1 LEGAL DRINKING AGE NOTICE
1.1 Tennent Caledonian Breweries UK Ltd (“Tennent’s”, “we”, “our” or “us”) own [and have instructed a third party agency to] maintain and operate this App relating to Tennent’s (the ‘At the Heart’ app) for personal use for those of a legal age in your country, province, or state of residence (18 years or older in the United Kingdom) for the consumption of alcoholic beverages and in countries where the consumption of alcoholic beverages are permitted. Please exit this App immediately if you are not of a legal age in your place of residence for consuming alcoholic beverages or are in a country where use of this App is not permitted.
2 ACCEPTANCE OF TERMS AND CONDITIONS
2.1 Your access to and use of the App and any Services referred to in Clause 3, is subject exclusively to these Terms and Conditions. You will not use the App or Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the App and/or Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the App and any Services.
2.2 We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the App and /or Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
3 THE SERVICES
3.1 The App may provide communication tools such as message or communication facilities (“the Services”) designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only.
3.2 You acknowledge and agree that the Services are private and not public communications.
3.3 We may make changes in the information and content included in this App at any time without notice. We shall not be responsible for any detrimental reliance you may place on this App or its contents.
4.2 Tennent’s is registered on the public register of data controllers maintained by the Information Commissioner. We are compliant with the Act, so we are licensed to hold and process personal information and must comply with the Act for anything we do with it.
4.3 We will collect the name, email address and phone number of those persons who use the App. These details will be stored on a server in the United Kingdom and will be used only for the express purpose of alerting subscribers, by email, of Tennent’s Lager news and developments. We do not share information with third parties unless you have consented to this. Tennent’s does not rent, trade or sell your personal information to others. Information collected is not shared with other organizations for commercial purposes.
4.4 The information provided by you is not available for sale or use by third parties, including an advertiser, without that user’s explicit prior permission, except where a government, regulatory body or the law requires us to disclose your personal information. We collect information on our customers through email registration. We also collect data listing which of our pages are most frequently visited and by which type of users.
4.5 By selecting and submitting your photos in the app you hereby give permission for these photos to be used in your At the Heart app video output. Your photos will not be used for any other purpose.
4.6 You have a right under the Act to access the information we hold about you, subject to certain conditions. If at any time you wish to update or correct any personally identifiable information you have provided, or you no longer wish us to collect or use any personally identifiable information for the purposes described above, please write to us at:
Tennent’s Caledonian Breweries UK Limited
161 Duke Street
If we do not hear otherwise from you, we will assume the information you provide is accurate and up-to-date and that you consent to the collection, use and disclosure of the personally identifiable information you provide to us about yourself or others for the purposes described above.
5.1 Tennent’s has taken reasonable measures (physical, organizational and technological) to safeguard against unauthorised access to your personally identifiable information and to safely store your personally identifiable information.
6 ACCEPTABLE USE
6.1 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“the Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. Tennent’s will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
6.2 In using the App and/or Services you agree not to:
6.2.1 distribute or disseminate material or information that is defamatory, libelous, obscene, indecent, threatening, abusive, harassing or unlawful;
6.2.2 distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their sex, race, religion, disability, nationality or otherwise;
6.2.3 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
6.2.4 use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
6.2.5 promote the excessive, irresponsible or underage consumption of alcohol, or
6.2.6 advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
6.2.7 impersonate any person or entity for the purpose of misleading others;
6.2.8 violate any applicable laws or regulations;
6.2.9 use the App or Services in any manner that could damage, disable, overburden or impair the App or Services or interfere with any other party’s use and enjoyment of the App or Services;
6.2.10 distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
6.2.11 attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the App or Services through hacking, password mining or any other means.
7.1 Tennent’s have the right to terminate your access to any or all of the Services or App at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. Tennent’s may also at any time, at our sole discretion, discontinue the App or Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the App or Services.
8 INTELLECTUAL PROPERTY RIGHTS
8.1 Tennent’s is the owner of the intellectual property rights in this App. The App and its content (including without limitation the App design, text, graphics and all software and source codes connected with the App and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws. In accessing the App you agree that the Tennent’s name, logos and trademarks belong to Tennent’s. By entering this App you acknowledge and agree that any name, logo, trademark or service mark contained on this App is owned or licensed by Tennent’s and may not be used by you without prior written approval. You will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of Tennent’s. This excludes the downloading, copying and/or printing of pages of the App for personal, non-commercial home use only.
9.1 You agree to indemnify and hold Tennent’s harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against Tennent’s by any third party arising out of your use of the App, Services and/or any Content transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Tennent’s in consequence of your breach of these Terms and Conditions.
10 DISCLAIMERS AND LIMITATION OF LIABILITY
10.1 Use of the App and Services is at your own risk. The App and Services are provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
10.2 By entering this App you acknowledge and agree that your use is at your own risk and that this App, its owners, officers, directors, employees, or any of the parties involved in creating, producing, or delivering this App are not liable for any damages whatsoever, including any direct, incidental, consequential, indirect or special damages, or any other losses, costs or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, regardless of whether or not such liability or damages arise in contract, tort, negligence, equity, statutorily, or otherwise, in any connection with the access to or use of this App or in connection with any content, data or activities, associated with this App, or in connection with your downloading of any materials, text, data, images, video or audio from this App, including but not limited to anything caused by any transmission defects, viruses, bugs, human action or inaction of any phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.
10.3 Tennent’s makes no warranty that the App or Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the App or Services will be uninterrupted or error free, that defects will be corrected or that the App or Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
10.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Tennent’s for death or personal injury as a result of the negligence of Tennent’s.
10.5 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
11.1 If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
12 GOVERNING LAW
12.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts. If you use this App from another country, you are responsible for compliance with any and all applicable local laws. Tennent’s, its affiliates and/or partners make no representation that the materials contained within this App are appropriate for countries outside the United Kingdom.
13 FREE LIMITED EDITION TENNENT’S LAGER
13.1 Offer begins 15th July 2015 and continues (in selected outlets detailed in the app) while stocks last only. Maximum of one bottle per customer. You may be asked to provide ID to prove you are of the required legal age to purchase an age restricted product. No cash alternative.
14 PHOTO SELECTION
14.1 Your photo selection and video will not be approved if it features people under the age of 18, illegal behaviour of any kind, lewd behaviour or drunkenness.
15 terms and conditions
15.1 These terms and conditions are governed by the Laws of Scotland and are subject to the exclusive jurisdiction of the Scottish courts The Promoter encourages responsible drinking and would direct consumers to read drinkaware.co.uk for more information.
Promoter: C&C Group, 3rd Floor, Block 71, The Plaza, Parkwest Business Park, Dublin 12