Drinkaware.co.uk website terms and conditions

 

Welcome to our website. In these terms and conditions, “Website” means:

  • our main website: www.drinkaware.co.uk,
  • our online shop: (www.resources.drinkaware.co.uk) (the “Shop”) and
  • the MyDrinkaware tool (“MyDrinkaware”), a free web-based drink tracking tool which is intended for use by adults aged 18 years or older who reside in the UK, with the  aim of promoting health awareness and assisting people in gaining an understanding of the health and lifestyle impacts drinking alcohol can have.

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 and with registered address Salisbury House 3rd Floor (Room 519), London Wall, London, England EC2M 5QQ. Our Registered Charity Numbers are 1094586 and SC043163. "you" and "your" means you as the user of our Website or any part of it.

We have set out the terms under which we are providing you with access to our Website.

These include:

  •  the general terms and conditions that govern your use of the Website (including your rights to link to the Website) (the “Terms of Use”);
  • specific terms that apply to any orders you make from our Shop (the “Terms of Supply”)
  • details about how we will use and protect information about you (our “Privacy Policy”); and
  • details about our use of cookies on the Website (our “Cookie Policy”).
  • Collectively these documents are termed as the “Terms and Conditions”.
  • By accessing the Website or any part of it, you agree to these Terms and Conditions.

Terms of Use

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 contact@drinkaware.co.uk.  

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 our Website may not be compatible with all devices or operating systems 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).

You also agree that you will not

  • interfere with, or disrupt, the Website or any servers or networks connected to the Website, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature;
  •  inject content or code or otherwise alter or interfere with the way any page of the Website is rendered or displayed in a user’s browser or device; or
  • penetrate or attempt to penetrate the Website security measures.
  • and if you do, you may commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

    RELIANCE ON INFORMATION POSTED

Information is provided on the 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.

All alcohol and calorie calculations and pricing information are based on averages and updated as and when material is supplied by government agencies and/or producers and retailers. Information regarding alcohol consumption and the tips and advice offered as part of the Website are supplied by independent nutritionists, in line with government guidelines AND IS IN NO WAY TO BE A REPLACEMENT FOR PROFESSIONAL MEDICAL ADVICE.

 

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, and provided that you agree that Materials made available for purchase or download via our Shop are also subject to the Terms of Supply.

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:

  1. remove any copyright, trademark or other proprietary notices, our name or branding contained in the Materials; or
  2. 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;
  3. 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 by not for profit entities does not constitute commercial use);
  4. 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.

By transmitting or posting any communication or material to the Website you agree that we may use your communication or material for any purpose, including reproduction, transmission, publication, broadcast, posting, developing, manufacturing and marketing of our services. However, all confidential data (which is specifically marked as such) and all personal data provided to us via or as a result of this Website will be handled in accordance with our strict standards of confidentiality and our Privacy Policy. 

 

TRADEMARKS

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 trademarks. Other trademarks, 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 contact@drinkaware.co.uk.

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.

Please see our Privacy Policy for details of how we will process your personal data.

For details about how we use cookies, please see our Cookie Policy.

REGISTRATION 

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. A separate registration process is also required to order and/or download items from our Shop. Full access to such material and to the Shop is controlled by username and password. Registered users will be able to access restricted areas of the Website and order/download items from the Shop on the basis that:

  1. usernames and passwords are confidential to individual users and must not be shared anyone else;
  2. registered users provide true, accurate, current and complete information about themselves as requested in the registration form;
  3. if registering on behalf of a business or organisation, the user has authority to enter into these Terms and Conditions (and, if relevant to purchase items) on the business or organisation’s behalf;
  4. each individual, business or organisation may only register once and duplicate, false or dummy accounts are not permitted
  5. 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;
  6. registered users are fully responsible for any use of the Website using their username and password;
  7. 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 registration 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.

If you want to cease to be registered with us, email us at contact@drinkaware.co.uk stating this.

 

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 contact@drinkaware.co.uk using the subject heading “Objectionable Content”.

On receipt of your complaint we may remove or block access to the content complained of.

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 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:

  1. death or personal injury arising through our negligence;
  2. fraud or fraudulent misrepresentation; and/or
  3. anything else that cannot be excluded or limited by us under English law.

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.

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.

GENERAL 

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.

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 contact@drinkaware.co.uk.

If you have any suggestions for improvements or additions that you would like to see on the Website please email us contact@drinkaware.co.uk. Our postal address for correspondence is at the beginning of these Terms of Use. Our telephone number is 020 7766 9900 and our fax number is 020 7504 8217.

B. Terms of Supply applicable to our Shop

 

ORDERS FOR PRODUCTS

Our Shop offers an online ordering facility for educational and marketing materials, including leaflets, fact sheets, plastic goods and in some cases electronic PDF’s ("Products"). Products are made available to registered users either as:

(a)    free-to-access downloadable digital content (“Free Digital Content”);

(b)   samples of physical Products, made available for free (“Free Samples”); and

(c)    Products for which payment is required (“Paid Products”) which are made available for the price indicated on the Website (the “Price”).

You agree that the supply and sale of all Products is subject to these Terms and Conditions, provided that, if we amend these Terms and Conditions after you submit an order for Paid Products or Free Samples  (an “Order”), the Terms of Supply in force on the date you submit your Order will apply to your Order, unless any change is required to be made by law or governmental authority, or we notify you of any changes before we send you an email confirming acceptance of your Order (the “Order Confirmation”).

You must be over 18 to use our Shop.

You may find our FAQs https://resources.drinkaware.co.uk/help useful but these do not form part of these Terms and Conditions. If you have any questions about the Shop or these Terms of Supply, please contact our customer services team, via contact@drinkaware.co.uk.

 

FREE DIGITAL CONTENT

Free Digital Content is licensed to you on the basis that you may use and reproduce it (eg by printing hard copies or reproducing it on your own website) solely for educational purposes in its current format. You may not alter, edit, modify, broadcast, sublicense, transfer, sell or otherwise exploit Free Digital Content without our prior written agreement.

 

ACCEPTING ORDERS FOR FREE SAMPLES AND PAID PRODUCTS

All Orders submitted by you for Free Samples and Paid Products are subject to acceptance by us. We may choose not to accept your Order for any reason without liability to you. If we accept your Order we will send you an Order Confirmation and only at that point (whether or not funds have been deducted from your account) will a contract in respect of the relevant Products exist between us (the “Contract”). If we do not accept your Order and funds have already been deducted, these will be fully refunded.

All Orders for Free Samples and for Paid Products must be submitted electronically to our Website and paid for online as explained below. As an exception to this, government bodies, including NHS entities and local councils, may be offered the opportunity to place Orders for Paid Products [by phone or correspondence] and pay on an invoice basis using BACS or cheque, in which these Terms of Supply shall apply to those Orders. In all cases Paid Products will not be dispatched until the Price has been received in cleared funds by Drinkaware.

To place an Order to purchase a Paid Product from Drinkaware, you will be required to follow the shopping process online and press the "Authorise payment" button to submit the Order. When you place an Order, we will send you an ”Acknowledgement of Receipt” containing the details of your Order. Please note that this does not mean we have accepted your Order. Your Order represents an offer to us to purchase a Product which is accepted by us when we send an Order Confirmation (which is when we despatch your Order to you). That acceptance will be complete at the time we send the Order Confirmation to you. Any Products on the same Order which we have not confirmed in an Order Confirmation to have been despatched do not form part of that Contract. We will not be obliged to supply any other Products which may have been part of your Order until the dispatch of such Products has been confirmed in a separate Order Confirmation.

These Terms & Conditions apply to all sales of the Products by us to you and shall apply in place of and prevail over any terms or conditions contained or referred to in your Order or in correspondence or elsewhere or implied by trade, custom or practice. No variation of these Conditions shall be binding upon us unless made in writing.

 

POSTAGE & PACKAGING

The cost of second class postage and packaging for Free Samples within the United Kingdom will normally be met by Drinkaware. The cost of postage and packaging for all other Products shall be paid for by you. If Free Samples are ordered at the same time as Paid Products we may send them in the same packaging and you will be charged the full postage and packaging cost.

 

REFUSAL OF AN ORDER

We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. Whilst we will use our reasonable endeavours to fulfill Orders submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an Order after we have received it or sent you an Acknowledgement of Receipt, which we reserve the right to do at any time, at our sole discretion.

If Products are shown on our Website but are not available or are clearly incorrectly priced or otherwise incorrectly described, we shall not be obliged to sell you such Products.

Although we have made all reasonable efforts to correctly display product colours on the Website, we cannot guarantee that these will be accurately represented.

We will not be liable to you or any other third party by reason of our withdrawing any Product from this website, removing or editing any Materials on this Website or for refusing to process or accept an Order after we have received it.

 

DELIVERY RISK & TITLE

Orders will be sent to the delivery address that you have given on your order form. We cannot be held responsible if that delivery address is incorrect or incomplete. Please note that we do not deliver to PO boxes.

Title in the physical Paid Products will pass to you on the later of:

(a)    the date on which we receive payment in full for such Products; or

(b)   the date of delivery of such Products to your nominated address.

Title in Free Samples will pass to you on the date of delivery of such Products to your nominated address. Once a Product has been received by you, all risk of damage to, or loss of, the Product shall pass to you.

We shall be entitled to (a) deliver the Products in instalments and each instalment shall be deemed to constitute a separate Contract and (b) supply only part of an Order.

We will provide you with, and endeavour to meet, the estimated delivery date stated in your Order Confirmation. If we have not delivered the Products covered by that Order Confirmation within 30 days of sending you the Order Confirmation, you may cancel the Contract and we will refund money received in respect of the Contract from you.

Should Drinkaware a) not receive delivery instructions or b) be unable through no fault of Drinkaware to effect delivery within 14 days after notification to you that items are ready for despatch, you will take delivery or arrange for storage. Should you fail to take delivery or arrange for storage, we shall be entitled to arrange storage on your behalf and all charges for storage, for insurance or for demurrage shall be payable by you.

Delivery dates are approximate only and not an essential term of the Contract. Drinkaware shall have no liability in respect of delays in delivery which are beyond our reasonable control.

 

TERMS OF PAYMENT

The prices of Paid Products shall be as set out on our Website as varied from time to time. All prices are shown inclusive of VAT.

Prices do not include postage and packaging costs (which may vary from time to time) but these will be calculated automatically and displayed clearly before you are given the option of pressing “Authorise payment” to submit your Order. For more information on delivery charges please refer to our FAQ on Delivery Charges.  Please note that we accept payment in British pounds sterling only.

We accept payment by credit or debit card, and by PayPal. You confirm that the credit/debit card or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your Order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for PayPal, your card issuer or bank charging you as a result of our processing of your payment in accordance with your Order.

 

CANCELLATION AND RIGHT TO RETURN AND REFUND.

You may cancel an Order at any time prior to us sending you the Order Confirmation by way of a clear statement. You may (but are not obliged to) do this by completing the Cancellation Form set out below and sending it to us by email [rwalker@drinkaware.co.uk] or by post to [Drinkaware, c/o Sprint Ltd, Unit 3, The Mercury Centre, Central Way, Feltham, Middlesex, TW14 0RN].

Once we have sent you an Order Confirmation and our Contract is formed, in addition to your other legal rights, you have the right to cancel the Contract in respect of one or more Products and receive a refund in accordance with the terms set out below.

Your right to cancel a Contract in respect of one or more Products covered by that Contract starts from the date of the Order Confirmation relating to that Contract and ends 14 days after the date on which you receive all of the Products covered by the Contract.

If you wish to cancel a Contract, you should notify us of your wish to do so by way of a clear statement prior to the expiry of the 14 day cancellation period. You may (but are not obliged to) do this by completing the Cancellation Form set out below and sending it to us by email [rwalker@drinkaware.co.uk] or by post [Drinkaware, c/o Sprint Ltd, Unit 3, The Mercury Centre, Central Way, Feltham, Middlesex, TW14 0RN].

Cancelation Form

To: Drinkaware,

Email: contact@drinkaware.co.uk 

Post: [Drinkaware, c/o Sprint Ltd, Unit 3, The Mercury Centre, Central Way, Feltham, Middlesex, TW14 0RN].

I/we hereby give notice that I/we cancel my/our [order/contract of sale] of the following goods:

[insert name of Products]

Ordered on [insert date of Order]

Order No: [insert relevant Order no]

Your name (or the customer’s name if different):

Your address (or the customer’s address if different):

Date:

If you cancel the Contract within the time period set out above, you must return the Products to [Drinkaware, c/o Sprint Ltd,  Unit 3, The Mercury Centre, Central Way, Feltham, Middlesex, TW14 0RN .]or such other address specified by us as soon as reasonably possible and in any event within 14 days of you notifying us that you are cancelling the Contract. Please retain evidence of sending the Products back to us.

If you cancel the Contract in respect of one or more Products we will refund you all payments received from you in respect of the rejected Products including the costs of outbound delivery.

We shall be entitled to make a deduction from any refund payable to you to take into account the loss in value of the rejected Products if the loss is the result of unnecessary handling by you.

You are responsible for the costs of returning the Products unless we have agreed to collect them or the Products cannot normally be sent by post. Any refunds payable by us to you shall be paid by the same method you used to pay within 14 days of the earlier of

(a)    the date we receive the relevant Products from you; or

(b)   the date you provide evidence that you have returned the Products.

If you decide to cancel a Contract or Order prior to the Products being despatched, we will refund you within 14 days of the date on which you notified us of your decision to cancel the Contract/Order.

When returning Products please replace the item securely in its original packing and return it to us with your despatch note.

 

FAULTY GOODS

Please be aware that if you have returned the Products to us because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges (regardless of the method of delivery), and any reasonable costs you incur in returning the Product to us.

If you are a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund or anything else in these Terms of Purchase.

Drinkaware: 'Track and Calculate Units' Mobile App Terms and Conditions

 

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 and with registered address Salisbury House 3rd Floor (Room 519), London Wall, London, England EC2M 5QQ (“Drinkaware”, “us”, “we” or “our”). Our Registered Charity Numbers are 1094586 and SC043163.

You, the user of the App, confirm your acceptance of these App terms of use (“App Terms”). If you do not agree to these App Terms, you must immediately uninstall the App and discontinue its use.  These App Terms are available from within the App and consist of two sections: (A) General Terms; and (B) Privacy & Analytics Terms.

 

Part A – General Terms 

App and Related Terms                                

Depending on the version of the Application you have downloaded, these App Terms incorporate Apple’s or Google Android’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 or Android 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.

Intellectual Property

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.

Prohibited Uses

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.

 

Indemnification

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.

No Promises

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.

General

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.

Contact Us

If you have any questions regarding our App, you can email us at apphelp@drinkaware.co.uk

Part B – Privacy & Analytics

Introduction

Drinkaware is committed to protecting your privacy. We set out below and in our privacy policy details of the data we will collect from you and how we use that data.

You acknowledge that where you use services provided by Apple or Google (or any other third parties) in connection with your use of the App, you will be subject to Apple’s, Google’s (or the applicable third party’s) terms and conditions and privacy policy and you should ensure that you have read such terms.

The Data We Collect

The information you upload to the App, together with your “Weak Spots” data (if applicable), is received by Drinkaware and will be stored on your Device. If you delete the App or your Device is lost or destroyed, we cannot restore your data unless you have created an account.

To use the App the only personal information you have to provide is your gender and year of birth. You do not have to provide us with your name or email address or other personal identifiers. If you choose to provide us with your email address and/or set up an account, you consent to us being able to link the information you input into the App, together with your “Weak Spots” data (if applicable) to your email address and, if applicable, your account details.

If you do not provide us with your email address or set up an account, Drinkaware will still receive the information you input into the App but we will identify your Device using a randomly generated ID (or similar) and we will not therefore identify you as an individual.

Email

If you choose to provide your email address you agree to receive hints, tips, and support, updates, news, promotions, and information about our products or services from us by email.

You can unsubscribe from these emails at any time by going to the “Email Settings” screen in the App.

 

“Weak Spot” Function

Where you have chosen to use the ‘Weak Spot’ functionality, we may collect data relating to the location of your Device. 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.

If you do not want to share with us the location of your Device, do not enter a ‘Weak Spot’.

If you delete all your ‘Weak Spots’, we will no longer receive location data from your Device. Alternatively, you may turn off the location settings on your Device at any time by accessing the “Privacy” or “Permissions” section of the “Settings” of your Apple or Android Device and by deactivating “Location Services” or “Location”.   

Analytics and Research

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 also use the information collected by the App for research purposes. We may share this information with third party research partners but will only ever do so in a manner which does not identify you as an individual.

We do not use tracking technology for advertising purposes.

Your Consent to Analytics and Research

If you do not agree to the collection and processing of data for analytics and research purposes as described above you should not use the App (and you should uninstall it).

Our Privacy Policy

Any personal data processed by Drinkaware will be processed in accordance with our Privacy Policy: http://www.drinkaware.co.uk/privacy-policy

 

 

Survey Prize Draw Terms and Conditions

Entrants will be deemed to have accepted these terms and conditions, and agreed to be bound by them, when entering this Promotion. 
  1. 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.
  2. To enter, participants must complete the online MyDrinkaware Survey and provide their email address.  Only one entry per person only.
  3. 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.
  4. 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
  5. Completed surveys must be received by the Promoter, by midnight on 5 September 2016.
  6. No purchase necessary.
  7. Entries not submitted in accordance with the rules or those that are illegible, incomplete or unsuitable will be disqualified.
  8. 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.
  9. There is one prize of £50 Amazon Gift Cards. 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.
  10. No cash or other prize alternative. The Promoter reserves the right to provide a substitute prize of similar value should the need arise.
  11. The prizes will only be delivered via email.
  12. A random prize draw will take place on 5 September 2016. 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.
  13. Notification of winning: The winners will be notified by 5 September 2016 by email and/or phone.
  14. The Promoter retains the right to use the winners name and county for promotional purposes.
  15. The Promoter will use each winner’s, and each entrant’s, personal details for the purpose of administering this Promotion.  Please see our Privacy Policy for further details.
  16. The decision of the Promoter is final and binding on all entrants.
  17. The Promoter reserves the right to verify any entrant before awarding a prize.
  18. The Promotion will be governed by English law and is subject to the exclusive jurisdiction of the English and Welsh Courts.
  19. 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.
  20. 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.
  21. The Promoter: The Drinkaware Trust, Finsbury Circus (Salisbury House), 3rd Floor (Room 519), London, EC2M 5QQ.
  22. 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 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 © 2015 by Amazon EU Sarl