agreement together with our Privacy and Cookies Policy and continuing to use this Site you acknowledge that you have read, understood and agree to be bound by the Terms and Conditions of this Agreement and by our Privacy and Cookies Policy both of which are available from every page of our website hummingbirdbakery.com.

18. Dispute Resolution

Please note that if you have a dispute with us which cannot be resolved amicably, the European Commission provides a platform (the “ODR platform”) for the out-of-court resolution of disputes concerning contractual obligations arising from online contracts for sales or services. The ODR platform is accessible via the following link: http://ec.europa.eu/consumers/odr.

Our email address is enquiries@hummingbirdbakery.com.

19. The Hummingbird Bakery Instore Loyalty App

These Terms are important so please read them carefully. They apply to your activities on ENSCO 1399 LIMITED's application ("The Hummingbird Bakery").  Part 1 will always apply when you use the App but Part 2 of these Terms only applies when you log into the App. 

You should only use this App if you agree with these Terms.  When you click to accept the Terms, you will be legally bound by these Terms.  You can access these Terms at any time within the App. 

We may change these Terms from time to time so you should check back regularly to see if anything has changed but we will also notify you of any significant changes by email.  Changes will become effective from the next time that you access your account.

**PART 1 General**

1. **WHO WE ARE, WHAT WE DO AND CONTACTING US**

        1. We are ENSCO 1399 LIMITED ta The Hummingbird Bakery ("**Company**", "**We**", "**Our**" or "**Us**").

        2. We own The Hummingbird Bakery and have decided to provide our customers with an App with various functionality related to our venue and any other services that we may make available through the App from time to time ("**Services**").

        3. If you have any questions about anything in these Terms, our Services or any technical issues with the App, then please email us at mailto:enquiries@hummingbirdbakery.com. Alternatively, if you wish to make a complaint, then please email us at mailto:enquiries@hummingbirdbakery.com.

2. **YOUR RIGHTS AND RESTRICTIONS**

        1. The App is for your own personal and non-commercial use only.

        2. When using the App and your Account, you agree not to:

            1. attempt to undermine the security or integrity of the App, our (or our suppliers') computing systems or networks.  We will report any security breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them;

            2. use, or misuse, the Services or App in any way which may impair the functionality of the Services or the App, or systems used to deliver the Services or App or impair the ability of any other user to use the Services or App;

            3. attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which the App is hosted;

            4. transmit, or input into the Services or App, any files, content or data that may damage any other person's computing devices or software, content that may be offensive, or are in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use);

            5. create links to the App unless the Company gives you prior written consent; 

            6. attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the App except as is strictly necessary to use either of them for normal operation and other than as permitted by law;

            7. impersonate any other person while using the App;

            8. conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the App; or

            9. use the App for any unlawful purpose. 

3. **YOUR DATA**

        1. We take responsibility for care of your data very seriously.  Please see our Privacy and Cookie Policy for information on how we process your data, available at https://www.hummingbirdbakery.com/privacy-policy.

        2. Some of the Services on the App require you to turn on the ‘location’ functionality on your device.

4. **DISCLAIMERS**

        1. **Our App and the Services are provided on an information-only basis and you should not rely on, or take (or not take) any decision based on any information, results, suggestions found on or obtained through our App.  Any actions or decisions that you take are entirely at your own risk.  **

        2. Other than as set out in these Terms the App is provided on an "as is" and "as available" basis.  We make no representations or warranties of any kind, express or implied, as to the operation of the App or the Services or any information, content, materials or products included or referenced on the App.

        3. We do our best to ensure that the information accessed through the App is accurate and up to date but cannot guarantee that this will always be the case.

        4. We aim to make the App available to you all the time but sometimes it may be unavailable due to maintenance or to factors outside of our control, such as the internet.

        5. We follow industry standards and processes to prevent against the introduction of viruses, malware and malicious attacks that may harm the App or the device that you use to access the App, but we cannot guarantee that the App will be totally free from viruses and malware.

        6. We do not guarantee that the App will be compatible with all devices, hardware or software, including older versions of operating systems, which you or your device may use.

        7. The App may contain links to third party web sites or programs that are not controlled by us.  We are not responsible for the content, terms and conditions, offers or privacy policies of such sites and programs. Your dealings with third party sites are solely between you and the applicable third party and you should read their terms and conditions and policies before using them.

5. **OUR RIGHTS AND OBLIGATIONS**

        1. We may change, modify, amend or remove some or all of the functionality or content on the App at any time.

        2. You agree that we are free to use any comments, information or ideas contained in any feedback or communication you may send to us without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the App, Services or other products or services.

        3. We and/or our licensors are the owners of the App, which includes (but without limitation) any software, applications and domains made available through it.

        4. All intellectual property rights in the App, and the content, video, audio, graphics, logos, icons and service names which appear on the App (except for your profile picture and your other personal information that is contained in your account) belong, or are licensed, to us.  You do not have any rights to such intellectual property except as expressly set out in these Terms.

        5. These Terms do not exclude or limit our liability (if any) for:

            1. death or personal injury caused by our negligence;

            2. fraud;

            3. fraudulent misrepresentation; or

            4. any matter which it would be illegal for us to exclude or attempt to exclude from our liability.

        6. We are only liable to you for losses which you suffer as a direct result of our breach of these Terms and which are reasonably foreseeable.  We are not liable for any other losses or for business losses (including but not limited to loss of profits, contracts, goodwill or opportunity). 

6. **SUSPENSION AND TERMINATION**

              1. You can request your Account be deleted by emailing us at mailto:enquiries@hummingbirdbakery.com. Once your Account is deleted you will no longer be able to access your Account or the information held in your Account and these Terms will be terminated.

    2. We may suspend your access to your Account or we may terminate your Account at any time and for any reason. We will tell you as soon as possible if we suspend or terminate your Account.

7. **GENERAL**

    1. These Terms and all communications between us will be in English. No other languages will apply to these Terms.

    2. You may not transfer any of your rights under these Terms to any other person.

    3. We may transfer any of our rights under these Terms to any person or ask any person to fulfil any aspect of it so long as the performance of these Terms is not affected.

    4. Only you and we have any rights under these Terms.  No other person shall have any rights under these Terms.

    5. These Terms will be governed by English law and any court proceedings related to these Terms must be taken at a court within England and Wales.

**PART 2 Account Features**

**This Part applies to using features within your Account.**

1. **USER ACCOUNTS**

        1. If you do not register an account with us, then you will only be able to access a limited range of functionality within our App. To access the full range of functionality available on the App you must register an account ("**Account**").

        2. You must be at least 18 (eighteen) years old and resident of the United Kingdom to register an Account with us.  The App is intended for use only in the United Kingdom.

        3. You must ensure that your username and password are kept secure and confidential.  You are responsible for any activity on your Account.  It is your sole responsibility to monitor and control access to and use of your Account.  You agree to keep your information accurate, complete and current.

        4. You may make copies of your information contained in your Account in any format and, in doing so, you may make copies of reasonable portions of the App and the material and content of the App and your Account. 

2. **PAYMENTS**

        1. You can use the App to pay your tab. You will have to add your credit or debit card details to your Account. The App will save these details as your preferred payment method ("**Stored Payment Details**").

        2. We reserve our right to change which credit, debit and card types are accepted through the App.

        3. You may change your Stored Payment Details at any time.

        4. By entering your Stored Payment Details and each time that you change your Stored Payment details, you confirm that the method of payment being used belongs to you.

        5. If you choose to pay for your tab using the App, the tab will be paid by way of your Stored Payment Details. You will have the opportunity to review your tab in the App before you pay.

        6. If you have used the App to start a tab but do not pay for your tab before leaving, we will automatically take payment using your Stored Payment Details.

3. **REWARDS AND TREATS**

        1. We may choose to award you with offers or discounts which can be used or redeemed in our pubs ("**Rewards**"). These Rewards will be made available and stored in the App.

        2. All Rewards will only be redeemed as stated. Rewards cannot be exchanged for like for like, other similar items or for cash. Rewards will have no cash value.

        3. Rewards are personal to you and may not be sold, transferred or assigned to another person.

        4. Rewards are for one-time use (unless specified otherwise). Once a Reward is redeemed, it will be automatically removed from your Account.

        5. We will distribute and award Rewards in our sole discretion. We reserve the right to terminate, discontinue, cancel or amend any Rewards, including any already in your Account, at any time without notice to you.

        6. Additional terms and conditions may apply to certain Rewards. These will be displayed with the Reward in your Account. 

20. Kiehl's Father's Day Social Giveaway.