Hand Point

1 Introduction

1.1 Our lawyers tell Us that We need this bit as it sets out the rules which are applicable to Your use of the Website. Even though We know this looks a bit boring, please take the time to read these rules carefully as using the Website means that You agree to be bound by these rules. If You don’t like anything You see then please don’t use the Website – We have so many users it would be impossible for Us to agree different rules with everyone.

2 Defined Terms

2.1 Where words start in the middle of a sentence in capital letters, this doesn’t mean that Our grammar is rubbish, it means that those words have the meanings set out below:

  • (a) “Our”, “Us”, “We” means us Refresco Drinks Limited. If You want to write to Us, Our registered office is at Citrus Grove, Side Ley, Kegworth, Derby, DE74 2FJ.
  • (b) “Website” means any websites which We own and operate from time to time (c) “You”, “Your”, “Yourself” means well, you obviously.

3 Your Use Of The Website

3.1 Use of the Website by You means that You accept these rules. We reserve the right to suspend or terminate Your use of the Website on notice at anytime and for any reason (including if You breach any of these rules). We won’t have any liability to You for any loss or damage which You might suffer because We have suspended or terminated Your use of the Website.

3.2 We reserve the right to change these rules at any time and without personal notice to You – if We make any changes then for a while after doing so, they will be highlighted here so You can see what they are. You should check these rules for changes regularly as if You carry on using the Website after We have made any changes then this means You accept those changes

4 Complaints

4.1 If You have a complaint about any content which is posted on the Website You can tell Us by getting in touch using one of the addresses set out in paragraph 10.3 Once We have received Your complaint, let Us have a bit of time to investigate it.

4.2 If We agree with Your complaint then We will remove the content in question from the Website.

5 Disclaimers

5.1 We’re not perfect and We don’t claim to be so the following disclaimers apply to Your use of the Website:

  • (a) We don’t guarantee that the Website will always be available. We may temporarily suspend it (usually to carry out maintenance work) or permanently close it down at any time without notice if We feel like it;
  • (b) whilst We will try and make sure that there aren’t any viruses or the like within the Website or any downloads provided on it, We can’t guarantee this nor can We guarantee that someone won’t try to access Your computer via the Website. Make sure that any hardware and software You use to access the internet is protected by up to date firewalls and virus protection – You’ll only regret it if You don’t.
  • (c) If You notice a mistake in any materials then please let Us know by contacting Us at the following address: Marketing Department, Citrus Grove, Side Ley, Kegworth, Derbyshire, DE74 2FJ, and We will do Our best to correct it or remove it as soon as We can
  • (d) We are based in the United Kingdom and accordingly, We cannot guarantee that accessing the Website from outside of the UK is completely legal. Whilst We hope that people from all over the world will be able to enjoy the Website, its up to You to make sure that Your use of the Website in any country other than the UK is legal;
  • (f) We will not be liable to You for any failure or delay in doing something where that failure or delay is caused by circumstances beyond Our reasonable control. Such circumstances include, but are not limited to, Our offices burning down or flooding, bad weather, terrorist attacks or acts of God;
  • (g) The Website may contain links to other websites which aren’t owned or operated by Us and We are not responsible for them. Please use Your common sense when accessing any other websites particularly if they ask You to give out Your personal details – remember, if it sounds too good to be true then it probably is; and (h) Although We have taken care to find and uncover the history of Ben Shaws, We accept no liability for the accuracy within the content of About Ben Shaws.

6 Our Rights

6.1 You acknowledge and agree with Us that all copyright, trade marks and any other rights in the Website and Our products (including in the Ben Shaws name, the design of the Website, its text and graphics and all software and source code underlying the Website) belong to Us or Our third party licensors and shall at all times remain vested in Us or Our third party licensors (as appropriate).

6.2 We will allow You to print and copy parts of the Website to the extent necessary to enable You to access and use the Website for the purposes intended by Us. If You want to use any materials for any other purpose then You must obtain Our prior written consent. If You don’t, then We reserve the right to come after You.

6.3 Generally, We are happy for You to post links to the Website on other websites provided that the other website doesn’t contain content which We wouldn’t allow on Our Website – if any of the content of the other website would breach the following; anything which:

  • (a) is illegal, pornographic, offensive, defamatory or libellous;
  • (b) infringes the rights of any third party;
  • (c) fails to comply with any applicable laws or legislation;
  • (d) is untrue or misleading;
  • (e) encourages others to do something which is illegal, dangerous or harmful;
  • (f) contains any virus, Trojan horse, robot, spider, worm or other malware or any computer program designed to bombard other users with spam;
  • (g) is an advert for any business or any other commercial venture;
  • (h) any content calculated to harm Us in any way; and/or
  • (i) includes images of people under the age of 13 or of people who may object to the use of their image without permission.

6.4 From time to time, We may specify rules concerning what form links to the Website must take and You agree to comply with all such rules. We have the final say as to whether or not You are allowed to post a link on a particular website and if We ask You to remove a link which You have posted for whatever reason then You agree to do so within 24 hours of Us asking.

7 How You Can Become Liable To Us

7.1 If We end up incurring any loss, damage, costs, expenses or other liability to any third party because of any content which You have posted on the Website or because of Your use of the Website generally (regardless of whether or not that Content or use breaks any of these rules) then You agree to repay to Us all such loss, damage, costs, expenses and other liabilities incurred by Us on demand. In particular, but without limitation, this includes any claim which We may receive from a third party that any content posted by You infringes any of their rights (regardless of whether or not that claim turns out to be justified). In legal speak, this is called
an indemnity and You can either pay a lawyer lots of money to tell You what this means in more detail or You could look it up on the internet.

8 How We Are Not Liable To You

8.1 Because We don’t make any charge to use the Website its only fair that We shouldn’t end up becoming liable to You for thousands of pounds just because We have made a mistake (particularly because at the end of the day We’re only human). Accordingly, this is how We limit Our liability to You:

  • (a) We’re completely on the hook for anything which We can’t legally limit or exclude Our liability for. In England, this includes Our liability for death or personal injury caused by Our negligence or for any fraudulent misrepresentation. Hands up, it’s a fair cop guv;
  • (b) other than that, in no circumstances will We be liable to You for any direct or indirect loss or damage You might suffer because of Your use of the Website, because of any content posted on the Website and/or because of any breach by Us of any of Our obligations under these rules. Such loss or damage includes any:
  • (i) loss of business, use, profit, anticipated profits, contracts, revenue, anticipated revenue, goodwill, savings, anticipated savings, data, and/or use of data;
  • (ii) damage to or loss of any hardware and software used by You to access and use the Website;
  • (iii) damage to Your reputation; and/or
  • (iv) any consequential or special loss or damage. These exclusions apply even if You told Us that You might incur such loss or damage or thinking about it, We ought to have known that You might.

9 Competitions

9.1 We’re generous people and from time to time, We may run competitions, giveaways and other promotions. As well as these rules, there may be competition specific terms and conditions although if there is any contradiction or inconsistency between these rules and those competition specific terms and conditions then these rules will prevail.

10 Other Stuff

10.1 These rules together with Our Privacy Policy and any competition specific rules (if applicable) are the only documents which govern Your use of the Website. Sorry, but You can’t rely on or enforce anything which isn’t set out in these rules, any competition specific rules or the Privacy Policy unless We have explicitly agreed to it in writing.

10.2 Just because You stop using the Website or We suspend or terminate Your use of the Website doesn’t mean that these rules stop applying. If You do break any of these rules and We don’t immediately do anything about that then that doesn’t meant We’re letting You off the hook – We’re busy people and it might take Us some time to get round to dealing with You. Likewise, if We do agree to let You off the hook on one occasion, it doesn’t mean that We will again in the future.

10.3 If You need to serve any formal notice on Us for any reason then please use the following address: Marketing Department, Citrus Grove, Side Ley, Kegworth, Derbyshire, DE74 2FJ. Provided that You have typed the address correctly (and in the case of notices sent by post, You have paid for first class registered delivery or delivery by international courier if sent from overseas) notices will be deemed to have been received by Us two days after sending (or five days after sending in the case of postal notices sent from overseas).

10.4 From time to time, We may need to assign or transfer some or all of Our rights and obligations under these rules to a third party and You agree that We can do that without Your consent. If You want to assign or transfer Your rights and obligations under these rules then You must get Our written consent before doing so.

10.5 If it turns out for any reason that any part of these rules can’t be enforced or is illegal or unlawful then that part of the rules shall be deemed deleted and the rest of the rules will continue in full force and effect.

10.6 Whilst We’re nice people and We’d like to be friends, Your use of the Website doesn’t create any sort of legal relationship between the two of us other than one of independent parties to a contract. Only Our properly authorised officers can speak on Our behalf, enter into binding arrangements for Us or otherwise incur liability on Our behalf.

10.7 Only You can enforce Your rights against Us under these rules. This applies even if there are third parties out there who stand to make a benefit out of Your use of the Website – if  they’re not You then they can’t sue.

11 Arguments

11.1 Hopefully, we won’t get into any arguments as we’re all nice people. However, if we do, in the first instance we will try and resolve them by talking about things like grown ups. If after that, either of us wants to give Our lawyers even more money by going to court then the English courts will have exclusive jurisdiction to hear the dispute and English law will apply.