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1.1 The website at drinkaware.co.uk (“Website”) and the MyDrinkaware iOS and Android mobile applications (“Apps”) are provided to you by The Drinkaware Trust (“Drinkaware”, “us”, “we” or “our”). Our registered office is at Salisbury House 3rd Floor (Room 519), London Wall, London, England EC2M 5QQ and our registered number is 4547974. Our Registered Charity Numbers are 1094586 and SC043163.
2.1 By accessing and/or using the Platform and the services and features made available through it, you agree to these Terms. You also acknowledge that our Privacy Notice and Cookie Notice apply to our use of your personal data and cookies (and other similar technologies) in relation to the Platform. Please review these Terms, our Privacy Notice and our Cookie Notice and save a copy of them for your future reference.
2.2 We may amend or vary these Terms at any time and for any reason, including to reflect changes affecting the Platform, our technology, our licensing arrangements, our payment policies, best practices, relevant laws and/or regulatory requirements. You should check these Terms on a regular basis to keep yourself informed of any changes. If you continue to use the Platform, you are deemed to have accepted any changes we make to these Terms. If you do not agree to (or cannot comply with) such changes, you should not use the Platform.
2.3 If you have any questions about these Terms, please contact us using the contact details at the end of these Terms.
2.4 We provide services and other features to you through the Platform and other terms may apply in respect of these services and features, for example:
(a) if you purchase any products from the Drinkaware online shop, the Shop Terms located here will apply; and
(b) if you purchase a trade mark licence to use Drinkaware’s logo, the Trade Mark Licence Terms located here will apply.
3.1 The Apps are available via the Google Play Store for mobile phones and other devices using the Android operating system Android 9 (API level 28) + and via the Apple App Store for mobile phones and other devices using the iOS operating system (version 12.1 or above).
3.2 These Terms incorporate the Apple Media Services Terms and Conditions (“Apple Terms”) and/or the Google Play Terms of Service (“Google Terms”). You agree to comply with the Apple Terms and/or the Google Terms (as applicable), in particular as regards to any usage restrictions set out in such terms. If and to the extent that there is any conflict or inconsistency between (a) these Terms; and (b) the Google Terms and/or the Apple Terms (as applicable), these Terms will prevail.
4. We may update some or all of the Platform and/or any of the services and/or content made available through it at any time and for any reason, for example to improve performance, enhance functionality, reflect changes to operating systems or address security issues. Alternatively, we may ask you to update parts of the Platform for these reasons. If you choose not to install such updates or if you opt-out of automatic updates (where applicable) you may not be able to continue using the Platform or functionality may be impaired.
5.1 In order to use certain parts of our Platform you may be required to register for a MyDrinkaware account (an “Account”), and you may be asked to provide certain personal data to register for your Account, such as name, email address, a password and your age, biological sex, gender and year of birth (“Registration Data”).
5.2 A separate registration process is also required to order and/or download items from the Drinkaware Shop.
5.3 You shall ensure that your Registration Data, and any other information that you provide to us in relation to your Account, is accurate and kept up to date. We will use your Registration Data and such other information, as set out in our Privacy Notice.
5.4 You are responsible for your use of the Platform or any other use that you have authorised, including any transactions that occur in respect of such use. You are also responsible for keeping your Registration Data secure and protecting it against unauthorised use and for ensuring the security of any device from which you sign in to your Account. If you fail to do so, you are responsible for any unauthorised use of the Platform using your Registration Data, including any transactions that occur in respect of such use and we shall have no liability to you in respect of such use. We recommend that you change your password from time to time to assist with security.
5.5 If you believe someone has accessed the Platform using your username and password without your authorisation, it is your responsibility to set up a new password. You agree to immediately notify us of any unauthorised use of your Registration Data.
5.6 You may only have one Account at any one time. We may contact you and require you to satisfy us that you are not in breach of these Terms by operating multiple Accounts at the same time.
5.7 Usernames must not: (i) be obscene or offensive, (ii) infringe any third party rights, or (iii) otherwise (in our absolute discretion) be considered inappropriate. We may ask you to choose a different username at any time.
5.8 We may suspend and/or permanently deactivate your Account if we have reason to believe that you are in breach of these Terms.
5.9 You can ask us to delete your Account at any time by emailing us at firstname.lastname@example.org or by navigating to your Account settings (as described below) and requesting that we delete your Account. We will delete your Account and any other data that you have provided in connection with your Account within 30 days of receiving your request. Once we have deleted your Account and such other information, it cannot be recovered. If you wish to obtain a copy of your Account Data prior to deletion, please request access to your data in accordance with your rights set out in our Privacy Notice.
5.10 If you are accessing your Account through our Website, you can find your Account settings by clicking on the ‘My DA’ icon on the left menu bar. If you are accessing your Account through one of our Apps, you can find your Account settings by navigating to the App’s ‘More’ menu and then selecting ‘Settings’.
6.1 The Platform can be accessed by anyone but because the majority of the Platform’s content is alcohol-related it is intended for people who are of the legal drinking age and above.
6.2 The Platform is intended for use only by those who can access it from within the United Kingdom. Whilst access may be possible from outside the United Kingdom, the Platform is not intended for such use. If you choose to access the Platform from outside the United Kingdom, you do so at your own risk and you are responsible for compliance with applicable local laws relating to the use of, or otherwise connecting to, the Platform. To the extent that the Platform or any activity contemplated by it would infringe any law of a jurisdiction other than the United Kingdom, you are prohibited from accessing or using the Platform or attempting to carry on any such offending activity and this provision shall override all other provisions of these Terms.
6.3 You are responsible for making all arrangements necessary to access our Platform. In particular, you are responsible for ensuring that your computer and/or portable device is compatible with our Platform. Our Website is compatible with most internet browsers Our Apps are compatible with the operating systems referred to at section 3.1 of these Terms.
6.4 You are responsible for ensuring that no one else uses the Platform on your Devices (as defined in section 6.6 of these Terms).
6.5 You acknowledge that your agreement with your mobile network and/or internet service provider (“Internet Providers”) will apply in respect of your use of data in connection with your use of the Platform and that you may be charged by your Internet Provider in respect of such use. You accept responsibility for such charges. If you are not the bill payer for the Device being used to access the App, you must obtain, and will be assumed to have received, permission from the bill payer for using the Platform.
6.6 You may download our Apps onto as many of your compatible devices (“Devices”) as you want to, but you may only have one Account. We hereby grant you a non-exclusive, non-transferable, perpetual licence to use the Apps on your Devices, subject to these Terms.
6.7 You must not (and you must not cause any other person to):
(a) use, or cause others to use, any automated system or software to extract content or data from the Platform for commercial purposes, except where you or any applicable third party has entered into a written agreement with us that permits such activity;
(b) interfere with, or disrupt, the Platform or any servers or networks connected to the Platform, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any page of the Platform is rendered or displayed in a user’s browser or device;
(c) access the Platform via a means not authorised in writing in advance by us, including but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies);
(d) attempt to restrict another user of the Platform from using or enjoying the Platform and you must not encourage or facilitate the breach of these Terms by others;
(e) use the Platform for any illegal or unauthorised purpose or in any way that advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement, computer misuse, or collecting or harvesting any information or data from our systems or servers;
(f) use the Platform in any way or that (i) is defamatory of any other person, (ii) is obscene or offensive, (iii) promotes discrimination based on race, sex, gender, religion, nationality, disability, sexuality or age, or (iv) is likely to harass, upset, embarrass, alarm or annoy any other person;
(g) change, modify, adapt or alter the Platform or change, modify or alter another website so as to inaccurately imply an association with the Platform or us,
7.1 We provide the Platform on an ‘as is’ and ‘as available’ basis. To the extent permitted by applicable law, we exclude all warranties not expressly set out in these Terms, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
7.2 We will do our best to make sure that our Platform (and any email that we send to you in connection with the Platform) is accurate, reliable, up-to-date and free from bugs, trojan horses or other harmful components but we cannot promise that it will be, and you are responsible for putting in place your own internet security and safety measures.
7.3 The content displayed on the Platform (and the content that we send to you via email in connection with the Platform) is made available to you for your general information and is for non-commercial use only. We give no warranty that such content is accurate or reliable. Such content is not intended as any form of advice (whether professional, medical or otherwise) and should not be relied on as such. Any reliance that you may place on the content made available on the Platform is at your own risk.
7.4 All alcohol and calorie calculations are based on averages and updated as and when material is supplied by government agencies and/or producers and retailers. Only calories from alcoholic elements within drinks count towards calorie totals. The information regarding alcohol consumption and medical-related tips and advice that is offered as part of the Platform is in line with government guidelines and is reviewed by Drinkaware’s Medical Advisory Panel which comprises independent medical experts. However, this information is in no way intended to be a replacement for professional medical advice and you should not treat it as being such a replacement. Please seek medical advice from a healthcare professional should you require it.
7.5 Our Platform is provided and has not been developed to meet your specific requirements. We cannot promise that it will be fit or suitable for your specific purposes or that it will be compatible with all or any hardware or software which you may use.
7.6 We make no warranty that the Platform will be uninterrupted or error free, that defects will be corrected or that the Platform or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
7.7 Access to the Platform is permitted on a temporary basis and we reserve the right to withdraw access from the Platform for any reason and without notice.
8.1 Our Platform and all information, music, images, photographs, videos and other content displayed on our Platform (“Material(s)”) are protected by certain rights. These rights include all patents, rights to inventions, copyright, database rights, performer’s property rights, moral rights, trademarks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs and all other intellectual property and proprietary rights, in each case whether registered or unregistered (“Rights”). These Rights either belong directly to us or are licensed to us from their respective owners or licensors.
8.2 You may only view, print out, use, quote from and cite the Platform and the Materials for your own personal, non-commercial use and on the condition that you give appropriate acknowledgment to us where appropriate.
8.3 We expressly reserve all Rights in and to our Platform and the Materials and your use of our Platform and the Materials is subject to the following restrictions. You must not:
(a) copy the Platform except where such copying is incidental to normal use of the Platform, or where it is necessary for the purpose of back-up or operational security;
(b) sub-licence or otherwise make available the Platform in whole or in part (including object and source code), in any form to any person without our prior written consent;
(c) remove any copyright or other proprietary notices contained in the Materials;
(d) use any Materials in any manner that may infringe any of our Rights or the Rights of a third party;
(e) use the Materials in any way that might be illegal or breach these Terms;
(f) reproduce, modify, edit, mix or remix, apply any voiceover or commentary, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit our Platform and/or the Materials in any way for any commercial purpose, without our prior written consent;
(g) disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform or attempt to do any such thing; or
(h) use the Platform or Materials in any way that is in contravention of any applicable law or regulation or in any manner that will violate the privacy, publicity or personal rights of others or in any defamatory, obscene, threatening, abusive or hateful material including without limitation using the Platform or any Materials in connection or association with any obscene, defamatory, illegal, pornographic material or in relation to products and services that relate to firearms, gambling, pharmaceuticals, pornography or tobacco or otherwise than in accordance with normal standards of decency.
8.4 Any use of our Platform or the Materials in a manner not expressly permitted by these Terms may constitute an infringement of our Rights and/or the Rights of our licensors. We and our licensors reserve the right to exercise all rights and remedies available in respect of any infringement of Rights in our Platform or the Materials accessible on it.
9.1 We reserve all Rights in the names “Drinkaware”, “MyDrinkaware”, the www.drinkaware.co.uk www.bedrinkaware.co.uk, and www.drinkfreedays.co.uk domain names and all related domains and sub-domains, our logo and our service marks, brand names, trading names and/or trademarks appearing on our Platform. Other trademarks, products and company names mentioned on our Platform may be the trademarks of their respective owners or licensors and the Rights in such marks are reserved to their respective owners or licensors.
9.2 Nothing in these Terms should be construed as granting any licence or right to use any such trademarks or our domain name.
10.1 We permit you to link to our Platform if you comply with the following:
(a) you only do so in a way that is fair and legal and does not take advantage of or damage our reputation,
(b) you do not link to our Platform via any digital property containing content of an adult or illegal nature, or material that is offensive, harassing or otherwise objectionable;
(c) you do not suggest any form of association, approval or endorsement by us unless we have otherwise explicitly consented for you to do so in writing;
(d) you do not remove, obscure or modify in any way any advertisements, copyright notice, or other information on our Platform, or frame any aspect of our Platform on any other site;
(e) you do so for non-commercial purposes; and
(f) you do not link to any page of the Website other than the home page unless we explicitly consent for you to do so in writing.
10.2 We reserve our right to withdraw our permission granted at section 10.1 at any time without notice.
10.3 If you would like to link to our Platform for commercial purposes or any purpose not included above, please contact email@example.com.
10.4 Creation of a link to the Platform 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 the Platform, whether by link or otherwise, is responsible for bringing these Terms to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.
11.1 If you are in breach of, or we suspect you are in breach of, these Terms or any other terms applicable to the services that we make available through the Platform, we may take any or all of the following actions:
(a) issue a warning to you;
(b) effect an immediate, temporary or permanent withdrawal of your access to your Account and/or the Platform without notice;
(c) take legal action against you; and/or
(d) disclose such information to law enforcement authorities as we reasonably feel is necessary.
11.2 The responses described above at section 11.1 are not limited and we may take any other actions we reasonably deem appropriate.
12.1 Consumers may have certain legal rights when using the Platform. These are also known as “statutory rights” as they are derived from laws such as the Consumer Rights Act 2015. Nothing in these Terms affects these rights (if they are applicable). In particular, we do not exclude our liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any matter for which it would be illegal for us to limit or exclude our liability.
12.2 Except as stated in section 12.1 and to the extent permissible by applicable law, we will not be liable for any loss or damage caused by us or any of our employees or agents in circumstances where:
(a) there has been no breach of a legal duty of care which is owed by us;
(b) the loss or damage is not a reasonably foreseeable result of any breach of these Terms; and/or
(c) the loss is caused by an event or circumstance beyond our reasonable control.
12.3 Except as stated in section 12.1 and to the extent permissible by applicable law: (a) we shall not be liable for any loss of profits or revenue, loss of anticipated savings, loss of or damage to data or loss of goodwill; and (b) our maximum liability to you in respect of your use of our Platform or any matter arising under or in connection with these Terms is £50.
12.4 Nothing in these Terms affects our liability to you in respect of products or services that you purchase from us. Our liability to you in respect of your purchase of products or services from us will be as set out in our Shop Terms.
13.1 You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by us as a result of your breach of these Terms or default in the discharge of your obligations.
13.2 You agree to indemnify us for any breach by you of these Terms. This means you will be responsible for any loss or damage we suffer as a result of your breach. We reserve the right to control the defence and settlement of any third party claim for which you indemnify us under these Terms and you will assist us in exercising such rights.
14.1 The Platform (and emails that we send to you in connection with the Platform) may include links to third party websites, applications and/or other digital properties (“Third Party Properties”) that are controlled and maintained by third parties (“Third Parties”). If you decide to visit any Third Party Property or use a service made available through, or purchase products via, a Third Party Property, you do so at your own risk. It is your responsibility to satisfy yourself as to the reputation of the relevant Third Party and the services they offer. We are not responsible for the content, accuracy or opinions expressed on Third Party Properties. Links that we make available do not imply that we are, or our Platform is, affiliated to or associated with such websites or services.
14.2 Your interaction with any Third Party Property is subject to the relevant Third Party’s own terms and policies. In particular, Third Parties will process your personal data in accordance with their own privacy notices. Please read all applicable terms and polices of the relevant Third Party before using a Third Party Property and/or using a service made available through, or purchasing products via, a Third Party Property.
15.1 You may not transfer, assign, charge or otherwise dispose of any rights or obligations arising under or in connection with your use of the Platform, without our prior written consent.
15.2 You agree that we may transfer, assign, charge or otherwise dispose of any rights or obligations arising under or in connection with the Platform.
15.3 You also agree that we may use third parties and sub-contract our obligations provided that we remain responsible to you for the performance of these Terms.
16 If any provision of these Terms should be found to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such provision shall be removed and the remaining provisions shall survive and remain in full force and effect and continue to be binding on and enforceable by both of us.
17 A person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms but this section does not affect a right or remedy of a third party which exists or is available apart from that Act.
18 These Terms and the use of the Platform generally and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England.
We will give notice to you via the Platform or using the contact information you provided to us as part of your registration.
Notice will be deemed received and properly served immediately when posted to the Platform, 24 hours after an e-mail is sent, or three days after the date of posting any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to, and received by, the e-mail address provided by the addressee.
20 If we fail to exercise any right or remedy under our Terms, our failure does not constitute a waiver of that right or remedy. Any waiver must be in writing and signed by us.
21.1 If you have any queries or complaints relating to the Platform or these Terms, please contact us by:
(a) sending an e-mail to firstname.lastname@example.org;
(b) calling us on 020 7766 9900; or
(c) writing to us at Drinkaware, Salisbury House, London Wall, London, England EC2M 5QQ, marking your letter for the attention of the Data Protection Officer if your query or complaint relates to our use of your personal data.
We will try to answer your enquiry or resolve your query or complaint as soon as possible.
21.2 If you have an enquiry or complaint about any purchase you have made from us, please refer to our Shop Terms for details of how we can help.
Last Updated: [26 August 2021]