TERMS OF USE – FIORA BOTANICAL LEMONADES
CONTENTS
SOCIAL RESPONSIBILITY
ACCESSING OUR SITE
INTELLECTUAL PROPERTY RIGHTS
ACCEPTABLE USE
USER GENERATED CONTENT AND MODERATION
UPLOADING MATERIAL TO OUR SITE
CONTENT STANDARDS
CONTENT GUIDELINES FOR FIORA BOTANICAL LEMONADES
RELIANCE ON INFORMATION POSTED
OUR LIABILITY
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE AND EVENTS
MALICIOUS CODE, HACKING AND OTHER OFFENCES
LINKING TO OUR SITE
LINKS FROM OUR SITE
INDEMNITY
ENTIRE AGREEMENT
JURISDICTION AND APPLICABLE LAW
VARIATIONS
TRANSFERRING THIS AGREEMENT
INFORMATION ABOUT US
TERMS OF USE
This page, together with the documents referred to on it, tells you the terms of use on which you may make use of this website and any and all other online or digital platforms, including without limitation mobile and other applications, such as Facebook apps, which we maintain, together referred to as our “Site”.
Please read these terms of use carefully before you start to use our Site. By using our Site, you indicate that you accept these terms of use and agree to follow them. Please exit our Site immediately if you do not accept these terms.
These terms refer to our Privacy Policy and Cookie Policy, which also apply to your use of our Site.
Our Site is intended to share information, inspiration, recipes, product content and brand experiences related to Fiora Botanical Lemonades. The content on this Site is intended for personal, lawful and appropriate use only.
SOCIAL RESPONSIBILITY
At Fiora Botanical Lemonades, we believe in positive, responsible and inclusive communication. Our products are made to be enjoyed as refreshing botanical lemonades, and our marketing should reflect that same feeling: light, tasteful and respectful.
We aim to create content that is suitable for a broad audience and does not encourage irresponsible, unsafe or inappropriate behaviour. Any content shared by us or by users on our platforms should be respectful, accurate where it states facts, and in line with applicable laws and regulations.
ACCESSING OUR SITE
Access to our Site is permitted on a temporary basis. We reserve the right to withdraw, amend, suspend or terminate indefinitely the services we provide on our Site without notice.
We may suspend, terminate or restrict access to the services we provide on our Site if you have breached these terms and/or breached our Content Standards.
We may also suspend, terminate or restrict access with immediate effect if, for example, we need to take steps to defend the Site or its users from fraud, malware, spam, cybersecurity issues or data breaches, or if we are required to do so by law.
We will not be liable if, for any reason, our Site is unavailable at any time or for any period.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property and database rights in our Site and in the materials published on it by us, including but not limited to trademarks, designs, logos, text, images, audio and video materials, product names, recipes, look and feel, software, code, interface and website structure, referred to as “Materials”, are owned by us, our subsidiaries, affiliate companies and/or any of our partners.
The Materials are protected by intellectual property laws and treaties around the world. All such rights are reserved.
You may not remove any copyright or other proprietary notices from any Materials on our Site.
Except as provided in these Terms of Use, the use of this Site does not grant you any rights, title, interest or licence to any Materials you may access on this Site.
You are entitled to use the Materials on the Site for the sole purpose of using and enjoying the Site. You may not use the Materials for any other purpose not connected with your personal use of the Site.
You may print a reasonable number of hard copies and may download extracts of any page or pages from our Site for your lawful, personal and non-commercial use.
You must not use any part of the Materials on our Site for commercial purposes unless expressly permitted by us in writing and/or, where applicable, by the relevant owner.
ACCEPTABLE USE
You may use our Site only for lawful purposes, and we reserve the right, in our sole discretion, to terminate your use of the Site where you are in breach of these terms.
You are not permitted to use the Materials outside of the Site, except that you may use recipes, serving suggestions and product inspiration contained on the Site for your professional and domestic use as you see fit, provided that you do not present our brand, content or intellectual property as your own.
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 minors in any way.
To send, knowingly receive, upload, download, use or reuse any Material which does not comply with our Content Standards below.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation, including 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, referred to as “Malicious Code”.
USER GENERATED CONTENT AND MODERATION
We may from time to time provide interactive services on our Site which may include information and materials uploaded by other users of the Site, including without limitation comments and posts, forums, social content, image upload features, product reviews, recipe functionality, serving suggestions and other interactive brand experiences.
Where we provide any interactive service, we will provide clear information about the kind of service offered and any additional terms that apply which you may need to agree to.
Unless otherwise stated in these terms or any applicable additional terms, we do not, and are under no obligation to, oversee, monitor or moderate any interactive service we provide on our Site, or any content uploaded by users of interactive services on our Site.
The views expressed by other users on our Site do not represent our views or values and are not endorsed by us.
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.
If a Site promotes or markets any Fiora Botanical Lemonades branded products or services, we reserve the right to moderate any user-generated content that is uploaded to such Site to ensure that our Content Standards and/or Content Guidelines are being followed.
We reserve the right to remove any user-generated content that we consider, in our sole discretion, to contravene our Content Standards.
If you wish to complain about content uploaded by other users, please contact us at:
info@fioralemonades.com
UPLOADING MATERIAL TO OUR SITE
Where you submit your own content, images, photographs, recipes, videos, reviews, comments and any other materials, referred to as “Your Content”, to the Site, you hereby give us, our group companies and business partners a non-exclusive licence to display Your Content on the Site, to use Your Content for our own purposes, including promotional purposes, and to allow other users to view, interact with, share and download Your Content.
You acknowledge that, given the nature of the Site, Your Content may be publicly visible and may be shared by third parties. Even if you delete Your Content from the Site, it may still be visible to third parties who have already interacted with or shared Your Content.
You must ensure that you have all relevant permissions, rights and licences to publish Your Content on the Site.
Your Content that you upload to our Site, including interactions with other users, must comply with our Content Standards.
Any material you upload to our Site will be considered non-confidential and non-proprietary, unless otherwise agreed in writing between us.
We have the right to use, copy, distribute and disclose to third parties any such material in whole or in part for any lawful purpose.
We also have the right to disclose your identity to any third party who claims that material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, privacy rights or other legal rights.
You waive any moral rights in respect of any material you upload to our Site.
We will not be responsible or liable to any third party for the content or accuracy of materials posted by you or any other user of our Site.
We have the right to remove any material or posting you make on our Site if, in our sole opinion, such material does not comply with our Content Standards.
CONTENT STANDARDS
Any and all material which you contribute to our Site must comply with the spirit, as well as the letter, of the following content standards and our Content Guidelines where applicable.
These standards apply to each part of any contribution as well as to its whole.
Your contributions must:
Be accurate where they state facts.
Be genuinely held where they state opinions.
Comply with applicable law in the UK, the US and in any country from which they are posted.
Your contributions must not:
Contain any material which is unlawful, obscene, offensive, hateful or inflammatory.
Contain sexually explicit material.
Harm, or attempt to harm, minors in any way.
Promote violence.
Contain any material or engage in activities which are indecent, demeaning, insulting or discriminatory.
Cause offence to others on grounds of gender, race, religion, creed, nationality, culture, disability, sexual orientation or age.
Infringe any copyright, database right, trademark or other proprietary right 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 or immoral activity.
Be threatening, abusive or invade another person’s privacy.
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 it comes from us, if this is not the case.
Advocate, promote or assist any unlawful act, such as copyright infringement or computer misuse.
Disclose any personally identifiable information about yourself or any other party, such as a telephone number, geographic address or any other information from which an individual’s identity or contact information can be derived.
This list only serves to provide examples and is not meant to be exhaustive.
CONTENT GUIDELINES FOR FIORA BOTANICAL LEMONADES
“Content” includes any contribution posted or made available by you on our Site, including but not limited to recipe names, serving suggestions, comments, pictures, videos, reviews and any other materials.
Any and all Content which you contribute to the Site must comply with these Content Guidelines.
Content must adhere to the following:
Anyone whose image or video is featured should have given their express consent.
Content should be respectful, tasteful and suitable for a broad audience.
Content should reflect the refreshing, botanical and premium character of Fiora Botanical Lemonades.
Content should show products, recipes and serving moments in a responsible and honest way.
Content should use accurate product information where possible.
Content should respect the rights, privacy and dignity of others.
Content should not display or condone:
Unsafe, irresponsible or harmful behaviour.
Aggression or unruly, irresponsible or anti-social behaviour.
Illegal activity.
Illicit drugs.
Dangerous situations where drinking, serving or handling glass bottles would be unsafe or unwise.
Offensive, discriminatory, misleading or inappropriate material.
Any suggestion that Fiora Botanical Lemonades has medical, therapeutic or health-related effects, unless such claims are legally approved.
Any suggestion that Fiora Botanical Lemonades is a solution for stress, loneliness, boredom, emotional problems or other personal issues.
Any content that misrepresents our products, packaging, ingredients, recipes or serving suggestions.
Any content that infringes third-party rights, including copyright, trademarks, music rights, image rights or privacy rights.
Product and recipe content:
Please show Fiora Botanical Lemonades in a tasteful, responsible and creative way.
We encourage recipes and serving suggestions that celebrate botanical flavour, freshness, creativity and beautiful serving moments.
We recommend using clear measurements in recipes, such as ml, cl, teaspoons or tablespoons where relevant.
Please avoid misleading ingredient claims or unapproved health claims.
Please avoid showing single-use plastic straws where possible.
This list only serves to provide examples and is not meant to be exhaustive.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed.
We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.
Product information, recipes, serving suggestions and inspiration are provided for general information and inspiration only. While we aim to keep information accurate and up to date, we do not guarantee that all content on the Site is complete, accurate or current at all times.
We may help connect users offering services, such as event services, catering, hospitality services, creative services or recipe development, referred to as “User Services”, with other users seeking to use such User Services.
We do not vet or scrutinise any content offering User Services. You acknowledge that we do not supervise, monitor or moderate users offering User Services, and that we do not offer User Services.
You agree that we are not liable or responsible in any way for User Services and that we do not endorse or recommend any particular User Services.
Nothing in our relationship or these terms shall create any employment, agency, joint venture, partnership or other relationship between you and Fiora Botanical Lemonades.
We accept no responsibility for any liability arising in relation to the offer or receipt of any User Services, and it is your responsibility to enter into contracts with other users as necessary to regulate such User Services.
You confirm that you have all licences, qualifications and experience necessary to offer any User Services advertised or offered by you.
We may help you register for or attend events organised by us, our partners or other members, and connect with other members at such events. You agree that we are not responsible for events organised by third parties, nor are we responsible for the conduct of other attendees at such events.
OUR LIABILITY
The material displayed on our Site is provided “as is” and without any guarantees, conditions or warranties as to its accuracy.
To the extent permitted by law, we and all other members of our group companies and affiliates, referred to as “Our Group”, expressly exclude and disclaim all conditions, representations or warranties of any kind, either express or implied.
This includes 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.
We do not accept liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with User Services, your use of our Site, any websites linked to it or any materials posted on it.
This includes, without limitation, any 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.
Any other loss or damage of any kind, however arising and whether caused by tort, including negligence, breach of contract or otherwise, even if foreseeable.
Because some jurisdictions do not allow the exclusion or limitation of liability or damages, Our Group’s liability in such jurisdictions shall be limited to the fullest extent permitted by law.
Nothing in these terms affects or limits your statutory rights as a consumer.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE AND EVENTS
Your privacy is important to us.
We process information about you in accordance with our Privacy Policy.
MALICIOUS CODE, HACKING AND OTHER OFFENCES
You must not misuse our Site by knowingly introducing any malicious code.
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.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack or Malicious Code that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
Unless otherwise authorised in writing by us, you may not suggest any form of association, approval or endorsement of any website on our part.
You may link to our Site in a fair and legal way, provided that doing so does not damage our reputation or take advantage of it.
If you wish to make any use of Material on our Site other than that set out above, please contact us.
LINKS FROM 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 and accept no responsibility for them or for any loss or damage that may arise from your use of them.
INDEMNITY
You will indemnify Our Group against any loss, damage or cost incurred by us arising out of your use of our Site, any User Services provided by you or accessible to you via the Site, any breach of these terms by you, or your violation of any laws, regulations and rules.
You will also indemnify us against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third-party rights.
This includes, but is not limited to, claims in respect of defamation, invasion of privacy, breach of confidence and infringement of any intellectual property right.
We reserve the right exclusively to defend and control any claims arising from the above, and you will fully cooperate with us in any such defence.
ENTIRE AGREEMENT
These terms of use, including our Privacy Policy and Cookie Policy, constitute the entire agreement between you and us in relation to your use of our Site.
JURISDICTION AND APPLICABLE LAW
In the event that a dispute cannot be resolved between us and any business users by means of our internal complaint-handling process, we may agree to enter into mediation to settle such a dispute.
Unless otherwise agreed by us in writing, the mediator will be nominated by a recognised mediation body.
If you are located in the U.S., these terms are governed and construed in accordance with applicable U.S. law, excluding its conflicts of law rules, unless mandatory local consumer protection laws provide otherwise.
If you are located anywhere except the U.S., these terms are governed by Dutch law, unless mandatory local consumer protection laws provide otherwise.
The Dutch courts will have jurisdiction over any claim arising from, or related to, a visit to our Site, although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country.
VARIATIONS
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, as they are binding on you.
TRANSFERRING THIS AGREEMENT
We may transfer our rights and obligations under these terms to another organisation.
We will tell you in writing if this happens and will ensure that the transfer does not affect your rights under the contract.
INFORMATION ABOUT US
In these Terms of Use and in the connected Cookie Policy and Privacy Policy, “we”, “us” or “our” means Fiora Botanical Lemonades.
If you have any concerns about material which appears on our Site, or if you need to communicate with us, you can send us an email:
info@yourdrinks.com
