Terms of Use

1. Introduction.
   The Flying Kestrel (collectively referred to as "we", "us", or "our" in this privacy notice) are part of the Brookfield Drinks Limited group. When we mention "we", "us" or "our" in this privacy notice, we are referring to the relevant company which is responsible for processing your personal data. Unless we inform you otherwise, the controller will be Brookfield Drinks Limited. We respect your privacy and recognise your desire to safeguard your personal information. These Terms of Use, along with our Privacy Policy and Cookies Policy, are designed to inform you about the kind of personal information collected on this website (the “Site”), to inform you of the conditions of use of the Website, and how we maintain the security of the Website. Please read the Terms of Use set out below carefully.
2. Agreement to terms.
   These Terms of Use are applicable to the Website, unless explicitly stated otherwise in any instance. By entering this Website and indicating your acceptance, you acknowledge and agree that you shall be bound by any revisions to the Terms of Use. We suggest periodically visiting this page of the Website to review these Terms of Use for any changes.
3. Who we are.
   This Website is operated by Brookfield Drinks Limited UK, a company registered in England under company number 8186959 with registered office at Brookfield, 105 High Street, Sharnbrook, Bedfordshire MK44 1PE. Our VAT number is 135 6022 40. To contact us, please e-mail us through our 'Contact Us' page on the Website or direct at info@brookfielddrinks.co.uk
4. Age Requirement for Use of Site.
   This Site is intended only for the use and enjoyment of persons who are of legal age to purchase beverage alcohol in the jurisdiction in which they reside (18+ in the UK). You must be of legal purchase age or older to access or otherwise use the Site and related services. If you consider any material on the Site to be inappropriate or offensive, please refrain from visiting the Site. 
5. Intellectual Property Rights.
   Unless otherwise noted, the design of the Site, including the software, source code, text, audio, logos, images and all other content and materials that are part of the Site (collectively, “Content”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Brookfield Drinks Ltd. You may access the Site for your personal, non-commercial use only. Copying or storing of any Content for other than personal, non-commercial use is expressly prohibited without the prior written permission from Brookfield Drinks Ltd or the rights holder identified in the individual content's proprietary notices including copyright notice. Neither title, rights or interest are transferred to you by use of or access to this Site; rather, all rights, title and interest in and to all aspects of the Site remain the property of Brookfield Drinks Ltd.   
   Except as set forth in these Terms, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Terms), create derivative works from, distribute, perform, display, reverse engineer, decompile or disassemble, or in any way exploit, any of the Content, software, materials or Site in whole or in part. Content on this Site is provided for lawful purposes only.
6. Disclaimer of Warranties.
   Any use and/or browsing of this Website is performed at your own risk. This Website (including, without limitation, all information, content, materials and functions made available on or through this Website) is provided to you “as is” without further representation or warranty of any kind, either express or implied. To the fullest extent permissible by law with regard to the contents of this Website, Brookfield Drinks explicitly disclaims and makes no representations or warranties of any kind whatsoever: (a) for the accuracy, merchantability, fitness for a particular purpose, title or non-infringement of any content published on or made available through this Website by any visitor to our site or by anyone who may be informed of any of its contents; or (b) that the server or means that you use to access the server that makes this Website available is free of viruses, bugs or other components that may infect harm or cause damage to your computer equipment, network connections or any other property when you access, browse, download from or otherwise use this Website.
7. Limitation of Liability. 
   Under no circumstances shall Brookfield Drinks Ltd or it’s affiliates, subsidiaries, parent or related companies be liable for any damages whatsoever (including, but not limited to direct, incidental, consequential, indirect or punitive damages), harm, or injury that relate to, arise out of, or result from the use of, or access to, or the inability to use, any of the materials on this Site, or are caused by any failure of performance, error, omission, interruption, defect, delay in operational transmission, computer virus or line failure. You agree to defend, indemnify and hold Brookfield Drinks Ltd, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including, without limitation, reasonable legal fees and costs, arising in any way from your use of the Site or the placement or transmission of any message, information, software or other materials through the Site by you.
8. Unsolicited or Solicited Materials.
   All remarks, suggestions, ideas, creative concepts, graphics, or other information communicated through this Site or otherwise sent to Brookfield Drinks Ltd, including without limitation, product or advertising ideas, (collectively, "Submission") will forever be the exclusive property of Brookfield Drinks Ltd, who will not be required to treat the Submission as confidential, and will not be liable for any use whatsoever or disclosure of the Submission, and need not provide any compensation or acknowledgement for the Submission. Without limitation, Brookfield Drinks Ltd will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature anywhere, including the right to use, reproduce, modify, adapt, publish, transmit, create derivative works from, distribute, perform and display such Submission. You warrant and agree not to submit any material that (a) are protected by copyright, other proprietary or intellectual property rights, or derivative works with respect thereto, except as allowed herein or otherwise approved in advance for use by the owner of the relevant right; (b) infringing, unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material that could constitute or encourage criminal or unlawful conduct, or material containing spam or advertising content. You acknowledge that you are responsible for whatever Submission you send, and you, not Brookfield Drinks Ltd, have full responsibility for the message, including its legality, reliability, and originality. By submitting content to this Site, you agree that Brookfield Drinks Ltd has the right to remove and delete postings for any reason whatsoever, or for no reason at all. Brookfield Drinks Ltd reserves the right to filter all posts and submissions from individuals who display persistent behaviour contrary to the Terms governing the use of this Site.
9. Compliance with the Digital Millennium Copyright Act.
   We respect the intellectual property rights of others and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to info@brookfielddrinks.co.uk OR send a letter to Brookfield Drinks Ltd, 105 High Street, Sharnbrook, Bedfordshire, MK44 1PE.

   Please include:

10. The signature of a person authorized to act on behalf of the owner of the copyright.
11. A statement that this person is authorized to act on behalf of the copyright owner.
12. A statement that this person has a good faith belief that the use of the material is not authorized either by the copyright owner, by the owner's agent, or by law.
13. A description of the copyrighted work that you claim has been infringed, and a description of where the allegedly infringing material is located on the Site.
14. Your address, telephone number, and e-mail address.

    Please put "Notice of Infringement" in the subject line of all such notifications.  

15. No Confidentiality.
    You agree that by using this Site, all communications and information transmitted by you to or through the Site will not be treated as confidential.
16. Accessibility Notice.
    Brookfield Drinks Ltd is committed to accessibility. That commitment means that Brookfield Drinks Ltd aims to provide this Site in accordance with Web Content Accessibility Guidelines (“WCAG”). Please send us an email  info@brookfielddrinks.co.uk if you have ideas on how we can improve our Site’s accessibility.
17. Links from and to the Site.
    This Site may contain links to other Internet sites and resources. Brookfield Drinks Ltd is not responsible for the availability of external sites or resources linked to this Site. Brookfield Drinks Ltd does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and the third party are strictly between you and the third-party and are not the responsibility of Brookfield Drinks Ltd. As Brookfield Drinks Ltd is not responsible for the availability of these outside resources or their content, you should review the Terms of these linked sites, as their policies may differ from ours. You should direct any concerns regarding any external link to its site administrator. 
18. Governing Law.
    These Terms shall be governed in accordance with the laws of the United Kingdom, notwithstanding any principles of conflicts of laws. Except as described otherwise, all materials in this Site are made available only to provide information about The Flying Kestrel and makes no representation that these materials are appropriate or available for use in other locations. If you use this Site from other locations, you are responsible for compliance with the applicable local laws.
19. Other
    We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site. We may also impose limits on certain features of the Site or restrict your access to part or all the Site without notice or penalty.