Effective From Date: 06 August 2018
Any use by you of the www.artfulpour.com website (“Site”) and or (“Apps”), products and services made available by us (“Goods”), are upon the condition that you accept these Conditions of Use, including our Privacy and Cookie Notice (collectively, “Conditions of Use”). The Artful Pour Ltd (“TAP”) may amend the Conditions of Use from time to time without notice and at our discretion, and we reserve the right to do so. The responsibility to review this set of pages periodically for updates, is yours. You should note that updates to the Conditions of Use shall come into effect when posted. Continued use of our Site and or our Apps constitutes your acceptance of the Conditions of Use. TAP reserve the right to change, modify, edit, suspend, or cease any portion, features, or content of our Site and or our Apps at any time without encumbrance and without notice. TAP may also execute limits on certain features, and or functionality and or take steps to restrict your access to parts of our Site and or Apps or our Site, including our Apps, in full and without notice or liability. Our Site and or Apps are operated by The Artful Pour Ltd a company registered in England and Wales with company number 07632924 and with its registered address at Unit 9, Leeds & Bradford Airport Industrial Estate, Harrogate Road, Leeds, LS19 7WP.
Our Site and or Apps are intended for your use only, and strictly only if you are of legal age to drink and or purchase alcohol in your country of residence and in the country from which you are accessing our Site and or our Apps, products or services. You may be in breach of laws or regulations applicable in your country of residence or access, and you should leave the Site immediately if you do not fall into this category. In the UK alcohol can only be drank by, purchased by, and for, individuals aged 18 and over in the UK. If you do not fall within this category, you should leave our Site and or Apps, immediately.
These pages, together with any documents referred to on it, tell you information about The Artful Pour Ltd and the legal terms and conditions (Conditions of Use) on which we will supply any products and services (Goods) listed on our Site and or our Apps to you.
The Conditions of Use will apply to any contract between us for the sale of Goods to you (the Contract).
By ordering any Goods through our Site and or our Apps, you agree to be bound by the Conditions of Use which will form part of a legally binding agreement between us. If you refuse to accept the Conditions of Use, you will not be able to order any Goods through our Site and or Apps, and or have access to our products and services, neither should you attempt to access them.
As outlined above we do amend these Conditions of Use from time to time as set out herein. Therefore every time you wish to order Goods, please check the Conditions of Use to ensure that you understand the Conditions of Use, which will apply at that time. If you believe there to be a mistake in the Conditions of Use and or if you believe changes are required, please contact us by email at email@example.com to discuss.
The Conditions of Use, and any Contract between us, are only in the English language.
Please note that no other languages will apply to this Contract.
It may be possible for you to restrict access to our Site and or our Apps using content filtering software or by changing your computer settings (e.g. browser or operating system).
IF YOU DO NOT ACCEPT THESE CONDITIONS OF USE IN THEIR ENTIRETY YOU MUST LEAVE THE SITE NOW. All references to ‘The Artful Pour’, ‘TAP’, 'us', 'our', 'we', or ‘company’ within these Conditions of Use are deemed to refer to The Artful Pour Ltd, its affiliates, subsidiaries and associates.
1. INFORMATION ABOUT THE ARTFUL POUR LTD AND HOW TO MAKE CONTACT WITH US
1.1 Who Are The Artful Pour Ltd. We operate the website www.theartfulpour.com our Site and our Apps. The Artful Pour Limited is a company registered in England and Wales. Our company registration number is 07632924 and our registered office is at at Unit 9, Leeds & Bradford Airport Industrial Estate, Harrogate Road, Leeds, LS19 7WP. Our registered VAT number is GB113813837.
Our AWRS registration number is AWRS URN XTAW 000 0011 1221 .
1.2 The Term “Writing” Includes Emails. When we use the words “writing” or “written” in these Conditions of Use, you should note that this includes the use of emails.
1.3 How To Contact The Artful Pour Ltd. You can contact us by telephoning our team at 0845 642 2123 or by sending an email to firstname.lastname@example.org or by writing to us at The Artful Pour Ltd, Unit 9, Leeds & Bradford Airport Industrial Estate, Harrogate Road, Leeds, LS19 7WP.
1.4 How The Artful Pour Ltd May Contact You. If The Artful Pour Ltd needs to contact you, we will do so by either by telephone or by writing to you at one of the postal addresses or email addresses that you have provided to us on our Site and or our Apps.
2.1 You agree that you are allowed to make use of this material and/or content on our Site and or Apps, only as set forth in and to the extent allowed by the Conditions of Use.
2.2 You accept all rights in all content, material, products and services (including, but not limited to, text, images, photographs, trademarks, web pages, sounds, software, video (including any code, interfaces, and website structures), the look and feel, designs, and compilations thereof) on our Site and or Apps are owned or licensed by The Artful Pour Ltd.
3. USE OF OUR SITE AND OR APPS
3.1 You accept that your use of our Site and or our Apps is governed by our Conditions of Use and Privacy and Cookies Notice. You should take time to read these, they include important terms and conditions which apply to you https://www.theartfulpour.com/pages/privacy-and-cookie-notice
4. INTELLECTUAL PROPERTY AND RESTRICTIONS OF USE
4.1 Unless otherwise indicated, The Artful Pour Ltd are the owner and/or the authorised user of all trademarks, service marks, design marks, trade dress, patents, copyrights, database rights and other intellectual property (collectively, the “Intellectual Property”) appearing on or contained within the our Site and or Apps. Except as provided in these Conditions of Use, your use of the our Site and or Apps does not grant you any title interest, license, or right to any such Intellectual Property you may access on our Site and or our Apps. Except as provided in these Conditions of Use, any reproduction or use of the Intellectual Property is prohibited.
4.2 Except as expressly authorised by law, by us, or by the applicable licensor in writing, you are not entitled to transmit, reproduce, license, sell, publicly perform, distribute, adapt, modify, translate, rework, bundle, merge, share, or otherwise make available to any person, or to create derivative works of, any or all of the materials or content available on our Site and or our Apps, or to use it for commercial any purposes.
5. AGE RESTIRCTIONS FOR THE PURCHASE OF ALCOHOLIC GOODS
5.1 The purchase of alcoholic Goods made available on our Site and or our Apps is subject to age requirements specified by law. Alcohol can only be purchased by, and for, individuals aged 18 and over in the UK. We are not permitted by law to supply these Goods to individuals who do not satisfy these age requirements and, if you are underage (or, if different, the intended recipient of the alcoholic Goods is underage), you must not attempt to order these Goods through our Site and or our Apps.
5.2 By placing an order for alcoholic Goods through our Site and or our Apps you confirm that you (and, if different, the recipient of the alcoholic Goods) satisfy the age requirements necessary to buy such Goods.
6. OUR PRODUCTS
6.1 PACKAGING MAY VARY FOR GOODS. The packaging of the Goods may vary from that shown on images on our Site and or our Apps.
6.2 PICTURES OF GOODS MAY VARY SLIGHTLY. The images of the Goods on our Site and or our Apps are for illustrative purposes only. Your Goods may vary slightly from those images.
7. OUR CONTRACT WITH YOU
7.1 All orders that you place on our Site and or our Apps for the Goods will be subject to acceptance in accordance with the Conditions of Use and any terms contained therein.
7.2 PLACING AN ORDER.
7.2.1 Our Site and or our Apps shopping pages will take you through the various steps you need to follow to place an order with us via our Site and or our Apps. Our Site and or our Apps order process will allow you to check and amend any issues and errors before submitting your order for processing by us. You should take the time to read and check your order at each page, and at each step of the the order process.
7.2.2 When you place your order with us, at the end of an online checkout process (e.g. when you click on a button to confirm payment or pay now), you will then receive an email from us acknowledging that we have received your order. Please note however, that this does not mean that your order has been accepted. Acceptance of your order by us will take place as described in condition 7.2.3 below.
7.2.3 We will confirm acceptance of your order by sending you an email to you that confirms that the Goods have been dispatched (Dispatch Confirmation). The Contract between you and The Artful Pour Ltd will only be created when we send you such a Dispatch Confirmation.
7.2.4 The Contract will relate only to those Goods confirmed in the Dispatch Confirmation sent to you. The Artful Pour will not be obliged to supply any other Goods which may have been part of your order until we confirmed acceptance of the order of those Goods in a Dispatch Confirmation sent to you.
7.3 ORDERS THAT ARE NOT ACCEPTED. In the event we are unable to accept your order, we will inform you of this non-acceptance in writing, and will not charge you for the Goods. There are a number of reasons that we can not accept orders and these include but are not limited to:
7.3.1 you are not permitted to have the Goods sold to you and or we are not permitted to sell the Good to you; or
7.3.2 an error is identified in the price or description of the Goods; or
7.3.3 your payment can not be authorised by us or a third party payment processor; or
7.3.4 the Goods being out of stock; or
7.3.5 a delivery deadline you have specified can not be met by us.
7.4 SUBJECT TO AVAILABILITY. All orders for Goods are subject to availability. TAP will inform you as soon as possible if any Goods you have ordered are not available and will endeavour not to process your order for those Goods, unless it is done so in error.
7.5 RIGHTS TO MAKE CHANGES TO THE GOODS. To reflect changes in relevant laws and regulatory requirements, TAP may change the Goods. In the event we change the Goods, and they apply to an order you have placed, we will notify you and you may then contact us on email@example.com to end the Contract and receive a full refund before the changes take effect.
7.6 ORDER NUMBERS. TAP will assign an order number to your order and will inform you what your order number is upon accepting your order. If you are able to tell us the order number whenever you contact us about your order it will help us to provide you with a better service.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 ENDING YOUR CONTRACT WITH US. The rights you have when you end the Contract will depend on what you have bought from us, whether there is anything wrong with it, how TAP are performing and in addition when you decide to end the Contract:
8.1.2 If you believe what you have bought is faulty or not described correctly you may have a legal right to end the Contract (or in some cases to get the Goods replaced, or to get some or all of your money back), for further details see condition 15;
8.1.2 In the event we have something or have told you we are going to do something, and you want to end the Contract because of this, see condition 8.2;
8.1.3 If you have changed your mind about ordering the Goods, see condition 8.3. It is possible you may be able to get a refund if you are within the cooling-off period, however please note this may be subject to deductions and in addition you will have to pay the costs of returning any of the Goods.
8.2 You are ending the Contract because of something we have done or are going to do. If you are ending a Contract for a reason set out in conditions 8.2.1 to 8.2.4 below the please note that the Contract will end immediately, we will refund you in full for any Goods which have not been provided. These reasons are:
8.2.1 TAP have told you about an upcoming change to the Goods or these Conditions of Use, which you do not agree to;
8.2.2 TAP have told you about an error in the description or price of the Goods that you have ordered with us and you have decided that you do not wish to proceed;
8.2.3 the supply of the Goods are potentially going to be delayed by more than 14 days because of events outside the control of TAP; or
8.2.4 because of something we have done wrong you have a legal right to end the Contract and this includes because we have delivered late (see condition 14.6).
8.3 The right to change your mind and exercising your rights as per the Consumer Contracts Regulations 2013. For many goods bought online, you may have a legal right to change your mind within 14 days of receiving the goods and request to receive a refund. Such rights, are explained in more detail in these Conditions of Use.
8.4 When the right to change your mind is not given. Please note you do not have a right to change your mind with regards to Goods sealed for health protection or hygiene purposes, once such Goods have been unsealed, after you receive them (for example sealed alcoholic goods).
8.5 You will have 14 days after the day you, or someone you have nominated, receives the Goods, unless:
8.5.1 Your Goods delivery of your Goods is split up, over different days. In this event you have until 14 days after the day you, or someone you have nominated, receives the last delivery in order to change your mind about the Goods.
8.5.2 Your Goods are for regular delivery over a set period. In this event you have until 14 days after the day you, or someone you nominated, receives the first delivery of the Goods.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell TAP you want to end the Contract. To end the Contract with us, you must let us know by doing one of the following:
9.1.1 You can email us at firstname.lastname@example.org. You will need to provide your name, home address, delivery address, details of the order and, where available, your email address and phone number.
9.2 Returning your Goods after the Contract ends. If you end the Contract for any reason after the Goods have been dispatched to you or you have received them, you must return them to us without unnecessary delay and not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You must return the Goods in person to where you bought them or post them back to us within the 14 days, or allow us to collect them from you. Please email usat email@example.com for a return label. Please see our Returns Policy https://www.theartfulpour.com/pages/deliveries-and-returns
9.3 When we will pay the costs of return. We will pay the costs of return if:
9.3.1 the Goods are faulty or described incorrectly; or
9.3.2 you are ending the Contract because we have told you of an change to the Goods that is upcoming or an upcoming change to these Conditions of Use, an error in the pricing or description, a delay in delivery due to circumstances outside our control, or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances you must pay the costs of return, including where you are exercising your right to change your mind.
9.4 How refunds are made to you. The price you paid for the Goods including delivery costs will be refunded , by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 Deductions from refunds. If you are exercising your right to change your mind:
9.5.1 Your refund may be reduced (excluding delivery costs) to reflect any reduction in the value of the Goods, if this is a result of your handling of them in a manner which would not be allowed in a shop or retail premises. If we refund you the price paid prior to when we are able to inspect the Goods and then discover you have handled them in an unacceptable way, you must then pay us an appropriate amount to remedy this.
9.5.2 The maximum amount refunded for delivery costs will be the costs of delivery by the most inexpensive delivery method that we offer. For example, if we offer delivery of Goods within 3-5 days at one cost but you have chosen to have the Goods delivered within 24 hours at a higher cost, in this instance we will only refund the amount you would have paid for the cheaper delivery option.
9.6 When your refund will be made. We will endeavour to make any refunds due to you as quickly as possible. If you are exercising your right to change your mind then:
9.6.1 In the event we do not offer to collect the Goods, your refund will be made within 14 days from the day on which the Goods are received back from you, or if earlier, the day on which we receive proof that you have sent the Goods back to us. For further information about how to return Goods to us, see condition 9.2.
9.6.2 In all other cases, your refund will be made within 14 days of you informing us that you have changed your mind.
10. HOW WE MAY USE YOUR PERSONAL INFORMATION
11. OUR RIGHT TO VARY THESE CONDITIIONS OF USE
11.1 We do change these Conditions of Use from time to time. Whenever you order Goods from us via our Site and or our Apps, the Conditions of Use in force at the time of your order will apply to the Contract between you and us.
11.2 If we need to revise these Conditions of Use, and if they apply to your order, we will contact you to give you notice of the changes and let you know how to cancel the Contract if you are unhappy with the changes. You may cancel either all of the affected Goods or just the Goods you have yet to receive. If you opt to cancel, you will need to return (at our cost) any relevant Goods that you have received and in this instance we will arrange for a full refund of the price you have paid, including any charges for delivery.
12. PAYMENT AND PRICE
12.1 Where to find the prices for the Goods. The prices for the Goods, will be the price shown on the order pages of our Site and or our Apps when you placed your order, shipping and or VAT and or taxes will be shown at the point of confirming your order. We will make every effort to ensure that the price of the Goods advised to you is correct. However please refer to condition 12.4 for what happens if we discover an error in the price of the Goods that you have ordered.
12.2 We will pass on changes in the rate of VAT to you. In the event the rate of VAT changes between your order date and the date we supply the Goods in your order, we will adjust the rate of VAT that you pay, unless in the event that you have already paid for the Goods of your order in full and this happened before the change in the rate of VAT took effect.
12.3 Delivery charges. The prices of the Goods does not include delivery charges unless specifically listed in special cases. The delivery charges are therefore, unless otherwise indicated, as advised to you during the check-out process, prior to you confirming your order. To check delivery charges, please refer to our Delivery Charges https://www.theartfulpour.com/pages/deliveries-and-returns
12.4 What happens if we get a price wrong? It is always a possibility that, regardless of our best endeavours, some of the Goods we sell may be incorrectly priced. We will normally check prices before accepting your order in order that, where the Goods’ correct price at your order date is less than our specified price at your order date, we will then charge the lower amount. If the Goods’ correct price at your order date is higher than the price specified, we will contact you for your instructions, before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable, and could reasonably have been recognised by you as mispriced, we may proceed to end the Contract, and refund you any sums that you have paid to us and require the return of any Goods provided and or delivered to you.
13. HOW TO PAY
13.1 How you must pay. Payment for all Goods must be made by PayPal or credit or debit card. We accept payment with credit and debit cards that are set out on the order pages on our Site and or our Apps and or our Apps. All payments are subject to authorisation by your card or payment method issuer.
13.2 When you must pay. Payment for the Goods and all delivery charges that apply, is in advance of despatch by us.
14. DELIVERY OF THE GOODS
14.1 When the Goods are delivered. You will be contacted with an estimated delivery date, which will be within 30 days after the date of Dispatch Confirmation e.g. the date on which we email you to confirm our acceptance of your order.
14.2 Please note that we and or our delivery partners are not responsible for delays outside our control. If the supply of the Goods is delayed by an event outside our control then you will be contacted you as soon as possible to let you know and steps will be taken to minimise the effect of the delay in delivery. Provided that we do this, we will not be liable for any delays caused by the event, however if there is a risk of the delay lasting more than 14 days]you may contact us to end the Contract and claim a refund for any Goods that you have paid for but have not received.
14.3 Delivery to addresses outside the UK mainland shall be subject to our discretion to accept or not accept the order, and shall have a non-UK mainland delivery charge applied, which we will confirm to you either during the ordering process or if you find that our ordering system does not accept your postcode region and you contact us, and or you contact us to discuss a delivery option that is not listed on our ordering system.
14.4 If you are not at home when the Goods are delivered and no one is available at your address to take delivery, we will contact you informing you of how to attempt to rearrange delivery or collect the Goods from a delivery depot, however a redelivery may be subject to additional fee.
14.5 If you do not re-arrange delivery, and you do not collect the Goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a local delivery depot, we will need to contact you for further instructions and may charge you for storage costs and any further delivery costs where applicable. If, we make all reasonable efforts, and despite of these efforts, we are unable to contact you or are unable to re-arrange delivery or collection, we may end the Contract by notifying you in writing.
14.6 Late deliveries and your legal rights. If Goods are delivered late to you, you have legal rights. If we the delivery deadline for any Goods is missed, then you may in these instances treat the Contract as at an end straight away, in the event that any of the following apply:
14.6.1 delivering the Goods to you has been refused by us;
14.6.2 delivery within the delivery deadline was essential when taking into account all the relevant circumstances; or
14.6.3 you specifically told us in writing before your order was accepted, that delivery within the delivery deadline was essential.
14.7 Setting a new deadline for delivery. If you do not wish to treat the Contract as at an end straight away, or do not have the right to do so under condition 14.6, you can if you wish give a new deadline for delivery, which must be reasonable, and you can treat the Contract as at an end if that new deadline is not met.
14.8 Late delivery and ending the contract for this. If you do elect to treat the Contract as at an end as a result of late delivery, under condition 14.6 or condition 14.7, you can cancel your order for any of the Goods or if you wish, reject Goods that have been delivered. If you wish, you can reject or cancel the order for some of those Goods instead of all of them, unless splitting up some those Goods would significantly reduce their value. After which, we will then refund any sums that you have paid to us for said cancelled Goods, and their delivery. In the event the Goods have been delivered to you, you must then either return the Goods in person, to where you bought them, post them back to us or if they are not suitable for posting and you are unable to arrange to use a courier. allow us to collect them from you. We will pay the costs of postage or collection in certain circumstances. Please email us at firstname.lastname@example.org for a return label. Please see our Returns Policy https://www.theartfulpour.com/pages/deliveries-and-returns
14.9 When you become responsible for the Goods. The Goods will be your responsibility from the time that we deliver the Goods to a delivery address you gave us or when you (or a carrier organised by you) have proceeded to collect the Goods from us.
14.10 When you own the Goods. You own the Goods upon us having received full payment, including any taxes and all applicable delivery charges.
14.11 A responsible person aged 18 or over is to sign for any goods that require a signature on delivery.
14.12 Orders placed by 1pm will be packed and shipped the same day, when next working day delivery is selected. All orders placed after this time will be packed and shipped the following day. For all orders placed after 1pm on a Friday or on a weekend, or on a bank holiday, these orders will be packed and shipped using your chosen delivery option, during the next working day.
14.13 When next day delivery is not selected orders will default to standard delivery usually completed within 3 working days, unless there are exceptional circumstances.
14.14 Our delivery service will make two attempts for delivery, but only one if the person at the property fails the challenge 18 policy. If either of these fail, then any products, are returned and repeat deliveries will be charged for.
15. IN THE EVENT OF A PROBLEM WITH THE GOODS
15.1 Telling us about problems. In the event you have any questions or complaints about the Goods, please contact us within 48 hours. You can write to our customer services team at email@example.com OR The Artful Pour Ltd, Unit 9, Leeds & Bradford Airport Industrial Estate, Harrogate Road, Leeds, LS19 7WP.
15.2 Your legal rights summarised. TAP are under a legal duty to supply Goods that are in conformity with this Contract. Please see the box below for a summary of your key legal rights in relation to the Goods. Nothing in these Conditions of Use will affect your legal rights.
Summary of your key legal rights
Below is a summary of your key legal rights. These are subject to certain exceptions. In order to obtain more detailed information please visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 state that within 14 days of receiving your Goods, in most cases, you can change your mind and get a full refund should you request one.
The Consumer Rights Act 2015 says that Goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product you’re entitled to the following:
· Up to 30 days: if your item is faulty, then you can get a refund.
· Up to six months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
· Up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back.
The information in this summary, summarises your key rights. It is not intended to replace these Conditions of Use or The Consumer Rights Act 2015 or The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 , all of of which you should read carefully.
15.3 Your obligation to return rejected Goods. If you wish to exercise your legal rights to reject Goods you must return the rejected Goods in accordance with conditions 9.2 and 9.4.
The basis and terms on which you may return Goods to us is as set out in our Returns Policy and the Conditions of Use.
17. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
17.1 If we fail to comply with these Conditions of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, however it is important to note that we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both parties knew it might happen, for example, if you informed us of this, in writing during an ordering process .
17.2 We are not liable for business losses. If you use the Goods ordered using the checkout process on our Site and or our Apps for any commercial, business or re-sale purposes, outside of our formal business channels and without a business contract being in place between us, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity outside of any such formal business contract, not foregoing that any such contract may or may not contain details of either parties liabilities and or responsibilities for loss or damage suffered.
18. MATERIALS SUBMITTED BY YOU
TAP do not solicit nor do TAP wish to receive any confidential, secret, or proprietary information or other material from you through our Site and or our Apps or any of its services, by email or in any other way, unless any such information and or material is specifically requested. Any information or material you submit that has not expressly been requested by TAP, will be deemed not to be confidential, secret, or proprietary. Any information or materials that you submit to our Site and or our Apps, whether concepts, creative ideas or other materials, in any format including, but not limited to, writings, images, illustrations, recipes, audio recordings, and video recordings, you agree may be used, reproduced and disclosed by TAP without restriction for whatever purpose we deem fit, and without payment of any sum and or any acknowledgement of you as their source. Furthermore you also warrant that any “moral rights” in any posted materials have been irrevocably waived by the appropriate authors. TAP shall have no liability for any loss or damage suffered by you as a result of use or disclosure of such materials by us to the extent permitted by law. It is important to note that this paragraph does not affect any rights you may have under data privacy laws general or otherwise, that protect your personal information or similar such privacy laws, to the extent that such rights cannot be waived or excluded.
19. INTERFACING SITES
You agree and acknowledge that TAP have no responsibility for the content (“Linked Content”) hosted by any and all unaffiliated websites (“Interfacing Sites”) to which you or we may link to from our Site and or our Apps, or otherwise display on our Site and or our Apps via an application programming interface or any other method.
It should be noted that TAP do not host or store this Linked Content. Any display of Linked Content or the provision of links to Interfacing Sites does not constitute an endorsement by, or association with TAP of such Linked Content, Interfacing Sites, including products, advertising, or other materials presented on such sites. You agree and acknowledge that TAP are not liable or responsible, directly or indirectly, for any damages, losses, or costs caused or alleged to be a result of and or in connection with your use of or reliance on any such goods, contents, products and or services available on such Interfacing Sites, or for any actions undertaken by such Interfacing Sites.
To make use of some of the functionality of our Site and or our Apps you may at times be required to establish an account with a username and password with such Interfacing Sites. It should be noted that as these are unaffiliated sites to us, we are not responsible and take no responsibility for any username, password, or other data and information these sites may collect. Also please note will never ask you to provide us with your password for such Interfacing Sites. If for any reason you are unable to establish accounts on these Interfacing Sites, it may result in you not being able to fully utilize the functionality provided by the our Site and or our Apps.
In addition to these Conditions of Use, the Linked Content that is displayed on our Site and or Apps, are subject to the terms applicable to use the Interfacing Website, as they set forth, and this includes your rights relating thereto.
20. ACCOUNTS AND SECURITY
TAP may enable you to establish an account with a username and password to access and to use certain areas of our Site and or Apps, Public Forums, and other products and services that we offer. It is your sole responsibility to control access, distribution and use of your password, to control access to and use of your account, and notify us without delay when you wish to cancel your account. We will not be responsible or liable for any damages or loss, claimed or otherwise, that arise from failure to comply with this provision by you.
It is prohibited for you to create an account unless you are of legal age to purchase alcohol in your country of residence and in the country in which you are accessing our Site and or Apps. You shall provide us with accurate account information. It is your responsibility to maintain the strict confidentiality of your account password, and you are fully responsible for any activity using your account and password. You agree to (i) immediately notify us of any unauthorised use of your account or password, or any other security breach, and (ii) ensure that you exit your account in full at the end of each session.
21. NO WARRANTIES
Our Site and or Apps are provided “as is,” and use of it by you and your use of it, is thereof at your own risk. We and our officers, directors, agents, employees and assigns disclaim, to the fullest extent permitted by law, all and any express and implied warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, performance, title, and non-infringement. TAP do not warrant that our Site and or Apps will be free from viruses, available, accessible, error-free, uninterrupted, or that the contents will be accurate. Although TAP take reasonable steps to secure our Site and or Apps, you acknowledge that the internet is not an entirely secure medium and that we make no warranties, express or implied, that any information or materials you post on or transmit or access through our Site and or Apps will be safe from unauthorised access or use. If you are not happy with and or feel dissatisfied with our Site and or Apps, discontinuing your use of our Site and or Apps shall be your sole remedy
22. THIRD PARTY GOODS AND SERVICES
We do not vouch for those companies, persons and other organisations whose goods or services may be displayed or accessed through or on our Sites and or Apps, in any format.
23. YOUR RESPONSIBILITY
You should always seek to verify any information set forth on our Site and or Apps with independent authorities before acting or relying on it. Furthermore it is your responsibility to use virus-checking software on any material and content downloaded or accessed from our Site and or Apps, and to ensure such software is compatible with your equipment.
In instances where you provide us with personally identifiable information or other information relating to any third parties, by doing so you warrant and confirm that you have received the third party consent required for such a disclosure, and furthermore that the third party has been informed of this, and agrees to, our Privacy and Cookie Notice, and any uses we may make of such information.
24. NO LIABILITY
To the fullest extent permitted by law we and our officers, directors, agents, employees and assigns hereby disclaim any and all liability for any losses, costs or damages, direct, indirect, consequential, or otherwise suffered by you as a result of your use of our Site and or Apps or from any computer virus transmitted through our Site and or Apps, or other sites accessed from our Sites and or Apps, regardless of whether such loss, cost or damage arises from our negligence or otherwise, and regardless of whether we are or have been expressly informed of the possibility of such loss or damage. In no event or circumstance shall our total liability to you for all damages, costs, losses and causes of action in the aggregate, whether in contract, tort, including, but not limited to, negligence, strict liability or product liability, arising from your use of our Site and or Apps exceed, in the aggregate, £125.00 (GBP).
25. USER INFORMATION
In the course of you using our Site and or our Apps, you may be asked to provide personally identifiable information to us, such information referred to hereinafter as “User Information”. The information collection and use policies that we have in respect to such User Information are set forth in the Privacy and Cookie Notice. You agree and acknowledge that you are solely responsible for the content of the User Information and its accuracy.
27. TERMINATION, SUSPENSION AND RESTRICTION
We may terminate, restrict or suspend your access to our Site and or our Apps and/or your ability to access any of the services on our Site and or our Apps, including interactive services, at any time of our choosing, if we believe that you have breached these Conditions of Use. Any such termination, suspension or restriction will be without prejudice to any rights that we may have against you, in respect of a breach of these Conditions of Use by you. We may also choose to remove our Site and or our Apps, as a whole or any sections, or features or services, or Linked Content of our Site and or our Apps at any time. It is important to note that we have the ability to trace your IP address, and if necessary your internet service provider can be contacted by us, in the event a suspected breach of these Conditions of Use takes place.
28. ENTIRE AGREEMENT
These Conditions of Use, including our Privacy and Cookie Notice, make up the entire agreement between you and us in relation to its subject matter and this supersedes any and all prior promises, representations, agreements, statements, and understandings of any sort whatsoever between you and us. To the extent that software is available through our Site and or our Apps, such software may itself be subject to a license agreement, and this may be distributed or included with any such software, and you agree to abide by the Conditions of Use of any such license agreements for such software. Failure by us to exercise or enforce any right or provision of the Conditions of Use shall not constitute any waiver of such right or provision. If any provision of the Conditions of Use is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in that provision, and the other provisions of the Conditions of Use shall remain in full force and effect. TAP may, at our option, assign, cede or otherwise transfer any parts or all of our rights and obligations, under the Conditions of Use, to any third party or parties at any time without encumbrance.
29. COPYRIGHT AND IP INFRINGEMENT
In the circumstance where you believe that work belonging to you has been copied in a way that constitutes a copyright or IP infringement,
Please contact us in writing with a Notice that informs us of:
A description of the infringing activity alleged and where the alleged infringing material can be located;
A detailed description of the copyrighted work or IP that you claim has been infringed;
Your statement that confirms you have a good faith belief that the disputed use is causing an infringement of copyright and IP that is not authorised by you, the copyright owner, its agent, or the law;
A physical or electronic signature of the person authorised to act on behalf of the owner of the copyright and IP interest; and
A statement made under penalty of perjury, by you, that the information in your Notice is accurate and that you are either the copyright or IP owner or authorised to act on the copyright owner or IP owners’ behalf.
Your address, telephone number, and email address and ot that of any agent authorised acting on your behalf that we can communicate via;
30. EXPORT CONTROLS
To the extent that software or technical data is accessible through our Site and or our Apps, such software or technical data may be subject to export, re-export, and/or import controls imposed by the United States or any other jurisdiction, and may not be downloaded or otherwise exported or re-exported in violation of the laws of any applicable jurisdiction including, but not limited to: (i) into (or to a national or resident of) any country to which the U.S. has placed an embargo or which is subject to relevant export restrictions; (ii) anyone on the U.S. Treasury Department's Specially Designated Nationals list, or (iii) in violation of the U.S. Commerce Department's Table of Denial Orders.
31. OTHER IMPORTANT TERMS
31.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Conditions of Use to another organisation. We will always tell you in writing if this happens, and we will ensure that the transfer will not affect your rights under the Contract. If you are unhappy or dissatisfied with the transfer you may contact us to end the Contract within seven days of us telling you about it.
31.2 To transfer your rights to someone else you need our consent, except that you can always transfer our guarantee. You may only transfer your rights or your obligations under these Conditions of Use to another person if we have agreed to such a transfer in writing.
31.3 Nobody else has any rights under this Contract, except someone you pass your guarantee on to. This Contract is between you and us. No other person shall have any rights to enforce any of its conditions or terms. Neither party will need to get the agreement of any other person, in order to end the Contract.
31.4 If a court finds part of this Contract illegal, the rest will continue in force. Each of the conditions of these Conditions of Use operates separately.
31.5 These Conditions of Use, including the Privacy and Cookie Notice and any matter relating to our Site and or our Apps, shall be governed by English law without regard to its conflict of law rules. Any legal proceeding arising out or relating to these Conditions of Use that is against or relating to us or any indemnified party will be subject to the exclusive jurisdiction of the courts of the United Kingdom and you hereby irrevocably consent to the jurisdiction of such courts.