Plonk Application - Terms of Use

These Terms of Use ("Terms") are effective as at 25 May 2016

Please read this document carefully. By accessing or using the Service (defined in clause 1.1 below), you are agreeing to be bound by these Terms. If you do not agree with these Terms, please do not access or use the Service.

  1. Introduction
    1. The Plonk application is a mobile platform that enables users ("you" and "your") to: (a) access certain information about grape varieties, wine styles and complimentary foods; and (b) share your own preferences with other users and your friends, by rating your favourite grapes, uploading your own images to share in an in-app photo gallery with other users and users of third party social media platforms (the "Service").
    2. The Service is provided by BIBENDUM WINE LIMITED ("we", "us" and "our"), a company incorporated under English law, whose registered office is at 113 Regents Park Road, London, NW1 8UR (email plonk@bibendum-plb.com).
    3. These Terms and our Privacy Policy tell you how we provide and how you may access and use the Service. For information on how we process personal data that we collect from you, please see our Privacy Policy.
    4. To use the Service, you must be at least eighteen (18) years old or older and the legal drinking age or older in your jurisdiciton, have the power to enter into a binding contract and understand that your use of the Service must be strictly for your own non-commercial purpose Please note that if you do not meet these criteria, then you should not access and use the Service.
    5. If you want to use the Service, you must accept these Terms when prompted on your mobile device. This will create a binding legal contract between you and us. By proceeding to access and use the Service, you are expressing your acceptance of the Terms. If you do not agree to the Terms, you should not accept the Terms and you should not access and use the Service.
  2. Disclaimer

    IMPORTANT - PLEASE NOTE:

    1. You are solely responsible for your use of the Service, including your login details (username and password), your profile, any activity through your account and any Content that you upload to, post to or otherwise display or share using the Service ("Your Content"). "Content" includes text, images, photos, links or other content.
    2. With the exception of personally identifiable information as identified in our Privacy Policy, Your Content is deemed to be non-confidential and non-proprietary, and we shall have no obligation, responsibility or liability whatsoever of any kind with respect to Your Content, the use or disclosure of, any subsequent distribution or use or loss of Your Content or any complaints from any person. Your use of the Service is at your own risk.
  3. Changes
    1. We may change, modify, add or remove any portion of these Terms or our Privacy Policy and/or change, terminate, suspend or discontinue the Service, at any time. We will post any changes on the Service and at the same time will send you an e-mail detailing such changes. Changes will be effective on the date that they are posted on the Service, or such later date that may be specified in the changes. Please check the Service from time to time to see if any changes to the Terms have been made. By continuing to use the Service after we notify you, you are expressing your acceptance of the changes. If you do not agree to the changes, you should cease to use the Service. In the event of a dispute arising, the version of the Terms in effect at the time of the dispute shall govern such dispute.
    2. If you do not agree with the changes, modifications, additions or deletion to the Service, you may discontinue using the Service and deactivate your account in accordance with the provisions of clause 8.3.
  4. General
    1. We reserve the right to refuse access to the Service to anyone for any reason, at any time.
    2. If you upload to, post to or otherwise display or share Your Content via the Service, it will be stored on the webserver alongside the website codebase and directly referenced by the application.
    3. We reserve the right to, but are under no obligation to monitor, remove, change and/or block Your Content and/or your account, if we in our sole discretion determine that Your Content and/or your account does not comply with these Terms.
    4. You shall be solely responsible for any data charges incurred through your use of the Service.
  5. Your Use of the Service
    1. You agree:
      1. to keep your account details and password secret and secure at all times, and not to disclose your account details and/or password to any other person;
      2. only to upload, post or otherwise display or share Your Content where you have the right to do so and the right to grant us the rights and licenses in clause 6;
      3. that Your Content is true and accurate;
      4. that you are solely responsible and liable for Your Content;
      5. that you will not change or in any way modify the Service or another website to falsely imply that it is associated with the Service; and
      6. that once Your Content has been uploaded to, posted to or otherwise displayed on or shared via the Service or used in other media, colour may vary in accordance with the settings of the monitor, software, or printer of users of the Service or other media.
    2. You agree that you will not post, upload or otherwise display or share any Content, which:
      1. is discriminatory, offensive, unlawful, threatening, abusive, defamatory, vulgar, obscene, profane, indecent, contains nudity or otherwise objectionable;
      2. infringes upon the rights of others (for example any trade mark or copyright) or otherwise violates anyone's right of privacy or publicity);
      3. encourages conduct or is conduct that would constitute a criminal offence, gives rise to civil liability or otherwise violates any applicable law;
      4. contains any private or confidential information;
      5. contains any information, images or other content relating to any business or company;
      6. features anyone aged under eighteen (18) years old or be likely to appeal to people under the age of eighteen (18);
      7. portrays:
        1. youth culture or links alcohol with social success or sexual attractiveness;
        2. drinking as a challenge;
        3. that alcohol can enhance mental or physical capabilities;
        4. alcohol as capable of changing mood, physical condition or behaviour or as a source of nourishment;
      8. links alcohol with:
        1. situations where drinking it would be unsafe, such as drinking alcohol and driving;
        2. illicit drugs;
        3. activities or locations in which drinking would be unsafe or unwise;
        4. health, fitness or weight-control claims
      9. encourages excessive drinking;
      10. claims or implies that alcohol can enhance confidence, popularity or attractiveness, or that drinking alcohol is important for the success of personal relationships or social events;
      11. implies that alcohol has therapeutic properties;
      12. shows, implies, encourages or refers to aggression or unruly, irresponsible or anti-social behaviour nor links alcohol with brave, tough or daring people or behaviour;
      13. implies that alcohol might be indispensable or take priority in life or that drinking alcohol can overcome boredom, loneliness or other problems;
      14. features alcohol being handled or served irresponsibly.
    3. You agree that you will not:
      1. allow any other person to use or access your account;
      2. transfer, assign, sell or licence your account, your username, or any other rights granted to you in these Terms;
      3. use the Service for any commercial purpose and you will not solicit or collect any other user information;
      4. use the Service for any illegal purpose;
      5. in any way damage, disable or impair the operation of the Service, or attempt to gain unauthorised access to the Service, by hacking, spoofing or such similar means
      6. harass, threaten or impersonate any other users;
      7. create accounts through any unauthorised means;
      8. interfere with or disrupt the Service, including without limitation that you will not transmit or upload any material that contains software viruses, worms, Trojan Horses or any other computer code, file, programs or destructive features designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to the Service;
      9. use the Service to transmit any viruses (or similar malicious code) or any material that is infringing, obscene, defamatory, threatening or unlawful or that may harm us or any third party;
      10. display, circulate, publish, retransmit, redistribute, reproduce, duplicate, copy, sell, resell or otherwise exploit, or provide any kind of access to all or any part of the Service by any means or medium now or hereafter created;
      11. modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service, except that you may upload, post or otherwise display or share Your Content;
      12. include domain names or web urls in your username.
    4. You agree to compensate and defend us fully against any claims or legal proceedings brought against us by any person as a result of your breach of these Terms.
    5. By accepting these Terms you acknowledge and agree to us tracking usage of the application and Service to determine the number of users downloading the application and how they use the Service, including how frequently Content is shared via a "share" button on social media as well as actions and events performed via the Service. We do not track the identity of users downloading the application.
  6. Our right to use Your Content
    1. We do not seek to own Your Content. However, we do require certain rights in order to operate the Service. Therefore, you acknowledge and agree that by using the Service, you grant to us an irrevocable, non-exclusive, royalty free, sub-licensable, transferable worldwide licence and all necessary consents to use, download, make copies of, store and display Your Content, which you upload, post or otherwise display or share via the Service, for the purpose of providing the Service, as determined in our sole discretion.
    2. When you upload Your Content to the Service, we will automatically copy, store and display Your Content to an in-app photo gallery, which is accessible to and can be viewed by all users of the Service. Please note that if you do want other users to access or view Your Content, then you should not access and use the Service.
    3. You warrant that:
      1. you own Your Content or otherwise have the right to use Your Content;
      2. you have the right to grant the rights and licences in these Terms;
      3. you are solely responsible for obtaining all rights, clearances, permissions and releases in relation to the use of Your Content in the Service and for all related fees.
  7. Rights
    1. We retain ownership of the Service, including without limitation: (a) all text, data, software, scripts, graphics, photos, features owned or licensed to us (other than Your Content which you upload to the Service) ("Our Content"); and (b) its associated intellectual property, including without limitation all copyright, patents, logos, trade marks, branding, get up, and databases ("Our IP").
    2. You will not remove, amend or conceal Our IP or any rights or notices when you share any of Our Content as permitted via features of the Service. You do not have the right to use Our IP or Our Content for any other purpose.
    3. We grant you a non-exclusive, limited, revocable, non-sub-licensable, non-transferable right to use the Service's features solely for your own personal, non-commercial purpose, subject to these Terms. All rights not expressly granted to you by us in these Terms are reserved by us.
  8. Termination
    1. We reserve the right to suspend, restrict or terminate your access to the Service and close your account for any reason, at any time without notice and without liability to you.
    2. Suspension, restriction or termination of your access to the Service will not limit our right to take any other legal action against you that may be appropriate.
    3. You may stop using the Service at any time by closing your account. You can close your account by clicking on the "Delete my account" link on your profile page and following the on-screen instructions.
    4. On suspension or termination:
      1. Your Content, your posts, and any other data will no longer be accessible via your account or via the Service. However, where other users have reshared Your Content, such content will continue to appear in the Service;
      2. all rights and licences granted to you in these Terms shall cease immediately.
  9. Our Legal Obligations
    1. Nothing in these Terms excludes or limits our or your liability for death or personal injury caused by our negligence or for fraud or fraudulent misstatement.
    2. You agree that we will not be liable for:
      1. losses, damage, costs or expenses which are not directly caused by our breach of these Terms;
      2. any harm, loss or damage caused by errors, omissions or inaccurate information or Content on the Service or any actions taken by us at your direction;
      3. the actions or omissions of other users of the Service;
      4. any indirect or consequential loss or damage, which means a loss suffered by you which is a side effect of the main loss or damage and where we could not have anticipated that type of loss arising when you agreed to these Terms; or
      5. any harm, loss or damage suffered by you or anyone else if the Service is interrupted, suspended or otherwise not provided to you or if we do not comply with these terms because of events beyond our control (for example, industrial disputes, technical difficulties, failure of or delays in communications networks, acts of terrorism or power failure).
    3. Except for loss or damage which cannot be excluded or limited by applicable law, any loss or damage suffered by you or anyone else that may arise from use of the Service and which is not otherwise excluded under this clause 9 and clauses 2.1 and 2.2, our liability is limited to £100.
  10. Technical Limitations
    1. We do our best to provide a Service you'll enjoy, but the Service is provided without express or implied warranty or condition of any kind, on an "as-is" basis.
    2. You acknowledge and accept that your access to the Service is dependent on connectivity over communications networks and facilities that are outside of our operation and/or control and that your use of the Service may be subject to limitations, delays and other problems inherent in the use of such networks and facilities.  
    3. Taking this into account, we give no warranty that your use of the Service will be uninterrupted or error free. You acknowledge and accept that we are not responsible for any loss or damage of any kind that you may suffer as a result of any interruption or delay to your access to the Service, or as a result of any failure or error in the transfer of data over those networks and facilities in connection with your use of the Service.
  11. Third party services
    1. We do not endorse or take any responsibility for statements, advertisements or any content whatsoever transmitted through the Service, or linked to from the Service by other users or third party service providers.
    2. We use Google Analytics in relation to the Service. This is a web analytics service provided by Google, Inc. Google Analytics set a cookie in order to evaluate use of those services and compile a report for us. We may also use other third party analytics service providers in relation to the Service.
  12. Contacting Us
    1. If you need to contact us, please email us at plonk@bibendum-plb.com or write to us at 113 Regents Park Road, London, NW1 8UR.
  13. Disputes
    1. Any disputes in connection with these Terms will be governed by and interpreted in accordance with the laws of England and Wales. If you choose to bring proceedings in connection with these Terms you must do so in the courts of England and Wales.
  14. Other Important Legal Terms
    1. We can assign, sub-contract and/or otherwise transfer any or all of our rights and/or obligations under these Terms to any company, firm or person. We will only do this if it does not affect your rights under these Terms. Please note that, subject to the provisions of clause 6.1, you may terminate your agreement with us at any time. You may not transfer your rights or obligations under these Terms to anyone else.
    2. If you breach these Terms and we take no action against you, we will still be entitled to enforce our rights and remedies against you in relation to that breach and to use our rights and remedies in any other situation where you breach these Terms.
    3. If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the remainder of the Terms will continue to govern each of our respective obligations.
    4. These Terms are not intended to give rights to anyone except you and us.
    5. Except as otherwise expressly stated, these Terms contain the entire agreement between us and you relating to use of the Service and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us and you relating to use of the Service.