Terms and Conditions
REFILL
Studio 5 York Court,
Wilder Street,
Bristol
BS2 8QH
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 products or services the customer selects.
The terms ‘Company’ ‘Refill’ ‘us’ ‘our’ and ‘we’ refer to the project and the related Refill app, which is a project and brand name of City to Sea CIC, a community interest company limited by shares, the company number is 09948596 and is registered at the following address: Studio 5 York Court, Wilder Street, Bristol, BS2 8QH.
‘Refill Stations’ or ‘RS’ refers to the independent suppliers and businesses who are providing free drinking water to the ‘Customers’ on behalf of the program organised by Refill. In participating areas certain Refill Stations will also provide food and/or beverages (hot and cold), the Refill Stations charges for these items shall apply but food and drink packaging will be avoided or reduced.
‘Refill Stations’ are located in businesses licensed to operate by the local authority in that region. Refill stations are not individually checked or tested by City to Sea or Water Companies prior to Refill status being granted, therefore we cannot guarantee and shall have no liability for water quality at the Refill tap and any liability for water quality lies with that Refill Station. In areas where the Refill Stations provide refills of food and beverages their operations are supervised by the local authority. Refill stations participating in food and beverage refills are not individually checked or tested by City to Sea prior to Refill status being granted, therefore we cannot guarantee and shall have no liability for food or beverage quality at the Refill Station and any liability for the quality of their products lies with that Refill Station.
The Refill App, Refill Return Partner 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 and their terms and participation will vary with agreements between Refill and their Partners.
INTRODUCTION
Last updated: (08/06/2023)
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 (crn 09948596) (“us”, “we”, or “our”). Your access to and use of the Service is conditional on your acceptance of and continued 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 City to Sea or Water Companies prior to Refill status being granted, therefore we cannot guarantee water quality at the Refill tap. Any liability is with the business or water supplier. If the Refill Station is participating in food and beverage refills, then liability for the quality of their products and services also remains with the relevant business and City to Sea shall bear no liability in that respect.
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 relevant data protection legislation.
1. 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 name and contact 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 a water, hot drinks, food or grocery, health and beauty or cleaning refill 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 if offering water Refills. And must ensure it complies with the appropriate and up to date Regulations.
1.2 The RS abides by the normal rules and guidelines that affect their business, hygiene regulations and health and safety legislation.
1.3 The User is responsible for their reusable container hygiene to avoid any chances of damage, injury, infection or illnesses.
1.4 App users should report any concerns about water quality or product and hygiene to the relevant water company or local authority for investigation.
1.5 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.
1.6 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.
1.7 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, jewellery etc.
1.8 If a Refill Station is above an open drain or in the toilets or otherwise unsanitary, please report this to Us and we will remove them.
1.9 The RS will treat the Customer with respect and courtesy.
1.10 The Customer agrees to treat the RS and staff with respect and courtesy.
1.11 If the business is too busy an RS may decline the Customer a water refill. The App should allow the Customer to find an alternative RS in close proximity.
1.12 Busy times at an RS may cause delay. This is understood by the Customer.
1.13 Any prize, reward or promotions contained on the Service shall also be governed by the particular terms and conditions for that prize promotion.
1.14 All information given by the Company and Refill applies to the UK and countries with a live Refill Scheme 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
2.1 No offer is permanent and offers and promotion can and will by their nature, change over time. We will endeavour to highlight any changes via our website or notifications via the App. 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.
2.2 Any prize promotions contained on the Service shall also be governed by the particular terms and conditions for that prize promotion.
2.3 All information given by the Company and Refill applies to the UK and countries with a live Refill Scheme 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
3.1 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.
3.2 There might be a Lost Property facility at the Refill Stations, but this is only ever dependent on the property being handed in.
3.3 The refillable bottle is the responsibility of the Customer at all times.
- INTELLECTUAL PROPERTY / TRADEMARKS
4.1 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.
4.2 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 proprietors of the Trademarks.
4.3 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.
4.4 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)
5.1 The Company is not liable for loss of trade or refills if the App / Service is temporarily down, ‘bugs/glitches’ or is not working correctly.
5.2 The Company is not liable if the App / Service is hacked or sabotaged though we will take all reasonable steps to ensure that the App/ Service is secure and compliant with data protection legislation.
5.3 The Company is not liable if the App / Service does not record the Refills.
5.4 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 non-proprietary but stands in line with our privacy policy in respect of any personal information we receive from you.
5.5 Anything you promote or post online shall subject to the Company’s fair use and/ or 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 social media 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 services and products using such information.
5.6 Further to paragraph 5.5 above, depending on how you log on and register in order to submit your communication, your Facebook profile name, Google username or email username 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 referenced in these Terms.
5.7 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. The Service and Company accepts liability for any loss or damage caused as a result of you using a Refill Station.
5.8 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.
5.9 The Company is not responsible for any third-party information contained in our site or App affecting any element or related materials associated with the Service.
5.10 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.
5.11 The ultimate responsibility for information regarding the RS will lie with the RS who should ensure all information provided and listed is accurate and up to date. Any deliberate offensive or otherwise prohibited content, 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
6.1 The Customer is ultimately responsible for their use of the Service and does so at their own risk.
6.2 The Customer shall indemnify and keep the Company indemnified against all loss, damage, claims, costs or expenses, howsoever arising, arising as a result of their breach of these terms or misuse of the Service or App.
6.3 The Customer shall indemnify and keep the Refill Station indemnified against all loss, damage, claims, costs or expenses, howsoever arising, as a result of their breach of these terms or misuse of the Service or App.
6.4 Water companies are responsible for monitoring Water Quality up to the highway boundary and internally to the mains water tap of a business. 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.
6.5 If 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. The RS will remove the sticker from their station.
6.6 The local authority in which the RS operates is responsible for monitoring the compliance of the RS with their environmental health and hygiene compliance. However, it is the legal responsibility of the owner/occupier of the Refill station to ensure their food and beverages complies with the relevant food safety, hygiene, quality and other relevant legislation and guidance.
6.5 We will use our reasonable endeavours to liaise with local authorities so that if any notice is served on a premise signed up as a Refill Station, the local authority will inform City to Sea and that premises will be removed from the Refill app until such a time as the local authority is satisfied that all outstanding food safety, quality and hygiene issues are resolved. The RS will remove the sticker from their station during any suspension.
6.7 Refill Stations will inform City to Sea immediately if any notice or complaint is received relating to their water supply, food or beverages and in the event that there is a change of ownership of the RS.
7. TERMINATION CLAUSES
7.1 The Service will be monitored, and users and RS may report activity to Us, this may result in a number of potential actions from warnings to termination of the Customer’s account for the Service.
7.2 Any harmful, offensive or 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 termination or suspension.
7.3 Users agree to post accurate reviews and ratings.
7.4 Misuse of the rating system will result in a warning/suspension or an outright ban from the Service.
7.5 Recording 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.
7.6 Sabotage, unauthorised access or misuse of the Refill app will result in a warning/suspension or an outright ban from the Service.
7.7 Following a ban from the use of the Service, the Customer may not apply for a new account under a different identity, guise or email account unless they have express permission from the Company.
- GOVERNING LAW
8.1 Any 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
9.1 We 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.