TERMS AND CONDITIONS OF USE OF THE WEBSITE

1. LEGAL DRINKING AGE NOTICE

Beer Hawk Limited (“Beer Hawk”, “we”, “our” or “us”) own, and have instructed a third party agency to maintain and operate this internet site (the “Website”) 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 Website 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 Website is not permitted.

2. ACCEPTANCE OF TERMS AND CONDITIONS

1. Your access to and use of the Website and any Services referred to in Clause 3, is subject exclusively to these Terms and Conditions. You will not use the Website or Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website 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 Website and any Services.

2. We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Website 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

1. The Website may provide communication tools such as bulletin boards, forums and/or other 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.

2. You acknowledge and agree that the Services are public and not private communications.

3. We may make changes in the information and content included in this Website and any time without notice. We shall not be responsible for any detrimental reliance you may place on this Website or its contents.

4. PRIVACY POLICY

When you want to use the services, participate in contests and surveys, apply for a job, or other communication with us, we may ask you to provide us with personal information. For information on how Beer Hawk uses and protects your personal data, please check out our privacy policy on this Website.

5. SURVEYS AND CONTESTS

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and address) and demographic information (such as postcode and age). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

6. SECURITY

Beer Hawk has taken reasonable measures (physical, organizational and technological) to safeguard against unauthorised access to your personally identifiable information (for example to ensure that email communications are only accessible by the designated recipients at Beer Hawk or their suppliers) and to safely store your personally identifiable information. However, the Internet is not a secure medium and the privacy of your communications and personal information can never be guaranteed. Beer Hawk has no control over the practices of third parties (e.g. website links to this Website, third-party sponsors or third parties who misrepresent themselves as you or someone else).

7. ACCEPTABLE USE

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. Beer Hawk 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.

2. In using the Website and/or Services you agree not to:

• use this Website for anything other than personal, non-commercial use;
• you may not modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose;
• use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
• post, publish, distribute or disseminate material or information that is defamatory, libelous, obscene, indecent, threatening, abusive, harassing or unlawful;
• post, publish, 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;
• threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
• use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
• promote the excessive, irresponsible or underage consumption of alcohol;
• make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
• collect or store personal information about others, including email addresses;
• advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
• impersonate any person or entity for the purpose of misleading others;
• violate any applicable laws or regulations;
• use the Website or Services in any manner that could damage, disable, overburden or impair the Website or Services or interfere with any other party’s use and enjoyment of the Website or Services;
• post, publish, 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);
• attempt to gain access to any of the Services, other accounts, computer systems or networks connected to the Website or Services through hacking, password mining or any other mining or any other means.

3. Beer Hawk are under no obligation to monitor, screen or sanction the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove at any time and without notice any material that breaches these Terms and Conditions or is otherwise objectionable.

8. TERMINATION

Beer Hawk have the right to terminate your access to any or all of the Services or Website at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. Beer Hawk may also at any time, at our sole discretion, discontinue the Website 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 Website or Services.

9. LINKS TO THIRD PARTY WEBSITES

The Website or Services may include links to third party websites that are controlled and maintained by others. Beer Hawk is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked site, unless specifically stated therein. You acknowledge and agree that Beer Hawk has not reviewed all sites linked to this Website and is not responsible for the content or availability of any such sites. Your linking to other off-site pages or other sites is at your own discretion and risk.

10. LINKS FROM THIRD PARTY WEBSITES

1. You may link to the home page of the Website, provided you do so in a way that is fair and legal and does not damage Beer Hawk or any of its products reputation or take advantage of it, but you must not establish a link in such a way was to suggest any form of association, approval or endorsement on Beer Hawk’s part where none exists.

2. You must not establish a link from any website that is not owned by you.

11. INTERNATIONAL USE

You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.

12. INTELLECTUAL PROPERTY RIGHTS

1. Copyright belongs to Beer Hawk

Beer Hawk is the owner of copyright in this site. Pictures, graphics, text, images of places or people are either the property of Beer Hawk or used on this site with permission of the owner of the intellectual property. No portion on this site, including but not limited to the text, images, audio or video, may be used in any manner, or for any purpose, without Beer Hawk’s express written permission, except if indicated herein.

Trade names, logos and trademarks belong to Beer Hawk, its affiliates and/or partners.

By entering this site you acknowledge and agree that any name, logo, trademark or servicemark contained on this Website is owned by the Beer Hawk group companies and may not be used without prior written approval. Your use of any of these materials is prohibited unless specifically provided for on the site. Without in any way waiving any of the foregoing rights, you may download one copy of the material on this site for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark or other proprietary notices. Modification, repostment or use of the material on this Website that would damage the reputation of Beer Hawk or its partners, or any model or person, violates Beer Hawk’s legal rights. Beer Hawk will enforce its intellectual property rights to the full extent of the law. Any unauthorized use of all, part, or any aspect of Beer Hawk’s or its partners’ Intellectual Property may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy and publicity rights.

2. By using this site you acknowledge and agree that any communication or material you transmit to this site, in any manner and for any reason, will not be treated as confidential or proprietary. Futhermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you submit to Beer Hawk through this Website will become and remain Beer Hawk’s property and therefore may be used by Beer Hawk anywhere, anytime and for any reason whatsoever, without notice, compensation or any other obligation to you or any other person.

13. INDEMNITY

You agree to indemnify and hold Beer Hawk harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against Beer Hawk by any third party arising out of your use of the Website, Services and/or any Content submitted, posted or 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 Beer Hawk in consequence of your breach of these Terms and Conditions.

14. DISCLAIMERS AND LIMITATION OF LIABILITY

1. Use of the Website and Services is at your own risk. The Website 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.

2. By entering this Website you acknowledge and agree that your use is at your own risk and that this Website, its owners, officers, directors, employees, or any of the parties involved in creating, producing, or delivering this Website 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, the use of, or browsing of this Website or in connection with any content, information, data, promotions, activities, associated with this Website, or in connection with your downloading of any materials, text, data, images, video or audio from this Website, including but not limited to anything caused by any transmission defects, viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections. You specifically acknowledge that Beer Hawk shall not be liable for user submissions to the Services or the defamatory, offensive, or illegal conduct of any third party and the risk of harm or damage from the foregoing rests entirely with you.

3. Beer Hawk makes no warranty that the Website or Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website or Services will be uninterrupted or error free, that defects will be corrected or that the Website or Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.

4. Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Beer Hawk for death or personal injury as a result of the negligence of Beer Hawk.

5. Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.

15. SEVERANCE

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.

16. ASSIGNMENT

These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Beer Hawk without restriction.

17. TECHNICAL FAILURES

Beer Hawk and its agents are not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections of failed, incomplete, corrupted or delayed computer transmissions which may limit a participant’s ability to participate in a contest.

18. GOVERNING LAW

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 Website from another country, you are responsible for compliance with any and all applicable local laws. Beer Hawk, its affiliates and/or partners make no representation that the materials contained within this Website are appropriate for countries outside the United Kingdom.