Terms & Conditions
These terms and conditions (Terms) constitute a legally binding contract between you (as the user) and Drinkfo Limited (Drinkfo) in respect of your access to and use of the Drinkfo website (www.drinkfo.com) and the information, images and material provided by Drinkfo via that website (together referred to as the Service). By accessing the Service you agree to be bound by these Terms.
Please note, these terms and conditions cover the following categories of users:
- Producer User: Users whose content is on the Service and who have the ability to access the content; and
- Subscription User: Users who access the Service to view/download the content.
GRANT OF SUBSCRIPTION
- Drinkfo grants you a personal, non-exclusive, non-transferable subscription to access the site, and to use the information, images and material for your own business purposes.
- You are responsible for obtaining access to the site via the Internet and that access may involve third party fees (such as Internet service provider or telecommunications charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
- You acknowledge that the ownership of the information, images and material remains with or has been granted to Drinkfo as a licensee and you further acknowledge and agree that you will only use them in a proper and business-like manner, and you will not alter or modify the image in any such format to bring the owner of the information, images and material into disrepute.
DURATION OF THE USER AGREEMENT
- These Terms will continue in effect until either you or Drinkfo terminate it. Either party may terminate these Terms immediately by serving notice by email or you may terminate these Terms by deleting your user account from the Service. On either of those events occurring, these Terms will terminate and you will cease to be an authorised user of the Service.
- You may serve a notice on Drinkfo for the purposes of this agreement by sending it by email to [email protected] Drinkfo may serve a notice on you by sending it to your email address appearing on the User Registration Form you have completed. Notices will be deemed to have been served one hour after transmission by e-mail and where no notification has been sent that there was a problem with the transmission. You are responsible for notifying Drinkfo of any change to your email.
USERNAME AND PASSWORD
- You are responsible for all use of the Service made using your username and password, whether or not the use is made by you or by someone else using your username and password. You are responsible for protecting and securing your username and password from unauthorised use. If you believe there has been a breach of security of your username or password, such as theft or unauthorised use, you should notify Drinkfo immediately by e-mail to [email protected]
- If Drinkfo has reason to believe that any information you have supplied is not accurate, or if Drinkfo considers that you have breached these Terms, it may terminate these Terms immediately with no liability to you for any direct, indirect, or consequential damage or loss and you will cease to be an authorised user of the Service.
CHANGES TO THE USER AGREEMENT
- Drinkfo may add to, remove or change the provisions of these Terms from time to time. All additions and changes will be notified to you by email or on the Service itself. They will come into effect immediately upon notification and you will be deemed to have accepted them if you access the Service after that time. If you do not wish to accept these changes, you must terminate these Terms as described above.
MODIFICATION OF SITE OR SERVICE
- Drinkfo reserves the right to change, modify, suspend or discontinue any or all parts of the Service at any time, temporarily or permanently. Drinkfo reserves the right to restrict a user's access to all or part of the Service without notice or liability.
- The Service is protected under copyright and other laws of New Zealand, and under international conventions, and similar laws abroad. Unless otherwise stated, copyright and other intellectual property rights in the Service is owned or controlled by Drinkfo.
- The name and logo of Drinkfo are registered trademarks of Drinkfo. You are not permitted to use or reproduce or allow anyone to use or reproduce these trademarks for any reason without our express written permission. The software underlying and operating the Service is proprietary software and you are not permitted to use it except as expressly allowed under these Terms. Any other use or purported licensing, modification, enhancement or interference is strictly prohibited.
- You will not directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Service; modify, translate, or create derivative works based on the Service (except to the extent expressly permitted by Drinkfo or authorized within the Service); or remove any proprietary notices or labels.
- The Service may display trade marks and other intellectual property of other users of the Service (Third Party IP). Your access to and use of the Service does not grant you any rights to use or display such Third Party IP.
RESTRICTIONS AND RESPONSIBILITIES
- Although Drinkfo has no obligation to monitor your use of the Service, Drinkfo may do so, and you hereby authorize Drinkfo to do so. Drinkfo may prohibit any use of the Service it believes maybe (or is alleged to be) in violation of any law or violates the privacy of any person.
- You will not make the Service available to, or use the Service for the benefit of, any other person, unless expressly agreed by Drinkfo in writing. You will not sell, resell, license, sublicense, distribute, make available, rent or lease the Service, or otherwise for the benefit of a third party.
- You will not use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights.
- If you use or rely on the site or any information available through the site, you do so solely at your own risk. We do not give any warranty s to the accuracy or veracity of any information displayed on the Service. Your access to the Service is provided on an "as is" and "as available" basis.
- Drinkfo shall use reasonable efforts consistent with prevailing industry standards to provide and maintain the Service in a manner which minimizes errors and interruptions in the Service and shall provide the Service in a professional and workmanlike manner. However, access to the Service may be interrupted, restricted or delayed from time to time. Drinkfo does not warrant or guarantee that the Service will be available continuously or that the operation of the Service will be error-free. Drinkfo will not be liable for loss, damages, expenses or refunds of fees should the Service become unavailable or delayed, permanently or temporarily, or if access to the Service becomes impeded for any reason.
- The information contained within the Service is for informational purposes only. You recognise and agree that all information that is provided as part of the Service are sourced from third parties outside of Drinkfo's control and, as such, Drinkfo cannot and does not provide any warranties of any kind whatsoever in relation to any information, images or materials provided to you through the Service. Drinkfo does not give any warranty or other assurance as to the content of the material appearing on the Service, its accuracy, completeness, timeliness or fitness for any particular purpose.
- If you acquire goods or services using the site for the purposes of a business, the guarantees and rights provided by the Consumer Guarantees Act 1993 will not apply to the supply of any goods or services via the Service. If you are a consumer and acquire goods or services using the Service other than for the purposes of a business, this Agreement does not affect your rights under the Consumer Guarantees Act 1993.
- Although Drinkfo intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the site, Drinkfo does not guarantee or warrant that the information, images or materials that may be available from the Service do not contain such issues. Drinkfo excludes all liability for any loss or damages or harm attributable to such features.
- The information on the Service is sourced from third parties. The limitations and exclusions of liability, indemnities and disclaimers set forth in these Terms apply for the benefit of and may be enforced by those third parties in relation to the information sourced by Drinkfo from those third parties.
LIMITATION OF LIABILITY
- To the full extent permissible at law, Drinkfo excludes all liability for damage or loss (including, without limitation, financial or economic loss, damages for loss in business projects, loss of profits, revenue or anticipated savings, loss or damage to reputation or goodwill, indirect or consequential losses, punitive or special damages), arising in contract, tort (including negligence) or otherwise from the use of, or inability to use, the site, or any information appearing on the site, or from any action or decision taken as a result of using the site or any such material.
In addition to the limitations set out in clause 10.1, Drinkfo shall not be responsible for any compensation, reimbursement, losses, costs or damages arising in connection with:
(a) your inability to use the Service, including as a result of any (i) termination or suspension of these Terms or your use of or access to the Service, (ii) Drinkfo's discontinuation of any or all access to the Service, or (iii) any unanticipated or unscheduled downtime of all or a portion of the access to the Service for any reason whatsoever, including as a result of power outages, system failures or other interruptions;
(b) the cost of procurement of substitute goods or services;
(c) any investments, expenditures, or commitments by you to any third parties in connection with these Terms or your use of or access to the Service; or
(d) any unauthorized access to, alteration of, or the deletion, destruction, damage, loss, denial of access, or failure to maintain or store any of your content or other data.
You indemnify Drinkfo for any reasonably foreseeable costs (including settlement and legal fees on a solicitor client basis), damages, losses or expenses that Drinkfo may incur, suffer or become liable for as a result of:
(a) Your breach of these Terms;
(b) Your intentional misuse of Drinkfo;
(c) Your negligent acts, errors or omissions; or
(d) Any claim, suit, action or proceeding brought by a third party against Drinkfo as a result of the matters set out in paragraph (a) - (c).
- Nothing in this clause 11 limits any rights or remedies Drinkfo may have under statute or under law.
- You indemnify Drinkfo for any reasonably foreseeable costs (including settlement and legal fees on a solicitor client basis), damages, losses or expenses that Drinkfo may incur, suffer or become liable for as a result of:
- Drinkfo is an Agency for the purposes of the Privacy Act 1993. Drinkfo is also a Data Controller under the terms of the GDPR.
INFORMATION SUPPLIED TO Drinkfo
- Should any user of the Service provide information to Drinkfo, such information shall be deemed to be non-confidential and Drinkfo shall have no obligation of any kind with respect to such information. Drinkfo shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorise others to do the same.
- Drinkfo shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and other items incorporating such information. This paragraph is not intended to apply to any personal information, the use of which will be governed by clause 12 above.
- Drinkfo reserves the right at any time to charge fees for access to any material appearing on the Service. At the relevant time a notice will appear when you visit the Service and will give you the relevant details. You will have the opportunity to restrict your access to material for which no charge is made or to terminate these Terms if you do not wish to continue.
- You agree to pay all fees incurred as a result of using the Service within 5 working days of receipt of any invoice or other demand for payment from Drinkfo.
- Unpaid fees are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection (including legal costs on a solicitor-client basis). Your failure to pay Drinkfo's invoices in accordance with these Terms shall represent a breach of your obligations under these Terms and shall entitle Drinkfo to immediately terminate these Terms and your access to the Service.
- These Terms are the entire agreement between you and Drinkfo. No statements contained in emails or other written documents or verbal statements made are superseded by these Terms.
- These Terms shall not be assignable by you without the prior, written consent of Drinkfo. Any assignment or transfer by you without consent will be void. These Terms may be assigned or transferred by Drinkfo by written notice to you.
- These Terms are deemed to be an agreement formed in New Zealand and are governed by New Zealand law. Any dispute relating to these Terms shall be referred to the New Zealand courts and the New Zealand courts shall have exclusive jurisdiction to hear and determine such dispute.