Heineken UK Website Terms of Use
Heineken UK Limited (“Heineken”, “we” or “us”) respects your privacy and recognises your desire to safeguard your personal information. These Terms of Use, along with our Privacy Policy and Cookies Policy, are designed to inform you about the kind of personal information collected on this website (the “Website”), to inform you of the conditions of use of the Website, and how we maintain the security of the Website. Please read the Terms of Use set out below carefully.
By using our Website, you acknowledge and agree to the following Terms of Use. If you do not agree to these terms, please do not use this Website.
Agreement to terms. These Terms of Use are applicable to the Website, unless explicitly stated otherwise in any particular instance. By entering this Website and indicating your acceptance, you acknowledge and agree that you shall be bound by any revisions to the Terms of Use. We suggest periodically visiting this page of the Website to review these Terms of Use for any changes.
Who we are. This Website is operated by Heineken UK Limited, a company registered in Scotland under company number (SC065527) with registered office at 3-4 Broadway Park, South Gyle Broadway, Edinburgh EH12 9JZ. Our VAT number is GB 268 644912. To contact us, please e-mail us through our 'Contact Us' page on the Website or direct at consumercare@heineken.co.uk.
No entry for under-aged persons: This Website is intended only for residents in the UK of at least 18 years of age. Do not use this Website if you are younger than 18 and/or not resident in the UK. Date of birth verification is required to gain access of the Website and prompts may be located within the Website. Do not share or forward this Website to anyone under 18 years of age or anyone who is not resident in the UK.
Collection of Personal Data. You acknowledge and agree that any personal data that you provide and/or we collect when you use this Website shall be processed in accordance with our Privacy Policy.
Location and Jurisdiction. This Website is controlled and operated by Heineken from its offices in the UK. Heineken makes no representation that material in the Website is appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws if, and to the extent, that local laws are applicable. These Terms of Use and anything in the Website shall be governed by the laws of England and Wales.
Accessing our Site. Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice. From time to time, we may restrict access to some parts of our Website, or our entire Website, even to users who have registered with us. We will not be liable if, for any reason, our Website is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Website. You shall not interfere or attempt to interfere with the operation of the Website or the use thereof by other users, in any way through any means or device, including, but not limited to uploading computer viruses, logic/time bombs, Trojan horses, spamming, hacking, or any other means expressly prohibited by any provision of these Terms of Use.
Accessibility. We are committed to making the Website fully accessible. Using the guidelines set out by the W3C (World Wide Web Consortium) we aim to have our Website conform to a WAI (Web Accessibility Initiative) rating of 'A'. CSS & HTML markup complies with W3C guidelines up to priority 1.
Intellectual Property and Use of the Website. This Website contains material which may include but not be limited to audio, graphics, sound and video recordings, charts, text, databases, information, or images of places or people and any names, copyright, registered designs, logos, trademarks and/or service marks (“Materials”) which are owned by or licensed to Heineken and protected by international copyright, trade mark and other intellectual property laws. By using this Website, you acknowledge and agree that any Materials on this Website, are owned or licensed by Heineken. You shall not be permitted to reproduce, modify, reverse engineer, distribute, exploit, decompile, create derivative works of (or based on) these Materials, or do any other act which is otherwise than for your own personal use in the UK or in respect of which Heineken has provided its express prior written consent. Heineken will enforce its intellectual property rights to the fullest extent of the law. Any unauthorised use of these Materials may subject you to penalties or liability for damages including, without limitation, those related to violation of trademarks, copyrights, privacy and passing off.
Changes. Although the Materials and information on the Website are based on up-to-date information, and while Heineken makes all reasonable efforts to ensure that all content, information and Materials on this Website are correct, accuracy cannot be guaranteed and Heineken makes no warranties or representations of any kind as to its accuracy. If the need arises to update our Website, we may suspend access to our Website, or close it indefinitely.
User Submissions – Confidentiality. By using this Website you acknowledge and agree that any information, material or communication of any kind that you transmit, send or post to this Website, in any manner and for any reason (“User Submission”), will not be treated as confidential. You acknowledge and agree that Heineken has no obligation to use any idea or other material contained in any User Submission, and that you have no right to compel any such use. You acknowledge and agree that, as transmissions over the internet are never completely private or secure, any User Submission you send to this Website may be read or otherwise intercepted by a third party. Heineken does not assume and shall not have any special responsibility to you by virtue of your sending any User Submission to Heineken. Heineken does not accept or consider any creative ideas, concepts, suggestions or other materials from the public, and therefore you should not make any such submission to Heineken in any User Submission either through this Website or otherwise.
User Submissions – Intellectual Property. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licences, rights, consents, and permissions to use and authorise Heineken to use all patent, trademark, trade secret, design, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. For clarity, to the extent that you own or have the right to use the proprietary rights in any User Submission, you will retain all such ownership and right to use. However, by submitting the User Submissions to us, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licenseable and transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and Heineken’s (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable licence to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. Further, you acknowledge and agree that any User Submission may be altered, broadcast, posted, published, copied, disclosed, distributed, incorporated or otherwise used by Heineken or its designees anywhere, anytime and for any purpose whatsoever including, without limitation, the development, manufacture or marketing of products using such information throughout the world and in any medium, whether known or unknown, without compensation of any kind to you.
User Submissions – Lawful Use. In connection with User Submissions, you agree that you will not: (i) publish falsehoods or misrepresentations that could damage us or any third party; (ii) submit material that is unlawful, obscene, defamatory, threatening, indecent, seditious, offensive, abusive, pornographic, harassing, hateful, discriminatory, scandalous, inflammatory, blasphemous, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) submit material that could promote the excessive, irresponsible or underage consumption of alcohol; (iv) submit photographs of anyone under the age of 25; (v) submit material 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) or misuse the Website (including without limitation by hacking); (vi) post advertisements or solicitations of business; (vii) impersonate another person; or (viii) violate another person’s right to privacy. Notwithstanding that Heineken or other parties are involved in creating, producing or delivering this Website and may, from time to time, monitor or review transmissions, postings or discussions, Heineken assumes no responsibility for any liability that might arise from the content posted on the Website, including without limitation, claims for defamation, libel, slander, obscenity, pornography, profanity or invasion of privacy.
User Submissions – Opinions. Heineken does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions.
User Submissions – Removal. We may remove User Submissions and/or terminate a user's access for uploading material to the Website at any time, without prior notice and at our sole discretion. We do not permit copyright infringing activities and infringement of intellectual property rights on the Website, and we will remove all content and User Submissions if properly notified that such content or User Submission infringes another's intellectual property rights. We also reserve the right to decide whether content of a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length.
Linking from our Website. Although this Website may be linked to other sites on the internet, Heineken provides such links solely for your convenience, and is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, responsibility or affiliation with the linked site or any content, information or other materials contained therein, unless specifically stated. These links will lead you to sites operated by third parties that operate under different privacy policies and we encourage you to review these privacy policies as we have no control over the information you may submit to those third parties. By entering this Website you acknowledge and agree that Heineken has not reviewed all sites linked to this Website and is not responsible for the content of any off-Website pages. Your linking to or viewing of any off-Website pages or other sites is at your own risk. We disclaim any and all warranties, express or implied, as to the accuracy, legality, reliability, accessibility or validity of any content, information or other materials contained on any other site.
Linking to our Website. You may link to our home page only, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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 from any website that is not owned by you. Our Website must not be framed on any other site. You must obtain our prior written permission to link any off-homepage pages to your website and we reserve the right to refuse permission at our sole discretion. We reserve the right to withdraw linking permission without notice.
Online Surveys, Sweepstakes and Contests. From time to time, we may conduct online surveys, sweepstakes, promotions and/or competitions (“Promotions”). If you wish to participate in a Promotion, you may be asked for certain information about yourself including, without limitation, contact information (such as your name and email address) or demographic information (such as your gender or postcode) (“Information”). We may use this Information for a number of purposes, including, but not limited to, providing you with certain information about our organisation, promotional material, or to contact you when necessary. Any such use shall be in accordance with our Privacy Policy. Each Promotion has its own terms and conditions and you must read and agree to any such rules prior to participating in any Promotion.
Disclaimer. Any use and/or browsing of this Website is performed at your own risk. This Website (including, without limitation, all information, content, materials and functions made available on or through this Website) is provided to you “as is” without further representation or warranty of any kind, either express or implied. To the fullest extent permissible by law with regard to the contents of this Website, Heineken explicitly disclaims and makes no representations or warranties of any kind whatsoever: (a) for the accuracy, merchantability, fitness for a particular purpose, title or non-infringement of any content published on or made available through this Website by any visitor to our site or by anyone who may be informed of any of its contents; or (b) that the server or means that you use to access the server that makes this Website available is free of viruses, bugs or other components that may infect, harm or cause damage to your computer equipment, network connections or any other property when you access, browse, download from or otherwise use this Website.
Limitation of Liability. Under no circumstances, including but not limited to Heineken’s negligence, will Heineken, Heineken’s group companies or any third party involved in creating, producing, hosting or delivering this Website, be liable for: (a) any losses, costs or expenses of any kind (including, without limitation, legal fees, expert fees or other disbursements); or (b) any damages whatsoever, whether direct, indirect, incidental, consequential, special, punitive or of any other kind or nature; whether arising out of or through your access to, the use of or browsing of this Website, or through your downloading of any materials, including, without limitation, anything caused by any viruses, bugs, human action or inaction, failure or malfunction of any computer system, phone line, hardware or software programs, or any other errors, failures or delays in computer transmissions or network connections, or otherwise, even if Heineken has been advised of the possibility of such losses or damages or the same is considered reasonably foreseeable. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. Heineken further assumes no responsibility, and will not be liable for, any loss or corruption of data on account of your access to, use of, or browsing of the Website, or your downloading of any Materials from the Websites. In no event shall Heineken’s total liability to you for all damages, losses and causes of action (whether arising in contract, tort or otherwise) exceed the amount paid by you, if any, for access to the Website.
Indemnification. You agree to indemnify, defend and hold Heineken and each of its agents, directors, employees, information providers, licensors and licensees, officers, parents, subsidiaries and affiliates (collectively “Indemnified Parties”) harmless from and against any and all liability and costs (including, without limitation, legal fees and costs) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use. You will cooperate as fully as reasonably required in Heineken’s defence of any such claim. Heineken reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you. In no event shall you settle any such matter without the express prior written consent of Heineken.
Reporting Intellectual Property. Heineken respects the intellectual property rights of others. It is our policy not to permit materials known by Heineken to infringe another party’s copyright to remain on any portion of the Website. If you believe any materials on any part of the Website infringe a copyright, you should provide Heineken with written notice that at a minimum contains: (a) a physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (c) identification of the material claimed to be infringing or to be the subject of infringing activity that that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Heineken to locate the material; (d) information reasonably sufficient to permit Heineken to contact you, such as an address, telephone number and, if available, an electronic mail address; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
General Provisions. These Terms of Use together with our Privacy Policy and Cookie Policy set forth the entire understanding and agreement between you and Heineken with respect to the Website and your use thereof. You agree that Heineken may transfer its rights and obligations under these Terms of Use to another person without consent. You acknowledge that any other agreements between you and Heineken with respect to the Website, if any, are superseded and of no force or effect. If any provision of these Terms of Use shall be deemed unlawful, void or unenforceable for any reason, then such provision will be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Questions or Comments
If you have any further questions or comments regarding our Terms of Use, Privacy Policy or Cookie Policy, please send us an e-mail with your questions or comments through our “Contact Us/Get in Touch” page. These Terms of Use were last updated in October 2019.
