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Cockpit Terms of Use

Carlsberg Marston's Brewing Company Limited believes that our beer brands are there to offer consumers refreshment and responsible enjoyment. They should be consumed responsibly by adults and misuse should be avoided. For more information on responsible drinking please visit drinkaware.co.uk for the facts.

   1. Introduction

 

   1.1. CMBC Cockpit (App) is operated by Carlsberg Marston's Brewing Company Limited (we, us, our). We are registered in England and Wales under 00078439 and have our registered office at Marston's House, Brewery Road, Wolverhampton, England, WV1 4JT. From time to time our affiliates may operate or contribute to the App. Our affiliates are any of our subsidiaries or holding companies, and any subsidiary of any such holding company.

   1.2. These terms (Terms of Use) incorporate a number of additional documents as detailed below including our privacy notification , and the cookie notifications and terms of use applicable to our websites https://order.carlsbergmarstons.co.uk  (Online Ordering) and https://www.carlsbergwedelivermore.co.uk (We Deliver More) which are accessible through the App.

   1.3. We licence you to use:

   (a) the App and any updates or supplements to it;

   (b) any information and documentation contained within the App; and

   (c) any service you connect to via the App and the content provided to you through it

   in accordance with these Terms of Use. Use of the App includes accessing, browsing the content of or registering to use it. Please read these Terms of Use carefully before you start to use the App. We recommend that you print a copy of these Terms of Use and the documents referred to within them for future reference.

   1.4. By accessing and using the App you are confirming your acceptance to be bound by these Terms of Use and that you agree to comply with them. They are a legal agreement between you and us that can only be amended with our consent. They should be read in conjunction with the other  applicable terms below, and any details provided on the App about how it operates and the services it offers.

    If you do not agree to these Terms of Use, please stop using the App immediately and delete it from your device(s).

   2. Other applicable terms

   2.1. These Terms of Use refer to and incorporate the following additional terms, which also apply to your use of the App:

   2.1.1. Our privacy notification, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. You warrant that all data provided by you to us is accurate;

   2.1.2. The cookie notifications applicable to our websites Online Ordering (available <ahref="https://order.carlsbergmarstons.co.uk/Terms-and-conditions-public/Cookie-Policy"> here )and We Deliver More (available here), which are accessible through the App. These notifications provide information about the cookies used on these websites. You will see a pop up to this effect on your first visit to these websites. Although it will not usually appear on subsequent visits, you may withdraw your consent to cookies at any time by following the instructions under ‘Disabling Cookies’ in the relevant cookie notification;

   2.1.3. Our acceptable use policy , which sets out the permitted uses and prohibited use of our primary website https://www.carlsbergmarstons.co.uk and which also applies to your use of the App;

   2.1.4. Our On-Trade Terms and Conditions of Sale which will apply to any purchase of products made on our website Online Ordering;

   2.1.5. Our Terms and Conditions for the Supply of POS and Related Materials which will apply to any purchase of point of sale material made on our website We Deliver More.

   2.2. If there is any conflict between the additional terms listed above and these Terms of Use, these Terms of Use take precedence.

   3. Your privacy

   3.1. We believe that protecting personal data is of utmost importance. Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data  and for what purposes, and your rights in relation to your personal data and how to exercise them. This information is provided in our privacy notification , which applies to all users of the App and it is important that you read that information.

   3.2. If you access or use our websites Online Ordering and We Deliver More through the App, any additional information provided in the privacy sections of those websites (available below) will also apply to such access or use:

           
  •    Online Ordering Privacy Policy available here    
  •    We Deliver More Privacy Policy available here

   4. Using the App

   4.1. The App is made available, free of charge, for use by existing trade customers of Carlsberg Marston’s Brewing Company Limited. You will require your Carlsberg Marston’s Brewing Company Limited trade credit account number in order to register for and use the App.

   4.2. Your continuing use of the App is conditional at all times upon you remaining a trade customer of Carlsberg Marston’s Brewing Company Limited. Should you cease trading with us for any reason, your right to use the App will immediately cease and your ability to access the App will be revoked.

   4.3. The App requires an Apple or Android smartphone or tablet running iOS 13 (or later) or Android 5.0 (or later).

   4.4. You must be 18 or older to accept these Terms and Use and to download and use the App.

   4.5. In return for your agreeing to comply with these Terms of Use, you may:

   4.5.1. download a copy of the App to your device(s);

   4.5.2. view, use and display the App on your device(s) for business purposes;

   4.5.3. receive and use any supplementary software, code or update to the App incorporating “patches” and corrections of errors that we may provide or make available to you.

   4.6. We are giving you personally the right to use the App as detailed in these Terms of Use. You may not transfer the App to someone else, whether for money, for anything else, or for free. If you sell, trade or give away any device on which the App in installed, you must remove the App from it first.

   4.7. We do not guarantee that the App, or any content on it, will always be available uninterrupted or error free. We may suspend, withdraw, discontinue or change all or any part of the App or the services it provides without notice. We will not be liable to you if for any reason the App is unavailable at any time or for any period.

   4.8. You are responsible for making all arrangements necessary for you to have access to the App.

   4.9. You also understand that we cannot and do not guarantee or warrant that any content of the App or any service provided through it will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.

   4.10. In the event that any other person has access to your device(s), you are also responsible for ensuring that all persons who access or use the App using your device(s) are aware of these Terms of Use and other  applicable terms and conditions, and that they comply with them.

   4.11. If you download and use the App on any device which is not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms of Use, whether or not you own the device on which you wish to use it.

   4.12. The App is directed to people residing in the UK. We do not represent that content available on or through the App is appropriate or available in other locations. We may limit the availability of the App or any service or product described on the App to any person or geographic area at any time. If you choose to access the App from outside the UK, you do so at your own risk.

   5. External Websites

 

   5.1. The App may contain links to other independent websites which are not provided by us. Such independent sites are not under our control and we are not responsible for and have not checked or approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

 

   6. Registration

 

   6.1. Where you are asked to complete a registration form or provide other information, the details that you provide must be true, accurate and complete. Please inform us promptly of any changes to the information that you provide.

 

   6.2. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and 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 opinion, you have failed to comply with any of the provisions of these Terms of Use.

 

   6.3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at   [email protected] .

   7. Licence Restrictions

 

   7.1. You agree that you will:

 

   7.1.1. not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;

 

   7.1.2. not copy the App, or any documentation or services provided through it, except as part of the normal use of the App or where it is necessary for the purpose of backup or operational security;

 

   7.1.3. not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, or any documents or services provided through it, nor permit the App or any part of it to be combined with, or become  incorporated in, any other programs, except as necessary to use the App on devices as permitted by these Terms of Use;

 

   7.1.4. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the services provided through it, nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to de-compile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective) and provided that the information obtained by you during such activities:

 

   7.1.4.1. is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective;

 

   7.1.4.2. is not used to create any software that is substantially similar in its expression to the App;

 

   7.1.4.3. is kept secure; and

 

   7.1.4.4. is used only for the Permitted Objective;

 

   7.1.5. comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.

 

   8. Acceptable Use Restrictions

 

   8.1. These terms should be read in conjunction with our   acceptable use policy . Should any conflict arise, these Terms of Use take precedence.

 

   8.2. You must:

 

   8.2.1. not use the App or any service provided through it in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful, into the App, any service or any operating system;

 

   8.2.2. not attempt to gain unauthorised access to the App or to data held within the App, or interfere with the proper working order of the App and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt the App or any computer system, server, router or any other internet connected device. Failure to comply with this provision may amount to a criminal offence under the Computer Misuse Act 1990, in respect of which we reserve the right to make a report to the relevant law enforcement authorities and co-operate with those authorities to aid any investigation or prosecution, including (without limitation) by disclosing your identity to them;

 

   8.2.3. not infringe our intellectual property rights or those of any third party in relation to your use of the App or any service provided through it (to the extent that such use is not licensed by these Terms of Use); 

 

   8.2.4. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any service provided through it;

 

   8.2.5. not use the App or any service provided through it in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

 

   8.2.6. not collect or harvest any information or data from any service provided through the App or our systems or attempt to decipher any transmissions to or from the servers running any such service.

 

   8.3. In the event that you breach any of the above provisions, your licence to use the App will cease immediately.

   9. Intellectual property rights

 

   9.1. Unless indicated to the contrary, we are the owner or licensee of all intellectual property rights in the App, and in the material published or made available on or through it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

 

   9.2. We are the owner or licensee of the trade marks appearing on the App and all associated trade names, logos and devices unless indicated to the contrary.

 

   9.3. The rights in the App and the services provided through it are licenced (not sold) to you. You have no intellectual property rights in, or to, the App or any documentation or services provided through it other than the right to use them in accordance with these Terms of Use.

   10. Our Liability

   10.1. We will not be liable to you 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:

   10.1.1. use of, or inability to use, the App; or

   10.1.2. use of or reliance on any content displayed on the App.

   10.2. In no event shall we be liable to you for any:

   10.2.1. loss of profits, sales, businesses, or revenue;

   10.2.2. business interruption;

   10.2.3. loss of anticipated savings;

   10.2.4. loss of business opportunity, goodwill or reputation; or

   10.2.5. any indirect or consequential loss or damage.

   10.3. 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 device, computer equipment, computer  programs, data or other proprietary material due to your use of the App or any service provided through it, or to you copying/downloading any content on it, or visiting or copying/downloading content on any website linked to it.

   10.4. We assume no responsibility for the content of any websites which may be linked on the App which we do not own or control. 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.

   10.5. We do not exclude or limit in any way our liability to you where it would be unlawful to do so including our liability for (a) death or personal injury caused by our negligence or that of our employees acting in the course of their employment; or (b) fraudulent misrepresentation.

   11. Ending your rights to use the App

 

   11.1. We may end your rights to use the App and any service provided through it at any time without notice if:

 

   11.1.1. you cease to be a customer of Carlsberg Marston’s Brewing Company Limited; or

11.1.2. we reasonably consider you have breached these Terms of Use.

 

   11.2. If we end your rights to use the App:

   11.2.1. you must stop all activities authorised by these Terms of Use, including your use of the App and any service provided through it; and

   11.2.2. you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.

   12. Accuracy of information

 

   12.1. We will use reasonable endeavours to ensure that information provided on the App is accurate, but content, commentary, reviews and other materials made available on the App is not intended to amount to advice on which reliance should be placed. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content or information provided on the App.

 

   12.2. We make no representations, or warranties or guarantees, whether express or implied, that any information provided on the App is accurate, complete or up-to-date and, to the fullest extent permitted by law, we accept no liability for any loss or damage caused by any reliance placed on such information by you or anyone to whom you communicate such information. If you find any inaccurate information on the App please contact us using the App feedback function and we will endeavour to correct it, where we agree, as soon as reasonably practicable.

 

   13. Competitions

 

   13.1. Any competition conducted or promoted on the App shall be governed by the terms and conditions specific to such competition.

 

   14. Updates to the App

 

   14.1. From time to time we may update the App and change the services available through it to improve performance, enhance functionality, reflect changes in device operating systems or to address security issues. 

 

   14.2. If you choose not to install updates as and when they are made available, you may not be able to continue using the App and/or some of its services may no longer be available to you.

 

   14.3. Please note that any of the content on the App may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that the App, or any content on it, will be free from errors or omissions.

 

   15. Support

 

   15.1. If you want to learn more about the App or have any problems using it, please contact [email protected]

 

   16. Changes to these Terms of Use

 

   16.1. These Terms of Use were last updated in March 2022.

 

   16.2. We reserve the right change these Terms of Use from time to time to reflect changes in law or best practice, to deal with additional features which we may introduce or for any other reason we consider necessary to ensure the continued operation of the App.

 

   16.3. We will notify you of any change to these Terms of Use when you next open the App following a change to these Terms of Use.

 

   16.4. If you do not accept the notified changes to these Term of Use, you will not be permitted to continue using the App and must delete the App from (all of your) device(s) immediately. If you continue using the App     following notification of a change to these Terms of Use, you will be deemed to have accepted those changes.

 

   17. General

 

   17.1. These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in  accordance with English Law. You and we submit to the exclusive jurisdiction of the English Courts with regard to any such dispute or claim.

 

   17.2. Failure by us to enforce a right does not result in waiver of such right.

 

   17.3. If any part of these Terms of Use is found to be unenforceable as a matter of law, all other parts of these Terms of Use shall be unaffected and shall remain in force.

 

   17.4. These Terms of Use do not give rise to, nor are they intended to create any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

 

   17.5. We may assign, novate or sub-contract our rights and obligations under these Terms of Use or any of them to any person, firm or company. You shall not be entitled to assign or novate your rights and obligations under these Terms of Use or any of them without our the prior written consent.

 

   17.6. If you wish to notify us of any matter in respect of these Terms of Use, such notice should be addressed and delivered to our registered office at Marston’s House, Brewery Road, Wolverhampton WV1 4JT for the attention of the Legal Department. Any such notice will be deemed to have been given only on actual receipt by us.