2. INTELLECTUAL PROPERTY RIGHTS
The information, communications, software, scripting, photographs, text, video, graphics, music, sounds, images, buttons, trademarks, service marks, trade names, logos and other materials found on the website (collectively, the “Content”) are protected by copyright, trademark, database right, sui generis rights and other intellectual property laws, under national laws and international treaties. MEAS and/or its licensors retain all right, title, interest and intellectual property rights in and to the Content.
3. USE OF WEBSITE
You agree not to copy, modify, transmit, display, distribute, perform, reproduce, licence, publish, creative derivative works from, transfer or sell any information contained on or forming part of this website, or otherwise use such Content of this website for resale, re-distribution or for any other commercial use.
4. LINKS TO THIRD PARTY WEBSITES
This website contains links to third party websites. MEAS does not own or control such third party websites and only provides links to other locations on the internet for information purposes. Access to any other website through this website is at your own risk. Your use of third party websites is subject to the terms and conditions of use contained within each of those sites. MEAS is not liable or responsible for the accuracy of any information, data, opinions or statements on these websites or the security of any link or communication with those websites. The fact that MEAS provides a link to a third party website does not mean that MEAS endorses, authorises or sponsors that website.
5. LIMITATION OF LIABILITY
All use by you of this website is at your own risk. You assume complete responsibility for, and for all risk of loss resulting from, your using of, or referring to or relying on material or content provided on this website, or any other information obtained from your use of this website.
The website is available to all users “as is” and, to the greatest extent permitted by applicable law, the website is made available without any representations or warranties of any kind, either express or implied. Even though reasonable care has been taken in the preparation and publication of the content of this website, the user acknowledges that the information contained in this website may contain technical inaccuracies or typographical errors. All liability of MEAS howsoever arising for any such inaccuracies, errors, mistakes, misstatement or any other error of whatsoever nature contained herein is expressly excluded to the fullest extent permitted by law.
The Standard Drink Calculator, Drinks Diary and Calorie content of alcoholic drinks are intended as guides only. Some alcohol products which are produced in Ireland may also be imported using the same brand name. The imported product’s ABV can differ to the ABV of the Irish produced product. In such cases, the ABV of alcohol products referred to in the drink calculator relates to those produced in Ireland. You can check the number of standard drinks in any alcohol product if you know the ABV (this is referred to on the label) and the capacity of the container. Please refer to the Drink Calculator section for instructions. MEAS is not responsible for any diagnosis made by a user based on the Content of this website.
To the fullest extent permitted by applicable law, neither MEAS nor any of its officers, affiliates or other representatives will be liable for loss or damages arising out of or in connection with your use of or inability to use any material or Content offered on this website, including, but not limited to, indirect or consequential loss or damages, loss of data, loss of income, profit or opportunity, loss of or damage to property and claims of third parties, even if MEAS has been advised of the possibilities of such loss or damages, or such loss or damages were reasonably foreseeable. You hereby waive any and all claims with respect thereto, whether based on contract, tort or other grounds.
6. CHANGES IN THE TERMS AND CONDITIONS
7. GOVERNING LAW AND JURISDICTION
COMPETITION TERMS & CONDITIONS
These are the competition rules that govern the relationship between you and Mature Enjoyment of Alcohol in Society Limited (“MEAS”)/drinkaware.ie when you enter one of our competitions in the absence of any specific rules to a competition.
When entering a specific competition, you should follow the links on the relevant page of the web site to the individual rules for that particular competition.
DEFINITIONS “Competition(s)” means any of our online and/or mobile competitions;
“we”, “us”, “our” means Mature Enjoyment of Alcohol in Society Limited (“MEAS”), 1-3 Lower Fitzwilliam Street, Dublin 2, the promoter of the Competitions; and “website” means the drinkaware.ie website situated at www.drinkaware.ie.
1. By participating in any of our Competitions, entrants agree to be bound by these rules (which may be amended or varied at any time by us with or without notice) and by our decisions, which are final in all matters relating to the Competitions.
2. All prizes are non-transferable and no cash alternative will be offered. Arrangements for the fulfilment of prizes will be made by us. We reserve the right in our sole discretion to substitute any and all prizes with prizes of comparable value. All prizes are subject to the terms and conditions of the manufacturer or supplier.
3. In order to be eligible for prizes, the winner(s) (and guest(s) if applicable) agree to: (1) sign an affidavit of eligibility if required; (2) release us from any and all liability, claims, demands, and causes of action for personal injury and/or damage, theft, or loss suffered in connection with the Competition or the use or acceptance of the prize or any portion thereof, save where personal injury occurs due to our negligence; and (3) sign a promotional release granting us the right to use your name and likeness for advertising and publicity purposes without additional payment or compensation. Entry into the Competition constitutes the winner(‘s’) agreement to sign such releases. The winner(s) (and guest(s) if applicable) must complete all legal documents and return them to us within five (5) working days of receipt from us. Non-compliance will result in disqualification of the winner(s) and an alternative winner will be selected.
4. The receipt, by any winner, of any of the prize components of the Competition is conditional upon compliance with any and all relevant laws, rules and regulations. The winner(s) are solely responsible for all insurance, applicable taxes and for any expenses not specified in the prize description.
5. Where prizes involve the winner(s) travelling, the winner(s) (and guest(s) if applicable) shall be required to hold a valid passport and/or other necessary travel documentation and visas. Where prizes necessitate travel on a specific date, the winner(s) (and guest(s) if applicable) must be able to travel on the date specified by us and no alternative dates will be available. Where prizes involve travel on a date to be chosen by the winner(s), the date chosen is subject to availability and we reserve the right to include a long stop date by which the prize must be taken.
6. We reserve the right to implement age requirements where necessary. Competitions are not open to employees and immediate relatives of employees of Mature Enjoyment of Alcohol in Society Limited (“MEAS”), or of their affiliated/member companies and their subsidiaries, or of any and all Competition sponsors and/or prize providers.
7. By entering the Competition, all entrants assign all rights, title and interest in all creative material uploaded onto the Website and/or sent to us and acknowledge and agree that we may use such material for any reason in any and all media throughout the world in perpetuity.
8. The winner(s) will be notified by e-mail or telephone as soon as possible after the Competition draw. The names of the winner(s) can be obtained by sending a stamped addressed envelope to Mature Enjoyment of Alcohol in Society Limited (“MEAS”), 1-3 Lower Fitzwilliam Street Dublin 2 (specifying the Competition) for one (1) month after the Competition closes.
9. The winner(s) agree that Mature Enjoyment of Alcohol in Society Limited (“MEAS”), their subsidiaries, affiliates, related companies and employees, and any other sponsors and prize providers shall have no liability in connection with acceptance or use of any of the prizes awarded in the Competitions. We reserve the right to disqualify any entrant and/or winner at our absolute discretion.
10. Any personal information, including, without limitation, the entrant’s name, age, address, (including postcode), telephone number and/or email address obtained by us by virtue of entrants entering the Competition may be used by us for the purposes of sending a newsletter occasionally and communicating with the competition winner relating to their prize. Personal information will be used for this purpose only and will not be distributed to any third party. Click here for more details on the use of such personal information and your right to remove your personal information from our database.
DRINK DIARY TERMS AND CONDITIONS
In these terms and conditions:
‘Conditions’ means these terms and conditions;
‘Material’ means all of the information, data, text, graphics, links or computer code published on, contained in or available on the Drink Diary Tool;
‘drinkaware.ie’, MEAS and ‘We / Us / Our’ means Mature Enjoyment of Alcohol in Society Limited, a registered Charity No 15913, registered as a limited company in the Republic of Ireland (Company No.360798) with its registered office at Merrion House, 1/3 Lower Fitzwilliam Street, Dublin 2;
‘User’ and ‘You’ means you, the user of the Drink Diary Tool; and
‘Drink Diary Tool” means the drinkaware.ie web-based drink tracking tool operating under the URL: www.drinkaware.ie
2. Basis of Use of the Drink Diary Tool
2.1 The User warrants to drinkaware.ie that it will not use the Drink Diary Tool, the Material or any part thereof for any purpose that is in contravention of any applicable law or regulation or in a manner that will infringe the copyright, trademarks, service marks or other intellectual property rights of third parties or violate the privacy, publicity or other personal rights of others or in any defamatory, obscene, threatening, abusive or hateful manner. Without prejudice to the foregoing general statement, You agree to the following:-
2.1.1 that You understand, acknowledge and accept the exclusion of liability and disclaimer provisions contained hereafter;
2.1.2 that You will only view the Material for Your own private purpose and will not publish, reproduce, store or retransmit any of the Material contained in the Drink Diary Tool, at any time save as expressly authorised in these Conditions;
2.1.3 that You shall not run any tools on the Drink Diary Tool that systematically retrieve web pages for offline or online viewing; whether it be for personal, commercial, experimental, educational or any other use;
2.1.4 that all intellectual property rights (including without limitation copyright, trademarks, database and all other rights) whatsoever in the Material and the Drink Diary Tool shall remain vested in drinkaware.ie at all times;
2.1.5 that You acknowledge that drinkaware.ie has no obligation to provide the Drink Diary Tool or any Material or to ensure that You are able to use, provide and/or access the Material, and the Drink Diary Tool;
2.1.6 that You will indemnify and keep indemnified Drinkaware.ie against all claims, liabilities, damages, costs and expenses including legal fees arising out of any misuse by You of the Material or the Drink Diary Tool or in breach of Your obligations under these conditions.
2.1.7 that You will not advertise or promote third party or Your own products or services including by way of the distribution of ‘spam’ mail;
2.1.8 that You will not penetrate or attempt to penetrate the Drink Diary Tool’s security measures.
3. Third Party Websites
3.1 The Drink Diary Tool may contain links to websites operated by parties other than drinkaware.ie. Such links are provided for the User’s convenience only. drinkaware.ie does not control such websites, and is not responsible for their content. drinkaware.ie’s inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. The User is solely responsible for evaluating the accuracy and completeness of any information contained on the third party websites, and also the value and integrity of any goods and services offered by such websites.
4. Disclaimer and Limitation of Liability
4.1 The Drink Diary Tool is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. Users should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in the Drink Diary Tool. So far as permissible by law, drinkaware.ie does not accept any liability to any person relating to the use of any such information.
4.2 Information is provided on the Drink Diary Tool by way of guideline only. All calculations are based on averages and are updated as and when the Material is supplied by alcohol producers and retailers. Information regarding alcohol consumption and the tips and advice offered as part of the Drink Diary Tool are checked against medical best evidence and government guidelines. IT IS IN NO WAY TO BE CONSIDERED OR USED AS A REPLACEMENT FOR PROFESSIONAL MEDICAL ADVICE FROM YOUR GP.
4.3 The Drink Diary Tool is intended for use by Irish adult residents and only in relation to their activities within the Republic of Ireland.
4.4 drinkaware.ie does not represent or warrant that the information accessible via the Drink Diary Tool is accurate, complete or correct. drinkaware.ie has no liability whatsoever in respect of any use which you make of such information except in the case of personal injury or death caused by the negligence of drinkaware.ie. Nothing in these Conditions shall affect Your statutory rights as a consumer.
4.5 The Drink Diary Tool and the information, names, images, pictures, logos regarding or relating to drinkaware.ie are provided “as is” without any representation or endorsement made and without warranty of any kind whether express or implied. In no event will drinkaware.ie be liable for any damages including, without limitation, indirect or consequential damages, or any damages or loss of profits whatsoever arising from the use or in connection with such use or loss of use of the Drink Diary Tool, whether in contract or in negligence.
4.6 drinkaware.ie does not warrant that the functions contained in the Material contained in the Drink Diary Tool will be uninterrupted or error free, that defects will be corrected, or that the Drink Diary Tool or the server that makes it available are free of viruses, bugs or other malicious code nor do we guarantee the full functionality, accuracy and reliability of the Material. It is the responsibility of the User to ensure they can assess the Internet: we recommend using the latest version of Internet Explorer, Firefox or Safari to browse when accessing our software.
4.7 Whilst drinkaware.ie has taken every precaution in compiling the Drink Diary Tool, neither it nor any contributors to the tool can be held responsible for any action (or the lack thereof) taken by any person or organisation wherever they shall be based, as a result, direct or otherwise, of information contained in or accessed through the Drink Diary Tool.
5. User Account, Password and Security
5.1 Password Security. Upon registration You will be asked for a username and password to enable You to log into the Drink Diary Tool. You are responsible for maintaining the confidentiality of the username and password. You are fully responsible for any use of the site using Your username and password. We recommend that You change Your password from time to time for additional security. If You believe someone has accessed the Drink Diary Tool using Your username and password without Your authorisation, it is your responsibility to notify us immediately and to set a new password.
5.2 Unauthorised Access. You agree to immediately notify us of any unauthorised use of Your password or account or any other breach of security. In no event will we be liable for any loss or damage whatsoever resulting from the disclosure of Your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder. You agree that we will be entitled to assume that any person logging into the Drink Diary Tool using Your username and password is either You or someone doing so with Your permission.
5.3 If we become aware of any breach of these Conditions in relation to any registered account, we reserve the right to immediately suspend that user’s access to the Drink Diary Tool without prior notice to the user.
6. Protection of Information
7. Viruses and Malicious Code
Whilst drinkaware.ie makes all reasonable attempts to exclude viruses from the Drink Diary Tool it cannot ensure such exclusion and no liability is accepted for damage caused through the downloading of viruses or other malicious code. Therefore, You are advised to take all appropriate safeguards before downloading information from the Drink Diary Tool.
8. Force Majeure
drinkaware.ie shall not be held to be in breach of our obligations hereunder nor liable to You for any loss or damage which may be suffered by another party, due to any cause beyond our reasonable control including without prejudice to the generality of the foregoing, act of god, explosion, flood, tempest, fire or accident; weather, war or threat of war, sabotage, pandemic flu or virus, insurrection, civil disturbance or requisition, restrictions, regulations, bye-laws, prohibitions or measures or any kind on the part of any governmental, parliamentary or local authority; strikes, lock-outs or other industrial actions, power cuts or trade disputes (whether involving our employees or of a third party); or any act or omission of government or regulatory bodies or communications operators.
9. Proprietary Rights
All trade marks, copyright, database rights and other intellectual property rights in the Material on the Drink Diary Tool (as well as the organisation and layout of the Drink Diary Tool) together with the underlying software code are owned by, licensed or authorised to drinkaware.ie, its assignees, licensees or sub-licensees thereof and the copyright in the text, artwork, graphics and images on the Drink Diary Tool is owned by drinkaware.ie or its licensors or its content or technology providers except where otherwise specified. Nothing in these Conditions transfers to You any rights of ownership of such intellectual property rights, or constitutes a licence to use such intellectual property rights other than to the extent expressly set out in these terms and conditions. Without Our prior written permission, You may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any Material on the Drink Diary Tool or the underlying software code whether in whole or in part. However, the contents of the Drink Diary Tool may be downloaded, printed or copied for Your personal non-commercial use.
10.1 drinkaware.ie reserves the right to change these Conditions at any time by posting changes online. Your continued use of the Drink Diary Tool after changes are posted constitutes your acceptance of these Conditions as modified.
10.2 Failure or delay by drinkaware.ie in enforcing any term of the Conditions shall not be construed as a waiver of any of its rights under it.
10.3 The illegality, invalidity or unenforceability of any part of these Conditions will not affect the legality, validity or enforceability of the remainder of the Conditions.
10.4 The terms and conditions and the use by the User of the Drink Diary Tool shall be governed by the laws of Ireland and the parties submit themselves to the non-exclusive jurisdiction of the Courts of Ireland.