Legal Stuff

Our lawyers got all 'funny' when we showed them this site and wanted us to put a load of really boring stuff in it.

We told them that they could have their way if one of them went manno et animalo and had a fist fight with a Koala – The winner getting to chose if the boring stuff was allowed or not – Sadly Koala's aren't the best fighters in the world and the lawers won – We should have opted for a badger!

Boxer

USER TERMS AND CONDITIONS

This Site (“the Site”) is operated by:-

A.G.Barr p.l.c. (“AGBA”)
Westfield House
4 Mollins Road
Westfield
Cumbernauld
G68 9HD
Registered in Scotland (Reg No SC5653)

AGBA operates the Site for your entertainment and information. The Site is subject to the following terms and conditions (“Terms and Conditions”). By entering the Site you must accept the Terms and Conditions. If you do not accept the Terms and Conditions, please do not enter the Site.

Terms and Conditions

1. General

The Site is maintained by AGBA or on our behalf for your personal non-commercial use only. You must be 13 or over and resident in the United Kingdom in order to access and use the Site. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site except that you are permitted to download the AGBA commercial which appears on the Site for non commercial and personal use only.

The content of the Site is provided as information only and based on information available to AGBA as at the time of editing and accordingly may not remain current.

AGBA reserve the right to restrict or terminate your access to the Site or any feature or part thereof at any time, with or without notice.

2. Free Prize Draw

The Site may from time to time offer free prize draws.

AGBA reserve the right to contact winners by telephone to authenticate their identity. If winners are not resident at the place given in their registration information their entry will be cancelled and prizes forfeited.

The prize draw is open to UK residents only over the age of 13, excluding AGBA employees and their families, agents or anyone professionally connected with the prize draw. Entrants may only enter once per draw.

These rules are not exhaustive and can be amended at the discretion of AGBA at any time. AGBA may withdraw the prize draw at any time without cause or reason. Prizes are subject to availability.

Prizes are chosen at the discretion of AGBA who can at any time substitute prizes.

Prizes will be despatched after the date of authentication, and AGBA will use all reasonable efforts to ensure that winners receive their prize within 28 days of authentication.

In the event of any dispute about the selection of winners, the decision of AGBA is final and legally binding. No correspondence will be entered into.

Winners agree to take part in publicity if so requested.

If we do not receive full confirmation of the name, full postal address and telephone number via e-mail within 7 days from notification of winning, the prize will be forfeited and correspondence will not be entered into.

3. Disclaimer of Warranties

Use of the Site is at your sole risk. The Site and its content are provided “as is” and without warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, non-infringement of third party rights, and fitness for a particular purpose, and any warranties that access to the Site will be uninterrupted or error-free, that this site will be secure or free of viruses or other harmful material, or that information on the Site will be complete, accurate or timely.

4. Limitation of Liability

To the fullest extent permitted under applicable law, neither AGBA or any subsidiary of AGBA, including without all officers, directors, employees, and agents, shall be liable to you for any damages, harm or injury whatsoever (including without limitation direct, indirect, incidental, special, consequential and punitive damages, lost profits, and damages resulting from lost data or business interruption) arising from or relating to the use of or inability to use the Site and its content, whether based on warranty, contract, delict (in England and Wales, tort), or any other legal theory, regardless of whether or not AGBA or any subsidiary of AGBA have been advised of the possibility of such damages.

5. Indemnification

You agree to defend, indemnify, and hold harmless AGBA or any subsidiary of AGBA from and against any claim or demand made by any third party, and all associated liabilities, damages, costs and expenses (including but not limited to reasonable solicitor’s fees) arising out of or relating to your browsing or use of the Site, content you transmit to the Site, your breach of any rights of another, or your breach of these Terms and Conditions.

6. Jurisdiction

The Terms and Conditions shall be governed by and construed in accordance with the laws of Scotland. You irrevocably consent to the jurisdiction of the courts located in Scotland for any action to arising from or relating to the Terms and Conditions or your browsing or use of the Site.

7. Communications with the Site

Any communication or other content that you transmit to the Site, whether by email, posting, uploading, or otherwise, will be treated as non-confidential and non-proprietary. By transmitting content to the Site, you automatically grant to AGBA or any subsidiary of AGBA a royalty-free, perpetual, irrevocable and non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform and display that content alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicence such rights. You agree that AGBA or any subsidiary of AGBA are free to use any ideas, concepts, know-how, or techniques contained in any content that you transmit to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products, and that AGBA or any subsidiary of AGBA need not provide any compensation or acknowledgement to you in exchange for any such use.

You agree not to transmit to the Site any unlawful, threatening, libellous, defamatory, obscene, scandalous, pornographic, or profane content, or any other content that could constitute or encourage conduct that would violate any laws. AGBA or any subsidiary of AGBA will fully co-operate with any law enforcement authorities or court order requesting or directing AGBA or any subsidiary of AGBA to disclose the identity of, help identify, or locate anyone transmitting any such content.

AGBA or any subsidiary of AGBA do not pre-screen or monitor content transmitted to the Site by third parties and are not responsible for screening or monitoring any such content. If notified, AGBA or any subsidiary of AGBA may investigate an allegation that content transmitted to the Site is in violation of the Terms and Conditions and determine whether to have the communication removed from the Site. However, AGBA or any subsidiary of AGBA are under no obligation to remove content transmitted by third parties from the Site and assume no responsibility or liability arising from or relating to any such content, including but not limited to any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. AGBA or any subsidiary of AGBA assume no responsibility or liability for any actions or content transmitted by or between you or any third party within or outside of the Site.

AGBA reserve the right at all times to disclose any information as they deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at their sole discretion.

The Site may contain email services and other message or communication facilities designed to enable you to communicate with others (“Communication Services”). You agree to use the Communication Services only to post send and receive messages and material that are proper. AGBA do not control or endorse the content of messages or other information sent to the Site and, therefore, AGBA specifically disclaims any liability with regard to the those messages and any actions resulting from any messages you post to the Site. Managers, administrators and hosts are not authorised AGBA spokespersons, and their views do not necessarily reflect those of AGBA.

8. General

If any provision of the Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of any such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect. No waiver of any provision of the Terms and Conditions shall be deemed a further or continuing waiver of any such provision or any other provision.

9. Copyright, Trade Marks and Other Proprietary Rights

Tizer is a registered trade mark of AGBA. The content of the Site, including but not limited to trade marks, designs, logos, text, images, audio and video materials, is the property of AGBA or a subsidiary of AGBA or its suppliers. Except where otherwise provided, you may not display, reproduce, distribute, modify, transmit, or otherwise use the material in the Site in any way for any public or commercial purpose, without the prior and express written consent of AGBA.

10. Linking Policy

The Site may contain links to third party websites ("Linked Sites"). The Linked Sites are not under the control of AGBA and AGBA and any subsidiary of AGBA is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. AGBA and any subsidiary of AGBA is not responsible for webcasting or any other form of transmission received from any Linked Site nor is AGBA responsible if the Linked Site is not working appropriately. AGBA and any subsidiary of AGBAis providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AGBA and any subsidiary of AGBA of the Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. AGBA and any subsidiary of AGBA shall not be responsible or liable for any part of any such dealings or promotions.

If you would like to link to the Site please seek the prior written consent of AGBA by contacting info@agbarr.co.uk



IRN-BRU glass giveaway

  1. This prize draw is open to consumers aged 12 (twelve) years or over who are residents of Great Britain, Channel Islands and the Isle of Man only, excluding employees and their immediate families of A. G. Barr p.l.c. and anyone else professionally connected with the promotion.
  2. Closing time and date for receipt of entries is 11:59:59pm daily from 25/07/08 until 15/08/08 inclusive. Winners will be notified by email within one working day of the draw having taken place. Winners will receive their prizes on or before 31/08/08.
  3. The winners will be selected at random.
  4. For each draw there are five IRN-BRU glasses to be won by five individuals daily. No cash or other alternative will be offered in whole or in part. The Promoter reserves the right to substitute the prize or any element of the prize with one of equivalent or greater value.
  5. The Promoter reserves the right to amend, alter or withdraw the prize draw as necessary due to exceptional circumstances outside its reasonable control or as a result from any production errors or where there has been error(s) in any aspect of the preparation for or conduct of the prize draw.
  6. The Promoter will not be held liable to any participant or winner for any third party failures beyond its reasonable control including but not limited to fraud.
  7. All conditions, warranties and representations expressed or implied by law or otherwise in relation to the prize and/or the prize draw are excluded to the fullest extent permitted by law and the Promoter shall be under no liability whatsoever or howsoever in connection with any loss, damage or injury which is suffered as a direct or indirect result of the prize and/or the prize draw except that the Promoter makes no attempt to exclude or limit its liability for death or personal injury arising as a result of the negligence of the Promoter.
  8. The prize winners agree to take part in any reasonable publicity required. Please note that in processing the winners’ information the Promoter may disclose the information to other companies in its group.
  9. The names of the prize winners will be made available on request to those enclosing a stamped self addressed envelope to: IRN-BRU Glass, Freepost RRGU – SERY-RSAK A.G.BARR P.L.C., Glasgow, G68 9HD, UK.
  10. The Promoter shall not be held liable for system failures. Neither can the Promoter be held responsible for the failure to fulfil obligations of any third parties involved in this promotion, although it will endeavour to minimise the effect to the participants of such failure.
  11. Conduct of participation. By entering this prize draw, all participants will be deemed to have accepted and be bound by the prize draw Terms and Conditions. The Promoter may at its sole discretion refuse to process an entry or fulfil any prize awarded or disqualify any individual found to be tampering with the operation of the Promotion or website, or to be acting in any manner deemed by the Promoter to be disruptive.
  12. The Promoter's decision is final and binding in all matters.

Promoter: A.G.BARR p.l.c., Westfield House, 4 Mollins Road, Cumbernauld G68 9HD. Reg No: 5653 Scotland. Please do not send entries to this address.