Terms of Use

Thank you for your interest in Fruitshoot.

This site is provided to you by Britvic Soft Drinks Limited of Breakspear Park, Breakspear Way, Hemel Hempstead, Herts, HP2 4TZ. (“Britvic” or “we” or “our”)

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

TERMS OF SITE USE

This terms of use (together with the documents referred to in it) tell you the terms of use on which you may make use of our website www.fruistshoot.com and our Fruit Shoot mobile application (our “Site”), whether as a guest or a registered user. Use of our Site includes accessing, browsing, or registering to use our Site.

By using our Site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our Site.

OTHER APPLICABLE TERMS

These terms of use refer to the following additional terms, which also apply to your use of our Site:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us as well. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Cookie Policy, which sets out information as to the types of cookies that we use on our Site.

CHANGES TO THESE TERMS

These terms govern the provision and use of the Site and will form a legally binding contract between Britvic and you so please do take the time to read these terms and make sure you understand them.

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

CHANGES TO OUR SITE

We may update our Site from time to time, and may change the content or technology at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our Site, or any content on it, will be free from errors or omissions.

USING THE FRUIT SHOOT MOBILE APPLICATION

Depending on the version of the Fruit Shoot mobile application (the “App”) you have downloaded, your use of the App shall also be governed by Apple’s or Google Android’s Terms and Conditions and Privacy Policies (“Platform Terms”).  If there is any conflict between these terms and the Platform Terms then these Terms will control.

If you are under 13, you should seek the consent of your parent or guardian to use the App.

We grant you a non-exclusive, non-transferable, revocable licence to use the App for your personal, non-commercial use and only on an Apple or Android device (“Device”) as permitted by the applicable Platform Terms and these terms.

All other rights in the App are reserved by Britvic and its licensors. You are responsible for ensuring that all persons accessing using our App on your Device are aware of these Terms.

You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will also apply to your use of the App. You also acknowledge that you may be charged by the Mobile Provider for data services or any other third party charges as may arise while using certain features of the App and you accept responsibility for such charges. If you are not the bill payer for the Device being used to access the App, then you must seek permission from the bill payer and we will assume that you have received permission to use the App from the bill payer.

ACCESSING OUR WEBSITE

Our Fruit Shoot website at www.fruitshoot.com (the “Website”) is made available free of charge.

We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you 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 are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

AVAILAIBILITY & USE OF THE SITE

You acknowledge that we cannot guarantee that the Site will:

(a)        stay the same as we might change the Site or remove it altogether;

(b)        be compatible with all or any hardware or software which you may use;

(c)        be available all the time or at any specific time;

(d)        be accurate and up to date; or

(e)        be error-free or free of viruses, electronic bugs, Trojan horses or other harmful components and you must take your own precautions accordingly.

You also acknowledge that:

(a)        we cannot guarantee the performance or security of our Website or App; and

(b)        we will not be responsible for any damage or loss you may suffer directly or indirectly as a result of any virus attack that can be traced to our Website or App to the fullest extent permissible by law.

You must not:

(a)        interfere with, or disrupt, the Site or any servers or networks connected to the Site, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any page of the Site is rendered or displayed in a user’s browser or device;

(b)        access the Site via a means not authorised in writing in advance by Britvic, including but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies);

(c)        attempt to restrict another user of the Site from using or enjoying the Site and you must not encourage or facilitate the breach of these terms of Use by others;

(d)        use the Site for any illegal or unauthorised purpose; or

(e)        change, modify, adapt or alter the Site or change, modify or alter another website so as to inaccurately imply an association with the Site or with Britvic.

YOUR PRIVACY & COOKIES

The privacy of your personal data is important to us. Please see our Privacy Policy and Cookie Policy for details of how we will process your personal data and how we use cookies and similar technologies.

YOUR ACCOUNT AND PASSWORD

If you choose, or you are provided with, a user identification, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.

INTELLECTUAL PROPERTY RIGHTS IN OUR WEBSITE AND APP

We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright, trade marks, patents and other intellectual property rights and laws.  All such rights are reserved.

You may print off and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others to content posted on our Site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

IF YOU BREACH THESE TERMS

If you are in breach of, or we suspect you are in breach of, these Terms then we may take any/all of the following actions:-

(a)        issue a warning to you;

(c)        take legal action against you; and/or

(d)        disclose such information to law enforcement authorities as we reasonably feel is necessary.

The responses described above are not limited and we may take any action we reasonably deem appropriate.

NO RELIANCE ON INFORMATION

The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.

LIMITATION OF OUR LIABILITY

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

•use of, or inability to use, our Site; or

•use of or reliance on any content displayed on our Site.

Please note that in particular, we will not be liable for:

•loss of profits, sales, business, or revenue;

•business interruption;

•loss of anticipated savings;

•loss of business opportunity, goodwill or reputation; or

•any indirect or consequential loss or damage.

We only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

UPLOADING CONTENT TO OUR SITE

Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in this policy.

You warrant that any such contribution does comply with our standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site a licence to use, store and copy that content and to distribute and make it available to third parties. The rights you licence to us are described in the next paragraph (Rights you licence).

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Site.

We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the Content Standards or our Acceptable Use requirements.

The views expressed by other users on our Site do not represent our views or values.

RIGHTS YOU LICENCE

When you upload or post content to our Site, you grant a perpetual royalty free licence for Britvic to use any of the content that you post both on this Site and in any other advertising or for any other purpose that Britvic wishes to use it for.

VIRUSES

You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

LINKING TO OUR SITE

You may link to our page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

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.

Our Site must not be framed on any other Site.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use section.

If you wish to make any use of content on our Site other than that set out above, please contact us.

THIRD PARTY LINKS AND RESOURCES IN OUR SITE

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

ACCEPTABLE USE

You may use our Site only for lawful purposes. You may not use our Site:

• In any way that breaches any applicable local, national or international law or regulation.

• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

• For the purpose of harming or attempting to harm children in any way.

• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.

• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

INTERACTIVE SERVICES

We may from time to time provide interactive services.

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

CONTENT STANDARDS

These content standards apply to any and all material which you contribute to our Site (contributions), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

•Be accurate (where they state facts).

•Be genuinely held (where they state opinions).

•Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

•Contain any material which is defamatory of any person.

•Contain any material which is obscene, offensive, hateful or inflammatory.

•Promote sexually explicit material.

•Promote violence.

•Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

•Infringe any copyright, database right or trade mark of any other person.

•Be likely to deceive any person.

•Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

•Promote any illegal activity.

•Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

•Be likely to harass, upset, embarrass, alarm or annoy any other person.

•Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

•Give the impression that they emanate from us, if this is not the case.

•Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

APPLICABLE LAW

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

TRADE MARKS

Fruitshoot is a registered trade mark of Robinsons Soft Drinks Ltd and Britvic is a registered trade mark of Britvic Soft Drinks Limited.

QUESTIONS OR COMPLAINTS?

If you have any queries at all regarding the Brolly Service, the items featured on the Brolly Service or any of the Terms, please contact us by:

(a)        contacting us via this form http://britvic.custhelp.com/app/ask

(b)        calling us on 0800 0321767; or

(c)        writing to us at Britvic Soft Drinks Limited of Breakspear Park, Breakspear Way, Hemel Hempstead, Herts, HP2 4TZ, marking your letter for the attention of the Consumer Engagement Team.

Thank you for visiting our Site.