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Introduction

The purpose of Club Soda is to help you change your drinking habits. We offer this website (the “Site”) to provide you with information, services and facilities about Club Soda and its related projects and initiatives. By accessing any of the pages on the Site and/or using any of the services available on the Site you agree to comply with the Terms & Conditions set out below, or as otherwise amended at the time of your visit to and/or use of the Site. If you do not agree with these Terms & Conditions do not make any use of the Site and you should leave the Site immediately.

1. Definitions

Blogs” means those blogs featured on the Site form time to time.

Club Soda” means Club Soda Limited, a limited company (registered company no. 08962532) having a registered office at 30 Opus Studios, 214 Plaistow Road, London E13 0AQ, United Kingdom. References to “we”, “us” and “our” should be construed as references to Club Soda Limited.

Content” has the meaning given to such term in clause 6.1 below.

Expert Information” means all information of any kind made available through the Site by Expert Members including pages, blogs, comments, electronic messages, and any other written information.

Expert Members” means those persons and companies made available through the Site and who publish information on the Site as “experts” and who have been appointed as such by Club Soda.

My Activity” has the meaning given to such term in the Introduction above.

Perk Provider Information” means all information of any kind made available through the Site by Perk Providers and including, without limitation, advertisements, offers and discount deals published or otherwise promoted on the Site.

Perk Providers” means those persons that provide advertisements, offers, discounted deals or other inducements through the Site.

Site” has the meaning given to such term in the Introduction above.

Third Party Sites” has the meaning given to such term in clause 10.3 below.

2. Applicable terms and conditions

The Site is owned and operated by Club Soda and any use made of the Site (including registrations and subscriptions made by the Site) are subject to these Terms and Conditions.

Club Soda may, at its sole discretion, modify or revise the Terms and Conditions at any time by updating the text of this page and such amended and restated shall be binding upon you as regards your use of the Site from such date.

You may use the Site in accordance with these Terms and Conditions, our Club Rules and in all cases and at all times for lawful purposes and in compliance with all applicable laws, regulations and codes of practice in the UK or in any other jurisdiction from where you access the Site. For the avoidance of doubt the Terms and Conditions form the legal basis of your use of the Site and in the event of any inconsistency between these Terms and conditions and the Club Rules, or any other provisions listed on the Site, these Terms and Conditions shall prevail.

2.1 Unacceptable use

You agree not to use the Site or any part of it to:

(a) post, upload, e-mail or otherwise transmit any material, the publication, dissemination, use or possession of which infringes the rights of any person or which is unlawful in any other respect;

(b) in any manner which could damage, disable, overburden, or impair the Site;

(c) make available personal data about any person other than yourself, or to collect or store personal data about other users;

(d) obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site;

(e) impersonate any other person or entity (including, but not limited to, a Club Soda staff member, agent or representative, member, or expert member) or to provide false or inaccurate information;

(f) promote any discrimination based on race, ethnic origin, nationality, sex, gender, religion, disability, sexual orientation or age, or act in any way which is threatening, harmful, abusive, defamatory, sexually orientated, hateful, invasive of another’s privacy or obscene, or which will (or potentially will) harass, distress, embarrass or inconvenience or be objectionable by any person or which might restrict or inhibit the use and enjoyment of the Site by any person;

(g) post, upload, e-mail or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial exploitation;

(h) post, upload, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment;

(i) create a database (electronic or otherwise) that includes Content;

(j) transmit or re-circulate any Content to any third party; or

(k) bring (or act in any way that might bring) Club Soda into disrepute.

2.2 Breaches of acceptable use

Although we do not actively moderate the Site, when issues are brought to our attention we will determine whether there has been a breach of these Terms and Conditions. When we decide that such a breach has occurred or inappropriate material has been posted, we may take any action as we deem appropriate, including, for example, withdrawing your right to use our site; removing any posting or material you have uploaded to our site; taking legal action against you; or disclosing such information to law enforcement authorities as we reasonably feel is necessary.

2.3 Commercial and illegal use

You shall not use the Site to promote, advertise or otherwise encourage the acquisition or purchase of goods and/or services unless permitted to do so as an Expert Member or Perk Provider with the express written permission to do so by Club Soda.

You agree not to distribute illegal materials of any kind. This includes images, text or graphics. Also, joining or starting discussions about the intention to commit illegal acts is not allowed.

3. Posting material to the Site

3.1 Your use of the Site is expressly subject to these Terms & Conditions (including in particular, but not limited to, clause 2 and this clause 3) and any other guidance, instructions or rules that we may make available on the Site.

3.2 You acknowledge that you are entirely responsible for all material that you upload or post on the Site.

3.3 You further acknowledge that Club Soda does not pre-screen, edit or monitor the content posted by the Site’s users, but that we (and people designated or authorised by us) shall have the right (but not the obligation) in our sole discretion and without prior warning or notice to refuse or remove any material that is posted on or submitted, uploaded or otherwise transmitted to the Site, or close or suspend a user’s access to the Site. Without limiting the foregoing, Club Soda and its designees shall have the right to remove any material from the Site that is contrary to these Terms & Conditions or is otherwise objectionable, whether by reference to these Terms & Conditions, the Club Rules or otherwise.

3.4 If anyone is concerned about material posted on the Site or becomes aware that any material on the Site or any activities carried out on the Site, are offensive, unlawful, are contrary to these Terms & Conditions or the Club Rules or infringe any third party rights in any way, please send a message to us by e-mail using this address: laura@joinclubsoda.co.uk. We shall then act to remove any such material or to disable access to the material, or use reasonable endeavours to otherwise deal with the concern however we see fit in our sole discretion (as the case may be).

3.5 You acknowledge and agree that we are not obliged to enter into any discussion following the removal of any material from the Site, or any other action we may take under or with reference to these Terms & Conditions.

3.6 By submitting messages, suggestions or material to the Site you are granting Club Soda a non-exclusive irrevocable royalty-free licence to reproduce, modify, translate, make available, distribute and sub-license the message, suggestion or material (as the case may be) in whole or in part and in any form (now known or later developed) anywhere in the world. We will always fully respect your privacy however, in accordance with our Privacy Statement in place at the time.

3.7 By submitting any messages, suggestions or material to the Site you agree that we may use those messages, suggestions or materials for any purpose and in any way that we choose.

3.8 By submitting any messages, suggestions or material to the Site you waive all of the moral rights that you may have under Chapter IV of the of the Copyright, Design and Patents Act 1988 in respect of any such message, suggestion or material.

3.9 You acknowledge that Club Soda may establish general practices and limits concerning the use of the Site, including (but not limited to) the maximum number of days that material on the Blogs will be retained by the Site. You agree that we have no liability for the deletion or failure to store any messages, suggestions, material or other communications maintained on or transmitted to the Site.

4. Disclaimer

Club Soda does not replace medical advice

4.1 The Site is intended to provide general information only. You should seek appropriate professional advice before taking or refraining from taking any action in reliance on any information contained in this Site. So far as permissible by law, Club Soda does not accept any liability to any person relating to the use of any such information.

4.2 Whilst Club Soda has taken every precaution in compiling this Site neither it nor any contributors to the Site can be held responsible for any action (or the lack thereof) taken by any person or organisation wherever they shall be based, as a result, direct or otherwise, on information contained in or accessed through the Site.

Club Soda does not accept any responsibility for any online or offline interactions between members.

4.3 You assume all risk when using the Site, including but not limited to all of the risks associated with any online or offline interactions with others. You agree to take all necessary precautions when meeting individuals through the Site. In addition, you agree to take all reasonable precautions when meeting others through the Site

5. Registration

5.1 Signing up

To use the Site you must first register by signing up. By registering, you agree that we may provide you with information about Club Soda (whether by email or any other medium) that we consider appropriate. You may opt out of receiving these materials by writing to or emailing us to inform us that you wish to be removed from our contact list. For some features the easiest way of opting out is to do this online yourself.

5.2 Age limit and account types

Some content and discussions are likely to be inappropriate for younger web users. For this reason, in order to join Club Soda you must be at least 18 years old, and by signing up to the Site you are representing to Club Soda that you are, in fact, over 18 years of age.

5.3 Passwords and security

In order to register with us and become an account holder, you will be invited to provide a password, a user name and an email address. You are responsible for maintaining the confidentiality of your password and account. You will never be required to reveal your password to any representative or agent of Club Soda. You are entirely responsible for any and all activities that occur under your account.

You agree to notify Club Soda immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for loss or damage incurred by us or another party due to someone else using your account or password. You may not use anyone else’s account at any time. If you think that someone else has access to your password you should change it immediately.

6. Copyright and other rights

6.1 All copyright and all other intellectual property rights (including, but not limited to, copyright) in all information, text, data, graphics, links, computer code, images, sound, software, service marks, logos and other materials on the pages of the Site (the “Content“) are owned by Club Soda, or are reproduced on the Site with permission of the relevant rights owner.

6.2 The Content may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without Club Soda’s prior written consent, except as stated in the paragraph below.

6.3 You may read, view, print, download and (where appropriate) listen to the Content of an individual page for private and personal non-commercial use only PROVIDED THAT all copyright, trade mark and other proprietary notices contained in the original Content on any copy of such Content is retained, but you may not make more than one (1) copy electronically or otherwise of any of the Content and you may not re-copy or further distribute, sell, publish or transmit any part of the Content by electronic or any other means.

6.4 You agree not to sell, resell, supply or otherwise make the Content or extracts or other information derived therefrom available in any manner or on any media whatsoever to any third party without the express prior written consent of Club Soda.

6.5 The names, images and logos identifying Club Soda, its projects, products and services, or those of third parties, are the proprietary marks of Club Soda, and/or may be the proprietary marks of third parties. Any use made of these marks may be an infringement of rights in those marks and Club Soda reserves all rights to enforce such rights that it might have.

7. Accessing expert members and perk providers

7.1 You accept that the Site and all information published on it is purely a directory of counsellors, psychotherapists and other professionals and services, published for information to the public and does not in any way constitute a reference, validation or in any way an endorsement of any information to You, or any recommendation or endorsement of the Expert Members or Perk Providers or services offered by the Expert Members or Perk Providers. An entry does not mean Club Soda endorses the qualifications or professionalism of the Expert Member or Perk Provider.

7.2 You accept that the Content is provided by the Expert Members or Perk Providers to the Site. Whilst Club Soda will use all reasonable endeavours to ensure that the Expert Member Information and Perk provider Information is correct and up to date at the time, the liability for providing accurate information remains on the Expert Member or Perk Provider, and Club Soda specifically and expressly does not accept any liability for the accuracy of such information.

7.3 You accept that it is your duty to verify the Content before relying on it.

7.4 You further accept that Club Soda shall bear no liability or responsibility for advice or counselling given by any Expert Members or Perk Providers or actions taken by you as a result of that advice or counselling.

7.5 Club Soda is not responsible for any content or information published or links to other website which may appear on the Site.

7.6 The information displayed by Club Soda on the Site is a directory for information only. It is not intended in any way to be a substitute for medical advice or advice by any other healthcare professional. Club Soda is not responsible for any decisions or diagnoses which might claim to come by based upon any content published on the Site.

7.7 You agree that the Site is provided for personal use only for those wishing to engage the services of an Expert Member or Perk Provider. You agree not to use the Site for commercial purposes, including but not limited to contacting Expert Members or Perk Providers to promote any goods or services.

7.8 You accept that ownership of all intellectual property rights in the Expert Information and Perk Provider Information remain with the Expert Member or Perk Provider (as appropriate) and cannot be transferred to you or Club Soda under any circumstances.

7.9 Notwithstanding that you accept that Club Soda has not validated, endorsed or accepted liability for the Content. If you have any matters which you would wish to bring to the attention of Club Soda following your contact with any of the Expert Members or Perk Providers, these may be put forward to Club Soda. You also understand that, should Club Soda receive any complaint from you, Club Soda is entitled to request further information from you, but is not under any obligation to investigate further or to take any particular action, or at all, against the particular Expert Member or Perk Provider. Club Soda shall have the right to send a copy of any complaint to the Expert Member or Perk Provider concerned, and have the right to remove an Expert Member or Perk Provider. Complaints should be made in writing, and either emailed to laura@joinclubsoda.co.uk or posted to Club Soda 30 Opus Studio’s, 214 Plaistow Rd, London, E13 0AQ.

7.10 Your use of the Site is at your sole risk. The Content has been included in good faith and is only for your general information and is for non-commercial use. In particular, the Content does not constitute any form of advice, recommendation or arrangement by Club Soda and is not intended to be relied upon by users in making (or refraining from making) any specific decisions or to be a substitute for obtaining professional advice. YOU ARE RESPONSIBLE FOR CHECKING THE ACCURACY OF RELEVANT FACTS AND OPINIONS GIVEN ON THE SITE BEFORE ENTERING INTO ANY COMMITMENT OR TAKING ANY OTHER FORM OF ACTION OR INACTION BASED UPON THEM. CLUB SODA DOES NOT REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY OR RELIABILITY OF POSTINGS SUBMITTED BY USERS, OR ENDORSE ANY OPINIONS EXPRESSED BY USERS. All conditions, warranties, terms and undertakings express or implied statutory or otherwise in respect of the provision of the Content and the Site are excluded to the fullest extent permitted by law.

7.11 The Content may contain inaccuracies or typographical errors. Club Soda makes no representations about the reliability, availability, timeliness and accuracy of the Content. Club Soda does not warrant that the Site will be free of viruses or other harmful components.

7.12 The Site contains links to other websites of our Expert Members and other companies, charities or other organisations and individuals, whether affiliated with us or not (“Third Party Sites”). Club Soda neither endorses nor takes responsibility for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites. If you decide to use these links to access Third Party Sites you do so entirely at your own risk. By clicking on these links and accessing these Third Party Sites, you will be leaving our Site. Some of these links may be added by users and we are not in a position to verify every link posted on our site.

7.13 The Site may be accessed through third party links over which we have no control. We make no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party link does not imply an endorsement or recommendation by Club Soda. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

7.14 Save as expressly provided for in these Terms & Conditions, Club Soda shall not be liable for any direct, indirect or consequential loss or damage (including, without limit, loss of property or profit, business revenue or opportunity or anticipated savings and loss of or damage to any data) or for any costs, claims or demands of any nature whatsoever arising directly or indirectly out of the use of or access to the Site, Rooms, Content or any part thereof or in respect of any defect therein or any failure to provide or the late delivery of the same howsoever arising. Club Soda does not exclude its liability for death and personal injury caused by its negligence.

7.15 You agree to indemnify and hold Club Soda and its officers, employees and agents harmless from any claim or demand made by any third party due to or arising from your use of the Site (including, but not limited, your use of the Blogs).

8. Privacy Policy

8.1 Any information that you provide about yourself to Club Soda will only be used by Club Soda in accordance with its Privacy Policy and by using this Site you consent to our use of data collected on this Site in the manner set out in the Privacy Policy.

8.2 We may use cookies on the Site (see the Privacy Policy for further details).

9. Changes to these Terms & Conditions, and amendments to the Content

Club Soda reserves the right, at its discretion, to make changes at any time to any part of the Site and any other services it offers. Due to our policy of updating and improving the Site, Club Soda may wish to change these Terms & Conditions from time to time and you agree to be bound by the Terms & Conditions which apply at the time of your use of the Site and any other Club Soda services.

10. General notes and communications

10.1 These Terms & Conditions shall be governed by, and construed in accordance with, English law and you and Club Soda irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the same or the legal relationship established by them or any use of the Site or related products and services and including the construction of this relationship.

10.2 If any provision of these terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect.

10.3 Failure by either party to exercise any right or remedy under these terms does not constitute a waiver of that right or remedy. Headings in these terms are for convenience only and will have no legal meaning or effect.

10.4 If we fail, at any time during the term of your use of our site, to insist upon strict performance of any of your obligations under these terms of use, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms of use, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the methods specified below.

10.5 When using the Site, you accept that communication with us will be mainly in electronic format. We will contact you by email or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

10.6 All notices given by you to us, including any complaints that you might have about our site, must be given to Club Soda Limited at 30 Opus Studios, 214 Plaistow Road, London E13 0AQ, United Kingdom or by email to laura@joinclubsoda.co.uk. We may give notice to you at either the email, telephone number or postal address you provide to us when you become an account holder, or in any of the ways specified in the above paragraph.

Last reviewed: 13/9/2017; Last modified: 13/9/2017