TERMS AND CONDITIONS
Welcome to our website www.kolibridrinks.co.uk the "Website". The Website is provided by Kolibri Drinks Limited ("we", "us" or "our" for short). We are registered in England and Wales under company number 09764866 and our registered office is at 130 Shaftesbury Avenue, 2nd Floor, London, W1D 5EU. Our VAT number is 286317186. "you" and "your" means you as the user of the Website.
We have set out the terms under which we are providing you with access to the Website. These include the terms and conditions that govern:
Collectively these documents are known as the "Terms and Conditions". By accessing the Website, you agree to these Terms and Conditions.
1. Use of the Website
You should read all the Terms and Conditions prior to using the Website. You should also save and/or print out a copy of these Terms and Conditions for future reference.
We may change our Terms and Conditions from time to time. The revised Terms and Conditions will be available via the Website. You will be deemed to have accepted any changes to the Terms and Conditions after you have been notified of the changes on the Website home page and you continue to access or use the Website.
You are not permitted to use, or cause others to use, any automated system or software to extract content or data from the Website for commercial purposes.
If you do not agree to these Terms and Conditions, you should not use the Website.
Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.
2. Accessing Our Website
Access to the Website is permitted on a temporary basis. We update the Website regularly and so may change the content at any time without notice to you. We reserve the right to withdraw, vary or suspend the service at any time without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary to access the Website. You are also responsible for ensuring that all persons accessing the Website through your internet connection are aware of these Terms and Conditions.
Please note that use of the Website is subject to your computer and/or device complying with our minimum standard technical specification and compatibility requirements. You are advised to check this specification to ensure that your computer and/or portable device is compatible with our products and services and we shall not be liable for any failure arising in the Website which arises from incompatibility (including, without limitation, minimum storage and memory requirements from time to time).
3. Your Account and Password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. You are responsible for any use of the Website using your user identification code or password.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
4. Intellectual Property
You may access, view and print out one copy of the Website and all information, images, and other content displayed on the Website ("Materials") strictly in accordance with these Terms and Conditions.
You may only view, print out, use, quote from and cite the Website and the Materials for your own personal, non-commercial use and on the condition that you give appropriate acknowledgement where appropriate to us. All intellectual property rights in and to the Website and the Materials are either owned by or licensed to us and your use of the Website and Materials is subject to the following restrictions.
You must not:
- remove any copyright or other proprietary notices contained in the Materials;
- use any Materials from the Website in any manner that may infringe any copyright, intellectual property right or proprietary right of us or any third parties; or
- reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or use or exploit this Website and/or the Materials for any commercial purpose, without our prior written consent; or
- use the Website 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 other personal rights of others or in any defamatory, obscene, threatening, abusive or hateful manner.
- We expressly reserve all rights in and to the IP associated to our products. You can find more details of these here.
5. Trade marks
We expressly reserve all rights in and to the www.kolibridrinks.co.uk domain name and all related domains and sub-domains, our logo, service marks, trading names and/or trade marks. You can find more details of these here. Other trade marks, products and company names mentioned on the Website may be trademarks of their respective owners or licensors and the rights in such marks are reserved to their respective owners or licensors.
6. Reliance on Information Posted
Materials posted on the Website are not intended as advice and should not be relied upon as such. We therefore disclaim all liability and responsibility arising from any reliance placed on such information to the fullest extent permissible by applicable law.
7. Our Liability
To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to this Website. In particular we do not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. You must take your own precautions in this respect.
We do not accept liability for any failure to maintain the Website.
We shall not be liable, howsoever caused, under or in connection with these Terms and Conditions, for any:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- indirect, special, incidental or consequential loss or damage (even if advised of the possibility of such damages).
While we take certain steps to ensure that the Materials do not contain inaccuracies and typographical errors, we cannot guarantee this and we do not warrant the completeness of the Materials.
We shall not be liable for any loss caused as a result of your actions or inactions based on the Materials available on this Website. However, nothing in these Terms and Conditions shall affect your statutory rights, and nothing in these Terms and Conditions shall exclude our liability for:
- death or personal injury arising through our negligence;
- fraudulent misrepresentation; and/or
- anything else that cannot be excluded or limited by us under applicable law.
8. Linking to Our Website
You may link to any page of the Website for non-commercial purposes, provided that you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. For the avoidance of doubt, the linking site must not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.
You must not link to the Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not remove or obscure by framing or otherwise, advertisements, any copyright notice, or other information published on the Website.
Our Website must not be framed on any other site. We reserve the right to withdraw linking permission at any time and without notice
9. Your Content
You agree to use the Website in accordance with the following rules. All content submitted by you, including, but not limited to, your name, graphics, logos, marks, text, images, photographs, and all other information and material shall be called "Your Content" for short. You grant us a non-exclusive, royalty-free licence to use Your Content in connection with our business.
You warrant and undertake to us that Your Content shall not:
- breach any of our policies in force from time to time;
- infringe the intellectual property rights or any other rights of a third party;
- contain any material which is defamatory of any other person;
- contain any material which is obscene, discriminatory or offensive or otherwise be likely to harass, upset, embarrass or alarm any other person;
- contain any malicious code, such as viruses, or other potentially harmful programs or material; or (vi.) breach any applicable law or regulation.
We will not be responsible, or liable to any third party, for the content or accuracy of any of Your Content. You will be liable to us and shall indemnify us for any breach of the above warranties and undertakings.
10. Privacy, Your Personal Data and Cookies
11. Third Party Sites
Our Website and/or the Materials may contain links to third party websites, for example our clients' websites. Your browsing and interaction on any other website, including websites which have a link to the Website, is subject to that website's own rules and policies including in relation to privacy. Please read those rules and policies before proceeding.
If you decide to visit any third party site, you do so at your own risk. We are not responsible for the content, accuracy or opinions expressed in such websites. Links do not imply that we are, or the Website is, affiliated to or associated with such sites.
The inclusion of any link on the Website or in our communications with you does not imply endorsement by us of the linked site. If you decide to access linked third party websites, you do so at your own risk.
Please remember that when you use a link to go from the Website to another website, these Terms and Conditions including our Privacy and Cookies Policy do not apply to your use of that website.
12. Information on the Website
If you find any content on the Website to be in any way offensive, obscene, defamatory, racist, harmful, inaccurate, unlawful, illegal or deceptive in any way, please notify us by emailing us at firstname.lastname@example.org using the subject heading "Objectionable Content".
On receipt of your complaint we may remove or block access to the content complained of.
13. Legal Compliance and Applicable Law
These Terms and Conditions shall be governed by the laws of England and any matter or dispute arising in connection with them shall be subject to the exclusive jurisdiction of the courts of England and Wales provided that we may enforce any judgement of the courts of England and Wales in the courts of any jurisdiction.
You are responsible for compliance with applicable local laws relating to the use of or otherwise connected with the Website. To the extent that the Website, your use of the Website and/or any activity contemplated by it would infringe any law of a jurisdiction other than England, then you are prohibited from accessing or using the Website or attempting to carry on any such offending activity and this provision shall override all other provisions of these Terms and Conditions.
14. Contact Us
If you have any concerns or queries about Material which appears on the Website or if you have questions about your use of this Website or these Terms and Conditions please email us at email@example.com.
If you have any suggestions for improvements or additions that you would like to see on the Website, please email us at firstname.lastname@example.org. Our postal address for correspondence is PO Box 3609, Barnet, EN5 9RW.
1. Privacy and Your Personal Data
It applies to Information collected by us, or provided by you, over the Website at www.kolibridrinks.co.uk or in any other way (such as over the telephone or in an email). It is also intended to assist you in making informed decisions when using the Website. Please take a minute to read and understand the policy.
All your personal Information shall be held and used in accordance with the General Data Protection Regulation (GDPR). If you would like to know what information we collect and hold about you, please write to us at the address at the beginning of the Terms and Conditions FAO the data protection officer.
Kolibri Drinks Limited is the data controller of your Information for the purposes of GDPR and is a company registered in England and Wales under company number 09764866 and our registered office is at 130 Shaftesbury Avenue, 2nd Floor, London, W1D 5EU.
2. What Information Do We Collect?
When you visit the Website you may provide us with personal information (such as name, address, email address and phone number) ("Information"). You may provide us with Information in a number of ways:
- by supplying us with the Information as listed above by completing a 'send an enquiry' form on the Website, or joining our mailing list; and
- by corresponding with us by email, in which case we may retain the content of your email messages together with your email address and our responses.
We may also collect information about your computer, including where available your IP address, operating system and browser type and the geographical location of your computer, for system administration.
In addition, we use Invisible GIF images and Link Tracking. GIF images are invisible images used in HTML email communications which allow us to track if an email was opened and read. We use these to monitor the level of interaction with a particular email and the results are used to tailor our communications with you. Link Tracking within the emails we send you is the use of links containing information that allows us to track which links are being clicked on. Aggregated data from this is used to tailor the links provided in our emails. The data obtained from these links do not identify you.
If you upload your CV using our Website, or otherwise supply your CV to us ("Career Information"), we may store it so that we can notify you of employment opportunities with us.
4. How Do We Use the Information That You Provide to Us?
We use your Information in the following ways:
- to ensure that content from the Website is presented in the most effective manner for you and your computer or device, including individualised advertising and promotions;
- to analyse and enhance our advertising, marketing, market research, and sales activities;
- to notify you about changes to our products;
- where you explicitly consent to us doing so, we may use your Information for advertising and marketing purposes, contacting you with information about our products that we feel may be of interest to you for example, for sending you newsletters, details about competitions or promotions and other information which may interest you (you can let us know at any time if you no longer wish to receive these communications by contacting email@example.com or following the instructions contained in the communication).
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
In limited circumstances we may pass your Information to other third party organisations:
- if we buy or sell any business or assets in which case we may disclose your Information to the seller or buyer of such business or assets;
- if we are under a duty to disclose or share your Information to comply with any legal obligation or in order to enforce or apply our terms and conditions and other agreements or protect the rights, property, or safety of our clients, or others. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction.
5. Your Consent
You have the right to ask us not to process for marketing purposes Information we collect from you. You can exercise your right to prevent such processing of your Information by contacting us at firstname.lastname@example.org
6. How Can You Access Your Information?
You may request access to all your Information that we collect and maintain in our database by emailing email@example.com. You may also use this address to request that your data is deleted or corrected or transferred to a third party.
7. Where We Store Your Personal Data
We take data security seriously and have procedures in place designed to prevent loss of or damage to data that we hold. However, the use of the internet, and technology more generally, means that we cannot always guarantee the security of Information or other data that we process, including the security of Information submitted to us via the Website. You understand that, without prejudice to our legal
obligations, any Information you give to us is given at your own risk and, provided that we comply with those obligations we shall not be liable for any loss or damage to your Information.
We hope that you will raise any complaints in relation to your Information with us by writing to firstname.lastname@example.org so that we may address them. However, you are entitled to raise any concerns with the Information Commissioner at www.ico.gov.uk.
A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a website, that site's computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Information gathered through cookies and web server logs may include the date and time of visits, the pages viewed, time spent on the Website, and the websites visited just before and just after the Website. For further details on cookies please visit www.allaboutcookies.org where you can find comprehensive information on cookie restriction and blocking for a wide variety of browsers.
3. Refusing Cookies
You can block cookies by activating the setting on your browser which allows you to refuse the setting of all or some cookies (see below for further details). Please note that if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of the Website. You may also delete cookies at any time by going to the browsing settings on your web browser. For details about how to adjust your cookie settings in the following browsers, please visit the relevant link:
4. Our Cookies
Here is a list of the cookies we use, their purpose and how long they will remain on your computer (unless you actively delete them earlier):
- Type of Cookie - Third Party
- Issuer - Google Analytics
- Purpose - Website Analytics and To monitor performance of the site