TERMS & CONDITIONS
MARCH 23, 2023
- 1. GETTING TO OUR WEBSITE
- 2. RIGHTS TO INTELLECTUAL PROPERTY
- 3. APPROPRIATE APPLICATION
- 4. USER-GENERATED CONTENT AND MANAGEMENT
- 5. MATERIAL UPLOADING TO OUR WEBSITE
- 6. STANDARDS OF CONTENT
- 7. ALCOHOL RESPONSIBILITY CONTENT GUIDELINES
- 8. RELIANCE ON POSTED INFORMATION
- 9. OUR LIABILITY
- 10. DATA ABOUT YOU AND YOUR VISITS TO OUR WEBSITE AND EVENTS
- 11. FRAUDULENT CODE, HACKING, AND OTHER OFFENSES
- 12. HYPERLINKING TO OUR WEBSITE
- 13. HYPERLINKS TO OUR WEBSITE
- 14. INDEMNITY
- 15. COMPLETE AGREEMENT
- 16. JURISDICTION AND APPLICABLE LAW
- 17. DIFFERENCES
- 18. TRANSFER OF THIS AGREEMENT
- 19. INFORMATION ON US
This page (together with the documents linked to it) describes the conditions under which you may use this website and any and all other online or digital platforms (including without limitation mobile and other applications, such as Facebook apps) that we operate (our “Website”). Please read these terms of service carefully before using our Website. This Website is intended for the personal use of those who are legally entitled to acquire and consume alcoholic drinks in countries and territories where the sale, advertising, and use of alcoholic beverages is legal. By using our Website, you acknowledge that you have read and agree to our terms of service. If you do not agree with our terms of service, please leave our Website immediately.
These terms pertain to our Privacy and Cookie Policies, which apply to your use of our Website as well.
you are not of legal drinking age in the country or territory where you are situated, or if you are using our Website in a country or territory where use of our Website is prohibited, please leave our Website immediately. Only individuals of legal drinking age are permitted to see the content.
- 1. GETTING TO OUR WEBSITE
Users situated in countries or other regions where the sale, advertising, and consumption of alcoholic drinks is legal are granted temporary access to our Website. We retain the right, without warning, to remove, change, stop, or discontinue the services offered on our Website indefinitely. If you violate these terms and/or our Content Guidelines, we may suspend, cancel, or restrict your access to the services we provide on our Website. We may also suspend, terminate, or restrict access with immediate effect if we need to defend the Website or its users from fraud, malware, spam, or cybersecurity or data breaches, or if required by law. We shall not be liable if our Website is inaccessible at any time or for any amount of time for any reason.
You must keep your username and any passwords secure and not reveal them to any third party if you are provided a username and account credentials as part of your registration. We will not be responsible or liable, directly or indirectly, for any loss or damage of any kind caused as a consequence of or in connection with a third party’s unauthorized use of your login and password. We reserve the right to disable any user identification code or password, whether selected by you or assigned to you, at any time if you fail to comply with any of the conditions of these terms of service.
- 2. RIGHTS TO INTELLECTUAL PROPERTY
We, our subsidiaries, affiliate companies, and/or any of our partners own all intellectual property and database rights in our Website and the materials published on it, including but not limited to trademarks, designs, logos, text, images, audio and video materials, look and feel, and software (including code, interface, and website structure) (“Materials”). Intellectual property laws and conventions all around the globe safeguard the Materials. All of these rights are retained. You may not delete any copyright or other property notices from our Website and Content.
Except as expressly stated in these Terms and Conditions of Website Use, your use of this Website grants you no rights, title, interest, or license to any Materials you may access through it. You may use the Materials on the Website solely for the purpose of using the Website, and you may not use the Materials for any other purpose unrelated to your enjoyment of the website.
You are not entitled to utilize any of the Materials on our Website for commercial purposes unless specifically permitted by us and/or, where applicable, the relevant Owner.
- 3. APPROPRIATE APPLICATION
You may only use our Website for legal reasons, and we retain the right, in our sole discretion, to cancel your use of the Website if you violate these conditions.
You are not entitled to use the Materials outside of the Website, with the exception of using the recipes on the Website for professional and home purposes as you see suitable. You are not permitted to use our Website in any way that:
• violates any relevant local, national, or international law or regulation; or
• is unlawful or fraudulent, or has any unlawful or fraudulent intent or effect.
• With the intent of injuring or attempting to harm minors in any way, or with the intent of promoting alcohol to minors.
• To send, receive, upload, download, use, or re-use any Material that does not conform with the Content Guidelines outlined below.
• To send or cause to be sent any unsolicited or illegal advertising or promotional material, or any other kind of similar solicitation (spam).
• To intentionally communicate data, send or upload information containing viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to impair the functioning of any computer software or hardware (“Malicious Code”).
- 4. USER-GENERATED CONTENT AND MANAGEMENT
We may offer interactive services on our Website from time to time, which may include information and materials uploaded by other Website users, such as comments and posts, chat rooms and forums, bulletin boards, social content, music mix rooms, image upload features, interactive drinks and recipe functionality, and an interactive club finder. If we do provide an interactive service, we will give you with clear information about the type of service supplied as well as any extra conditions that apply that you must agree to (e.g., Content Guidelines).
We do not, and are under no duty to, oversee, monitor, or moderate any interactive service we provide on our Website, or any content provided by users of the interactive services on our Website, unless otherwise indicated in these terms and conditions or any relevant supplementary terms.
The opinions expressed by other users on our Website do not represent our opinions or beliefs, and we do not support them. We expressly disclaim all liability for any loss or harm resulting from a user’s usage of any interactive service in violation of our Content Guidelines.
If a Website advertises or markets any GOA Vodka-branded products or services, we retain the right to censor any user-generated content submitted to such Website in order to verify that our Content Standards and/or Content Guidelines are followed. We have the right to remove any user-generated content that we believe violates our Content Guidelines (at our sole discretion).
If you have a complaint regarding content published by other users, please email hello@goavodka.com.
- 5. MATERIAL UPLOADING TO OUR WEBSITE
When you submit your own content, images, photographs, recipes, videos, or other materials (“Your Content”) to the Website, you grant us and our group companies and business partners a non-exclusive license to display Your Content on the Website, use Your Content for our own purposes (including our own promotional purposes), and allow other users to view, interact with, share, and download Your Content. You understand that, due to the nature of the Website, Your Content will be publicly viewable and may be shared by third parties, and that even if you delete Your Content from the Website, it may still be visible to third parties who have previously engaged with or shared Your Content. You must have all necessary permissions, rights, and licenses to publish Your Content on the Website.
Any Content (including interactions with other users) that you post to our Website must adhere to our Content Guidelines. Any content you post to our Website will be regarded non-confidential and non-proprietary, and we reserve the right to use, copy, distribute, and disclose to third parties any such material in whole or in part for any reason, unless otherwise agreed in writing between us. We also have the right to reveal your name to any third party who claims that any material you publish or upload to our Website violates their intellectual property rights or their right to privacy. You renounce all moral rights in any material you contribute to our Website.
We shall not be responsible or liable to any third party for the content or accuracy of any items placed on our Website by you or any other user.
We reserve the right to delete any information or posting you make on our Website if we believe it does not comply with our Content Guidelines.
- 6. STANDARDS OF CONTENT
Any and all material you add to our Website must adhere to the spirit as well as the letter of the following content standards and, where applicable, our Content Guidelines. These requirements apply to each component as well as the entire contribution.
• Be truthful in your contributions (where they state facts).
• Be really held (where they state opinions).
• Conform with the laws of the nation from which they are uploaded.
• Include any anything that is illegal, vulgar, rude, hateful, or provocative.
• Contains sexually explicit content.
• Injure or try to injure children in any way.
• Be aimed towards those who are under the legal drinking age.
• Promote, condone, advocate, or glorify underage, excessive, or reckless alcoholic beverage consumption, or drunk driving.
• Encourage violence
• Include or participate in actions that are obscene, humiliating, or disrespectful to others on the basis of gender, race, religion, creed, nationality, culture, handicap, sexual orientation, or age.
• Infringe on any other person’s copyright, database right, trademark, or other proprietary right.
• Have the ability to fool anyone.
• Be created in violation of any legal responsibility owed to a third person, such as a contractual or confidential duty.
• Encourage unlawful or unethical behaviour.
• Threaten, abuse, or breach the privacy of another, or create discomfort, inconvenience, or unnecessary concern.
• Have the potential to bother, disturb, humiliate, frighten, or annoy others.
• Be used to impersonate someone else or to misrepresent your identity or affiliation with someone else.
• Create the idea that they are coming from us, even if this is not the reality.
– Illegaal gedrag, zoals (bijvoorbeeld) schending van auteursrechten of computermisbruik, te bepleiten, aan te moedigen of te helpen.
• Provide any personally identifying information about yourself or any other party (e.g., phone number, geographic location, or any other information that may be used to determine an individual’s identity or contact information).
This list is merely intended to offer samples and is not intended to be exhaustive.
- 7. ALCOHOL RESPONSIBILITY CONTENT GUIDELINES
“Content” refers to any contribution submitted or made accessible by You on our Website, such as cocktail names, recipes, comments, photographs, videos, and other materials. Any and all Material that You submit to the Website must adhere to these Content Guidelines.
The following guidelines must be followed while creating content:
• Anybody whose image or video is included must be and appear to be of the age required by local legislation, and their full agreement must be obtained.
• Do not utilize or depict personalities or celebrities, cartoon characters or pictures, music, or other allusions that principally appeal to individuals under the legal age for drinking alcoholic drinks in the nation or other area in where you are located.
• Activities that reward or encourage excessive or irresponsible alcohol use, including but not limited to underage consumption, drinking games, quick or dangerous drinking, overconsumption, and drunk driving.
• Aggression or disorderly, irresponsible, or anti-social behavior, or the association of alcohol with courageous, tough, or daring persons or behavior.
• Illegal drugs.
• Rewarding oneself with alcohol, or using alcohol to escape from or overcome boredom, loneliness, or other issues.
• The use of alcohol for medicinal or therapeutic purposes.
• Any activities or settings where drinking would be risky or inappropriate, such as sports, violent behaviors (or games), or dangerous environments/situations (e.g., water activities or driving any vehicle).
This list is merely intended to offer samples and is not intended to be exhaustive.
Visit http://www.responsibledrinking.org/ and https://www.responsibledrinking.eu/ or any official local alcohol responsibility website for further information.
- 8. RELIANCE ON POSTED INFORMATION
Commentary and other items on our Website are not meant to be relied on as advice. As a result, we disclaim all liability and responsibility for any reliance placed on such materials by any visitor to our Website or by anyone who may be told of its contents. We may assist in connecting users who provide services (such as bartending, service personnel, and mixology services) (“User Services”) with other users who want to use such User Services. We do not evaluate or examine any content that provides User Services. You agree that we do not oversee, monitor, or moderate users who provide User Services, and that we do not provide User Services. You accept that we are not accountable or responsible for User Services in any manner, and that we do not advocate or suggest any specific User Services. There is no employment, agency, joint venture, partnership, or other relationship between you and GOA Vodka created by our connection or these terms. We assume no liability originating from the offer or receipt of any User Services, and it is your duty to engage into contracts with other users as necessary to govern such User Services.
You affirm that you have the relevant licenses, qualifications, and expertise to provide any User Services advertised or supplied by you.
We may assist you in registering for or attending activities organized by other members, as well as connecting with other members at such events. You acknowledge that we are not liable for such incidents, nor are we liable for the actions of other guests.
- 9. OUR RESPONSIBILITY
To the extent permitted by law, GOA Vodka expressly excludes and disclaims: All conditions, representations, or warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose, and other terms which might otherwise be implied by statute, common law, or the law of equity.
Any liability for any direct, indirect, or consequential loss or damage incurred by any user in connection with our Website or the User Services, or your use of our Website, any websites linked to it, or any materials posted on it, including, without limitation, liability for: loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage.
Because certain jurisdictions do not enable the exclusion or limitation of responsibility or damages, Our liability in such jurisdictions will be restricted to the greatest extent permissible by law.
Nothing in these conditions changes or limits your statutory consumer rights.
- 10. DATA ABOUT YOU AND YOUR VISITS TO OUR WEBSITE AND EVENTS
We value your confidentiality. In compliance with our Privacy Policy, we process information about you.
- 11. FRAUDULENT CODE, HACKING, AND OTHER OFFENSES
You must not intentionally introduce harmful code into our Website. You must not attempt to gain unauthorized access to our Website, the server on which it is hosted, or any server, computer, or database that is linked to our Website. You must not launch a denial-of-service or distributed denial-of-service attack on our Website.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack or Malicious Code infecting your computer equipment, computer programs, data, or other proprietary material as a result of your use of our Website or your downloading of any material posted on it or any website linked to it.
- 12. HYPERLINKING TO OUR WEBSITE
You may not indicate any type of association, approval, or endorsement of any website on our behalf unless otherwise authorized in writing by us. If you desire to make any other use of the Content on our Website than that indicated above, please submit your request to the owners as specified in section 19 of the current Terms and Conditions of Website Use.
- 13. HYPERLINKS TO OUR WEBSITE
If our Website provides connections to third-party websites and resources, these links are provided only for your convenience. We have no control over the contents of other websites or resources, and we accept no liability for them or any loss or harm that may result from your use of them.
- 14. INDEMNITY
You agree to indemnify GOA Vodka for any loss, damage, or expense incurred by us as a result of your use of our Website, any User Services provided by you or accessible via the Website, any breach of these terms and conditions by you, or your violation of any other laws, regulations, or rules. You shall also indemnify us against any claims that the information or content you contributed to us violated any law or violated the rights of a third party (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence and infringement of any intellectual property right). We retain the exclusive right to defend and control any claims resulting from the above, and you agree to fully cooperate with us in any such defenses.
- 15. COMPLETE AGREEMENT
These terms of service, together with our Privacy and Cookie Policies, form the whole agreement between you and us regarding your use of our Website.
- 16. APPLICABLE LAW AND JURISDICTION
If you live in The Netherlands, these terms will be governed and construed in accordance with Dutch law, excluding its conflicts of law rules, and any dispute arising out of or relating to these Terms and Conditions of Website Use or your access or use of this Website will be subject to the exclusive jurisdiction of the courts located within The Netherlands, and you hereby submit to the personal jurisdiction of such courts. If you are not located in the Netherlands, then I these terms are also governed by Dutch law; (ii) the Dutch courts will have exclusive jurisdiction over any claim arising from or related to a visit to our Website, though we reserve the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country; and (iii) these Terms and Conditions of Website Use are governed by Dutch law.
- 17. DIFFERENCES
We reserve the right to change these terms of service at any time by updating this page.
- 18. TRANSFER OF THIS AGREEMENT
We may assign our rights and responsibilities under these conditions to another entity. Whenever this occurs, we will always notify you in writing and ensure that the transfer does not impact your contractual rights.
- 19. CONTACT INFORMATION
“We” or “us” refers to GOA Vodka, registered in Ekkersrijt 4204, 5692 DE, Son, The Netherlands, in the current Terms and Conditions of Website Use and the related Cookie and Privacy Policies. . If you have any questions or issues regarding any of the content on our Website, please contact us at hello@goavodka.com.