Terms and Conditions
The full Terms and conditions for the Drinkaware website.
Welcome to our website www.drinkaware.co.uk (the "Website"). The Website is provided by The Drinkaware Trust ("we", "us", "our" and "ours" for short). We are a company limited by guarantee and registered in England and Wales with number 4547974. Our Registered Charity Numbers are 1094586 and SC043163 and our registered address is Samuel House, 6 St Albans Street, London SW1Y 4SQ. "you" and "your" means you as the user of our Website and/or MyDrinkaware (as applicable).
We have set out the terms under which we are providing you with access to our Website.
These include the terms and conditions that govern:
Collectively these documents are termed as the “Terms and Conditions”.
The term “Website” includes the MyDrinkaware tool (“MyDrinkaware”). MyDrinkaware is a free web-based drink tracking tool which is intended for use by adults aged 18 years or older who reside in the UK. Our aim is to promote health awareness and assist people in gaining an understanding of the health and lifestyle impacts drinking alcohol can have. Some additional rules apply to your use of MyDrinkaware, which are set out in the Terms and Conditions.
By accessing the Website and/or using MyDrinkaware, you agree to these Terms and Conditions.
1) Use of the Website
You should read all the Terms and Conditions prior to using the Website. You should also save and/or print out a copy of these Terms and Conditions for future reference.
We may change our Terms and Conditions from time to time. The revised Terms and Conditions will be available via the Website. You will be deemed to have accepted any changes to the Terms and Conditions after you have been notified of the changes on our Website home page and you continue to access or use the Website.
You are not permitted to use, or cause others to use, any automated system or software to extract content or data from our Website for commercial purposes.
If you do not agree to these Terms and Conditions, you should not use the Website.
2) Accessing the Website
Access to the Website is permitted on a temporary basis. We update the Website regularly and so may change the content at any time without notice to you. We reserve the right to withdraw, vary or suspend the service at any time without notice.
You are responsible for making all arrangements necessary to access the Website. You are also responsible for ensuring that all persons accessing the Website through your internet connection are aware of these Terms and Conditions.
If you have any accessibility issues or problems accessing the Website, please contact us using the above details or at firstname.lastname@example.org.
This Website is a commercial website that can be accessed by anyone but because the majority of the Website’s content is alcohol related it is intended for people who are of the legal drinking age and above.
Please note that use of our Website is subject to your computer and/or portable device complying with our minimum standard technical specification and compatibility notice. You are advised to check this specification to ensure that your computer and/or portable device is compatible with our products and services and we shall not be liable for any failure arising in the Website which arises from incompatibility (including, without limitation, minimum storage and memory requirements from time to time).
3) Reliance on information posted
Information is provided on the Drinkaware website by way of guidance only. We therefore disclaim all liability and responsibility arising from any reliance placed on such information to the fullest extent permissible by local law.
Additional terms applicable to MyDrinkaware:
MyDrinkaware is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. Users should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in MyDrinkaware. So far as permissible by law and subject to section (a) clause 11, we do not accept any liability to any person relating to the use of any such information.
Information is provided on the MyDrinkaware tool by way of guideline only. All calorie, alcohol unit, ABV or pricing information are based on information provided by alcohol producers and retailers. Information regarding alcohol consumption and the tips and advice offered as part of MyDrinkaware are checked against medical best evidence and government guidelines and is approved by our medical panel. IT IS IN NO WAY TO BE CONSIDERED OR USED AS A REPLACEMENT FOR PROFESSIONAL MEDICAL ADVICE FROM YOUR GP.
The MyDrinkaware tool can be used by users of any age but because it contains alcohol related information it is intended for use by people of the UK legal drinking age or over.
Whilst we have taken all reasonable precautions in compiling MyDrinkaware, subject to section (a) clause 11 neither us nor any contributors to MyDrinkaware can be held responsible for any action (or the lack of action) taken by any person or organisation wherever they shall be based, as a result, direct or otherwise, of information contained in or accessed through MyDrinkaware.
4) Ownership of materials and licence terms
You may access, view and print out copies of the Website and all information, images and other content displayed on the Website (the "Materials") strictly in accordance with these Terms and Conditions.
You may view, print out, use, quote from and cite the Website and the Materials for your own personal, non-commercial use and for the purposes of teaching or educating individuals on the condition that you give appropriate acknowledgement to The Drinkaware Trust.
All intellectual property rights in and to the Website and the Materials (together with the underlying software code) are either owned by or licensed to us. Nothing in these Terms and Conditions transfers to you any rights of ownership of such intellectual property rights, or constitutes a licence to use such intellectual property rights other than to the extent expressly set out in these Terms and Conditions.
Your use of the Website and Materials is subject to the following restrictions.
You must not:
i. remove any copyright, trademark or other proprietary notices, our name or branding contained in the Materials; or
ii. use any Materials from the Website in any manner that may infringe any copyright, intellectual property right or other right of us or any third parties;
iii. reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit this Website and/or the Materials for any commercial purpose, without our prior written consent (for the avoidance of doubt, the use of the Website or Materials for educational purposes does not constitute commercial use).;
iv. use the Website or Material in any way that is in contravention of any applicable law or regulation or in any manner that will violate the privacy, publicity or other personal rights of others or in any defamatory, obscene, threatening, abusive or hateful manner.
We expressly reserve all rights in and to the www.drinkaware.co.uk domain name and all related domains and sub-domains, the name The Drinkaware Trust, MyDrinkaware, Unit Calculator, our logo, service marks, trading names and/or trade marks. Other trade marks, products and company names mentioned on the Website may be trademarks of their respective owners or licensors and the rights in such marks are reserved to their respective owners or licensors.
6) Third party sites and services
The Website and/or Materials may contain links to third party websites, for example Facebook, Twitter and YouTube. Your browsing and interaction on any other website, including websites which have a link to or from our Website, is subject to that website’s own rules and policies including in relation to privacy. Please read those rules and policies before proceeding.
If you decide to visit any third party site, you do so at your own risk. We are not responsible for the content, accuracy or opinions expressed in such websites. Links do not imply that we are, or our Website is, affiliated to or associated with such sites.
The inclusion of any link on our Website or in our communications with you does not imply endorsement by us of the linked site. If you decide to access linked third party websites, you do so at your own risk.
Our communications with you may contain information sourced from third party organisations. Material from a third party site will be clearly marked. We accept no responsibility or liability for any material supplied by a third party or contained on any third party website which is linked from our communications with you, or any use of personal data by such a third party.
Please remember that when you use a link to go from our Website to another website, these Terms and Conditions including our Privacy and Cookies Policies are no longer in effect.
7) Linking to our Website
You may link to any page of the Website, for non-commercial purposes provided that you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. For the avoidance of doubt, the linking site must not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.
You must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not remove or obscure by framing or otherwise, advertisements, any copyright notice, or other information published on the Website.
Our Website must not be framed on any other site. We reserve the right to withdraw linking permission at any time and without notice.
If you would like to link to our site for commercial purposes or any purpose not included above, please contact email@example.com.
Creation of a link to this Website is without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. Anyone providing access to, or information relating to this Website, whether by link or otherwise, is responsible for bringing these Terms and Conditions to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.
8) Privacy, your personal data and cookies
The privacy of your personal data is important to us. We collect information from you at various places on the Website, for example when you submit a ‘Contact Form’, sign up for email updates or register with the Website.
Users of the Website are required to register in order to have full access to certain materials on the Website, including to access and use MyDrinkaware and to access some content within the Website’s About us section. Full access to such material is controlled by username and password. Registered users will be able to access restricted areas of the site on the basis that:
i. usernames and passwords are confidential to individual users and must not be shared anyone else;
ii. registered users provide true, accurate, current and complete information about themselves as requested in the registration form;
iii. registered users do not do anything that would assist anyone who is not a registered user to gain access to the restricted areas or any material contained therein;
iv. registered users are fully responsible for any use of the Website using their username and password;
v. registered users have read and understood these Terms and Conditions.
If you believe someone has accessed the Website using your user name and password without your authorisation, it is your responsibility to notify us immediately and to set a new password. In no event will we be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password.
We reserve the right to cancel membership to the Website and/or refuse access to the restricted areas. We shall not be liable for any loss or damages whatsoever arising from a registered user’s inability to access any pages on the Website.
10) Information on the Website
If you find any content on the Website to be in any way offensive, obscene, defamatory, racist, harmful, inaccurate, unlawful, illegal or deceptive in any way, please notify us by emailing us at firstname.lastname@example.org using the subject heading “Objectionable Content”.
On receipt of your complaint we may remove or block access to the content complained of.
11) Our liability
To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to the Website. In particular we do not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. You must take your own precautions in this respect.
We do not accept liability for any failure to maintain the Website and/or late or failed delivery of any Materials.
We shall not be liable, under these Terms and Conditions for any indirect, special, incidental or consequential damages or otherwise, even if advised of the possibility of such damages.
The Materials may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of the Materials.
We shall not be liable for any loss caused as a result of your actions or inactions based on the Materials available on the Website. However, nothing in these Terms shall affect your statutory rights, and nothing in these Terms and Conditions shall exclude our liability for:
i. death or personal injury arising through our negligence;
ii. fraud or fraudulent misrepresentation; and/or
iii. anything else that cannot be excluded or limited by us under English law.
12) Serviced countries
The Website is provided for users in the United Kingdom only. Whilst access may be possible from outside the UK, the Website is not intended for such use and such users access the Website at their own risk.
You are responsible for compliance with applicable local laws relating to the use of or otherwise connected with the Website. To the extent that the Website or any activity contemplated by it would infringe any law of a jurisdiction other than England, then you are prohibited from accessing or using the Website or attempting to carry on any such offending activity and this provision shall override all other provisions of these Terms and Conditions.
13) Force Majeure
We shall not be held to be in breach of our obligations hereunder nor liable to you for any loss or damage which may be suffered by another party, due to any cause beyond our reasonable control including without prejudice to the generality of the foregoing, act of god, explosion, flood, tempest, fire or accident; weather, war or threat of war, sabotage, pandemic flu or virus, insurrection, civil disturbance or requisition, restrictions, regulations, bye-laws, prohibitions or measures or any kind on the part of any governmental, parliamentary or local authority; strikes, lock-outs or other industrial actions, power cuts or trade disputes (whether involving our employees or of a third party); or any act or omission of government or regulatory bodies or communications operators.
Failure or delay by us in enforcing any term of the Terms and Conditions shall not be construed as a waiver of any of our rights under it.
The illegality, invalidity or unenforceability of any part of these Terms and Conditions will not affect the legality, validity or enforceability of the remainder.
15) Law and jurisdiction
These Terms and Conditions shall be governed by the laws of England and any matter or dispute arising in connection with them shall be subject to the exclusive jurisdiction of the English courts. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms and Conditions is taking place or originating.
16) Contacting us
If you have any concerns or queries about material which appears on our Website or if you have questions about your use of this Website or these Terms and Conditions please email us at email@example.com.
Page updated: February 2013
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