Terms and Conditions

Definitions 

 

  • The ‘Customer’ is anyone participating in the Refill scheme run by Refill. The customer may have a variety of transactions with Refill, the Service and the Refill Stations but their legal standing does not alter whichever role the customer takes. 
  • The terms ‘Company’  ‘Refill’ ‘us’ ‘our’ and ‘we’ refer to the project and the related Refill app which is a subsidiary of City to Sea CIC, the company number is 9948596 

and is registered at the following address:  

 

City to Sea C.I.C. 

Unit D 

Albion Dockside 

Hannover Place 

Bristol 

BS1 6UT 

 

  • ‘Refill Stations’ or ‘RS’ refers to the businesses who are providing free drinking water to the ‘Customers’ on behalf of the program organised by Refill. 
  • ‘Refill+ Stations’ are located in businesses with a Health and Hygiene certificate. Refill stations are not individually checked or tested by Water Companies prior to Refill status being granted, therefore we cannot guarantee water quality at the Refill tap. 
  • The Refill App, Refill Website, access to the Refill App / online account and any related web-based tool and related online content generated by and on behalf of Refill will be referred to as ‘The Service’ or The App. 
  • Partners are businesses and organisations that have entered into a commercial agreement with Refill. The degrees of partnership will vary with agreements between Refill and their Partners. 

 

Introduction 

Last updated: (06/08/2018)  

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.refill.org.uk website and the Refill App mobile application (the “Service”) operated by City to Sea CIC (“us”, “we”, or “our”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms.  

These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. 

 

General 

 

User Agreement 

  • The Customer is ultimately responsible and participates in Refill and all the associated activities at their own risk. 

 Refill stations are not individually checked or tested by Water Companies prior to Refill status being granted, therefore we cannot guarantee water quality at the Refill tap. 

The App and Service 

 

Privacy Policy 

See Below – this section is at the end of Terms and Conditions document. All our data is managed under strict adherence to GDPR guidelines. 

 

Hygiene, Refills and Prizes/Rewards  

Purchases If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your banking details. These will be protected at all times – please see our Privacy Policy. 

 

  • 1.1 The Refill Station (RS) agrees to provide the Refill Customer with clean and hygienic drinking water as they would a paying customer. The owner/occupier of the Refill station and subsequent plumbing system must ensure it legally complies with The Water Supply (Water Fittings) Regulations 1999. And must ensure it complies with the appropriate and up to date Regulations. 
  • 1.2 The RS is not responsible for any health effects of refilling at their business nor can or will they be held responsible for any potential or alleged spreading of illness outside of normal rules and guidelines that affect their business, hygiene regulations and health and safety legislation. 
  • 1.3 The User will keep their reusable bottle as hygienic as possible to avoid any chances of infection or illnesses. 
  • 1.4 The Company and the Service is not responsible for the quality of the water refill provided. Inclusion in the Refill app and map is not an indication that water quality at the Refill Station has been assessed. App users should report any concerns about water quality and hygiene to the Company (City to Sea/ Refill), who will pass details to the relevant water company for investigation.  

In the event a Water Quality complaint is received in relation to a Refill Station, the Refill station must cooperate fully with the respective Water Company during any root cause investigation. 

In the event of any alterations or extensions of the existing plumbing system, the owner/occupier has a legal duty, under Regulation 5 of the Water Supply (Water Fittings) Regulations to formally notify their local Water Company prior to undertaking the works. 

Refill stations must also ensure all fittings and materials installed or connected to the plumbing system are of an appropriate quality and standard (Regulation 4) and be suitable for the circumstances in which it is used. 

 

  • 1.5 Where applicable, the Customer will remove the lid/cap from their bottle prior to asking for a refill and will present the bottle to a member of the RS staff so that the lip of the bottle does not come into contact with the member of staff’s hands, clothing, jewelry etc. 

1.6 If a Refill Station is above an open drain or in the toilets, please report this to the Company and we will remove them.    • 2.1 The RS will treat the Customer with respect and courtesy. 

  • 2.2 The Customer agrees to treat the RS and staff with respect and courtesy. 
  • 2.3 If the business is too busy a RS may decline the Customer a refill. The App should allow the customer to find an alternative RS in close proximity. 
  • 2.4 Busy times at a RS/business may cause delay. This is understood by the Customer. 
  • 3 Any prize, reward or promotions contained on the Service shall also be governed by the particular terms and conditions for that prize promotion. 
  • 4 All information given by the Company and Refill applies to the UK only and is correct at the time of publication, but is subject to change without notice. It is not intended to give rise to any legally binding obligation and may not be considered to make any representation on any matter. 

 

Refunds and Replacements 

  • 5.1 No offer is permanent and offers and promotion can and will by their nature, change over time. Any physical rewards/prizes will be on a first claimed, first won basis. There are no automatic refunds, replacements or substitutions available unless stated clearly in offers terms and conditions. 
  • 5.2 Any prize promotions contained on the Service shall also be governed by the particular terms and conditions for that prize promotion. 
  • 5.3 All information given by the Company and Refill applies to the UK only and is correct at the time of publication, but is subject to change without notice. It is not intended to give rise to any legally binding obligation and may not be considered to make any representation on any matter. 

 

Lost Property 

  • 6.1 The Company, The Service and Refill Stations does not accept any responsibility for the loss, theft or damage to belongings of the Customer whilst participating in any act related to using the Service or in the act of Refill. Money and valuables should never be left unattended. 
  • 6.2 There might be a Lost Property facility at the Refill Stations but this is only ever dependent on the property being handed in. 
  • 6.3 The refillable bottle is the responsibility of the Customer at all times. 

 

Intellectual Property / Trademarks 

  • 7.1 The trademarks and logos (the “TradeMarks”) displayed throughout the App and on the Company’s related websites include the registered and unregistered trademarks of the Service and of other businesses.  
  • 7.2 At no times and in no places in these Terms and Conditions may it be construed as the Company granting any licence or right to use any of the TradeMarks without the prior written permission of Refill / the Company or other proprietor of the TradeMarks.  
  • 7.3 Any use of the TradeMarks or any other content on the App or related websites except as provided in these Terms and Conditions is strictly prohibited without a licensing agreement with the Company. 
  • 7.4 If any element of the content found on the App or on websites associated with the App or the Company are found to be copyright infringement, the Company will remove all the affected content. 

 

Website and App (and other forms of information) 

  • 8.1 The Company is not liable for loss of trade or refills if the App / Service is temporarily down, glitches or is not working correctly. 
  • 8.2 The Company is not liable if the App / Service is hacked or sabotaged. 
  • 8.3 The Company is not liable if the App / Service does not record the Refills. 
  • 8.4 Any communication or material you transmit to the Company via the App, by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, graphics or the like is, and will be treated as, non-confidential and nonproprietary but stands in line with our GDPR compliant privacy policy in respect of any personal information we receive from you.  
  • 8.5 Anything you transmit or post shall subject to the Company’s privacy policy become the exclusive property of and may be used in whole or in part by the Company or other members of the Company sub groups or on behalf of either at any time and for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, the Company is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Company or via the App for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. 
  • 8.6 Further to paragraph 8.5 above, depending on how you log on and register in order to submit your communication, your Facebook profile name, Google user-name or email user name (but not your email address) may be included with any internal Company publication or re-publication of the contents of your communication. The Company shall comply with the GDPR Privacy Policy outlines in these Terms. 
  • 8.7 The Service and the Company will not be liable for any damages or injury howsoever caused including, but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line failure. 
  • 8.8 The Company will not be liable for any damages or injury that result from the use of, or the inability to use, the materials relating to the Service and the ‘Company’ no matter how this may be caused. 
  • 8.9 The Company is not responsible for any information not entered by Company employees affecting any element or related materials associated with the Service. 
  • 8.9.1 The Refill Station management/owners will provide business information and an image that is not deemed offensive, inciteful or provocative. This will be displayed on the Service and Website. 
  • 8.9.2 The ultimate responsibility for information regarding the RS will lie with the RS who should ensure all information provided and listed is accurate. Any deliberate misinformation or false information entered by a customer could result in termination of the customer’s account for the Service and the Company holds no legal responsibility for such actions. 

 

Limitation of Liability 

 

Indemnity 

  • 9.1 The Customer is ultimately responsible and does so at their own risk. 
  • 9.2 The Customer shall indemnify and keep the Company indemnified against all loss, damage, claims, costs or expenses, howsoever arising, including the negligence of the Company, in respect of any damage or loss of every nature beyond the liability of the Company under these Conditions. 
  • 9.3 The Customer shall indemnify and keep the Refill Station indemnified against all loss, damage, claims, costs or expenses, howsoever arising, including the negligence of the Refill Station, in respect of any damage or loss of every nature beyond the liability of the Refill Station under these Conditions. 
  • 9.4 Water companies are responsible for monitoring Water Quality up to the highway boundary and internally to the mains water tap.   However, it is the legal responsibility of the owner/occupier of the Refill station to ensure their plumbing system complies legally with the Water Supply (Water Fittings) Regulations 1999 and as such does not cause waste, misuse, undue consumption, erroneous measurement or contamination of the drinking water supply. 
  • 9.5If a water company ‘enforcement’ or ‘do not drink’ notice is served on a premise signed up as a Refill Station, the water company will inform City to Sea and that premises will be removed from the Refill app until such a time as the water company is satisfied that all outstanding water quality and hygiene issues are resolved. As would be the case if the business was not a Refill station but offered tap water. 

 

Termination Clauses 

  • 10.1The Service will be monitored and users and RS may report activity to monitors, this may result in a number of potential actions from warnings to termination of the Customer’s account for the Service.  
  • 10.2Any deliberate misinformation or false information entered by a customer could result in termination of the customer’s account for the Service and the Company holds no legal responsibility. 
  • 10.3Users agree to post accurate reviews and ratings. 
  • 10.4Misuse of the rating system will result in a warning/suspension or an outright ban from the Service. 
  • 10.5Recording false refills using the Service or attempting to get un-earned Refill points may result in a warning/suspension or an outright ban from the Service. 
  • 10.6Sabotage of the Refill app will result in a warning/suspension or an outright ban from the Service. 
  • 10.7Following a ban from the use of the Service, the Customer may not apply for a new account under a different guise or email account unless they have express permission from the Company. 

 

Governing Law 

  • 11Any use of the Service – Refill Scheme – and participation by all parties shall be subject to the laws of England and any dispute arising from such use or otherwise in connection with the Company or Service shall be subject to the exclusive jurisdiction of the courts of England. 

 

Changes  

  • 12We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.  

Contact Us If you have any questions about these Terms, please contact us at:  

 

City to Sea C.I.C. 

Unit D 

Albion Dockside 

Hannover Place 

Bristol 

BS1 6UT 

 

     

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