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Online terms of Use

1. INTRODUCTION

1. HEINEKEN International B.V (“Heineken”, “we” or “us”) has created a digital worldwide platform called Driven by Draught (“Platform”).
2. The Platform is intended to provide customers (“Customers”) with an overview of various draught beer related products (“Product”).
3. Based on the Customer’s selection of the country in which the Customer wishes to place their order, the Platform will re-direct the Customer to the applicable website.
4. The Platform itself does not facilitate pricing, the ordering of or purchasing of any Products.
5. These terms of use (the “Terms”) constitute a binding legal agreement between us and you and governs your use of the Platform at all times.
6. By logging onto the Platform, you accept and acknowledge that you have read and accepted these Terms.

2. ACCESS TO THE PLATFORM

2.1 When you access the Platform, you will be asked to provide the following information:
(i) which country you are accessing the Platform from; and
(II)if you are of the legal drinking age.
2.2 If you are not of the legal drinking age, you will not be granted access to the Platform.

3. DATA COLLECTED

3.1 Through the Platform, we collect the following data:
(i) which country you are accessing the platform from;
(ii) if you are of the legal drinking age;
(iii) your company name; and
(iv) email address,
collectively referred to as the “Data”.
3.2 Please consult our Privacy Policy as well as our Cookie Policy for a full explanation on how the Data is stored and processed.

The Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by us and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

4. INTELLECTUAL PROPERTY

The Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by us and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

5. INDEMNIFICATION

You agree to indemnify, defend and hold us and each of our 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. You will cooperate as fully as reasonably required in our defence of any such claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you. Under no circumstances will you settle any such matter without our express prior written consent.

6. LIMITATION OF LIABILITY

6.1 We provide no guarantee or make no representation:
(i) about the availability, accuracy or completeness of the content contained on the Platform;
(ii) that the content or technology is free from errors or omissions; and
(iii) we cannot guarantee that service(s) will at all times be uninterrupted, faultless and/or without interruptions.
6.2 We shall not be liable for any damages that may result from the use of the Platform, including, but not limited to, damages resulting from the failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
6.3 The Platform contains links to third-party websites. We cannot vouch for the content and operation of these websites. You are advised to read the terms and conditions of those websites.

7. TERMINATION

We reserve the right to, within our sole discretion, to modify or suspend your access to the Platform with immediate effect where, for example, suspicious or unlawful conduct has occurred, including fraud, or if we reasonably believe you to have violated our Terms or created harm, risk, or possible legal exposure for us, our users, or others.

8. CHANGES TO THESE TERMS

8.1 We may amend these Terms from time to time without further notice to you. It is therefore your responsibility to ensure that you are familiar with the Terms in place at the time.
8.2 Each of the articles in these Terms is valid individually. If a court or competent authority rules that one (or part thereof) and/or more articles are invalid or unenforceable, the remaining articles will remain fully in force.

9 GOVERNING LAW AND JURISDICTION

These Terms are to be governed, interpreted and implemented in accordance with the laws of the Netherlands.

10. CONTACT

Please contact contact@drivenbydraught.com in case you have any questions concerning anything on the Platform.