IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS OF USE (“Terms and Conditions”) BEFORE USING THIS SITE
By using this Site, you understand and agree to be bound by these Terms and Conditions and recognize that you may be waiving certain rights. In particular, these Terms and Conditions contain an arbitration agreement, which limits your rights to bring an action in court and have disputes decided by a judge or jury, and provisions that limit our liability to you. Your continued use of this Site is subject to your continued compliance with these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you may not use this Site.
This “Site” (as defined below) is owned and operated by Cool Hog Limited, their affiliates, agents, employees, etc acting on behalf of (“Cool Hog”, “us”, “our” or “we”). This is a contract between you (and, if you are agreeing to these terms and conditions on behalf of another entity, that entity) and the Cool Hog entity who owns the digital property that you are using. These Terms & Conditions of Use (the “Terms & Conditions”) set forth the legal terms and conditions governing Sites and online advertisements. “Site(s)” means Cool Hog websites, social media pages that we control, promotional sites, widgets and mobile sites, our rewards programs, blogs, interactive applications, email and text messages that we send to you, and other digital/online properties on which these terms are posted or referenced (unless a different or additional policy is provided on a particular site, application or service, in which case such different policy shall govern and control).
⦁ THE ALCOHOL ON THE SITE IS INTENDED FOR LEGAL DRINKING AGE AND PRODUCTS CONTAIN PORK, NUTS AND OTHER INGREDIENTS.
⦁ You acknowledge and agree that you are of legal drinking age in the jurisdiction of the UK to purchase alcoholic beverages. If you are under the legal drinking age, you are not permitted to purchase any alcohol beverage product from the Site or participate in any of our promotions/offers on this Site relating to the alcoholic beverages.
⦁ You acknowledge that products on this Site may contain pork, gelatine, nuts or other ingredients that may instigate dietary allergies or you may not be able to consume due to religious reasons. Cool Hog shall make full disclosure of the ingredients used for its products and such products may only be consumed at the consumer’s own risk.
⦁ APPLICABLE LAW; AVAILABILITY OF PRODUCTS AND SERVICES
⦁ Cool Hog’s products and services are available throughout the UK.
⦁ Cool Hog Site is governed by the laws applicable in the UK.
⦁ UPDATES TO TERMS; RIGHT TO UPDATE OR TERMINATE ACCESS
Your use of the Site and continued use of the Sites following any changes to the Terms and Conditions, signifies that you agree with the terms and conditions of the Terms and Conditions. If you do not agree to the Terms and Conditions, please do not use the Site. We may update the Terms and Conditions from time to time by posting additions or modifications to this page, so we encourage you to periodically review the Terms and Conditions. To help you stay current of any changes, we take the following two steps: (i) we note the date the Terms and Conditions was last updated above; (ii) when we make a material change to the Terms and Conditions, we post conspicuous announcement of such changes on the homepage of the Site or we send an email to all users for whom Cool Hog has contact information. Your use of any Site following the posting of any revised Terms and Conditions shall be deemed acceptance of the revised policy, so we strongly recommend that you review the Terms and Conditions periodically.
⦁ LICENSE TO USE THE SITE
⦁ Cool Hog grants you a non-exclusive, non-transferable, revocable, limited right and license to access, use and privately display this Site and the Content for your personal, non-commercial use only, provided that you comply fully with these Terms and Conditions.
⦁ You may not use the Site or Content other than as expressly permitted by Section 4(A) above. Without limitation, you will not, directly or indirectly: (a) copy, reproduce, modify, distribute, display, create derivative works of or transmit any Content; (b) use the Site or Content for any commercial purpose; (c) reverse engineer, decompile, tamper with or disassemble the technology used to provide the Site (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law); (d) interfere with or damage the Site or any underlying technology; (e) impersonate or misrepresent your identity or affiliation; (f) attempt to obtain unauthorized access to the Site; (g) collect information about users of the Site or the Site itself; (h) violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms; (i) violate any law, rule, or regulation, or (j) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Site.
⦁ You agree to report any violation of these Terms and Conditions by others of which you become aware.
⦁ Any violation of these Terms may result in restrictions on your access to all or part of a Site and may be referred to law enforcement authorities. No changes to or waiver of any part of these Terms shall be of any force or effect unless formally posted or made in writing and signed by a duly authorized officer of Cool Hog.
⦁ USER GENERATED CONTENT; ACCEPTABLE CONTENT
⦁ The Site may allow you to send ideas, concepts, comments, graphics, photographs, questions, complaints, materials, or other information (each a “User Content”) posted or communicated to Cool Hog. By submitting User Content to us, you grant us, and represent and warrant that any applicable third party with rights in the User Content grants us, a perpetual, irrevocable, worldwide, royalty free, non-exclusive, transferable license to use, reproduce, distribute, sublicense, modify, translate, prepare derivative works of, publicly display, broadcast, publish, and perform this User Content in any manner or medium known now or later devised, including but not limited to commercial use, without any consent/approval, notice and attribution, or compensation to you or any third party. You hereby irrevocably waive, and agree not to assert, any claims based on “moral rights” or similar theories.
⦁ Any material or communication transmitted by you to a Site will not be treated as confidential.
⦁ You may not post or transmit to a Site any submission containing the image or likeness of anyone who is or appears to be under the legal drinking age or from whom permission has not been granted.
⦁ You represent and warrant that you have permission to transmit any material or communication transmitted by you to this Site, and that the material does not infringe the intellectual property or privacy rights of any third party person or non-person, whether living or dead.
⦁ You will not post or transmit any submissions to a Site that contain any of the following: Unlawful, pornographic, obscene, profane, defamatory, libelous, threatening, or otherwise objectionable material, as determined by Cool Hog.
⦁ You agree that your submissions will not incorporate, encourage, or condone:
⦁ Criminal activity or conduct that gives rise to civil liability;
⦁ Any form of violence, hatred or harassment;
⦁ Any form of discrimination on any ground covered by human rights legislation, such as religion, race, color, sexual orientation, disability, etc.
⦁ You agree that your submissions will not depict, promote, or encourage:
⦁ Irresponsible consumption of alcohol or other products of Cool Hog;
⦁ Consumption of alcohol by anyone under the legal drinking age;
⦁ Engaging in any skilled or dangerous activity while consuming alcohol or other products of Cool Hog;
⦁ Animal cruelty.
⦁ You agree that your submissions will not contravene any applicable law, regulation, policy, guidelines or industry standards, as determined by Cool Hog.
⦁ Cool Hog reserves the right to delete or hide any User Content that it deems inappropriate based on these Terms and Conditions.
a. Certain parts or features of a Site may require registration or may otherwise ask you to provide information to participate in certain features or to access certain Content on the Site (“Account Information”). Examples of Account Information include but are not limited to user name, address, email address and contact information, and profile picture. The decision to provide this Account Information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain Content or participate in certain parts or features of the Site.
b. You agree that you will not provide any false information to us, or create an account for anyone other than yourself without permission.
c. You shall not create more than one personal profile. Cool Hog reserves the right to remove or reclaim any Account Information from a Site in our sole discretion, and further reserves the right, with or without notice, to terminate your password and membership to such Site or to all Cool Hog Sites, for any reason or no reason at all. If we disable your account, you agree that you will not create another one.
d. If you register with a Site, you are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your account so that others may not access the password protected portion of the Site. You accept responsibility for all activities that occur under your account, email or password, if any, and agree you will not sell, transfer, or assign your account.
e. You understand and agree that Cool Hog shall not have any liability to you or any other person for any termination of your access to the Site or the removal of Account Information concerning your account. Cool Hog will determine your compliance with these Terms and Conditions in its sole discretion and its decision shall be final and binding and not subject to challenge or appeal.
7. CHAT FUNCTIONALITY; CHAT BOTS
⦁ The Site may feature chat functionality. In certain instances, this may be manned by a person, and in other cases this may be through automated conversation systems, or “chatbots,” that utilize artificial intelligence. For example, chatbots may be accessed on our Site (via web widgets), via SMS, and via messaging apps such as Facebook Messenger.
⦁ Given that these automated chatbots are managed through artificial intelligence, and often through third-party platforms, we make no warranties, implied or express, or make any representation concerning the accuracy, results, or reliability, or correctness of the materials and responses.
BY USING THE SITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD COOL HOG HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR ANY LAW; YOUR USE OF THIS SITE AND/OR THE CONTENT; YOUR USER CONTENT THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR COOL HOG’s USE OF YOUR USER CONTENT. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COOL HOG’s DEFENSE OF ANY CLAIM. COOL HOG RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF COOL HOG.
9. LIMITATION OF LIABILITY AND DISCLAIMER
⦁ Cool Hog assumes no responsibility for any delays, interruptions, errors, defects, omissions, or deletions, related to the communications line failure, operation or transmission, alteration of, or theft or destruction or unauthorized access to, user communications. The Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons. Cool Hog is not responsible for any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or in connection with the Site, including injury or damage to a user’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading Content in connection with the Web and/or in connection with the Site.
⦁ In no event shall Cool Hog be liable for: (1) ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR ANY INFORMATION PROVIDED ON THIS SITE, REGARDLESS OF THE CAUSE OF ACTION FROM WHICH THEY ARISE, EVEN IF OCCURRING AND (2) AMOUNTS IN EXCESS OF THE AMOUNT THAT YOU PAID COOL HOG BY WAY OF THIS SITE OR GBP 100, WHICHEVER IS GREATER.
⦁ By using the Site in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the officers, directors and employees of Cool Hog (as broadly defined in the introductory paragraph of these Terms and Conditions) arising out of, relating to, or connected in any way with the website or the determination of the scope or applicability of this agreement to arbitrate (except for remedies available in small claims court). (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the law of United Kingdom.
⦁ YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING AGAINST COOL HOG (AS BROADLY DEFINED IN THE INTRODUCTORY PARAGRAPH OF THESE TERMS AND CONDITIONS) OR ANY RELATED THIRD PARTIES ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE SITE.
⦁ These Terms and Conditions constitute the entire Terms and Conditions of the parties with respect to the subject matter hereof and supersede all prior or contemporaneous written or oral agreements, understandings, or the like between the parties with respect to the subject matter hereof.
⦁ These Terms and Conditions may not be amended, nor any obligation waived, without Cool Hog’s written authorization. Any failure to enforce any provision of these Terms and Conditions shall not constitute a waiver thereof or of any other provision thereof.
⦁ If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
⦁ All disputes arising out of or related to this Agreement will be governed by the laws of the United Kingdom. No choice of law rules of any jurisdiction will apply.