TERMS AND CONDITIONS
Note that you must be at least 18 years of age and the legal drinking age in the country you use it in (i.e USA – 21 years of age) to use the Beer Adventures mobile application; and by installing this app and agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
We are offering you the Beer Adventures mobile application to use for your own personal use, but you should be aware that you cannot share purchased areas on to anyone else, and you’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way.
You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to YEAST BERLIN Limited.
Your use of the Beer Adventures app is subject to all applicable laws and regulations. Though opportunities to directly communicate through the app are limited, you are still solely responsible for the substance any communications that do take place through the app. You agree that you will not upload, share, or distribute content that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any of our employees or representatives.
In addition, you must not use your account to breach security of another account or attempt to gain unauthorized access to other networks or servers. Users who violate systems or network security may incur criminal or civil liability.
We reserve the right to restrict access to functionality on the app, or indeed access to the app, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with the app, without prior notice to you in response to any violation of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites or applications, including cooperating with law enforcement authorities in investigating suspected criminal violations.
In order to use the Beer Adventures app you will need to create an account. This can be done through the app.
To be eligible for an individual account on our website you must be at least 18 years of age
You can only register one account for use with the app. If we find that you have multiple or duplicate accounts then we will close all but one account. We’ll inform you of these changes before the are undertaken.
You must not use any other person’s account to access the app, unless you have that person’s express permission to do so. You must also notify us immediately if you become aware of any unauthorised use of your account.
It is also your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Beer Adventures app won’t work properly or at all.
We may modify or even discontinue the mobile application at any point without notice.If we do this we will not be liable to you or any third party. It should also be noted that any new features that augment or enhance the then-current services on this site shall also be subject to these terms and conditions.
When you purchase a Beer Adventures App city, you will retain this city on the app and be able to use any future tours that are created for it. YEAST BERLIN Limited does reserve the right to make changes to the app or to charge for other future services, at any time and for any reason. However, we will make it very clear to you exactly what you’re paying for and will not charge you without your prior acceptance.
Data and privacy
The Beer Adventures app is provided “as is” without any representations or warranties, express or implied. YEAST BERLIN Limited makes no representations or warranties in relation to this app or the information and materials provided on this app.
Without prejudice to the generality of the foregoing paragraph, YEAST BERLIN Limited does not provide any guarantees that:
- this app will be constantly available, or available at all; or
- the information on this app is complete, true, accurate or non-misleading.
Nothing on this app constitutes, or is meant to constitute, advice of any kind.
The Beer Adventures app will require you to have an active internet connection. The connection can be WiFi, or provided by your mobile network provider, but YEAST BERLIN Limited cannot take responsibility for the app not working at full functionality if you don’t have access to WiFi or you don’t have any of your data allowance left.
The app includes discounts and special offers made by venues and other third parties. While these are accurate to the best of our knowledge, it is the right of the venues to refuse to provide these discounts or special offers. YEAST BERLIN Limited cannot be held responsible if the information related to special offers is out-of-date or these offers have been rescinded.
YEAST BERLIN Limited will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this mobile application:
- to the extent that the app is provided free-of-charge, with in-app purchases chosen by yourself for any direct loss;
- for any indirect, special or consequential loss; or
- or any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if YEAST BERLIN Limited has been expressly advised of the potential loss.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Nothing in these terms and conditions will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in these terms and conditions will exclude or limit YEAST BERLIN Limited’s liability in respect of any:
- death or personal injury caused by YEAST BERLIN Limited’s negligence;
- fraud or fraudulent misrepresentation on the part of YEAST BERLIN Limited; or
- matter which it would be illegal or unlawful for YEAST BERLIN Limited to exclude or limit, or to attempt or purport to exclude or limit, its liability.
You accept that, as a limited liability entity, YEAST BERLIN Limited has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against YEAST BERLIN Limited’s officers or employees in respect of any losses you suffer in connection with the mobile application.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these terms and conditions will protect YEAST BERLIN Limited’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as YEAST BERLIN Limited.
If any provision of these terms and conditions is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions.
You hereby indemnify YEAST BERLIN Limited and undertake to keep YEAST BERLIN Limited indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by YEAST BERLIN Limited to a third party in settlement of a claim or dispute on the advice of YEAST BERLIN Limited’s legal advisers) incurred or suffered by YEAST BERLIN Limited arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to YEAST BERLIN Limited’s other rights under these terms and conditions, if you breach these terms and conditions in any way, YEAST BERLIN Limited may take such action as we deems appropriate to deal with the breach, including suspending your access to the Beer Adventures app, prohibiting you from accessing the app, blocking computers using your IP address from accessing the app, and/or bringing court proceedings against you.
YEAST BERLIN Limited may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the Beer Adventures app from the date of the publication of the revised terms and conditions on the app. Please check this page regularly to ensure you are familiar with the current version.
YEAST BERLIN Limited may transfer, sub-contract or otherwise deal with YEAST BERLIN Limited’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions, together with our privacy agreement, constitute the entire agreement between you and YEAST BERLIN Limited in relation to your use of the Beer Adventures app, and supersede all previous agreements in respect of your use of the app.
LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with English law. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.