Terms of Service

This section details the Terms of Service for Vouchers offered by Upham Pub Company

1. General Information

1.1 These Terms of Service apply to all Vouchers purchased from Upham Pub Company through the Site uphampub.regalo.gifts.

1.2 Upham Pub Company means Upham Group plc, a company registered in England and Wales, with its registered office at The Old Bakehouse, Course Road, Asco, Berkshire, SL5 7HL. Upham Pub Company’s registration number is 07837768, its VAT number is 131491437 and its phone number is 01489 861383.

1.3 Regalo is a trading name of Hotfoot Design Limited, a company registered in England and Wales, with its registered office C/o, Haywood & Co, Kevan Pilling House 1 Myrtle Street, Bolton, BL1 3AH. Hotfoot Design Limited's registration number is 04482024 and its VAT number is 534368928.

1.4 Regalo has been appointed as the Upham Pub Company's trusted third party fulfilment and payment provider.

1.5 Voucher means an instrument, in either electronic or physical form, which entitles the holder of the Voucher (the 'Voucher Holder') to receive the Offering during the period of time stated on the Voucher (the 'Redemption Period').

1.6 The Offering means the services and/or goods to be provided and/or supplied by Upham Pub Company to the Voucher Holder, as specified on Upham Pub Company Site and on the Voucher.

1.7 These Terms of Service were last updated on 26 June 2017. Upham Pub Company reserves the right to change or amend these Terms of Service at any time. All amendments to these Terms of Service will be posted online. You will be bound only to the version of the Terms of Service you agreed to at the time you purchase a Voucher.

2. Regalo’s Site

2.1 The website that Upham Pub Company uses to sell its Vouchers is provided by a trusted third party, Regalo.

2.2 Regalo’s Site (the 'Site') means the website from which you can purchase a Voucher from Upham Pub Company.

3. Voucher Purchase

3.1 Upham Pub Company uses Regalo, a trusted third party provider, to process its vouchers.

3.2 By clicking on the ‘Make Payment’ button you are submitting an offer to Regalo to buy the Voucher. Please note the Voucher purchase is not completed until you receive an email from Regalo confirming acceptance of your offer.

3.3 Regalo expressly reserves the right to decline your offer to buy the voucher and furthermore reserves the right to cancel the contract at any time if it reasonably suspects that you have or intend to commit fraud against Regalo or Upham Pub Company.

4. Voucher Redemption

4.1 Unless expressly stated otherwise the Voucher can only be redeemed once and you must follow the redemption instructions associated with the Voucher when you redeem it.

4.2 In order to redeem a Voucher you must present it to Upham Pub Company within the Redemption Period. If you fail to redeem the Voucher within the Redemption Period, the Voucher will automatically expire so it cannot be redeemed, and you are not entitled to any reimbursement or compensation.

4.3 Unless expressly stated otherwise, the Voucher does not entitle the Voucher Holder to receive the Offering at a specific time. You are therefore advised to contact Upham Pub Company at your earliest convenience to arrange a time for the supply and/or provision of the Offering.

4.4 Vouchers are only redeemable in their entirety. They may not be redeemed partially or incrementally. If, for any reason, you redeem the Voucher for less than the original (un-discounted) value of the Offering, you are not entitled to a credit, cash refund or new Voucher for the difference in value between the original (un-discounted) value and the redeemed value.

4.5 In the event that Upham Pub Company breach their contract with you, Upham Pub Company shall be responsible only for refunding the cost of the Voucher and any delivery costs incurred in the original purchase of the Voucher. Upham Pub Company shall not be liable to pay any other compensation or losses suffered by you as a consequence of Upham Pub Company’s breach of contract.

5. Voucher Use

5.1 You agree to not engage in any unlawful activity in connection with the purchase or use of a Voucher, and to not provide false or misleading information including false names, addresses and/or contact or payment details.

5.2 Attempts to redeem a Voucher contrary to these Terms of Service may render a Voucher void at Upham Pub Company's discretion.

5.3 Reproduction of a Voucher is prohibited. Each Voucher contains a unique reference code, which can only be redeemed once. Once a Voucher has been redeemed, the unique reference code will no longer be valid.

5.4 The commercial trade and/or sale of a Voucher is prohibited.

6. Voucher Cancellation, Refunds and other Issues

6.1 You have a statutory right to cancel your purchase of the Voucher within 14 calendar days after the day you receive the confirmation email (the 'Voucher Cancellation Period'). Please note if you redeem your Voucher during the Voucher Cancellation Period, you have expressly requested Upham Pub Company to begin providing the services to you, and you acknowledge that you therefore lose your right to cancel the purchase of the Voucher. Since Regalo is not responsible for the supply or provision of the Offering, once your Voucher is redeemed Regalo has completed its services to you in full.

6.2 If you want to cancel your purchase of a Voucher you can do so by contacting Upham Pub Company using the details mentioned in section 1.2.

6.3 If you cancel your purchase of the Voucher in accordance with section 6, Upham Pub Company will refund you for all payments made as part of your purchase within 14 calendar days from the day on which you informed Upham Pub Company about your cancellation.

6.4 If you redeem your Voucher, but Upham Pub Company has not properly provided you with the Offering or if you have a complaint regarding the provision of the Offering, you must take action against Upham Pub Company. This is because Upham Pub Company, and not Regalo, is responsible for the supply and/or provision of the Offering. Regalo only sells and supplies the Voucher.

6.5 Any refund in cash will be refunded to you via your original method of payment. If your original method of payment has been cancelled, expired or has otherwise changed, you will still receive the refund to your original method of payment and your bank should forward it to the correct account, you may need to liaise with your bank or your payment services provider to obtain your refund. Upham Pub Company will not provide more than one refund.

6.6 You have 30 days from the date you receive the refund to reject it. If you do not reject the refund during these 30 days, the refund shall be in full and final settlement of any and all claims you may have against Upham Pub Company related to, arising out of, or connected to that Voucher.

7. Offering Responsibilities

7.1 Please note that Upham Pub Company, and not Regalo, is: the supplier, seller and/or provider of the Offering; the party who enters into a contract with the Voucher Holder when the Voucher is redeemed; and solely responsible for providing the Voucher Holder with the Offering and for the Offering itself.

8. Regalo’s Liability

8.1 Regalo promises that it will exercise reasonable care and skill in performing its obligations under these Terms of Service.

8.2 Regalo is not liable for any losses not caused by its breach or any other losses or damages you may suffer, including any indirect losses.

8.3 Regalo makes no assurances as to the fitness for purpose, completeness, or legality of the Offering. Regalo is not responsible for the safety, quality, usability or any other aspect of the Offering.

8.4 Regalo is not liable for any breach of an obligation under these Terms of Service where it is prevented or hindered from undertaking its obligations by any cause outside of its reasonable control.

8.5 Regalo’s total liability to you will in no circumstances exceed the purchase price of the Voucher.

8.6 In certain countries applicable law does not allow some or all of the limitation and/or exclusions set out in section 8. If these laws apply to you, some or all of the above limitations and/or exclusions may not apply and you may have additional rights.

9. Privacy

9.1 By giving Upham Pub Company your details you accept that Upham Pub Company will be able to use them for operational purposes, including providing your details to our payment provider, Regalo.

10. Miscellaneous

10.1 Unless otherwise stated within these Terms of Service, either party must deliver any notices in writing and by electronic mail (other than if you are sending a notice to Regalo in the event of a legal process) or by pre-paid post. Any notice Upham Pub Company or Regalo sends to you will be to the address you provided to Regalo when you completed your order. You can send any notice to Regalo at the registered office address as set out in section 1.2.

10.2 In the event that any provision of these Terms of Service are found to be unenforceable or invalid, the enforceability and validity and of the remaining provisions will not be affected. The unenforceable or invalid provision will be substituted with an enforceable and valid provision which closely accomplishes the effect intended by the previous provision.

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