This page sets out the terms which apply to your use of www.funkincocktails.co.uk (our Site). Please read these terms carefully. By using our Site, you indicate that you accept these terms and agree to be bound by them. If you do not accept these terms, please do not use our Site.
We recommend that you print a copy of these terms for future reference.
Who are we?
We are Funkin Limited. Our company information is set out below:
Crossley Drive, Magna Park, Milton Keynes, MK17 8FL
Availability of our Site
While we do our best to ensure that our Site is available at all times, we do not guarantee that it will be. We will therefore not be liable to you if our Site is unavailable at any time.
You must be aged 18 or over to use our Site. It is an offence to sell alcohol to anyone under the age of 18 in the UK or for anyone under the age of 18 to purchase it. When ordering and making any payment you will be required to confirm that you are aged 18 or over.
Our Site is directed to people residing in the United Kingdom. We do not represent that content available on or through our Site is appropriate for use or available in other locations.
Terms of Sale
In addition to these terms, if you are an individual and you are buying goods from us wholly or mainly for your personal use (and so not for use in connection with your trade, business, craft or organisation) or buying a subscription to our cocktail boxes, other additional terms will apply for you and these can be found here Subscription & B2B.
If you are buying goods from us for any commercial, business or re-sale purpose, our terms for business consumers will apply for you and these can be found here.
Content on our Site
When we refer to Content in these terms, we mean the audio, video, text, images or other content made available on our Site. This includes content which is owned or controlled by third parties.
We do not guarantee that the Content will always be uninterrupted, up-to-date, secure or free from bugs, viruses, errors and omissions. You should take your own precautions to ensure your computer is protected against bugs and viruses.
Any commentary, opinions or other materials included in the Content are not intended to amount to advice on which you should rely. We will not be liable for anything you do or do not do as a result of viewing, reading or listening to the Content.
The Content is provided for your personal use only. You must not reproduce, modify, copy, distribute or use any of the Content for any other purposes without our permission. You may print-off one copy of any webpage of our Site for your personal use provided that you keep intact and comply with any copyright notice, trade mark notice or restrictions which relate to the Content on any webpage you print-off.
If you have any questions about the Content or wish to use it other than as permitted by these terms, please get in touch via the “Contact Us” section of our Site.
Intellectual property rights
All copyright, trade marks, design rights, database rights and other intellectual property rights (registered and unregistered) which exist in our Site and the Content belong to us or third parties (Our IPRs). We reserve all rights in Our IPRs. Except as set out in these terms, nothing in these terms grants you a right or licence to use any of Our IPRs.
We may sometimes make features available on our Site which enable you to upload/publish audio, video, text, images or other content (Your Content) to our Site.
When you upload/publish your Content, you warrant that you have either: (i) created Your Content; or (ii) obtained permission to upload/publish Your Content from the person who created it. You also warrant that Your Content will:
- Comply with any applicable laws;
- Not contain any material which is defamatory of any person;
- Not contain any material which is obscene, offensive, hateful or inflammatory;
- Not contain any material which is violent or which promotes violence;
- Not contain pornography or sexually explicit material;
- Not discriminate against any section of society;
- Not promote any illegal activity;
- Not infringe the intellectual property rights of any other person;
- Not be likely to deceive any person;
- Not be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- Not threaten, abuse or invade another’s privacy;
- Not put the welfare of children at risk;
- Not bring us into disrepute or cause us to violate any law or regulation;
- Not be likely to harass, intimidate, upset, embarrass, alarm or annoy any other person; and
- Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
You or the owner of Your Content still own the copyright in Your Content but, by submitting Your Content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence (with the right to sublicence) to use, publish, transmit, host, store, transfer, display, perform, reproduce, process, modify for the purpose of formatting for display and distribute Your Content, , or to authorise third-parties to use, publish, transmit, host, store, transfer, display, perform, reproduce, process, modify for the purpose of formatting for display and distribute Your Content in any format,on any platform and through any channels now known or hereafter developed.
You acknowledge that: (i) we have no obligation to pre-screen, monitor, review, or edit Your Content or any content posted by other users; and (ii) will not be in any way responsible or liable for Your Content or any content posted by other users. We do, however, reserve the right to refuse to publish, cut, crop or edit Your Content at our sole discretion. We may also remove Your Content from our Site at any time.
Your use of our Site
- Only use our Site for lawful purposes;
- Not use our Site in any way that breaches any applicable laws;
- Not use our Site in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- Not use our Site to harm or attempt to harm children in any way;
- Not use our Site to send, knowingly receive, upload, download, publish use or re-use any material which does not comply with the standards set out above under Your Content;
- Not use our Site to transmit spam; and
- Not use our Site to promote, advertise or sell any goods or services.
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Site or any services provided via, or in relation to, our Site. This includes using (or permitting, authorising or attempting the use of):
- Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
- Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
These provisions should be treated as an express reservation of our rights in this regard.
Viruses, hacking and similar offences
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.
If you breach this provision, your action may amount to 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.
How do we use your personal information?
Links to our Site
We are happy for you to create a hyperlink from your website to our Site, provided that you comply with the following conditions:
- You must not create a hyperlink in such a way as to damage or take advantage of our reputation;
- You must not create a hyperlink in such a way as to imply any form of association, approval or endorsement from us or our Site;
- You must only create a hyperlink to our homepage and no other webpage;
- You must not create a hyperlink from a website that is not owned by you; and
- Our Site must not be framed on any other website.
Links from our Site
We may sometimes run promotions via our Site (such as prize draws and competitions). When we do this, the promotion will be subject to additional and specific terms and conditions which will be posted on this webpage or otherwise brought to your attention. By entering any promotion, you agree to be bound by the applicable specific terms and conditions.
In addition to the exclusions of liability set out elsewhere in these terms, we will not be liable for the following kinds of loss or damage which may arise from your use of Our Site:
- loss or damage suffered by you or someone else when we comply with these terms;
- loss or damage which is caused by us when we do not comply with these terms but which neither we nor you could anticipate or expect to arise when you started using our Site;
- any loss which is indirect or a side effect of the main loss or damage and which neither we nor you could anticipate or expect to arise when you started using our Site (including loss of revenue, profit, opportunity or reputation);
- any loss or damage which arises if we do not comply with these terms because of events beyond our reasonable control (including act of God, accident, fire, lockout, strike or other official or unofficial labour dispute, civil commotion, rule or order or act of Government).
Nothing in these terms is intended to exclude or limit either our or your liability for: (i) death or personal injury caused by negligence; (ii) for fraud or fraudulent misrepresentation; or (iii) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
Changes to these terms
We may make changes to these terms at any time by amending this webpage. You are expected to check this webpage from time to time to ensure you are aware of any change we have made because, by continuing to use our Site, these changes are binding on you. We will try to give you reasonable notice of any major changes. The last update to these terms was made in [March 2022].
We may transfer our rights and obligations under these terms to another organisation. If you are a consumer, we will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
If you are a consumer, please note that these terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that 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, their subject matter and their 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.
If you have any questions about these terms, our Site or anything else related to our business then please get in touch via the “Contact Us” section of our Site.