WEBSITE TERMS OF USE AND CLUBHOUSE RULES
(THE LEGAL STUFF)
Welcome
Welcome to the site of The Roof Gardens. We know you want to get stuck into our site and flick through all the pictures; however it's important that we cover a few bits and pieces with you about the content on the site, how you can contact us, data protection, our liabilities, Clubhouse Rules... you know, the legal stuff.
You'll probably think it's all pretty boring, but our lawyers say these terms are important and that you should read them because, by using our site, you're indicating that you accept and agree to comply with them. The Clubhouse Rules will also help to avoid disappointment of arriving at the Roof Gardens ad not being permitted entry.
We may amend these terms and all information on this website (especially if we add new products or features to our sites or the Roof Gardens), so check them regularly; your continued use of our site will indicate that you accept and agree to any amendments.
Website Terms of Use
About use of our sites
You agree to use our site in accordance with these terms and conditions, only for lawful purposes and in a way which does not infringe the rights of anyone or restrict or inhibit anyone's use and enjoyment of the site. If you don't comply with these terms, we may deny you access to our site.
Our site is controlled and operated by us from the United Kingdom. We make no representation that any material contained on this site is appropriate for any other jurisdiction. Should you choose to access this site from any location other than the United Kingdom, you are responsible for compliance with all applicable local laws.
Our site provides 'brochure'-style information (which you can follow up if you wish to make a booking) as well as online booking, registration and Guest List facilities. If you wish to make a booking, registration or submit a Guest List you should follow the instructions that appear on the relevant section of this site and we may also notify you of any additional terms and conditions in the applicable section of this site. Guest List terms and conditions are also set out in the Clubhouse Rules below.
You may download and print content from any our sites only for your private, personal and non-commercial use. We do not guarantee or warrant that any material available for downloading is free from infection, viruses, trojans and/or other contaminating codes. Any software is downloaded at your own risk.
You agree to provide information that is truthful and accurate. You agree to use the forms on our site (including enquiry, membership booking and Guest List forms) to make only genuine enquiries and/or bookings and/or to submit Guest Lists for you or for other persons for whom you are authorised to act.
You will not use the site to send by e-card, email, post or otherwise transmit any material that is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene or profane.
You agree not to reproduce, distribute, modify or re-post our content on another site, frame or mirror any of our sites or link to any of our sites without our prior written consent.
You grant to us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide licence to use (including but not limited to publishing, exploiting and modifying) any material you email, post or submit to us. For the avoidance of doubt, we will be free to use any ideas, concepts, know-how, content, text or images contained in your communications with us for any purpose whatsoever, to the fullest extent permitted by law.
From time to time you may be able to send e-cards to friends and family from our site. You must not send unsolicited and/or commercial bulk messages. We may limit the number of e-cards that you may send, and/or the number of recipients to whom you may send e-cards, through our sites, at any time.
We try to update our site regularly, so we may have to suspend access, service or functionality on any part or all of our site, from time to time, without notice. If required, we may have to close any part or all of our site indefinitely.
As information or data transmitted to or from our site (including payment information) pass over public telecommunications networks, we can't promise that the operation of our sites will be secure, confidential, uninterrupted or error-free. You agree not to do anything that does or may interfere with the proper working of the sites including but not limited to tampering with, or hacking into, the site or the servers on which they reside.
Some sections of our sites may only be accessible by a user identification code and/or password ("pass codes"). From time to time, we may restrict access to those sections, or to the entire site, to users who have registered with us. If you choose, or you are provided with, a pass code, you must treat such information as confidential and only use it yourself. We may disable or suspend your access or any pass code, whether chosen by you or allocated by us, at any time in our sole discretion. Our issuing of pass codes is not a promise of continued use or access to the sites or any data you might store on them.
About content on our sites
We own, or are the licensee of, the intellectual property rights in the content of our site, including but not limited to text, photos, graphic designs, images, audio, video recordings and any data entered or stored by you (the intellectual property rights in which you assign to us).
VIRGIN, the Virgin signature logo and The Roof Gardens are registered trade marks of Virgin Enterprises Limited and are used under licence. Use of our site does not give you any right to use or reproduce any of its content or the trade marks on it.
Parts of our site may contain links to third party sites and resources. We have no control over the contents of those sites, resources or third parties and accept no responsibility for them, or for any loss or damage that may arise from your use of them. We do not review, censor, approve, edit or endorse any information placed on third party sites or resources.
About prices
While we try to make sure all the information and any prices on our site are up-to-date, we reserve the right to change prices at any time. We'll let you know of any changes in price before you confirm your booking.
About your privacy
Your information is safe with us. Rest assured, we collect and process your personal information in accordance with the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and all other applicable data protection legislation, as amended from time to time.
When you use our site or contact us by post, telephone, fax, email or SMS, we collect, store and use certain personal information that you disclose to us. This includes details such as your name, address, telephone, fax, email and mobile phone number (and if you send e-cards or Guest List facilities through our site, it also includes the names and email addresses of the senders and recipients and any friends and family that you nominate as guests). Accordingly, you may only submit details of your friends and family to us by using e-cards, Guest Lists or any other facilities on our website, if you have obtained their prior consent to you doing so. By submitting details of your friends and family you grant us permission to inform them of how we obtained their details if we contact them. We may also collect details of your computer's internet protocol address and other details about your computer, which is automatically collected by our web server.
Other than as set out in the rest of this paragraph we will not share personal information about you (or, if applicable, your friends and family) with third parties for marketing or any other purposes without your consent, unless we are required to do so by law. We operate an automatic opt-in policy which means that when you request information from us on one of our properties or make an enquiry or reservation or Guest List request, we add you (and, if applicable, any friends and family that you nominate with their consent) to our database and:
may contact you (and, if applicable, any friends and family) with relevant promotions, offers or information that we feel may be of interest from time to time; and
may pass your details (and, if applicable, the details of any friends and family) to third parties offering services linked to your information request, enquiry, reservation or Guest List request.
If, at any time, you would like us to stop contacting you, simply email us at enquiries@virginlimitededition.com, write to Virgin Limited Edition, Voyager House, 162 - 164 Fulham Palace Road, London,W69ER, or call us on freephone 0800 716 919 or + 44 (0) 208 600 0430 to let us know. Thank you.
Did you know that countries outside the European Union may have a lower standard of protection for personal information? If we send your data (and, if applicable, any recipients and guests data) to a company outside the EU, we'll do our best to ensure that they process your personal information in accordance with principles consistent with the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended from time to time.
We have technical and organisational security measures in place to prevent the loss of or unauthorised access to your personal information. While we do our best to ensure the security of your data, we cannot guarantee the security of information transmitted over the Internet.
About online payments
When you use our site to provide us with your payment details (such as on your Membership Application), the payment details you choose to provide will only be used to process the payment expressly authorised by you, will only be made available to the appropriate staff who assist with the administration of your payment and will be destroyed thereafter.
Our contract with you that the payment relates to will be formed at the time that we confirm to you (further details may be provided on the applicable page of the website). You may cancel a contract at any time within seven working days, beginning on the day after you received the confirmation from us. In this case, you will receive a full refund of the price paid. To cancel a contract, you must inform us in writing and the subject matter of the contract (such as your Membership) will be returned or cancelled, as applicable. We will usually refund any money received from you using the same payment method originally used by you.
While we do our best to ensure the security of your payment information, using online payment facilities on our website is at your own risk as we cannot guarantee the security of information transmitted over the Internet.
About cookies
We use "cookies" to store and collect information regarding your usage of the site. These types of cookies aren't the edible kind (damn it!). They're small pieces of information stored by the browser on your computer's hard drive. They send information stored on them back to our web server when you access our site. It helps us to know what you're viewing on our site, and how you navigate around the sites, which ultimately helps us make improvements to the site.
About our liability
The material and facilities provided on our site (including online payment facilities) are provided at the users risk without any guarantees, conditions or warranties, including warranties of security, merchantability, non-infringement of intellectual property, fitness for purpose, or accuracy or completeness of any information.
To the fullest extent permitted by law, we, other members of our group of companies and third parties connected to us exclude:
all representations, conditions, warranties and other terms implied by statute, common law, the law of equity or otherwise;
any liability for any direct, indirect or consequential loss or damage incurred by you in connection with our site or in connection with the use, inability to use, or results of the use of our site, any sites linked to it and any materials posted on it, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
However, nothing in these terms is intended to exclude our or your liability for death or personal injury arising from negligence, fraud or fraudulent misrepresentation, or any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
Commentary and other materials posted on our site do not amount to an offer to contract or advice on which reliance should be placed, and we do not intend that you should interpret it as such. We disclaim all liability and responsibility arising from any reliance placed on such materials by anyone visiting our site, or by anyone who may be informed of any content on our site.
About changes
From time to time, we may update and change these terms (including the Clubhouse Rules) without notice. You'll always find the latest version of these terms on the www.roofgardens.virgin.com site. Your continued use of our site will indicate that you accept and agree to any amendments.
Clubhouse Rules
Membership, Guest Lists and Reservations
Entrance to the Roof Gardens is strictly members only or via Guest List registration.
If you would like to become a Member, please contact the Club on 020 7368 3992 or club@roofgardens.virgin.com for more details.
All membership applications are subject to approval by The Roof Gardens Membership Committee. The Committee’s decision is final. Any disputes in relation to the decision will be referred to the Committee and again the Committee’s decision shall be final.
If you would like to be on the Roof Gardens Guest List with a group of your friends on a particular night, please use the Guest List registration facilities on this website or contact the Club on 020 7368 3992 or club@roofgardens.virgin.com. You can apply for a Guest List even if you are not a Member, however Members will be given priority.
Any Guest List that you submit using this site will be subject to our confirmation and your agreement to these terms and conditions and any further terms and conditions that we may notify to you.
The acceptance of the list may only be granted by the Club Manager, and is subject to availability.
If you submit a Guest List for a particular evening, then you also must attend. When the Guest List is for 10 or more guests, we’ll need to have it at least 48 hours prior to arrival.
If you submit a Guest List, make sure the guests are people you know and trust, because you’ll be responsible for their behaviour.
All members areas and table reservations at The Roof Gardens are subject to availability and a minimum spend may apply. The team will let you know when you make your reservation.
Dress Code and Entry Policy
The dress code is simply No effort, No entry. (No trainers allowed).
The age policy to join or visit the Roof Gardens is strictly over 21 years.
Management reserves the right to refuse admission at all times to Members and their guests without prejudice and without stating a reason. Should our staff feel you have had too much to drink before you enter The Roof Gardens, they won’t be allowed to let you in either.
When The Roof Gardens is full, as per our license and fire regulations, we’ll have to refuse entry to Members and all guests sorry. We’ll then operate on a one-in-one-out basis and try and get you in as quickly as possible. Members will take precedence over people waiting in the guest list queue.
At the Roof Gardens
Remember to behave yourself when you’re in the Roof Gardens; that means – no shouting, cattle calling or any loud, abusive or antisocial behaviour which includes: no fighting or play fighting; no feeding, touching or tormenting the animals, no removing of plants, no stealing of animals for your pet sanctuary, no bringing in your own beverages, no drawing on walls or furniture, jumping or dancing on furniture... no streaking – keep your clothes on thanks; no removing of furniture and definitely no ‘naughty business’…you know what we mean…otherwise our staff will have to ask you to leave and you may have your membership revoked or cancelled where appropriate.
Drugs and illegal substances of any kind are strictly prohibited and The Roof Gardens operates a ZERO TOLERANCE policy. Any person, Member or guest, found in possession of, or consuming such substances on the premises will have the substance in question confiscated and will be asked to leave immediately. Members involved in these situations will have their Membership revoked or cancelled without prejudice.
If you’re intoxicated when you’re at The Roof Gardens, we’re afraid we’ll also have to ask you to leave… But we’ll give you a helping hand if you’re having a little trouble.
There are no credit facilities available at The Roof Gardens, so you can’t run away without paying your bill. You have to settle your tab before you leave, so make sure you don’t forget your card.
You can’t bring your pet pooch or any other animal into The Roof Gardens except for guide dogs, which must not be let off their leash for any reason… they may chase after the birds!
The Roof Gardens is located in a residential area, so please leave quickly and silently as people are trying to sleep. It’s all about being considerate at the end of the day.
Other bits and pieces
These terms and conditions, any document expressly referred to in them and any terms and conditions expressly included elsewhere on this website represent the entire agreement between us in relation to the website and your use of the website and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing. These terms cannot be amended other than by us on this website in accordance with the “about changes” section above or otherwise in writing addressed to you.
If any of these terms are held to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder of these terms will continue in full force and effect.
The English courts will have non-exclusive jurisdiction over any claim related to a visit to our site. These terms of use will be construed in accordance with, and governed by, English law.
You agree that any of our related companies (including but not limited to Virgin Clubs Limited, Virgin Limited Edition and Virgin Hotels Group Limited) may rely on and enforce these terms, but otherwise we and you agree that no other third parties are to be given any rights under the Contracts (Rights of Third Parties) Act 1999.
You agree that we may assign or novate these terms to anyone without notice to you.
The Roof Gardens reserves the right to amend these terms and conditions and membership rates at any time.
The Roof Gardens is operated by Virgin Clubs Limited, Registered Office: The School House 50 Brook Green, London W6 7RR, Company No: 1238320 (Eng). VAT No: 629345620.
