TERMS AND CONDITIONS

Welcome to the Think Gin Club (the “Site”). This Site is maintained and operated by Think Club Limited trading as Think Gin Club (“TGC” or “Company”). We are registered in England and Wales under number 10332802. Our registered office is at : 15 Chancerygate Business Park, Manor House Avenue, Southampton, Hants, SO15 0AE.

By accessing, browsing or using this Site, you acknowledge that you have read and agreed to be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, you should not use or access this Site. TGC reserves the right to revise these Terms at any time by updating this posting, but will not change these Terms in relation to orders which have been placed and acknowledged by TGC before the change is made. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. By agreeing to these Terms it also constitutes your agreement to the Site Privacy Policy which is incorporated herein.

By accessing or using any part of the site, you accept, without limitation or qualification, these Terms. If you do not agree with all of the Terms set forth below, you may not use any portion of the site. Price information found on this site is subject to change without notice. TGC reserves the right to change these Terms and Conditions of Use at any time without notice, but will not change these Terms in relation to orders which have been placed and acknowledged by TGC before the change is made.

We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.

1. Use of the Site

You may use the Site only for your own non commercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. Any other use of the Site requires the prior written consent of TGC. You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of TGC. You may not modify, publish, transmit, participate in the transfer or sell, create derivative works from, or in any way exploit, any of the content, in whole or in part, found on the Site.

We require all Members to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:

• Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity
• Posting any information which is untrue, inaccurate or not your own or which is defamatory, derogatory, fraudulent, degrading, abusive, hateful, false, misleading, inaccurate, untrue, malicious, offensive, harassing, threatening, racist, obscene, vulgar, indecent, pornographic or of a sexual nature
• Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation
• Attempting to interfere in any way with the Site’s or TGC’s network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalogue, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without our prior written consent.

2. Registration and Passwords

In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords. We may suspend or terminate your access at any time with or without notice.

3. Additional Terms and Conditions

You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to Privacy Policy.

4. Membership

The Site is available to registered users who are 18 years and older and who have not been suspended or removed by TGC for any reason. We reserve the right to revoke your membership for any reason at any time including as a result of a violation of these Terms or the Privacy Policy, without notice. Where we revoke your membership, this will not affect current orders which we have acknowledged unless we revoke as a result of your breach of these Terms or the Privacy Policy or any other guidelines or rules, in which case we may terminate all existing orders and will not be obliged to make any refund. In event that we revoke your subscription membership, you will be reimbursed any subscription fees on a pro rata basis. Membership is void where prohibited by law.

4.1 – Age Restrictions

4.2 In the UK it is illegal for:

4.2.1 any person under the age of 18 to buy (or to attempt to buy) alcohol for themselves or for any other person under the age of 18; and

4.2.2 an adult to buy (or to attempt to buy) alcohol for any person under the age of 18.

4.3 You may only purchase an alcoholic Product from us if you are:

4.3.1 at least 18 years old;

4.3.2 not buying that Product for any person or persons under the age of 18; and

4.3.3 of legal age to purchase alcohol both in the country where you place the order and the destination country.

You must check with the local authorities in the country where you place the order and the destination country to ensure that you will not be breaking any law or regulation by ordering alcohol from us. By placing an order to purchase a Product, you promise to us that it is lawful for you to order the relevant Product in the country where you place the order and for the recipient to receive the relevant Product in the destination country. If you breach this promise we may end the contract and charge you reasonable compensation for the net costs which we incur. We may deduct the compensation payment from the bank account which you used to pay for the Product. We may make that deduction from that bank account in more than one payment.

5. Orders and Contracts

TGC Membership Packages (“Memberships”) may be ordered by clicking on the Membership you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Submit Order” or equivalent button on the checkout page.

Your order constitutes an offer to TGC to buy a Membership. All orders are subject to acceptance by TGC. TGC is not obliged to accept your order and may, in its discretion, decline to accept any order. Where TGC accepts your order, it will confirm such acceptance to you by sending you an email that confirms that TGC has recognized your purchase of a Membership.

By purchasing a Think Gin Club Membership you acknowledge that your Membership has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive monthly periods, at the original subscription rate. Your credit/debit card will be subsequently charged on the 21st of every calendar month. Any Membership cancellations need to be done prior to 5pm GMT on the 17th of the month you wish to cancel. To cancel your subscription at any time, you must email us at members@thinkginclub.com. We will respond to you in a timely manner with confirmation of your cancelation. If you cancel, you may use your subscription until the end of the month. TGC may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method.

The price of a monthly Membership includes our featured Gin of the Month, a free gift, ‘High Spirits’publication and free delivery. The price of £40 includes £6 VAT.

We reserve the right to revoke your subscription at any time as a result of a violation of these Terms or the Privacy Policy. Membership is void where prohibited by law.

6. Member Rights and Cancellations

You may cancel your month-to-month Membership before the 17th of each month by contacting TGC through the email address and procedure specified in our FAQ TGC will not refund any months for a month in which the Membership bottle has already been sent. Members that subscribe to the Think Gin Club with any type of discount may not re-register for membership with a discount in the following manner:

• Monthly Memberships originating with a discount can not be cancelled and renewed with a discount within a twelve (12)-month period
• Bi-Monthly Memberships originating with a discount can not be cancelled and renewed with a discount within a twenty-four (24)-month period
• Quarterly Memberships originating with a discount can not be cancelled and renewed with a discount within a thirty-six (36)-month period

Gift Memberships may not be cancelled. Discounts for recurring memberships do not apply to Gift Memberships.

If you receive a damaged or broken bottle, you may follow the procedure specified in our FAQ for declaring your damaged or broken bottle. Refund declarations must be made within 24 hours of receiving your bottle. TGC will send you a replacement bottle of the same craft gin. TGC does not refund damaged or broken bottles. TGC reserves the right to dispute the reception of a damaged or broken bottle.

TGC’s shipping partners normally alert TGC in the event of a broken bottle before it is delivered. If this occurs with your bottle, TGC will send you a new bottle as soon as possible.

7. Proprietary Rights

You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of TGC or our partners and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. TGC and the TGC logo are registered trademarks (applied for). All other trademarks are the property of their respective owners. All of our Site’s content is the property and copyright of the Think Gin Club. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by The Think Gin Club and its affiliates.

8. Submitted Content

By submitting or posting any materials or content on the Site, you grant TGC a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works on our websites and apps and in any other materials or medium, and sublicense such materials or any part of such materials. This means, for example, that we can continue to use and display that content even if you ask us to remove it or after your registration or subscription has ended. If you do not want to grant TGC the rights set out in this paragraph, please do not submit your content to us. You confirm that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant TGC the license specified above. You also confirm that any materials you provide will not contain libellous or otherwise unlawful, abusive or obscene material. TGC will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or payment to you. To the extent permitted by applicable law, you agree to waive all moral rights in any content that you post or send whilst using the Services, including the right to be identified as the author of such content.

TGC reserves the right to use content that you post to social media that specifically concerns or references TGC, its partners and the products it offers. This content may be shared by TGC on its own social media properties, with third-parties, and on the Site.

Review Guidelines

• TGC values your feedback. When writing your review, please consider the following guidelines:
• Focus on the product and your individual experience using it
• Provide details about why you liked or disliked a product
• We reserve the right not to post your review if it contains any of the following types of content or violates other guidelines:
• Obscenities, discriminatory language, or other language not suitable for a public forum
• Advertisements, “spam” content, or references to other products, offers, or websites
• Email addresses, URLs, phone numbers, physical addresses or other forms of contact information
• Critical or spiteful comments on other reviews posted on the page or their authors

9. Disclaimers

TGC is not responsible if you cannot access the Site properly or at all because your ISP connection, the Internet generally or your browser software is inadequate or functioning badly, or if your ISP suspends or terminates their service to you, or because of any other event outside TGC’s control. If you cannot access the Site properly or at all because any of these reasons, TGC will not refund any money you have paid or compensate you.

Making the Site enjoyable means TGC needs to fix bugs, install updates and do general diagnosis and maintenance of the Site. TGC will try to do scheduled maintenance during what TGC anticipates will be relatively low levels of online use. TGC also needs to be able to do emergency maintenance and/or suspend access to the servers where, in TGC’s reasonable discretion, TGC sees the need to do that. TGC will try to have the Site available again as soon as TGC thinks it is safe to do so.

The Site relies in part on software to work. Software has bugs. Whilst TGC will monitor the Site and try to fix bugs that are made known to us, TGC cannot guarantee that the Site will be bug-free or will work all the time. It is not a term of these Terms of Use that the Site or any individual feature of the Site will always be available, error free and/or free from viruses.
Where the Site contains links to other websites and third party products or services, these links are provided for your information only. TGC is not responsible for the content of these websites or products or services.

10. Indemnification

You agree to indemnify TGC and its group companies liabilities and the reasonable costs (including reasonable legal fees), sustained or incurred as a result of content posted to the Site by you being in violation of these Terms and/or TGC’s Review Guidelines.

11. Limitation of liability

TGC excludes: (a) any responsibility for or liability arising out of any dealings you have with third parties that take place using or facilitated by the Site; and (b) any liability for losses which are not a foreseeable or likely consequence of your use of the Site, or of a breach of these Terms. For example, losses are foreseeable where they could be contemplated by you and TGC at the start of your membership.

TGC will not be liable to you over the entire period of your use of the Site for any loss in excess of (a) the total value of products or subscriptions ordered by you via the Site from time to time and (b) £200, whichever is the higher.

Notwithstanding this, nothing in these Terms will affect any liability we may have for: (a) death or personal injury arising from our negligence or our liability; (b) fraudulent misrepresentation; © for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 or (d) any other liability that cannot by law be excluded or limited.

12. Copyright Infringement; Notice and Take Down Procedures

TGC specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim.

13. Severability

If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms.

14. Waiver; Remedies; Variations, Entire Agreement

The failure of TGC to partially or fully exercise any rights or the waiver of TGC of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by TGC or be deemed a waiver by TGC of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of TGC under these Terms and any other applicable agreement between you and TGC shall be cumulative, and the exercise of any such right or remedy shall not limit TGC’s right to exercise any other right or remedy. These Terms may not be varied except with our express written consent. These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of your use of the Site and any order. We are required by law to advise you that contracts may be concluded in English only and that no public filing requirements apply. Please let us know if you would prefer not to receive our club goodies or magazine as part of your box.  All items are sold separately, see pricing info above.

15. Governing Law

The operation of our site and Contracts for the purchase of Goods through our site are governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Questions

Should you have any questions regarding these Terms you may contact us at info@thinkginclub.com.