Terms and Conditions
Last updated: 31st January 2019
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.
‘Refill Stations’ 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 Food Hygiene certificate. Refill Stations are not individually checked or tested by water companies or City to Sea prior to Refill Station 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 a partnership will vary with agreements between Refill and their Partners.
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.
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 or City to Sea prior to Refill Station status being granted, therefore we cannot guarantee water quality at the Refill tap.
1 Hygiene and Water Quality
1.1 The Refill Station agrees to provide the Refill Customer with clean and wholesome drinking water as they would a paying customer. The owner/occupier of the Refill Station and subsequent plumbing system and water fittings must ensure it fully complies with the requirements of the Water Supply (Water Fittings) Regulations 1999 and any other relevant regulations that apply. Water companies may occasionally carry out inspections on any premises, whether or not the premises is a Refill Station, to check compliance with regulations.
1.2 Where a water company identifies infringement of the Regulations, the water company shall notify City to Sea on the seriousness of those infringements identified. In the first instance, whilst works are being carried out by the owner/occupier the Refill Station must inform the customer of any temporary unavailability of water for Refill. Depending on the seriousness of the contraventions identified this may also result in immediate removal from the Refill scheme and app.
- The User will keep their reusable bottle as hygienic as possible to avoid any chances of infection or illnesses.
- The Company and the Service
isnot 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. If a Water Quality failure is reported, Water companies will carry out a reactive investigation and inform the Refill Station, City to Sea and the Water Retailer of their findings.
- 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.
- 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.
- 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 Refill Station will treat the Customer with respect and courtesy.
2.2 The Customer agrees to treat the Refill Station and staff with respect and courtesy.
2.3 If the business is too busy a Refill Station may decline the Customer a refill. The app should allow the customer to find an alternative Refill Station in close proximity.
2.4 Busy times at a Refill Station may cause delay. This is understood by the Customer.
3 Prizes, Rewards and Promotions
3.1 Any prize, reward or promotions contained on the Service shall also be governed by the particular terms and conditions for that prize promotion.
4 Refunds and Replacements
4.1 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.
4.2 Any prize promotions contained on the Service shall also be governed by the particular terms and conditions for that prize promotion.
4.3 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.
5 Lost Property
5.1 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
5.2 There might be a Lost Property facility at the Refill Stations but this is only ever dependent on the property being handed in.
5.3 The refillable bottle is the responsibility of the Customer at all times.
6 Intellectual Property / Trademarks
6.1 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.
6.2 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
6.3 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.
6.4 If any element of the content found on the App or on websites associated with the App or the Company
7 Website and App (and other forms of information)
7.1 The Company is not liable for loss of trade or refills if the App / Service is temporarily down, glitches or is not working correctly.
7.2 The Company is not liable if the App / Service is hacked or sabotaged.
7.3 The Company is not liable if the App / Service does not record the Refills.
7.7 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.
7.8 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.
7.9 The Company is not responsible for any information not entered by Company employees affecting any element or related materials associated with the Service.
7.10 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.
7.11 The ultimate responsibility for information regarding the Refill Station will lie with the Refill Station 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.
8 Limitation of Liability / Indemnity
8.1 The Customer is ultimately responsible and participates in Refill and all associated activities at their own risk.
8.2 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.
8.3 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.
8.4 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.
8.5 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.
9 Termination Clauses
9.1 The 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.
9.2 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.
9.3 Users agree to post accurate reviews and ratings.
9.4 Misuse of the rating system will result in a warning/suspension or an outright ban from the Service.
9.5 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.
9.6 Sabotage of the Refill app will result in a warning/suspension or an outright ban from the Service.
9.7 Following 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.
10 Governing Law
10.1 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.
11.1 We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is
If you have any questions about these Terms, please contact us at:
City to Sea C.I.C.