Terms of service
APPLICATION OF TERMS
These Terms apply to your use of the Website. By accessing and using the Website:
a. you agree to these Terms; and
b. where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
If you do not agree to these Terms, you are not authorised to access or use the Website, and you must immediately stop doing so.
CHANGES
We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
We may change, suspend, discontinue, or restrict access to the Website without notice or liability.
These Terms were last updated on [Insert Date].
DEFINITIONS
In these Terms:
including and similar words do not imply any limit
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs
personal information means information relating to an identified or identifiable individual
Terms means these terms and conditions titled Website Terms of Use
Underlying System means any network, system, software, data or material that underlies or is connected to the Website
User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website
We, us or our means AF Drinks US, AF Drinks, FREE AF.
Website means af-drinks.com/en-us
You means you or, if clause 1(b) applies, both you and the other person on whose behalf you are acting
YOUR OBLIGATIONS
You must provide true, current and complete information in your dealings with us (including when/if setting up an account) and must promptly update that information as required so that the information remains true, current and complete.
If you are given a User ID, you must keep it secure and:
a. not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
b. immediately notify us if you become aware of any disclosure or unauthorised use of your User ID by emailing hello@af-drinks.com
You must:
a. not act in a way, or introduce anything (including any virus, spyware, timebomb, bot, scraper, or automation tool) that compromises or may compromise the Website or any Underlying System; and
b. unless we agree otherwise, access the Website via standard web browsers only and not by automated or scraping methods.
You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to hello@af-drinks.com
You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any access using your User ID.
INTELLECTUAL PROPERTY
We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, text, graphics, artwork, photographs, logos, icons, media and look and feel) and the Underlying Systems.
DISCLAIMERS
To the extent permitted by U.S. law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
a. the Website being unavailable (in whole or in part) or performing slowly;
b. any error or omission in any information made available through the Website;
c. viruses, malware, interception or interference that may occur when accessing the Website; and
d. any third-party site linked from the Website. Links do not imply endorsement, approval, responsibility, or affiliation.
We make no representation that the Website or its content is appropriate or available for use outside the United States. You are responsible for compliance with local laws.
LIABILITY
To the maximum extent permitted by law:
a. you access and use the Website at your own risk; and
b. we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access or inability to access the Website.
Nothing in these Terms excludes liability that cannot legally be excluded under applicable U.S. consumer protection laws. To the extent our liability cannot be excluded but can be limited, our liability is limited to USD $100.
PRIVACY POLICY
You are not required to provide personal information to us, although in some cases, if you choose not to, certain Website features may not be available to you.
When you provide personal information to us, we will comply with applicable U.S. privacy laws, including state-based data protection requirements where relevant.
Personal information you provide may be used for:
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communicating with you
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account management
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marketing of products and services
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statistical analysis
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product and service development
We may also collect technical usage information through cookies or tracking technologies. You may disable cookies, however this may limit Website functionality.
We generally do not disclose personal information to third parties except:
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service providers assisting Website operation or performance
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in relation to a proposed business sale or acquisition
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where required by law, regulation, subpoena, or law enforcement request
Your information may be stored on secure servers located inside or outside the United States.
You may request access to or correction of the personal information we hold by emailing hello@af-drinks.com
SUSPENSION AND TERMINATION
If we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately suspend or terminate your access to the Website without notice.
On suspension or termination, you must stop using the Website and must not attempt further access.
GENERAL
If we need to contact you, we may do so by email or posting a notice on the Website. You agree that this satisfies legal requirements for written communication.
These Terms, and any dispute relating to them or the Website, are governed by the laws of the State of Florida, United States. Each party submits to the jurisdiction of the courts of Florida.
A waiver must be in writing.
If any part of these Terms is found invalid or unenforceable, the remainder continues in force.
These Terms constitute the entire agreement regarding Website use and supersede prior discussions or communications.