Terms and conditions
General: Please read this carefully.
Access to and use of www.pepsi.co.uk (the "Site") is provided by Britvic Soft Drinks
Limited ("Britvic") subject to the following terms and conditions ("Terms "). By
accessing the Site you are agreeing to these Terms that appear below, whether or
not you register as a user.
- 1. Use of Content and Linking to the Site
- 1.1 This Site is intended for use by residents of the United Kingdom only.
- 1.2 You acknowledge and agree that the entire content, design and the selection
and arrangement of the content and material contained in this Site, including but
not limited to text, software, music, sound, photographs, graphics, video, (collectively,
the "Content") is protected by copyrights, trade marks, service marks, patents,
or other proprietary rights and laws. You acknowledge and agree that you are permitted
to use the Content only on the bases expressly set out below and any use such as
but not limited to: copying, reproducing, transmitting, distributing, or creating
derivative works of the Content is prohibited without the prior express written
authorisation of / Britvic.
- 1.3 All Content on the Site remains the property of Britvic, Pepsi Beverages International
Limited ("Pepsi"), or its licensors.
- 1.4 You may retrieve and display Content on a computer screen, PDA or mobile telephone,
print individual pages on paper (but not photocopy them) and store such pages in
electronic form on disk or on your mobile telephone (but not on any server or other
storage device connected to a network) for your personal, non-commercial use.
- 1.5 Except as expressly set out above, you may not reproduce, modify, store, archive
or in any way commercially exploit any of the Content. In particular, but without
limiting the general application of the restrictions contained in the preceding
sentence, you may not do any of the following without the prior written permission
from Britvic (and neither may you allow a third party to do any of the same): -
redistribute any of the Content (including by using it as part of any library, archive
or similar service); - remove the copyright or trade mark notice from any copies
of Content made under these Terms; - create a database in electronic or structured
manual form by systematically downloading and storing all or any of the Content.
- 2. Information on the Site Information in the Site is subject to change without
notice. Information regarding Britvic's products and services is and is applicable
only in the United Kingdom unless otherwise noted. Some products and services may
not be available in certain areas. Britvic makes no representations that the Content
in this Site are appropriate or available for use in other countries outside the
United Kingdom. Those who do access this Site from other countries are solely responsible
for compliance with local laws of that country.
- 3. Exclusion of Liability
- 3.1 While Britvic and Pepsi use reasonable efforts to include accurate and up to
date information in the Site, Britvic and Pepsi make no warranties or representations
as to the accuracy, correctness, reliability or otherwise with respect to such information,
and assumes no liability or responsibility for any omissions or errors (including
without limitation typographical errors and technical errors) in the Content.
- 3.2 Use of and browsing in the Site is done at user's own risk. Neither Britvic,
Pepsi nor any other party involved in creating, producing, or delivering the Site
shall be liable for any direct, incidental, consequential, indirect, or punitive
damages arising out of your access to, or use of, or browsing the Site, or downloading
of any materials, data, text images, video, or audio from the Site, including without
limitation damage to, or viruses that may infect, your computer equipment or other
property as a result thereof. Without limiting the foregoing, everything on the
Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
- 4. Communication From time to time, Britvic (and its associated companies) may ask
that you transmit to the Site by electronic mail your feedback on Pepsi products
and/or services. Any communication or material you transmit or post will be (a)
treated as non-confidential and non-proprietary by Britvic, (b) become the property
of Britvic and Britvic shall exclusively now and hereinafter own all rights, title
and interest therein, and (c) used without restriction by Britvic or its bottlers,
licensees and affiliates at its sole discretion without any obligation, compensation
or other liability to you. Such use may be for any purpose whatsoever, including
but not limited to, reproduction, disclosure, transmission, publication, broadcast
and posting whole or in part, in any medium and in any manner on this Site or otherwise.
However, Britvic shall be under no obligation to respond to any such communication.
- 5. Privacy Policy / Data Protection Statement Britvic takes the privacy of its users
seriously. A special note to Children YOU MUST BE 16 YEARS OF AGE OR OLDER TO REGISTER
WITH PEPSI AND/OR ITS CLEARINGHOUSES. AT THE PRESENT TIME WE MUST ASK YOU NOT TO
REGISTER WITH PEPSI AND/OR ITS CLEARINGHOUSES IF YOU ARE UNDER 16 YEARS OF AGE.
A SPECIAL NOTE TO PARENTS While Pepsi prohibits registration by children under the
age of 16, parents should supervise their children's online activities and consider
using parental control tools available from online services and software manufacturers
that help provide a kid-friendly online environment. These tools can also prevent
children from disclosing online their name, address, and other personal information
without parental permission. For additional information about parental control tools,
please consult the "Consumer Assistance" page of the Direct Marketing Association
home page (http://www.dma.org.uk). PRIVACY PRACTICES AND POLICIES & OUR USE OF YOUR
PERSONAL INFORMATION Your e-mail address and other personally identifying data will
be known to Pepsi only when you voluntarily submit such information to our websites.
We may use this personal information to contact you if we change our services or
terms or if we need to give you notice under those terms. The information about
your acquisition of our content and your preferences may be used to send you information
that we believe may be of interest to you, such as information about music or products
or services offered by Pepsi. However, no one will send that information to you
unless you opt-in to receive it at the time you register. If you decide at any time
in the future that you wish to cease receiving such information, you may change
your preferences at any time by visiting our unsubscribe page at http://www.pepsi.co.uk/register/unsubscribe.asp
WITH WHOM WE SHARE YOUR INFORMATION As a general rule, we will not disclose any
personal information we collect from you without your consent. However, we may disclose
personal information in special cases when we have reason to believe that disclosing
this information is necessary to identify, contact or bring legal action against
someone who may be causing injury to or interference with (either intentionally
or unintentionally) our rights or property. We may disclose user information when
we believe in good faith that the law requires it. If you have opted-in to receive
marketing information from us, we may share your information with our affiliated
companies and/or with our stars. We will not share your personal information with
other third parties for marketing purposes without your consent. We may share with
others, at our discretion, certain aggregate statistical data about purchases and
the use of our content, which data may include demographic data such as the age
range and/or geographic location of groups of users. No personal information (such
as names or email addresses) will be identifiable from such statistics. We may transfer,
sell or assign any of the information described above, including personally identifiable
information, to third parties, as a result of the sale, merger, consolidation, change
in control, transfer of substantial assets, reorganization or liquidation of Britvic
or Pepsi. SECURITY Pepsi strictly protects the security of your personal information
and your choices for its intended use. We use current industry standard technology
to maintain the confidentiality and accuracy of the information you provide to us.
To protect your personal information, we use "secure servers" with industry standard
SSL 128 bit key encryption. However, we cannot guarantee that any information you
submit to us will be free from unauthorized third party intrusion.
- 6. Availability of Site Whilst Britvic endeavours to ensure that the Site is normally
available 24 hours a day, Britvic will not be liable if for any reason the Site
is unavailable at any time or for any period. Britvic does not guarantee the functions
contained in the Site will be uninterrupted or error-free, or that defects will
be corrected even if Britvic is aware of them. Additionally, Britvic makes no warranty
that the Site services or its server are free from infection by viruses or anything
else that has contaminating or destructive properties.
- 7. Registration
- 7.1 On registration, you must provide Britvic with accurate, complete registration
information and it is your responsibility to inform Britvic of any changes to that
information (including in particular your e-mail address) by e-mailing [ ]
- 7.2 Each registration is for a single user only. On registration, you will choose
a user name and password. Britvic does not permit any of the following: - any other
person sharing your user name and password; - access through a single name and password
being made available to multiple users on a network.
- 7.3 You are responsible for all use of the Site made by you or anyone else using
your user name and password (collectively, "ID") and for preventing unauthorised
use of your ID. If you believe there has been any breach of security such as the
disclosure, theft or unauthorised use of your ID or any payment information, you
must notify Britvic immediately by e-mailing [ ].
- 7.4 If on registration (or on amendment of your registration details) you provide
Britvic with an email address that will result in any emails Britvic may send you
being sent to you via a computer network operated by or on behalf of your employer
or college (or similar) then you are warranting that you are entitled to receive
emails at that address. You also agree that Britvic may refrain from sending you
any emails to such address without notifying you, even if you have subscribed to
receive them, if we receive a request from your employer or college to stop sending
emails to that address.
- 8. Trademarks The trademarks displayed on the Site are registered and unregistered
trademarks of PepsiCo, Inc., its subsidiaries, affiliates and associated companies.
Nothing contained on the Site should be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any trademark displayed on the Site. In
the event that you misuse any trademark in violation of these Terms, PepsiCo Inc.
and/or its subsidiaries and/or affiliates and/or associated companies will aggressively
enforce its intellectual property rights to the fullest extent of the law, including
the seeking of criminal prosecution.
- 9. Links to Other Sites
- 9.1 This Site may link to other sites not maintained by or related to Britvic. Such
hyperlinks are provided as a service to users and are not sponsored by, endorsed
or otherwise affiliated with this Site or with the products and services of Britvic.
Britvic has not reviewed all of the sites linked to the Site and is not responsible
for the content of any off-site pages or links to any other sites. Viewing all other
sites is at your own risk.
- 9.2 In the event that Britvic may, from time to time, allow for discussions, chats,
postings, transmissions, bulleting board, and the like on the Site, Britvic is under
no obligation to monitor or review such transmitted information and assumes no responsibility
or liability arising from the content of any such transmitted information nor for
any error, defamation, libel, slander, omission, falsehood, obscenity, pornography,
profanity, danger, or inaccuracy of any such information. You are prohibited from
posting or transmitting any unlawful, threatening, libellous, defamatory, obscene,
scandalous, inflammatory, pornographic, or profane material or any material that
could constitute or encourage conduct that would be considered a criminal offence,
give rise to civil liability, or otherwise violate any law. Britvic will fully cooperate
with any law enforcement authorities or court order requesting or directing Britvic
to disclose the identity of anyone posting any such information or materials.
- 10. Changes to these Terms Britvic reserves the right, at its discretion, to make
changes to any part of the Site and its related services. Due to its policy of updating
and improving the Site, Britvic may wish to change these Terms. When Terms are changed,
Britvic will notify you by publishing details of those changes by including them
at the end of these Terms (see "Details of Changes"). If you use the Site or related
services after Britvic has published or notified you of the changes, you are agreeing
now to be bound by those changes. If you do not agree to be bound by those changes,
you should not use the Site (and should cancel your subscription to any related
services).
- 11. Competitions and Prizes From time to time Britvic will run competitions, free
prize draws and promotions on the Site. These are subject to additional terms that
will be made available at the time they are run.
- 12. Choice of Law and Jurisdiction
- 12.1 These Terms shall be governed by, and construed in accordance with, English
law.
- 12.2 The courts of England shall have exclusive jurisdiction to settle any dispute
which may arise out of, under, or in connection with these Terms or the legal relationship
established by them.
- 13. General
- 13.1 You may not assign, sub-license or otherwise transfer any of your rights under
these Terms.
- 13.2 If any portion of these Terms is deemed unlawful, void or unenforceable, then
that part shall be deemed severable and will not effect the validity and enforceability
of any remaining provisions.
- 13.3 Failure by either party to exercise any right or remedy under these Terms does
not constitute a waiver of that right or remedy.
- 13.4 These Terms set out the entire understanding and agreement between you, Britvic
and Pepsi with respect to the Site. You acknowledge that any other agreements between
you, Britvic and Pepsi with respect to the Site are superseded and of no force or
effect.
- 14. Creative Ideas, Suggestions and Materials PepsiCo maintains a long standing
policy of not accepting or considering any creative ideas, suggestions or materials
from the public ("Submissions"), and therefore, you should not make any Submissions
to PepsiCo through this Site or otherwise. Nonetheless, if you do send us a Submission,
despite our request not to do so, then such Submission shall immediately become
the property of PepsiCo and PepsiCo shall exclusively now and hereinafter own all
rights, title and interest therein. Furthermore, PepsiCo shall be free to use any
Submissions for any purpose whatsoever, including, but not limited to, developing,
manufacturing and marketing products. PepsiCo shall not be liable for such use or
disclosure of such Submission or for any similarities in the Submission and any
future PepsiCo uses or activities.
Britvic Soft Drinks Limited (company number 517211), is a company registered in
England and Wales with their registered offices at Britvic House, Broomfield Road,
Chelmsford, CM1 1TU.
BRITVIC'S DATA PROTECTION AND PRIVACY POLICY
Britvic complies with the Data Protection Act 1988. We follow strict security procedures
in the storage and disclosure of information you have supplied to us. Personal information
is collected by Britvic online to create your member profile and administrate your
activities on the site as well [as for the purposes of running competitions, conducting
market research surveys and providing you with information about the products and
services we offer]. We collect personal information from you through the use of
entry forms and every time you e-mail us your details.
We also collect information automatically about your visit to our site. The information
obtained in this way, which includes demographic data and browsing patterns, is
only used in aggregate form.
Use and Disclosure of personal information
We process personal information collected via the Site for the purposes of:
- running competitions
- conducting market research surveys and
- providing you with information about products and services we offer.
We do not sell, trade, or rent your personal information to others outside Britvic
Soft Drinks Limited or its associated companies. We do not share our mailing lists
with any third parties, including advertisers or partners, except where you have
provided permission to do so.
If you wish to receive information about our products or services, or information
from other carefully selected organisations, please tick the appropriate box on
the registration form.
Like most organisations, we also use information in aggregate form (so that no individual
user is identified) to share with business partners and other third parties for
the purposes of:
- building
- up marketing profiles
- assisting strategic development and auditing usage of the site.
This information shows user activity as a whole rather than on an individual basis
and cannot be used to individually identify you.
Promoter: Britvic Soft Drinks Ltd, Chelmsford CM1 1TU