Terms of service

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

Last updated: 23 January 2023

What's in these terms?

These terms tell you the rules for using our website www.auvodka.co.uk (“our site”).

Click on the links below to go straight to more information on each area:

• Who we are and how to contact us.

• By using our site you accept these terms.

• There are other terms that apply to you.

• We may make changes to these terms.

• We may make changes to our site.

• We may suspend or withdraw our site.

• You must keep your account details safe.

• How you may use material on our site.

• Do not rely on information on our site.

• We are not responsible for websites we link to.

• User-generated content is not approved by us.

• How to complain about or report content.

• Our responsibility for loss or damage suffered by you.

• How we may use your personal information.

• Uploading content to our site.

• Rights you are giving us to use material you upload.

• We are not responsible for viruses and you must not introduce them.

• Rules about linking to our site.

• Which country's laws apply to any disputes?

• Our trade marks are registered.

• Zero tolerance approach to hostility and abuse.

• Your comments and concerns.

Who we are and how to contact us

www.auvodka.co.uk is a site operated by Au Vodka Ltd (“Au Vodka”, "we", “our” or “us”). We are a private limited company registered in England and Wales under company number 09470442 and have our registered office at Unit 25 Cwmdu Industrial Estate, Swansea, Wales, SA5 8JF. Our main trading address is the same address as our registered office. Our VAT number is 212186049.

To contact us, please email our Customer Service team at customerservice@auvodka.co.uk.

By using our site you accept these terms

You represent and warrant that you are 18 years of age or older, have the legal capacity to form a binding contract with us, and meet all of the eligibility requirements herein. If you do not meet all these requirements, you must not use our site.

By using our site, you confirm that you accept these terms (together with any other documents they expressly incorporate by reference) and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

There are other terms that may apply to you

These terms refer to the following additional terms, which also apply to your use of our site:

• Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate. See further under How we may use your personal information.

• Our Cookie Policy, which sets out information about the cookies on our site.

• Our Terms & Conditions of Sale, which sets out important terms which apply to all purchases of goods from our site.

• Our Loyalty Programme Terms & Conditions of Participation (coming soon).

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. If changes are made to these terms, we will use our best endeavours to provide you with a pop-up notice when you visit our site to inform you of such changes.

We may make changes to our site

We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.

We may suspend or withdraw our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them.

You must keep your account details safe

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.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by email at customerservice@auvodka.co.uk.

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not, where applicable, use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user-generated).

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us, or our licensors.

If you print off, copy, download, share or repost any part of our site in breach of these terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on our site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely.

You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

User-generated content is not approved by us

Our site may include information and materials uploaded by other users of the site, including where applicable, to review websites, social media pages, video-sharing sites, bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

How to complain about or report content

If you become aware of any inappropriate material on our site, please contact us immediately by email at customerservice@auvodka.co.uk.

If you wish to complain about any other content on our site, please contact us by email at customerservice@auvodka.co.uk.

Our responsibility for loss or damage suffered by you

• 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 and for fraud or fraudulent misrepresentation.

• Different limitations and exclusions of liability will apply to liability arising as a result of the sale of any products to you, which are be set out in our Terms & Conditions of Sale, that describe important terms which apply to all purchases of goods from our site.

• Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

Uploading content to our site

Whenever you make use of a feature (if applicable) that allows you to upload content to our site, or to make contact with other users of our site, you must comply with reasonably expected content standards. This includes the idea that any contribution must be accurate (where facts are stated), be genuinely held (where opinions are stated) and comply with the law applicable in England and Wales. In addition, any contribution must not be defamatory of any person, be obscene, offensive, hateful or inflammatory, or even bully, insult, intimidate or humiliate.

You warrant that any such contribution does comply with these reasonably expected 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.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload.

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 site constitutes a violation of their intellectual property rights or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the reasonably expected standards described discussed above.

You are solely responsible for securing and backing up your content.

You must not upload any material that could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence.

Rights you are giving us to use material you upload

When you upload or post content to our site (and in particular when you hashtag #auvodka on any of our social media brand accounts), you grant us and our affiliates and agents the following rights to use that content:

• A perpetual, irrevocable, fully paid, worldwide, non-exclusive, royalty-free, fully transferable licence to use, reproduce, modify, distribute, create/prepare derivative works from, display, store, adapt, publish, translate, and perform that user-generated content in connection with our marketing throughout the world across different media, including to promote the site or the service forever, along with your name and likeness throughout the world in any existing or future media, without obtaining additional consent, without the need to provide any attribution, without restriction, without the need to notify you, and without any duty or obligation to compensate you in any way; and

• a worldwide, non-exclusive, royalty-free, transferable licence for partners or advertisers to use the content for their purposes forever.

You acknowledge that we have no obligation of confidentiality in relation to any material you submit to us via our site.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with reasonably expected content standards.

If you wish to link to or make any use of content on our site other than that set out above, please contact us by email at customerservice@auvodka.co.uk.

Which country's laws apply to any disputes?

Please note that these terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

Our trade marks are registered

"Au 79" is a UK registered trade mark of Au Vodka. You are not permitted to use our trade marks without our approval, unless they are part of material you are using as permitted under How you may use material on our site.

All content on our site (including, without limitation, text, designs, graphics, logos, icons, images, films, audio clips, downloads, interfaces, code and software) is owned by or licensed to Au Vodka, our affiliates, and our respective licensors or content providers, and is protected by copyright, trade mark and other applicable laws. Your use of the site does not entitle you to any intellectual property rights or any other rights to our content, other than the limited rights of use granted to you pursuant to these terms. You may not use our site or our content on our site for any commercial purpose whatsoever.

Zero tolerance approach to hostility and abuse

Introduction

Most individuals who contact our Customer Service team do so in a polite and courteous manner. This below policy is aimed at how we manage the relatively few individuals whose actions we consider unreasonable. We will manage behaviour that is aggressive or abusive, or which places unreasonable demands on our staff.

Unreasonable behaviour

Aggressive/abusive behaviour is behaviour or language (whether verbal, i.e., face to face or written) that may cause our staff to feel intimidated, threatened or abused. Examples may include:

• threats;

• verbal abuse;

• racist and sexist language;

• derogatory remarks;

• offensive language;

• rudeness;

• making inflammatory statements; and/or

• raising unsubstantiated allegations.

Unreasonable demands and communication may include:

• requesting responses from our staff in unreasonable timescales;

• insisting on speaking with certain members of our staff; or

• adopting a “capture-all” approach by contacting many of our staff members and third parties via various contact methods, including social media.

How we will manage unreasonable behaviour

All our staff have the authority to manage unreasonable behaviour. This may include taking a separate record of your correspondence with us for reporting purposes. Incidents of unreasonable behaviour will be reported internally at the earliest opportunity.

We have a zero-tolerance position on violence and threats against our staff and this behaviour will always be reported to the police if appropriate. In all other cases, we may inform you that your behaviour is unreasonable and ask you to modify your behaviour. We will explain what action will be taken if the warning is ignored and, if you do not modify your behaviour, we will take steps to restrict communications with you. If we decide a restriction is appropriate, we will consider which of the options open to us best fits the circumstances. The level of restriction that we apply will be proportionate, considering the nature, extent and impact of your behaviour on our ability to do our work. This may include blocking communications from you.

Any decision to limit our contact with you will be made at manager level and will be communicated to you if necessary. If you object, you may ask for our decision to be reviewed by another person of manager level.

Your comments and concerns

All other feedback, comments, requests for technical support, and other communications relating to our site, should be directed by email to customerservice@auvodka.co.uk.