B5834.4-02 74228114 7 AYR [PLEASE READ THESE LICENCE TERMS CAREFULLY BY INSTALLING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT INSTALL THE APP.] OR [BY CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE "REJECT" BUTTON BELOW.]
1. Who we are and what this Agreement does
1.1 We are Bevvy Limited ("us", "we" or "Bevvy") a company registered in Scotland. Our registration number is SC695664 and our registered office is 22a Annandale Street, Edinburgh, Midlothian, Scotland, EH7 4AN. Our registered VAT number is GB 382 6824 68.
1.2 We provide a platform that enables users to browse, rate, review and buy whisky via our website and mobile application software. Our platform enables users to connect with their fellow users so that they can stay up to date with their contacts' future reviews.
1.3 Our platform also provides an indicative valuation of each bottle of whisky which is a guide price based on recent auction sales ("Bevvy Estimate").
1.4 We license you to use:
1.4.1 Bevvy mobile application software (the "App") and any updates or supplements to it; and
1.4.2 the service you connect to via the App and the content we provide to you through it (the "Service"), as permitted in these terms.
2. Using the App
2.1 You will not be required to register as a user in order to use some basic features of the App e.g. to scan and identify a bottle of whisky. However, there are certain features of the App that will only be available to users who choose to register for a Bevvy account.
2.2 In order to create a Bevvy account, you can either sign in using a third party application log-in (e.g. Facebook) or fill in a form and create a Bevvy profile without a third party application login.
2.3 You are solely responsible for the content of your reviews, any images you upload to the App and any other information uploaded by you to the App.
2.4 You are solely responsible for all interactions with other users or other third-party vendors in connection with the App.
2.5 The images of the products on our App are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
3. Your privacy
4. App store terms also apply
4.1 The ways in which you can use the App may also be controlled by the rules and policies of the App store through which you downloaded the App e.g. Apple App Store and Google Play.
4.2 The Apple App Store and Google Play's rules and policies will apply instead of these terms where there are differences between the two.
5. Operating system requirements
The App requires an iOS (iOS 13 or higher) or Android (Android 8.0 or higher) device.
6. Support for the App and how to tell us about problems
6.1 Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at bevvy.com.
6.2 Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at firstname.lastname@example.org.
6.3 How we will communicate with you. If we have to contact you we will do so by email or by SMS, using the contact details you have provided to us.
7. How you may use the App
7.1 In return for your agreeing to comply with these terms you may: 7.1.1 download or stream the App and view, use and display the App and the Service for your personal purposes only; and 7.1.2 receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
8. You must be 18 to accept these terms and install the App
8.1 You must be 18 or over to accept these terms and install the App.
8.2 The App is intended for use by adults of legal drinking age in the jurisdiction in which you reside. If we receive notice or reasonably believe that someone under the legal drinking age has provided us with personal information, we will promptly delete the account and all personal information that has been provided to us.
9. You may not transfer the App to someone else
We are giving you personally the right to use the App and the Service as set out above in section 7 (How you may use the App). You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
10. Changes to these terms
10.1 We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will notify you of any changes when you next start the App.
If you do not accept the notified changes you may continue to use the App and the Service in accordance with the existing terms but certain new features may not be available to you. B5834.4-02 74228114 7 AYR 3
11. Update to the App and changes to the Service
11.1 From time to time, we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
11.2 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
12. If someone else owns the phone or device you are using
If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
13. We are not responsible for other websites you link to
13.1 The App or any Service may contain links to other independent websites that are not provided by us, such as third party sites that users can purchase whisky from.
13.2 Such independent sites are not under our control, and we are not responsible for, and have not checked and approved, their content or their privacy policies (if any).
13.3 You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
13.4 Any purchases made by you from any such independent site would be subject to that independent site's terms and conditions of purchase, which we are not responsible for and have not checked or approved.
14. Licence restrictions
14.1 You agree that you will:
14.1.1 not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
14.1.2 not copy the App or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
14.1.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
14.1.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (the "Permitted Objective"), and provided that the information obtained by you during such activities:
(i) is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective;
(ii) is not used to create any software that is substantially similar in its expression to the App;
(iii) is kept secure;
(iv) is used only for the Permitted Objective; and B5834.4-02 74228114 7 AYR 4 (v) comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
15. Acceptable use restrictions
15.1 You must:
15.1.1 not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
15.1.2 not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
15.1.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
15.1.4 not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
15.1.5 not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
16. Uploading content to our App
16.1 Whenever you make use of a feature that allows you to upload content to our App or to make contact with other users of our App, you must comply with section 15 (Acceptable use restrictions).
16.2 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
16.3 Any content you upload to our App will be considered non-confidential and non-proprietary. If you take a photo of a bottle and upload that image to the App, you hereby grant us, with effect from creation, a royalty-free, non-exclusive, irrevocable and perpetual licence to use, store, copy, adapt, distribute and make available such images. We will be permitted to use such images even if you are no longer a user of the App.
16.4 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our App constitutes a violation of their intellectual property rights, or of their right to privacy.
16.5 We have the right to remove any posting you make on our App if, in our opinion, your post does not comply with the content standards set out in section 15 (Acceptable use restrictions).
17. Intellectual property rights
All intellectual property rights in the App and the Services throughout the world belong to us and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these terms.
18. Our responsibility for loss or damage suffered by you
18.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if B5834.4-02 74228114 7 AYR 5 either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
18.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
18.3 When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
18.4 We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18.5 Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
18.6 Limitations to our Bevvy Estimates. Although we make reasonable efforts to ensure that our Bevvy Estimates are as accurate as they can be, whisky prices are subject to continuous change. We make no representations, warranties or guarantees, whether express or implied, that any Bevvy Estimate provided on our platform is accurate or up to date and we will have no liability to you for any Bevvy Estimate provided on our platform.
18.7 Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
18.8 The App may include information and materials uploaded by other users of the App. This information has not been verified or approved by us. The views expressed by other users on our App do not represent our views or values. We will have no liability to you for such information and materials uploaded by other users of the App.
18.9 Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the appstore site) meet your requirements.
18.10 We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
19. We may end your rights to use the App and the Services if you break theseterms
19.1 We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so. 19.2 If we end your rights to use the App and Services: 19.2.1 you must stop all activities authorised by these terms, including your use of the App and any Services; B5834.4-02 74228114 7 AYR 6 19.2.2 you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this; and 19.2.3 we may remotely access your devices and remove the App from them and cease providing you with access to the Services.
20. We may transfer this Agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
21. You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
22. No rights for third parties
These terms not create any rights in favour of third parties under the Contract (Third Party Rights) (Scotland) Act 2017 to enforce or otherwise invoke any provision of these terms.
23. If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
24. Even if we delay in enforcing this contract, we can still enforce it later
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
25. Which laws apply to this contract and where you may bring legal proceedings
25.1 These terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of Scotland.
25.2 You may bring legal proceedings in respect of any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms or its subject matter or formation in the Scottish courts. If you do not live in Scotland, you may also bring legal proceedings in your local courts. For example, if you live in Northern Ireland, you can bring legal proceedings in the Scottish or Northern Irish courts.