Mobile App - Terms & Conditions
Terms and Conditions
Last updated: 21/03/2022
The following definitions shall have the following meaning when used in these terms and conditions.
“App” shall mean the mobile application run by the Company.
“Customer”, “you” shall mean anyone that downloads our App.
“Company”, “us”, “our” and “we” shall mean The Ocean Bottle Ltd, company number is 11235061 (registered office address: 20-22 Wenlock Road, London, England, N1 7GU).
“Refill Station” means the businesses who provide drinks to Customers by way of the App.
“Refill” means when you purchase a drink at a Refill Station using your refillable bottle.
Please read these Terms and Conditions (“Terms”) carefully before you use our App and the affiliated services (the “Service”). Your access to and use of our App and the Service is conditional on your acceptance of and compliance with these Terms.
These Terms apply to all visitors, users and others who access or use the App. By accessing or using the App, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
You warrant that you are legally capable of entering into binding contracts and you are at least 16 years old.
- REFILLS, PRICES AND DISCOUNTS
- As and when you Refill, you may be entitled to discounts and/or other benefits by the Refill Station, however, no guarantee is made by us or the Refill Station that any such discounts or benefits are available.
- When you attend a Refill Station, in order to record the Refill and obtain the discount and/or other benefit (if any), you must be able to access your account on the App so that your information can be accessed and shared with the Refill Station.
- It is the sole responsibility of the Refill Station to provide accurate prices and discounts (and any other benefit), and we are not liable for any incorrect prices and discounts (and any other benefit) listed on the App. Please note, the prices and discounts (and other benefits) stated by Refill Stations are invitations to treat only (they are not offers that you can accept).
- LOSS, DAMAGE AND THEFT
- The Customer uses the Service at their own risk. This includes a Customer’s use of a Refill Station, each of which is not individually checked or tested by us or an independent third party, and therefore we cannot guarantee the quality of the beverage (or any other item) purchased by you at the Refill Station.
- We do not accept any responsibility for the loss, theft or damage to belongings of the Customer whilst at a Refill Station. Money and valuables should never be left unattended.
- Your refillable bottle is always your responsibility.
- SUGGESTING A REFILL STATION
- By way of the App, you can suggest a Refill Station. Once you have included the necessary information (as directed by the App), we will review the suggestion, and if accepted, upload it as a Refill Station.
- When suggesting a Refill Station, you must include all the information to the best of your knowledge.
- INTELLECTUAL PROPERTY
- The content, recordings, visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the App (“Materials”) are protected by local copyright, trade dress and trade mark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the App are the copyrighted property of the Company and may not be used in connection with any product or service or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. All trade marks, service marks, and trade names used by us on the App are proprietary to us. Except as expressly authorised by us, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorised use of the Materials and may only access the Materials for your personal, non-commercial use. In the event that Materials are downloaded to your computer or mobile phone, you do not obtain any ownership interest in such Materials. All rights not expressly granted in this Agreement are reserved.
- The trade marks and logos (the “Trade Marks”) displayed throughout the App and on the Company’s related websites include the registered and unregistered trademarks of us and of other businesses. You do not receive any rights in relation to the Trade Marks and you agree to never use the Trade Marks for any purpose.
- THIRD-PARTY SITES AND LINKS
- The App may include links to other web sites or services, including, but not limited to, Refill Stations (“Linked Sites”) solely as a convenience to users. We do not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, we make no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. Access and use of Linked Sites, including the information, material, products, and services on Linked Sites or available through Linked Sites, is solely at your own risk.
- Sometimes promotional plans are offered in conjunction with the provision of third-party products and services. We are not responsible for the products and services provided by such third parties, and use of such products and services is at your own risk.
- Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the App are solely between you and such third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party on the App.
- Refills and any other products and services made available via the App are provided by third party Refill Stations (and the descriptions of the foregoing posted on the App are provided by such Refill Stations), not us. You agree that your use of the App and attendance at, participation in, purchase and/or use of any goods and/or services is solely at your own risk. We do not assume any liability or make any warranties of any kind, express or implied, arising out of, in connection with or with respect to the App.
- In no event shall we be liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or is any way connected with a user’s attendance at a Refill Station, or product, or the performance or non-performance of any third party. We are not an agent of any third party with which a user has attended for the purpose of a Refill. Without limiting anything herein, we disclaim all warranties, whether statutory, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, related to any goods and services offered by Refill Stations.
- We do not warrant or make any representations (i) that the App and /or any Refill Station is suitable for you or will meet your personal needs, (ii) regarding the adequacy or safety of any Refill Station, (iii) that the App and/or any Refill Station, or any aspect thereof, will be available or permitted in your jurisdiction, (iv) that the App, or any aspect thereof will be uninterrupted or error-free, that defects will be corrected, or that the App and any downloadable software, content, services, or applications made available in conjunction with or through the App are free of viruses or other harmful components, or (v) regarding the use of the App and any downloadable software, content, services, or applications made available in conjunction with or through the App in terms of correctness, accuracy, reliability, or otherwise. You understand and agree any material or data that you download or otherwise obtain through the use of the App is at your own discretion and risk and that you will be solely responsible for any injury, loss or damages, including damage to your computer system or loss of data that results from the download of such material or data.
- To the fullest extent permitted by law, you release the Company and their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages and liabilities arising out of or in any way related to your participation in or use of the App and/or attendance at, participation in, purchase of and/or use of any good and or service at a Refill Station) including but not limited to with respect to bodily injury, physical harm, loss, illness, death or property damage.
- OUR LIABILITY
- Subject to the rest of these Terms, we will not be liable for any losses that result from our failure to comply with these Terms as a result of your loss of income or revenue, loss of business, loss of profits or loss of anticipated savings.
- Nothing in this agreement excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
- Where you receive services and/or purchase beverages from a Refill Station, any losses or liability arising out of, or in connection with, such services and/or beverages shall be the relevant Refill Station’s liability. We accept no liability for any bad experiences or bad beverages at any of the Refill Stations. We will not become involved in any dispute between you and any Refill Station.
- We do not give any warranty for any goods or services accessed through, or displayed on, our App.
- We are not liable for any loss if the App and/or Service is temporarily down or is not working properly.
- PROHIBITED BEHAVIOUR
Without limiting the prohibitions and restrictions found elsewhere throughout these Terms, you agree not to:
- Harass, threaten, stalk, disrupt or defraud users, members or staff of a Refill Station or any other person, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
- Act in a deceptive or fraudulent manner by, among other things, impersonating another person or access another user’s account without that person’s permission;
- Share passwords with any third party or encourage any other user to do so;
- Upload or send to App users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libellous, or otherwise inappropriate content;
- Decompile, reverse engineer or disassemble the App, in whole or in part, except as may be permitted by applicable law;
- Use the App for or in connection with any purpose that is unlawful or prohibited by these Terms.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
- GOVERNING LAW AND JURISDICTION
These Terms are subject to the laws of England and Wales, and any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect, however, we are not bound to provide you with any notice. What constitutes a material change will be determined at our sole discretion.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.