TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY. By accessing the HelloBeer Pub Manager Platform, you agree to be bound by these Terms (as pub manager and representative of our customer). If you do not agree with these Terms, you should not access the HelloBeer Pub Manager Platform (“Platform”).

1. WHO WE ARE

Heineken UK Limited (Company number SC065527), a brewing company having its registered office at 3-4 Broadway Park, South Gyle Broadway, Edinburgh EH12 9JZ ("Heineken UK") owns the Platform.

Hello Forward Ltd (Company Number 10297220), with a registered office at Primrose Hill Business Centre, 110 Gloucester Avenue, NW1 8HX ("Hello Forward") hosts, supports and maintains the Platform on behalf of Heineken UK.

In these Terms of Use, “us”, “we” and “our” refer to Heineken UK and references to “you” and “your” is to you, the pub manager accessing the Platform on behalf of your company.

2. WHAT DOES THE PLATFORM DO

Heineken UK owns an application directed at individuals working in the pub and bar industry, for their use as part of their work, trade or business, to complete an introductory course to learn about beers and ciders and the perfect pour. Learners of the application, you can: (a) create a user profile and start a course to learn about serving beer and cider in a pub and/or and bar environment; and (b) by completing a course and passing the course related test, get a certificate showing they have completed the course.

Heineken UK engaged Hello Forward to develop a platform so that our customers can view how learners are performing, grant access to learners and, if applicable, manage the payment of fees. For clarity, in no circumstances can you have more than 20 learners using the application at any time under one licence (e.g. additional licence(s) will be required for each further 20 learners).

Each licence is valid for twelve calendar months.

3. NO USE BY UNDER-AGED PERSONS

This Platform is intended only for residents in the UK of at least 18 years of age. You warrant, represent and undertake not to permit any individual younger than 18 and/or not resident in the UK to access this Platform, and indemnify us for any loss suffered in the event that you fail to comply and undertake necessary age verification checks.

4. ACCESS

Access to this Platform is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on this Platform without notice. From time to time, we may restrict access to some parts of this Platform. We will not be liable if, for any reason, this Platform is unavailable at any time or for any period. You shall not interfere or attempt to interfere with the operation of this Platform or the use thereof by other users, in any way through any means or device, including, but not limited to uploading computer viruses, logic/time bombs, Trojan horses, spamming, hacking, or any other means expressly prohibited by any provision of these Terms of Use.

Access has been granted to you as a representative of your company. You warrant and represent that you have authority to bind your company and enter into and adhere to these terms. You further commit to keeping your log-in details secure and to take steps to prevent unauthorised use and/or access.

5. PAYMENT

Unless Heineken UK has agreed to make access to the Platform, and for up to 20 of your employees to use the Application per licence, free of charge, there is an annual licence fee of £40 (excluding VAT) payable on an annual basis for each licence (e.g. there would be a fee of £80 (excluding VAT) for two licences covering a cumulative total of up to 40 employees). Such fee will be collected by Hello Forward on behalf of Heineken UK before you can access the Platform. In the event that you fail to make payment, Heineken UK will be entitled to suspend access and terminate these Terms and any licences granted to learners pursuant to the Platform (e.g. no further employees of your company will be permitted to access the courses in the application in that case (although the learners may still access certificates for previously completed courses)).

6. DISCLAIMER

Any use and/or browsing of this Platform is performed at your own risk. This Platform (including, without limitation, all information, content, materials and functions made available on or through this Platform) is provided to you “as is” without further representation or warranty of any kind, either express or implied. To the fullest extent permissible by law with regard to the contents of this Platform, Heineken UK explicitly disclaims and makes no representations or warranties of any kind whatsoever: (a) for the accuracy, merchantability, fitness for a particular purpose, title or non-infringement of any content published on or made available through this Platform by any visitor to our site or by anyone who may be informed of any of its contents; or (b) that the server or means that you use to access the server that makes this Platform available is free of viruses, bugs or other components that may infect, harm or cause damage to your computer equipment, network connections or any other property when you access, browse, download from or otherwise use this Platform.

Although the materials and information on this Platform are based on up-to-date information, and while Heineken UK makes all reasonable efforts to ensure that all content, information and Materials on this Platform are correct, accuracy cannot be guaranteed and Heineken UK makes no warranties or representations of any kind as to its accuracy. If the need arises to update this Platform, we may suspend access to this Platform, or close it indefinitely.

7. COLLECTION OF PERSONAL DATA

Personal data that you provide and/or we collect when you use this Platform shall be processed in accordance with our Privacy Policy and in accordance with the data protection laws which includes without limitation, the Data Protection Act 2018 and the EU General Data Protection Regulation 2016/679. You warrant that any mandatory information which we ask you to provide pertaining to your use of this Platform, shall be complete, up to date and accurate, and you shall notify us of any changes to these details where such information is mandatory.

8. CONFIDENTIALITY

By using this Platform, you acknowledge and agree that any information, material or communication of any kind that you transmit, send or post to this Platform, in any manner and for any reason (“Submission”), will not be treated as confidential. You acknowledge and agree that Heineken UK has no obligation to use any idea or other material contained in any Submission, and that you have no right to compel any such use. You acknowledge and agree that, as transmissions over the internet are never completely private or secure, any Submission you send to this Platform may be read or otherwise intercepted by a third party. Heineken UK does not assume and shall not have any special responsibility to you by virtue of your sending any Submission to Heineken UK. Heineken UK does not accept or consider any creative ideas, concepts, suggestions or other materials from the public, and therefore you should not make any such submission to Heineken UK in any Submission either through this Platform or otherwise.

9. INTELLECTUAL PROPERTY

This Platform contains material which may include but not be limited to audio, graphics, sound and video recordings, charts, text, databases, information, images, copyright, registered designs, logos, trademarks and/or service marks (“Materials”) which are owned by or licensed to Heineken UK and protected by international copyright, trade mark and other intellectual property laws. By using this Platform, you acknowledge and agree that any Materials on this Platform, are owned or licensed by Heineken UK. You shall not be permitted to reproduce, modify, reverse engineer, distribute, exploit, decompile, create derivative works of (or based on) these Materials, or do any other act which is otherwise than for your own personal use in the UK or in respect of which Heineken UK has provided its express prior written consent. Heineken UK will enforce its intellectual property rights to the fullest extent of the law. Any unauthorised use of these Materials may subject you to penalties or liability for damages including, without limitation, those related to violation of trademarks, copyrights, privacy and passing off.

10. REPORTING INTELLECTUAL PROPERTY

Heineken UK respects the intellectual property rights of others. It is our policy not to permit materials known by Heineken UK to infringe another party’s copyright to remain on any portion of this Platform. If you believe any materials on any part of this Platform infringe a copyright, you should provide Heineken UK with written notice that at a minimum contains: (a) a physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (c) identification of the material claimed to be infringing or to be the subject of infringing activity that that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Heineken UK to locate the material; (d) information reasonably sufficient to permit Heineken UK to contact you, such as an address, telephone number and, if available, an electronic mail address; and (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.

11. LINKING FROM THIS PLATFORM

Although this Platform may be linked to other sites on the internet, Heineken UK provides such links solely for your convenience, and is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, responsibility or affiliation with the linked site or any content, information or other materials contained therein, unless specifically stated. These links will lead you to sites operated by third parties that operate under different privacy policies and we encourage you to review these privacy policies as we have no control over the information you may submit to those third parties. By entering this Platform you acknowledge and agree that Heineken UK has not reviewed all sites linked to this Platform and is not responsible for the content of any other pages. Your linking to or viewing of any other pages or other sites is at your own risk. We disclaim any and all warranties, express or implied, as to the accuracy, legality, reliability, accessibility or validity of any content, information or other materials contained on any other site.

12. THIRD PARTY ADVERTISEMENTS

This Platform may use third parties, such as ad server companies, to present or serve advertisements that you may see on this Platform. This Platform may also include advertisements placed by third parties. In the event that you access third party websites through such advertisements, our Privacy Policy does not cover any information collected by those third parties, nor does it cover how they may use such information.

13. LIMITATION OF LIABILITY

Under no circumstances, will Hello Forward, Heineken UK or Heineken UK’s group companies be liable for: (a) any losses, costs or expenses of any kind (including, without limitation, legal fees, expert fees or other disbursements); or (b) any damages whatsoever, whether direct, indirect, incidental, consequential, special, punitive or of any other kind or nature; whether arising out of or through your access to, the use of or browsing of this Platform, or through your downloading of any materials, including, without limitation, anything caused by any viruses, bugs, human action or inaction, failure or malfunction of any computer system, phone line, hardware or software programs, or any other errors, failures or delays in computer transmissions or network connections, or otherwise, even if Heineken UK has been advised of the possibility of such losses or damages or the same is considered reasonably foreseeable. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. Heineken UK further assumes no responsibility, and will not be liable for, any loss or corruption of data on account of your access to, use of, or browsing of this Platform, or your downloading of any Materials from this Platforms. In no event shall Heineken UK’s total liability to you for all damages, losses and causes of action (whether arising in contract, tort or otherwise) exceed the amount paid by you, if any, for access to this Platform.

14. INDEMNIFICATION

You agree to indemnify, defend and hold Heineken UK and each of its 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 of Use. You will cooperate as fully as reasonably required in Heineken UK’s defence of any such claim. Heineken UK reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you. In no event shall you settle any such matter without the express prior written consent of Heineken UK.

15. GENERAL PROVISIONS

These Terms of Use together with our Privacy Policy and Cookie Policy set forth the entire understanding and agreement between you, your company and Heineken UK with respect to this Platform and the use thereof. You agree that Heineken UK may transfer its rights and obligations under these Terms of Use to another person without consent. You acknowledge that any other agreements between you and Heineken UK with respect to this Platform, if any, are superseded and of no force or effect. If any provision of these Terms of Use shall be deemed unlawful, void or unenforceable for any reason, then such provision will be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

16. LOCATION AND JURISDICTION

This Platform is controlled by Heineken UK for use in the UK. Heineken UK makes no representation that materials in this Platform is appropriate or available for use in other locations. Those who choose to access this Platform from other locations do so on their own initiative and are responsible for compliance with local laws if, and to the extent that local laws are applicable. These Terms of Use and anything in this Platform shall be governed by the laws of England and Wales.