Terms and Conditions | The Beer Kitchen

Terms and Conditions

INTRODUCTION

1. The following Terms and Conditions apply to users, viewers and all people who access the website operated by us, The Beer Kitchen by Innis & Gunn (we, us or our) located at www.thebeerkitchen.co.uk (Our Site).
2. Please read these Terms and Conditions carefully before using Our Site. Using Our Site indicates that you accept these Terms and Conditions. If you do not accept these Terms and Conditions in full, you must leave Our Site immediately.
3. You may access most areas of Our Site without registering your details with us. Certain areas of Our Site may only be open to you if you register.
4. We may revise these Terms and Conditions at any time by updating this posting. You should check Our Site from time to time to review the then current legal notice, because it is binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages of Our Site.

INTELLECTUAL PROPERTY

5. Unless otherwise stated, the copyright and other intellectual property rights in all material on Our Site are owned or licensed by us and may only be used or copied, in whole or part, with our permission. All the trade marks and all related logos, labels and bottle designs associated with the Innis & Gunn brand are owned by the Innis & Gunn group of companies. Any third-party trade marks, service marks and logos are the property of their respective owners.
6. Material from this Website may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, commercially exploited or adapted in any way without our prior written consent.
7. Any rights not expressly granted in these Terms and Conditions are reserved.

SERVICE ACCESS & ACCEPTABLE USE

8. We are not liable if for any reason Our Site is unavailable at any time or for any period. Access to Our Site may be suspended temporarily or permanently without notice.
9. We reserve the right to suspend, terminate or restrict access to Our Site if these Terms and Conditions are breached.
10. If we provide any access to Our Site which involves your using a username and password, you must keep any passwords and usernames allocated to you confidential and we reserve the right to suspend or terminate your username and password if we suspect non-compliance by you with these Terms and Conditions, or that the security of Our Site may have been compromised.
11. You may use Our Site only for lawful purposes. You may not use Our Site:
(a) in any way that breaches any applicable local, national or international law or regulation;
(b) in any way that is unlawful or fraudulent or has any unlawful or fraudulent effect;
(c) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any form of spam;
(d) to knowingly transmit any data, send or upload any material that contains viruses or similar computer code designed to adversely affect the operation of any computer software or hardware;
(e) to undertake any other activity that would contravene the Computer Misuse Act 1990 (UK).
12. Any material you contribute to Our Site must:
(a) be accurate (where stating anything as fact);
(b) be genuinely held (where stating an opinion);
(c) respect the intellectual property rights of others; and
(d) comply with applicable law in the UK and in any country from which they are posted.
13. You are prohibited from posting or transmitting to, from, or via Our Site any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause offence, annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

SUBMISSIONS

14. Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to Our Site (including remarks, suggestions, ideas, creative concepts, graphics or other information communicated through Our Site) will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied in such material for any and all commercial or non-commercial purposes.
15. You may not misuse Our Site (including, without limitation, by hacking).
16. Through Our Site, you may have the ability to access and/or use content provided by third parties. We cannot guarantee that third party content will be free of material you may find objectionable or otherwise. We disclaim any responsibility or liability related to your access or use of any third party content.
17. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material or acting in any way in breach of these Terms and Conditions.

LINKS TO OTHER WEBSITES

18. Links to third party websites on Our Site are provided solely for your convenience. If you use these links, you leave Our Site. We have not reviewed all of these third party websites and we do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to Our Site, you do so entirely at your own risk.
19. If you would like to link to Our Site, you may only do so on the basis that you link to, but do not replicate, the home page of Our Site, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of any of the logos used on our Website;
(b) you do not create a frame or any other browser or border environment around Our Site;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us or our group companies, affiliates and partners or their products or services;
(e) you do not otherwise use any of the trade marks displayed on Our Site without express written permission from us or, for third party trademarks, the relevant rights owner;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
20. We expressly reserve the right to revoke the right to link to Our Site for breach of these Terms and Conditions and to take any action we deem appropriate.
21. You will fully indemnify us and our affiliates for any loss or damage suffered because you do not comply with the conditions above for linking to Our Site.

RESTRICTION ON LIABILITY

22. While we endeavour to ensure that the information on Our Site is correct, we do not warrant the accuracy and completeness of the material on Our Site. We may make changes to the material on Our Site, or to the services/products and prices described in it, at any time without notice. The material on Our Site may be out of date, and we make no commitment to update such material. To the maximum extent permitted by law, we provide you with Our Site on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, conditions implied by law).
23. Subject to the following paragraph, we, any other party involved in creating, producing, maintaining or delivering Our Site, and any of our group companies and affiliates and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in delict, tort, contract, negligence or otherwise) in connection with Our Site in any way or in connection with the use, inability to use or the results of use of Our Site, any websites linked to Our Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect any computer equipment, software, data or other property on account of your access to, use of, or browsing Our Site or your downloading of any material from Our Site or any websites linked to Our Site.
24. Nothing in these Terms and Conditions shall limit our liability for:
(a) death or personal injury caused by our negligence or that of our directors, agents, officers or representatives;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability which cannot be excluded or limited by law.
24. If your use of material on Our Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs of this.

GOVERNING LAW AND JURISDICTION

25. These Terms and Conditions shall be governed by and construed in accordance with the laws of Scotland. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the Scottish courts although we retain the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any other relevant country.

INFORMATION ABOUT US

26. The Beer Kitchen by Innis & Gunn is a trading name and style of The Innis and Gunn Hospitality Group (Sco, NI and Irl) Limited (registered in Scotland with company number SC 508856). Our postal address is 6 Randolph Crescent, Edinburgh, EH3 7TH, Scotland. Our registered office address is Hamilton House, 70 Hamilton Drive, Glasgow, G12 8DR. Our VAT number is GB8431 09346.

LAST UPDATED: 1 November 2015.

GENERAL COMPETITION TERMS & CONDITIONS

INTRODUCTION

1. These terms and conditions apply to all competitions (each of which is a competition) organised by The Beer Kitchen by Innis & Gunn (the Promoter), or a third party on the Promoter’s behalf.
2. No purchase is necessary unless stated otherwise in the competition headline terms. By entering a competition entrants accept these terms and conditions together with any specific instructions and terms for the competition which may be mentioned in any electronic messages, or on the Promoter’s website, or communicated to entrants in any other way (competition information). The competition information will apply if there is any inconsistency between these competition terms and conditions and any competition information.
3. The Promoter may cancel or amend any competition, competition information, or these terms and conditions without prior notice. Any changes will be posted either within the competition information or these terms and conditions.

COMPETITION ENTRY

4. Entrants must be 18 or over.
5. Unless otherwise stated in the competition headline terms the competition is open to UK residents only (UK, Isle of Man and Channel Islands). The Promoter may ask competition winners for proof of UK residency and if a competition winner is unable to prove their residency to the Promoter’s satisfaction (i.e. prove that they are physically present in the UK for 183 days or more in the previous or current UK tax year), the Promoter reserves the right to select an alternative winner. Employees of the Promoter and members of their immediate families (including any live-in partner or household member) of any of the following may not enter: any company or person involved in the organisation, management, promotion, or administration of the competition or its entry routes or donation of prizes or their agents or subsidiaries; any company involved in any capacity in the sponsorship of a competition or competition prize.
6. The Promoter may ask for proof of age and in all competitions evidence to verify the identity of that entrant at any time, and may use any channels and methods available to carry out checks of any details provided. Entrants may only enter the competition in their own name.
7. The opening and closing dates and times for entries are as indicated in the competition information. Any entries received before the opening and after the closing of the competition will be invalid and will not be entered into the competition.
8. By entering the competition entrants confirm that all information submitted by them is true, current, and complete. Entrants also confirm that they are the copyright owners of any copyright works submitted, e.g. photographs and drawings, and the Promoter’s use of such works (which entrants permit by entering the competition) will not to the best of their knowledge and belief infringe the rights of any third party.
9. Any limit on the number of entries a person or household may make will be stated in the competition information. Entries received that exceed this limit will be invalid and will not be entered into the competition.
10. Entry to the competition may only be made through the applicable method(s) indicated in the competition information. Not all of the following methods of entry may be available for entry to each competition. The following terms and conditions will apply where the method is indicated as being available in the competition information.

WEB ENTRY

11. Where specified in the competition information as an available method of entry to the competition, web entrants are required to follow the instructions on the website as indicated in the competition information. There is no charge by the Promoter for web entries but entrants should note that they are responsible for any network data charges incurred by them, particularly when entering the competition using mobile internet. Entrants may, dependent on the competition, receive a message to the email address supplied when entering confirming entry to the competition. Web entrants may be required to supply their name, and/or email address and/or a contact telephone number and/or any other relevant details.

EMAIL ENTRY

12. Where specified as an available method of entry to the competition, entrants may enter the competition by sending an e-mail with the information indicated in the competition information to the email address indicated in the competition information. There is no charge for email entries. Entrants may receive a message confirming their entry to the competition.

ENTRY VIA SOCIAL MEDIA SITES

13. Where specified as an available method of entry to the competition, social media site entrants may enter the competition by responding with the information indicated in the competition details by posting their answer within their comment or by following the link to the competition web or social media page and following the instructions to enter the competition. There is no charge by the Promoter for such entries but entrants should note that they are responsible for any network data charges incurred by them, particularly when entering the competition using mobile internet.
14. Neither the Promoter nor its servants, agents, nor any other party or organisation involved in the management, promotion, or administration of the competition or its entry routes or donation of prizes or their agents or subsidiaries involved in the competition will accept responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of network availability, server functions (including but not limited to security functions by software used by the Promoter or any third party), virus, malware, trojans, bugs, or other causes outside its control.
15. Competition entries, and prizes, will be limited to one per person unless otherwise indicated in the competition information. Entries submitted through agents or third parties or in bulk (i.e. more entries than a human being could submit in the time available without the use of software or other devices designed to make automated entries or, in the case of postal entries, more than one entry submitted under the same postage stamp) will not be accepted.
16. Any entries which are incomplete, incorrect, inaudible, incomprehensible, or not received by the Promoter will be void.
17. In the event of any fault, mistake, misunderstanding or dispute concerning the correctness or acceptability of the entry or any answers given by entrants (if applicable), or the operation of any part of the competition (in the case of postal entries, a postal strike for example), network or phone system, the decision of the Promoter shall be final and no correspondence will be entered into.
18. The Promoter will not be liable to reimburse expenses incurred in making an entry in any competition. Where the Promoter decides in its sole discretion that an entrant is eligible for a refund, eligibility for refunds will be notified to relevant entrants. The Promoter reserves the right to refuse to provide a refund where it suspects dishonest or fraudulent conduct on the sender’s part or where the entrant has not complied with the rules of the competition.

PRIZES

19. The prize is as specified in the competition information and no cash or other alternative will be offered. The prize is non- transferable and non-exchangeable. However, the Promoter reserves the right to change the prize due to circumstances beyond its control or to offer an alternative of at least equivalent value.
20. The process for determining the winner of the prize is as indicated in the competition information. Where the winner is randomly selected from all correct and valid entries, the draw for the winner will take place within 7 days of the date on which the competition closes (or such other timeframe as may be stated in the competition information).
21. Prize draw prizes will be awarded in accordance with the laws of chance. Any competition requiring a subjective assessment in the selection of winning entries will be judged by the Promoter or as indicated in the competition information and, if required by law or regulation, an independent judge or a panel including one member who is independent of the competition’s promoters and intermediaries.
22. Should more prizes be claimed than are available for any reason, a simple prize draw will take place for the available prize(s).
23. The Promoter will attempt to notify the winner within 21 days after the closing date, or as otherwise indicated in the competition information. Where time is of the essence, a shorter period may apply at the discretion of the Promoter. The winner will be contacted using one or more of the contact details provided by the winner when entering the competition. The winner will have a specified fixed time period in which to claim his or her prize. If the Promoter is unable to notify the winner, or if the winner fails to respond within the fixed time period as specified and/or provide an address for delivery of the prize, this may result in forfeiture of the prize and the Promoter reserves the right to select an alternative winner in accordance with these terms and conditions and the competition information.
24. The Promoter may in its sole discretion refuse to provide a prize, or seek its recovery, in the event of non-entitlement under these terms and conditions or an entrant’s breach of these terms and conditions, the Promoter’s website terms of use, fraud, dishonesty, or other inappropriate or improper conduct including but not limited to the use of technology which enables an entrant to evade charges or entry requirements.
25. Any entrant who enters or attempts to enter the competition in a manner, which in the Promoter’s determination is contrary to these terms and conditions or by its nature is unfair to other entrants may be removed from the competition at the Promoter’s sole discretion.
26. The Promoter reserves the right to modify, cancel, terminate or suspend the competition in whole or in part, at its sole discretion, if it believes the competition is not capable of being conducted as specified in these terms and conditions and the competition information or in the event of a virus, computer bug or unauthorised human intervention or any other cause beyond the reasonable control of the Promoter that could corrupt or affect the administration, security, impartiality, or normal course of the competition.
27. The Promoter reserves the right in its sole discretion to withhold delivery of the prize until such proof of eligibility and identity has been confirmed or if such proof is not produced on request or to disqualify the entrant from the competition.
28. The Promoter will aim to deliver the prize to the winner within 28 days from the date of the draw, unless otherwise specified to the winner. Delivery restrictions may apply depending on the nature of the prize.

DATA PROTECTION AND PUBLICITY

29. The Promoter (or any third party nominated by the Promoter) may use an entrant’s (and (if applicable) their companion’s) name (including social media user name, where relevant), general location, image, and their entry into the competition for future promotional, marketing and publicity purposes in any media (including on websites and social media) worldwide without notice or without any fee being paid and entrants grant to the Promoter an irrevocable non-exclusive licence for this purpose. Winners may be required to participate in reasonable publicity and they agree to the use and publication of their name, general location and image for promotional and marketing purposes.
30. Information and data (personal data) which is provided by entrants when they enter the competition will be held and used by the Promoter and its suppliers and contractors in order to administer the competition. Entrants’ personal data may also be passed, where applicable, to their mobile phone network, to any relevant social media platform provider (e.g. twitter or Facebook) or to relevant regulatory bodies, the police or other authorities in the course of the investigation of any complaints or suspected unlawful activity. Aggregate, non personal data may also be used for the purpose of undertaking market research or in facilitating reviews, developments and improvements to relevant services.
31. Data captured during the course of the promotion will be processed in accordance with the Data Protection Act 1998 (UK) and any personal data will be used in accordance with the Promoter’s Privacy Policy. Any additional use(s) of the persona data supplied for the competition will be set out in the competition information. Any entrant who is entering the competition may opt out of receiving any marketing communications from the Promoter by following the instructions given in the competition information or as set out in the Promoter’s Privacy Policy.

LIABILITY

32. Nothing in these terms and conditions excludes or limits the Promoter’s liability for death or personal injury caused by its staff or suppliers’ negligence or for fraud. Subject to this, and to applicable statutory consumer rights in the UK, the Promoter accepts no responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the competition or as a result of accepting any prize or entering the competition.
33. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any website, or any combination of these, including any injury or damage to entrant’s or any other person’s computer, data or mobile telephone related to or resulting from participation or downloading any materials in the competition.
34. The Promoter cannot promise that the services relating to the competition will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition. These services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond the control of the Promoter. The Promoter will not be liable in the event that all or any part of the service relating to the competition is discontinued, modified or changed in any way.

GENERAL

35. In the event that any entrant does not, or is unable to, comply with and meet these terms and conditions and the competition information, the Promoter shall be entitled at its sole discretion to disqualify the entrant, without any further liability to the entrant. In these circumstances, the entrant’s competition entry and any prize(s) won by the entrant may be forfeited and the Promoter reserves the right to reclaim any prize(s) already distributed to the entrant. Any entrant must comply with any directions given to him or her by the Promoter including but not limited to any and all relevant laws, rules and applicable regulatory codes.
36. The invalidity or unenforceability of any provision of these terms and conditions shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these terms and conditions shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained in these terms and conditions.
37. The Promoter is The Innis and Gunn Hospitality Group (Sco, NI and Irl) Limited (registered in Scotland with company number SC508856) and ‘The Beer Kitchen by Innis & Gunn’ is a trading name and style of this company. The Promoter’s registered office address is Hamilton House, 70 Hamilton Drive, Glasgow, G12 8DR. The Promoter’s VAT number is GB8431 09346.
38. The Promoter can be contacted by email at this address: hello@thebeerkitchen.co.uk and by post to: 6 Randolph Crescent, Edinburgh, EH3 7TH, United Kingdom.
39. Without affecting the statutory rights of UK consumers, all matters relating to these terms and conditions and all competitions are governed by the law of Scotland and subject to the exclusive jurisdiction of the Scottish courts.

LAST UPDATED: 1 November 2015.