Terms and conditions
1. Introduction
1.1. These are the Terms and Conditions of Website Use ("Terms") for makemeacocktail.com. Our Site is owned and operated by Nick Wilkins Limited ("we", "us" or "our").
1.2. The Site is provided to you free of charge for your personal use, subject to these Terms and Conditions of Website Use and our Privacy Policy. Before using our Site, please read Our Terms and Privacy Policy. By using our Site you are agreeing to be bound by these Terms and our Privacy Policy. If you don't agree to these Terms or our Privacy Policy, you should stop using and accessing the Site. If you breach any of these Terms, your right to access and use the Site will cease immediately.
1.3. The Terms and Conditions of Website Use explain;
- How our Site operates
- What you can do with our content
- What we can do with things you post
- Your rights and responsibilities
- Drink responsibly statement
1.4. We may update these Terms at any time. We will let you know what these changes are by posting them to this page, but it is your responsibility as a user to make sure you're aware of them, by checking for any changes on a regular basis. Changes will become effective as soon as they are posted. If you continue to use our Site after the posting of changes to these Terms, your use of the Site indicates your agreement to be bound to the new Terms.
2. What Our Site Does
2.1. Our Site is all about sharing ideas, information and knowledge on cocktails in a collaborative and engaging way. We provide you with regular updates of cocktails, ingredients and knowledge on pertinent subject matter.
3. The Site Does Not
3.1. Information on our Site is for users to enjoy cocktails. If companies and brands are mentioned on our Site, it is usually because of their inclusion of a cocktail or on recommendation through a recipe or similar post. Given that the impact of any information expressed on our Site can vary widely, you should always carry out your own research into the product that is of interest to you.
4. Drink Responsibly
4.1. Always drink alcohol responsibly and in moderation, knowing your limits and never on an empty stomach. Makemeacocktail.com has collated some amazing cocktails, including alcohol free recipes, and others that are on the stronger side of the ABV line. Please be sensible when consuming large amounts of alcohol and if in any doubt refer to resources such as, but not limited to;
4.1.1. www.drinkaware.co.uk;
4.1.2. www.responsibledrinking.org;
4.1.3. www.drinkinmoderation.org;
5. Privacy Policy
5.1. We take your privacy seriously. Please read our Privacy Policy to see how we collect, use and protect your personal information.
5.2 Any searches you enter in our site we store and may use publically to help provide other users answers to common questions. We do not show any personally identifiable information in any search results if used.
6. Links on our Site
6.1. Our Site includes details on, or links through to, information provided by other websites. We don't control the accuracy or completeness of that information and cannot accept any responsibility for the content of those websites. You take complete responsibility for using that information, verify it and for any decision to use, purchase or refrain from purchasing any of the services or products mentioned on a linked site. If you do purchase products or services from another website, please read its contract carefully before deciding to engage further..
6.2. When you use other websites, any personal information you give them will be dealt with in line with their privacy policies, not ours, so please read the privacy policies of each and every such website before using them!
6.3. Occasionally the adverts included on our Site are affiliate links with which we have received an advertising fee. These are links which take you directly or indirectly to a product or service provider. You are responsible for clicking through to its site or purchasing a product from it.
6.4. You are only permitted to link to our Site with our prior written consent provided you:
6.4.1. comply with these Terms and all applicable laws;
6.4.2. link only to those pages we have given you our permission to link to;
6.4.3. do not in any way imply that we are endorsing you, your website, or its products or services;
6.4.4. do not misrepresent your relationship with us or present false information about us;
6.4.5. do not infringe any intellectual property or other rights of any person or otherwise breach all relevant laws and regulations;
6.4.6. do not have content in your website that could be considered distasteful or offensive.
6.5. If you breach these terms, we have the right to require that your link is removed and to take whatever other action we think appropriate.
7. Our content
7.1. All of the content on our Site is owned by makemeacocktail.com and is protected by English and international copyright laws.
7.2. Our content includes any information, features of, or other material found on our Site. You are allowed to use our content for personal, non-commercial use only. You may use the information provided on our site for personal, individual use only, provided that all copyright and proprietary notices are kept intact. Otherwise, no content from Our Site may be republished, posted, transmitted, stored, sold, distributed or modified without our prior written consent.
8. User content
8.1. When you post content on Our Site, you agree and represent that you have created that content. You still own any copyright in the text that you post on our Site. However, when you post text, images, video or other media, you expressly grant us a perpetual, fully transferable, worldwide royalty-free licence to republish that content on our Site and to use/redistribute/make available and/or sell that content in any format and on any platform, either now known or hereinafter invented anywhere in the world as part of an edited compilation or otherwise. We may automatically track certain contextual links in any content that you provide.
8.2. We reserve the right to edit or remove your content at our or their sole discretion without notice. We take no responsibility for the deletion or failure to store postings of user content submitted by you or other Site users.
8.3. If you're aged under 18 you confirm you have the permission of your parent or guardian to submit content to us.
9. Social media / Make Me a Cocktail Community
9.1. We require your use of our Social Media platform and any other platforms we provide is lawful and in accordance with our Terms.
9.2. We accept no liability for user content on the Site provided by yourself or by others, including any reliance on the accuracy or completeness of such user content. You acknowledge and accept that user content posted on our Site is the opinion of the person posting only and in no way reflects our opinions or attitudes. You further acknowledge and accept that we have no obligation to moderate any content posted by you and other users on the Site.
9.3. You warrant that the content you post does not contain extremist views, appear to incite or promote terrorist activities and is not obscene, fraudulent, libellous, threatening, harassing, abusive, hateful or embarrassing to any other person as determined by us in our sole discretion, or illegal. You further warrant that the content you submit to us does not infringe any intellectual property right or proprietary or privacy right of any party or individual.
9.4. You agree not to:
9.4.1. impersonate another person;
9.4.2. disguise the IP address of the connection used to post any message;
9.4.3. post or transmit any files containing viruses or other harmful computer code;
9.4.4. harvest or otherwise collect or use information about others, including email addresses, without their explicit consent;
9.4.5. post the same recipe more than once;
9.4.6. knowingly post untrue information about another person or business with the intention of harming their reputation or livelihood;
9.4.7. engage in any other conduct that restricts or inhibits any other person from using or enjoying these areas of our Site, or which, in our judgement, exposes us to any liability or detriment of any type;
9.4.8. intentionally publish misleading recipes;
10. Make Me a Cocktail My Bar and Account
10.1. We operate the unique ‘My Bar’ feature for your personal use only. If you are submitting another person's details when you use My Bar, you must get their permission first before you provide us with their details. In submitting any other person's details, you are confirming to us that you have their permission to do so and that they understand how their details will be used.
10.2. Note that it is your responsibility to:
10.2.1. check and ensure that all information, content, material or data you provide on the Site is correct, complete, accurate and not misleading and that you disclose all relevant facts;
10.2.2. ensure that any username, password and/or other identification information you create is kept confidential by you and is not disclosed or shared with anyone. Where you do disclose any of these details, you are solely responsible for all activities undertaken on our Site where they are used;
10.2.3. choose a strong password to access your personal information on our Site. Your password can only be reset with access to the email address registered in our system.
11. Disclaimer & General
11.1. We provide our Site in free of charge to You, the member of the public, and with good intention, but we can't and don't warrant the completeness, truth or accuracy of the information or other content or postings found on our Site, or their usefulness for any particular purpose. You acknowledge and agree that: (i) your use of the Site is at your own sole risk; and (ii) you bear full responsibility for your own research and decisions from Our Site and that we shall not be liable for any action that you or others take or don't take based on your use of or reliance on information provided by us or other users of Our Site.
11.2. We don't accept any responsibility or liability for the accuracy or reliability of any statement made on the Site by anyone other than authorised staff members of Make Me a Cocktail acting in such capacity.
11.3. We don't promise that your access to Our Site, or its content will be delivered uninterrupted, timely or error-free, or that the Site will be free from viruses or other harmful properties. It's your responsibility to implement satisfactory safeguards and procedures to make sure any files you obtain through Our Site are free from such contaminations or other harmful properties.
11.4. You agree, under no circumstances will we or our affiliates be held liable to you or any other party for any damage, loss or injury resulting from your use of any of the content from Our Site.
12. Indemnity
12.1. You agree to indemnify, defend and hold harmless us from and against any claim, liability, cost, damage or loss we may incur (including reasonable legal fees) as a result of any material that you post or transmit on our Site, Social Media or via any other communications systems, any actions you take which disrupt access to and/or the functioning of our Site or any breach by you of your obligations under these Terms.
13. Premium Membership Information
13.1 Membership Options and Pricing
MakeMeACocktail.com offers various Premium Membership options designed to enhance your cocktail crafting journey. Our Premium Memberships are available in three tiers:
- Monthly Subscription: Enjoy all premium features for £5 per month. Subscription fees may vary if discount codes are applied at the time of purchase.
- Yearly Subscription: Opt for an annual subscription at £50, offering a cost-saving opportunity compared to the monthly option.
- Lifetime Membership: For the most dedicated cocktail enthusiasts, a one-time payment of £95 grants you lifetime access to all premium features.
13.2 Payment and Billing
All payments for Premium Memberships are processed securely through Stripe, ensuring the safety and confidentiality of your financial information. By choosing a Premium Membership, you authorize us to charge the subscription fee through your selected payment method.
13.3 Non-refundable Policy
Please note that all payments made for Premium Memberships are non-refundable. This policy applies to all tiers of membership, including monthly, yearly, and lifetime subscriptions. We encourage users to carefully consider their subscription choice before making a payment.
13.4 Subscription Management
Upgrading or Downgrading: Members have the flexibility to upgrade or downgrade their subscription tier directly from their account settings. Whether you're moving from a monthly to a yearly subscription for additional savings, or adjusting your membership to better suit your needs, managing your subscription type is straightforward and user-friendly.
No Partial Refunds: It's important to note that downgrading your subscription before the end of your current subscription term does not qualify for a partial refund. We recommend adjusting your subscription level only when your current term is close to expiring to make the most of your Premium Membership.
13.5 Canceling Your Subscription
If you decide that Premium Membership is not for you, you can cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to Premium features until the end of your current billing cycle. Please remember, as per our non-refundable policy, cancellations will not result in a refund of any remaining portion of your subscription fees.
13.6 Changes to Membership Terms
MakeMeACocktail.com reserves the right to modify membership fees, features, terms, and conditions at any time. Any changes to the Premium Membership terms will be communicated to our members in advance through our website and/or email notifications.
14. Widget Usage Terms
14.1 Overview
MakeMeACocktail.com offers a unique widget feature that allows users to embed a dynamic cocktail recipe tool on their own websites. This feature is designed to enhance your website's content by providing your visitors with instant access to our extensive cocktail database. To ensure a consistent and secure experience for all users, we have established the following terms of use for our widget.
14.2 Usage License
By embedding the MakeMeACocktail.com widget on your website, you are granted a non-exclusive, non-transferable, revocable license to use the widget on your site. This license is subject to your compliance with the terms outlined in this section.
14.3 Code Integrity
No Modifications: You agree not to alter, modify, or otherwise change the original widget code provided by MakeMeACocktail.com in any way. This includes, but is not limited to, changing the functionality, appearance, or intended operation of the widget.
14.4 Link Preservation
The widget includes a discreet link back to MakeMeACocktail.com. You agree not to remove, obscure, or otherwise interfere with this link. The link must remain intact and functional, directing users to our website when clicked.
14.5 Consequences of Violation
Failure to adhere to these Widget Usage Terms may result in the revocation of your license to use the widget. MakeMeACocktail.com reserves the right to require the immediate removal of the widget from your website if these terms are violated. Further, violators may be subject to legal action if the modifications cause harm to MakeMeACocktail.com or its users.
14.6 Intellectual Property
The widget, including its code, design, and functionality, is the property of MakeMeACocktail.com and is protected by copyright and other intellectual property laws. Your use of the widget does not transfer any intellectual property rights to you.
14.7 Disclaimer
The widget is provided "as is" without warranties of any kind, either express or implied. MakeMeACocktail.com does not guarantee that the widget will be free from errors or interruptions. By using the widget, you acknowledge and agree that your use is at your sole risk.
14.8 Acceptance of Terms
By embedding the MakeMeACocktail.com widget on your site, you signify your agreement to these Widget Usage Terms. If you do not agree with these terms, you must not use the widget.
14.9 Changes to Terms
MakeMeACocktail.com reserves the right to modify these Widget Usage Terms at any time. Any changes will be effective immediately upon posting on our website. Your continued use of the widget following any such changes constitutes your acceptance of the new terms.
15. General
15.1. If any of these provisions is deemed invalid, void or unenforceable that provision will be deemed severable from the rest and will not affect the validity and enforceability of any remaining provisions.
15.2. Our failure or delay to exercise any provision of these Terms shall not be construed as a waiver of any provision or right.
15.3. These Terms shall be governed by the laws of England and any dispute between us will be resolved exclusively in the Courts of England.
16. Comments on the Site
16.1. We welcome comments and feedback from users on our Site, and we aim to create a positive and respectful environment for discussions.
16.2. All comments are subject to moderation. We reserve the right to review, edit, or delete any comments at our discretion, without notice.
16.3. Comments that are deemed to be spam, offensive, abusive, defamatory, or in violation of any laws will be removed. This includes comments that contain hate speech, threats, or personal attacks.
16.4. By posting a comment on our Site, you grant us the right to use, display, reproduce, and distribute your comment in any form, including for promotional purposes.
16.5. Users are responsible for the content of their comments. We do not endorse any user comments and are not liable for any claims or damages resulting from them.
16.6. If you believe that a comment violates these Terms, please report it to us using the contact information provided on our Site.
16.7. We may update these comment guidelines at any time. It is your responsibility to review them regularly and ensure your comments comply with the latest version.
17. WordPress Plugin
17.1. We offer a WordPress plugin that allows users to integrate our extensive cocktail recipe database into their WordPress sites.
17.2. By downloading and using our WordPress plugin, you agree to comply with these Terms and any additional terms specific to the plugin that we may provide.
17.3. The plugin is provided "as is" without warranties of any kind, either express or implied. We do not guarantee that the plugin will be free from errors or interruptions.
17.4. You are granted a non-exclusive, non-transferable, revocable license to use the plugin on your WordPress site, subject to compliance with these Terms.
17.5. You agree not to modify, alter, or reverse engineer the plugin. Any unauthorized use or modification of the plugin is strictly prohibited.
17.6. We reserve the right to update, modify, or discontinue the plugin at any time without notice.
17.7. We do not accept any liability for any damage, loss, or injury resulting from the use of the plugin. You use the plugin at your own risk.
17.8. For support and more information about the plugin, please refer to the documentation provided with the plugin or contact us through our support channels.
