OVERVIEW

This website is operated by NIOCOCKTAILS UK LTD. Throughout the site, the terms “we”, “us” and “our” refer to NIOCOCKTAILS UK LTD. NIOCOCKTAILS UK LTD offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the legal drinking age of 18 years old in the UK, or the legal drinking age in your local jurisdiction.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS

How the contract is formed between you and us

You will need to register for an account with NIOCOCKTAILS UK Ltd. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorised access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account.

After placing and order on our standard order form, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that you order has been accepted.

Your order constitutes an offer to us to buy Products from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Products has been dispatched (dispatch confirmation) The contract between us, will only be formed when we send you the Dispatch Confirmation.

Your status

By placing an order through our side, you warrant that:

1. you are legally capable of entering into binding contracts; and
2. you are 18 years of age or older in the UK;
3. you are a legal resident of the United Kingdom;
4. you have not been previously suspended or removed from the Sites or engaged in any activity that could result in suspension;
5. do not have more than one NIOCOCKTAILS UK Ltd. account; and
6. have full power and authority to enter into these Terms in so doing will not violate any other agreement to which you are a party.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Store Credits

Store credits can be issued by NOCOCKTAILS UK Ltd. to any customer at its own discretion. Store credits will generally be issued as remuneration for referring friends under the Referral Programme, during customer-wide discounting efforts, for customer service purposes or for our Loyalty programme.

Store credits will be automatically applied to subsequent orders, with any remaining total being charged on the associated credit card on file.

NIOCOCKTAILS UK Ltd. reserves the right to remove store credits applied to any account at its own discretion.

Store credits are not cash-refundable and can only be used on the NIOCOKCTAILS UK Ltd. website and for NIOCOCKTAILS UK Ltd. products.

Accounts that accumulate store credits stemming from dishonest distribution of referral codes across discounting websites will see their referral codes deactivated at the discretion of NIOCOCKTAILS UK Ltd.

Delivery

During peak times, we have been advised that there may be intermittent delivery delays, resulting in delivery taking up to 5 working days after dispatch.

We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third-party courier. Actual delivery times may vary from estimated times displayed.

You are responsible for inspecting all Products you receive from NIOCOCKTAILS UK Ltd. for any damage or other issues upon delivery. You should always inspect your delivery to confirm that the products arrive in good condition. If you have any reason to believe that any Product in your delivery is not suitable for consumption, document the complaint by taking photographs and send them to contact@niococktails.co.uk. Do not discard the item(s) before being asked to do so by us, as we may request you return them to us, at our expense.

From the time of delivery, the condition and consumption of the Products are solely at your risk.

NIO boxes when delivered as a single box order with LEAVE SAFE will be left in a safe place by the courier. Please note that multi-box orders to a single address will be placed in a single delivery bag. Choose Proof of Delivery if you want to restrict minors from accessing your parcel. Also choose this option if you would prefer your parcel to not be left in a safe place. Goods that are returned to NIO Cocktails will be redelivered upon payment of new delivery charge.

 

Events outside our control

In the case of inclement weather or other events beyond our control (Force Majeure events) that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible.

Force Majeure Events include:

1. Strikes, lock-out or other industrial action;
2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
3. Fire, explosion, storm, flood, earthquake, shipping, aircraft, motor transport or other means of public or private transport
4. Impossibility of use of public or private telecommunications network; and
5. The acts, decrees, legislation, regulations or restrictions of any government.
6. Government enacted State of Emergency

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligation under the Contract may be performed despite the Force Majeure Event.

 

PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

REWARDS PROGRAMME 

Membership Overview

The NIO Club Rewards loyalty program (“Program”) is offered at the sole discretion of NIOCOCKTAILS UK Ltd. with registered address at 1 Princeton Mews, 167-169 London Rd, Kingston Upon themes, Surrey KT2 6PT. NIOCOCKTAILS UK Ltd. (“NIO Cocktails”, “we”, “us”, or “our”) is the promoter of the Program. The Program is available for individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups may not participate in the Program.

By joining the Program and becoming a Program member, you (“you”, “your, or “member”) agree that you have read, understood and agree to be bound by these program terms and conditions of participation and by any changes or modifications we may make from time to time. Your continued use of the Program is an acceptance of any changes or modifications. You acknowledge and understand that the processing of your personal data will be in accordance with our Privacy Policy. By joining the program you agree to receive marketing and communications emails related to the Program and NIO Cocktails. You also agree to our website Terms and Conditions.

Programme Registration

NIO Club Rewards is one way in which NIO Cocktails endeavours to reward and thank loyal customers for purchasing from NIOCOCKTAILS UK LTD. To enrol in NIO Club Rewards and receive programme benefits, you will first need to create an account at www.niococktails.co.uk/account/register. By enrolling in the Program you agree to receive marketing materials related to the Program and to NIO Cocktails. Personal information which you provide to us for the purposes of creating an account will be held pursuant to NIOCOCKTAILS UK LTD Privacy Policy.

This program is not targeted toward, nor intended for use by, anyone under the age of 18.

Programme Overview

The Speakeasy rewards benefits are determined by:

1. Points accrued
2. New friends referred to NIO Cocktails

By creating an account, you will automatically be enrolled in The Speakeasy rewards program. Points are automatically added to your account, summarised in your Account Dashboard, based on activities as detailed by the Program. Points for purchase are only accrued through personal purchases and activities, and any corporate transactions such as group orders, corporate event orders or manual orders, are not eligible for reward points or reward redemption.  

Points only remain active in the account for personal redemption if a purchase has been made within 12 months. NIO Cocktails has the right to expire points of any account which has not been active for 12 months.

Referral as part of the Program is only valid for the first time purchase by a known friend, family member or colleague, with a minimum spend of £39. NIO Cocktails has the right to review and/or reject Speakeasy account holders that abuse the referral program and share their unique referral code on public forums such as coupon websites, discount websites and review forums.

There are no membership fees associated with NIO Club Rewards. Points accumulated as part of the Program have no cash value. Your points, free cocktails awarded through referral, and your account under The NIO Rewards programme are personal to you and may not be sold, transferred or assigned to, or shared with friends, family or others.

Redemption

To redeem free cocktails via successful referral(s), you must have referred a new friend or family member who has made their first purchase valued at over £39. Upon this purchase, 1000 points, or the value of £10 will be automatically added to your account.

Termination and Modification

NIO Cocktails reserves the right to terminate your account and/or participation in The Speakeasy rewards programme if NIO Cocktails believes that you have violated these Terms and Conditions or that the use of your account is unauthorised, fraudulent or otherwise unlawful or in violation of these Terms and Conditions.

NIO Cocktails also reserves the right to “unregister” and make ineligible for The Speakeasy programme any account that has been inactive for two consecutive years.

NIO Cocktails reserves the right to terminate, discontinue, cancel or amend The Speakeasy rewards programme at any time and in its sole discretion without notice to you.

NIO COCKTAILS UK Ltd. reserves the right to modify The Speakeasy rewards programme, including but not limited to number of points accrued by activity, points required to redeem rewards, new referred member discount on first box purchase.

 

OFFERS AND PROMOTION CODES

At our discretion, from time to time, we may offer products at discounted prices. These offers are valid from the time that we introduce them, to the end date of the offer and they cannot be used for purchases before the offer introduction or after the offer end date.

The price of the product at time of purchase when using a discount code or special offer, is the price that shall prevail. We are unable to offer special discounts for purchases that have already been made. 

As our special offers are contingent on availability, we may change the terms of special offers and promotional codes, or withdraw them altogether, at any time, and without prior notice. 

Any offer that includes a discount code or promotion code for a specific product is valid for one product redemption only. For example, a discount code or promotion code for a cocktail box is valid for a single cocktail box only, and is not valid for every box within a multi-product order.

Except where otherwise stated, discounts and promotions are only available once to any one person. Discounts, promotions and credits cannot be used in conjunction with another offer. Offers are valid for NIO Cocktails UK Ltd only.

Discounts and vouchers cannot be redeemed against delivery charges, and can only be redeemed against the cost of the cocktails and cocktail boxes.

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

 

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

 

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall NIOCOCKTAILS UK LTD., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless NIOCOCKTAILS UK LTD. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom.

 

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at contact@niococktails.co.uk

 

Nio Cocktails LTD Mobile Message Program Terms and Conditions

Last updated: 25th May 2024

The Nio Cocktails LTD mobile message program (the "Program") is operated by Nio Cocktails (“Nio Cocktails LTD”, “we”, or “us”). Your use of the Program constitutes your agreement to these terms and conditions (“Mobile Terms of Service”) and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts. We may modify or cancel the Program or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms of Service at any time and your continued use of the Program following the effective date of any such changes shall constitute your acceptance of such changes.

User Opt In

The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrolment forms. By consenting to Nio Cocktails LTD’s SMS/text messaging Program, you agree to receive recurring SMS/text messages from and on behalf of Nio Cocktails LTD through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Nio Cocktails LTD. Your participation in this program is completely voluntary.

User Opt Out

You may opt-out of the Program at any time. Reply the single keyword command STOP, STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT (or if French speaking - ARRET, DESABONNER, ANNULER, or FIN) or click the unsubscribe link (where available) in any text message to opt out of the Program. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you.

You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT (or if French speaking - ARRET, DESABONNER, ANNULER, or FIN) keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Nio Cocktails LTD and its service providers will have no liability for failing to honour such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

If you have subscribed to other Nio Cocktails LTD mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Program support or assistance, reply HELP or email contact@niococktails.co.uk.

We may change any short code or telephone number we use to operate the Program at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.

Program Description:

Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of Beverages. Messages may include checkout reminders.

Cost and Frequency:

Message and data rates may apply. We do not charge for the Program, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

Message frequency varies. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Our Disclaimer of Warranty:

The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program.

Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. The wireless carriers supported by the Program are not liable for delayed or undelivered messages.

You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Program, any errors in such information, and/or any action you may or may not take in reliance on the information or Program.

Participant Requirements:

You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction:

You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content:

You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

Any sensitive or special category personal data including racial or ethnic origin data, political opinions data, religious or philosophical belief data, trade union membership data, genetic or biometric data (for the purpose of uniquely identifying a natural person), health data and sex life or sexual orientation data

Any personal data of people aged under 18 without parental consent.

Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Miscellaneous:

You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.