Terms and Conditions
The full terms and conditions for the Drinkaware website and the 'Drinkaware: Track and Calculate Units' mobile app.
Drinkaware website: terms and conditions
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 The Drinkaware Trust, 3rd Floor (Room 519), Salisbury House, London Wall, London, EC2M 5QQ.
All applicants must a. "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.
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.
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 email@example.com.
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).
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.
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.
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.
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 firstname.lastname@example.org.
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.
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.
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 email@example.com using the subject heading “Objectionable Content”.
On receipt of your complaint we may remove or block access to the content complained of.
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 in-actions 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.
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.
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.
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.
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 firstname.lastname@example.org.
This mobile application (the “App”) is made available by The Drinkaware Trust, a company limited by guarantee and registered in England and Wales with number 4547974 (“Drinkaware”, “us”, “we” or “our”). Our Registered Charity Numbers are 1094586 and SC043163 and our registered address is Samuel House, 6 St Albans Street, London SW1Y 4SQ.
Part A – General Terms
App and Related Terms
These App Terms incorporate Apple’s terms and conditions and privacy policies (“Platform Terms”). If there is any conflict between these App Terms and the Platform Terms then these App Terms will prevail.
We may from time to time vary these App Terms. Please check these App Terms regularly to ensure you are aware of any variations made by us. If you continue to use this App, you are deemed to have accepted such variations. If you do not agree to such variations, you should not use the App.
Use of the App
You must be at least 18 years of age and resident in the UK to use the App.
Drinkaware hereby grants you a non-exclusive, non-transferable, revocable licence to use the App for your personal, non-commercial use and only on an Apple device (“Device”) as permitted by the applicable Platform Terms and in accordance with these App Terms (“User Licence”). All other rights in the App are reserved by Drinkaware.
In the event of your breach of these App Terms we will be entitled to terminate the User Licence immediately.
You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the App. You acknowledge that you may be charged by the Mobile Provider for data services while using certain features of the App or any such third party charges as may arise and you accept responsibility for such charges. If you are not the bill payer for the Device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.
The Drinkaware name and logo, and other Drinkaware Trust trademarks, service marks, graphics and logos used in connection with the App are trademarks of Drinkaware (collectively “Drinkaware Trademarks”). Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively “Third Party Trademarks”). The Drinkaware Trademarks and Third Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Drinkaware or the applicable trademark holder. The App and the content featured in the App are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to Drinkaware and its licensors.
You agree not to use the App in any way that:
- is unlawful, illegal or unauthorised;
- is defamatory of any other person;
- is obscene or offensive;
- promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringes any copyright, database right or trade mark of any other person;
- is likely to harass, upset, embarrass, alarm or annoy any other person;
- is likely to disrupt our service in any way; or
- advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You agree to indemnify Drinkaware for any breach of these App Terms. Drinkaware reserves the right to control the defence and settlement of any third party claim for which you indemnify Drinkaware under these App Terms and you will assist us in exercising such rights.
Drinkaware provides the App on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. In particular, Drinkaware does not warrant or make any representation regarding the validity, accuracy, reliability or availability of the App or its content. All calorie, alcohol unit, ABV or other drinks related information is based on information provided by alcohol producers and retailers and such data, and other content on the App, may be out of date and Drinkaware makes no commitment to update it.
To the fullest extent permitted by applicable law, Drinkaware hereby excludes all promises, whether express or implied, including any promises that the App is fit for purpose, of satisfactory quality, non-infringing, is free of defects, is able to operate on an uninterrupted basis, that the use of the App by you is in compliance with laws or that any information that you transmit in connection with this App will be successfully, accurately or securely transmitted.
Reliance on Information
The App is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. You should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in the App. THE APP IS IN NO WAY TO BE CONSIDERED OR USED AS A REPLACEMENT FOR PROFESSIONAL MEDICAL ADVICE FROM YOUR GP.
Exclusion of Drinkaware’s Liability
Nothing in these App Terms shall exclude or in any way limit Drinkaware’s liability for death or personal injury caused by its negligence or for fraud or any other liability to the extent the same may not be excluded or limited as a matter of law.
To the fullest extent permitted under applicable law, in no event shall Drinkaware be liable to you with respect to use of the App and/or be liable to you for any direct, indirect, special or consequential damages including, without limitation, damages for loss of goodwill, lost profits, or loss, theft or corruption of your information, the inability to use the App, Device failure or malfunction.
Drinkaware shall not be liable even if it has been advised of the possibility of such damages, including without limitation damages caused by error, omission, interruption, defect, failure of performance, unauthorised use, delay in operation or transmission, line failure, computer virus, worm, Trojan horse or other harm.
In the event that applicable law does not allow the exclusion of certain promises and/or the exclusion of liability for direct, indirect, consequential or other damages, in no event shall Drinkaware’s liability arising under or in connection with these App Terms and your use of the App exceed £50.
These App Terms shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales to resolve any dispute between them arising under or in connection with these App Terms.
If any provision (or part of a provision) of these App Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
If you have any questions regarding our App, you can email us at email@example.com
Part B – Privacy & Analytics
Drinkaware is committed to protecting your privacy. We will not collect any personal data from you in connection with your use of the App.
The Data We Collect
Where you have provided Drinkaware with your prior consent, we may collect data relating to the location of your Device in order to provide you with the ‘Weak Spot’ functionality. The ‘Weak Spot’ functionality allows you to share with us specific locations where you drink. We will then send drinking related reminders to your Device if we identify that you are near such locations.
You may withdraw your consent at any time by accessing the “Privacy” section of the Apple “Settings” and selecting “Location Services”.
Drinkaware may also collect certain non-personal data such as randomly generated ID used to identify your Device and data for analytics purposes.
We use technology on our App for “analytics” purposes. This allows us to, for example, understand more about your interaction with our App and to calculate the aggregate number of people visiting our App and which parts of our App are most popular. This helps us gather feedback so that we can improve our App and better serve our users.
We do not use tracking technology for advertising purposes.
Your Consent to Analytics
If you do not agree to the collection and processing of data for analytics purposes you should not use the App (and you should uninstall it).
Entrants will be deemed to have accepted these terms and conditions, and agreed to be bound by them, when entering this Promotion.
- This free prize draw (“Promotion”) is open to UK residents 18 years or over only. Employees or family members of employees of Drinkaware or any person directly or indirectly involved in the organisation or running of the prize draw or their direct family members are not eligible for entry.
- To enter, participants must pick up a free alcohol measuring kit (also known as Drinkaware’s ‘What’s in your glass’ kit) from participating Pharmacies or outlets, then complete Drinkaware’s online survey at drinkaware.co.uk/glass. One kit per person, one entry per person.
- Entrants who do not give correct details or those who make an entry on someone else’s behalf will be disqualified. No entries from agents, third parties, organised groups or entries automatically generated by computer will be accepted. No bulk entries.
- If the Promoter has grounds to suspect any entrant or third party of cheating, deception or fraudulent or unfair conduct of any kind the Promoter reserves the right (in its sole discretion) to disqualify any entrant, entry or person it reasonably believes to be responsible for, or associated with, such activity
- Completed surveys must be received by the Promoter, by midnight on1 April 2015.
- No purchase necessary.
- Entries not submitted in accordance with the rules or those that are illegible, incomplete or unsuitable will be disqualified.
- Proof of sending will not be accepted as proof of delivery. The Promoter does not accept responsibility for network, computer, hardware or software failure of any kind, which may affect the sending, receipt or processing of an entry.
- There are five prizes of £50 Amazon Gift Cards. Only one £50 Amazon Gift Card per winner. There is no alternative prize, and the prizes are not transferrable. Use of the Amazon gift card is subject to Amazon’s terms and conditions. See paragraph 23 below for further details.
- No cash or other prize alternative. The Promoter reserves the right to provide a substitute prize of similar value should the need arise.
- The prizes will only be delivered via email.
- A random prize draw will take place on 2 April 2015. The winners will be chosen at random from all eligible entries received by the closing date by an independent adjudicator whose decision shall be final.
- Notification of winning: The winners will be notified by 15 May 2015 by email and/or phone.
- The Promoter retains the right to use the winners name and county for promotional purposes.
- The decision of the Promoter is final and binding on all entrants.
- The Promoter reserves the right to verify any entrant before awarding a prize.
- The Promotion will be governed by English law and is subject to the exclusive jurisdiction of the English and Welsh Courts.
- If a prize is unclaimed after reasonable efforts have been made by the Promoter to contact the winner then he will be entitled to dispose of the prize as he thinks fit without any liability to the winner for having done so. A period of one month will be allowed after the initial notification to the supplied contact details for the winner to claim the prize.
- Owing to exceptional circumstances outside its reasonable control and only where circumstances make this unavoidable, the Promoter reserves the right to cancel or amend the promotion or these terms and conditions at any stage but will always endeavour to minimise the effect to entrants in order to avoid undue disappointment.
- The Promoter: The Drinkaware Trust, Samuel House, 6 St Albans Street, London, SW1Y 4SQ
- Amazon.co.uk is not a sponsor of this promotion. Amazon, Amazon.co.uk, the Amazon.co.uk logo, and the smile logo are trademarks or registered trademarks of Amazon EU SARL or its affiliates. Amazon.co.uk Gift Certificates (“GCs”) may be redeemed on the Amazon.co.uk website or affiliated website Javari.co.uk towards the purchase of eligible products listed in our online catalogue and sold by Amazon.co.uk or any other seller selling through Amazon.co.uk. GCs cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other account. Neither the Promoter nor Amazon.co.uk is not responsible if a GC is lost, stolen, destroyed or used without permission. See www.amazon.co.uk/gc-legal for complete terms and conditions. GCs are issued and © 2014 by Amazon EU Sarl
Page updated: February 2015
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