Terms and Conditions of Use ("Terms")

The provisions contained in these Terms and Conditions of Use ("Terms") apply to all services offered by DRINKTECH LIMITED, hereinafter referred to as "DRINKTECH", a company duly registered with the CRO under No. 567384.

Any person, hereinafter referred to as the "User", who intends to use DRINKTECH's services declares their acceptance of these Terms and all other policies and principles that govern them by their own free and autonomous decision.

All conditions of these Terms represent the full and binding agreement between DRINKTECH and the User, being the only document governing their contractual relationship, replacing all previous verbal or written agreements and understandings.

Acceptance of the Terms is mandatory for the use of services provided by DRINKTECH, and the use of any service made available by DRINKTECH implies immediate agreement with all its clauses, policies, and principles.

01 - OBJECT

1.1 These Terms cover the User's acceptance of the conditions for joining and using the platform offered by DRINKTECH, accessible via a smartphone with internet access, consisting of an application intended for payment for the purchase of various products supplied by partner establishments authorized to receive such payments with the respective discount applied directly to the credit or debit card as provided by the User, with DRINKTECH being exempt from any responsibility for improper application of the content or its functionality.

02 - CAPACITY FOR REGISTRATION, USE OF SERVICE, AND ACCEPTANCE

2.1 DRINKTECH's services are available only to individuals who have the legal capacity to contract them. Persons who do not have this capacity are prohibited from using these services, and users are hereby warned of the legal sanctions under the Common Law Principles.

2.2 The use of any of the services offered by DRINKTECH implies the User's full understanding, acceptance, and binding to the Terms and Conditions of Use of DRINKTECH products. By using the service, the User agrees to respect and follow all guidelines set forth in these Terms.

03 - USER REGISTRATION AND RESPONSIBILITY

3.1 Registration will only be confirmed upon full completion of all mandatory fields required in the registration environment. The information provided must be true and valid, under penalty of refusal or cancellation of the registration. The User commits to updating their Personal Data whenever there is a change.

3.2 By registering with the DRINKTECH system through the application installed on their smartphone, the User will be able to use the available service, declaring they have read, understood, and accepted these Terms and Conditions of Use.

3.3 DRINKTECH is not responsible for the veracity of the Personal Data provided by its Users. Users guarantee and are liable in any civil and criminal case for the veracity, accuracy, and authenticity of the Personal Data registered.

3.4 The User will access their account through a personal, non-transferable login and password, and is solely responsible for maintaining the confidentiality of these data. The User agrees not to share these data with third parties, being fully responsible for any use made of them. The use of the platform by the User is personal, individual, and non-transferable, and any unauthorized commercial or non-commercial use is prohibited.

3.5 The User acknowledges that the access password is non-transferable, confidential, and their exclusive responsibility, recognizing and authenticating their identity within the DRINKTECH system. Therefore, the access password must be kept secret, with the User being fully responsible for its maintenance and safekeeping. DRINKTECH is not responsible for any improper use of the system by the User or third parties who may perform operations using their codes and passwords.

3.6 The User agrees to notify DRINKTECH immediately and securely of any unauthorized use of their account or unauthorized access by third parties. The User is solely responsible for the operations carried out on their account, as access to it is only possible by entering the password known exclusively to the User.

3.7 The User is fully responsible for installing the application and registering for access.

3.8 The equipment used to access the DRINKTECH system is the sole responsibility of the User, who must keep it in a secure environment, exonerating DRINKTECH from any liability in the event of unauthorized use of the DRINKTECH system by third parties through the User's registered and identified equipment.

3.9 In cases of suspected or confirmed fraud by the User or third parties affecting the User, DRINKTECH may restrict or suspend the User's access to the system indefinitely for the purpose of investigating the irregularity. The same suspension may be applied in the event of investigation and verification of chargeback requests for purchases made.

3.10 The User may, at any time, request the cancellation of their registration with the platform offered by DRINKTECH by making an express request to the platform.

3.11 The User acknowledges that DRINKTECH may retain data from the registration and purchase history even after the cancellation of the registration or the end of the User's relationship with the platform, solely for the purpose of complying with legal and/or regulatory obligations to the competent authorities, under the terms of Criminal Justice (Money Laundering and Terrorist Financing) Act 2010, Data Protection Act 2018 and Taxes Consolidation Act 1997.

04 - AMENDMENTS TO THE TERMS AND CONDITIONS OF USE

4.1 DRINKTECH may amend these Terms and Conditions of Use at any time to make necessary adjustments as required by regulatory authorities or to improve services. Amendments made due to legal requirements will take immediate effect, and the User should regularly review the Terms.

05 - INFORMATION PRIVACY

5.1 All information provided by DRINKTECH Users will be stored on high-security servers or magnetic media. DRINKTECH will take all possible measures to maintain the confidentiality and security described in this clause, but will not be liable for damage that may result from the violation of these measures by third parties who use public networks or the internet to subvert security systems to access Users' information.

5.2 The User's payment data will not be stored by DRINKTECH under any circumstances, and the User must enter them each time they use the application.

5.3 DRINKTECH expressly declares that there will be no sharing of the User's personal data with third parties, except for the purposes provided in these terms or when required by court order or to fulfill legal and/or regulatory obligations.

5.4 The User's registration data, except as provided in the above item, will not be disclosed or sold by DRINKTECH and will be used for DRINKTECH's internal control and for fiscal procedures, including the issuance of invoices by third parties.

5.5 By signing these terms, the User expressly consents to the use of the information provided to verify consumption characteristics for the purpose of improving DRINKTECH's service delivery.

5.6 All personal data provided by the User will be processed under the terms of the Data Protection Act 2018.

06 - VIOLATION OF INDUSTRIAL PROPERTY, INTELLECTUAL PROPERTY, AND DATABASE

6.1 The User is prohibited from using any device, software, or other resources that may harm or interfere with DRINKTECH's activities and operations as established in these Terms. Any activity that violates or contravenes intellectual property rights laws and/or the prohibitions stipulated in these Terms and Conditions of Use will make the responsible party liable for relevant legal actions as well as the sanctions provided herein, being also responsible for compensations for any damages caused.

6.2 DRINKTECH is not responsible for any fraudulent conduct by the User, and may prevent their access to the service due to such conduct. In these cases, DRINKTECH may also take legal or extrajudicial actions against the User involved in the confirmed fraud.

07 - SYSTEM FAILURES

7.1 DRINKTECH is not responsible for any damage, loss, or harm suffered by the User resulting from third-party conduct or force majeure.

7.2 Due to operational issues and service outsourcing, the services provided through internet access are subject to occasional problems of interruption, technical failure, and/or temporary unavailability. DRINKTECH, while exempting itself from responsibility related to errors or unavailability of the site for reasons beyond its control, commits to taking appropriate measures to resolve such failures within a reasonable time frame compatible with the nature of the problem encountered.

7.3 DRINKTECH is exempt from any responsibility for damages and losses of any kind that may arise from the lack of availability or continuity of the service. Likewise, DRINKTECH is not responsible for any damage, loss, or harm to the User's equipment caused by system failures, server failures, or connection failures resulting from third-party conduct, including malicious software actions such as viruses. It is also not responsible for any damage to the User's equipment or connection resulting from access, use, or navigation in the application.

7.4 DRINKTECH IS NOT RESPONSIBLE FOR LOSSES AND DAMAGES CAUSED BY THE IRREGULAR USE OF THE CONTENT OR SERVICES PROVIDED OR BY THE IMPROPER USE OF THE APPLICATION'S RESOURCES BY THE USER. Although DRINKTECH employs its best efforts to secure its systems, considering the vulnerability and constant advancement of invasion technology, DRINKTECH IS NOT RESPONSIBLE FOR THE ACTIONS OF THIRD PARTIES THAT SUCCEED IN COLLECTING OR USING THE USER'S REGISTRATION DATA AND INFORMATION by any means for the use of DRINKTECH's services.

7.5 Electronic transactions and operations can be vulnerable to third-party actions. Therefore, the User agrees to use equipment with updated security systems.

08 - INDUSTRIAL/INTELLECTUAL PROPERTY AND COPYRIGHT

8.1 DRINKTECH respects intellectual property rights and has the right to sue violators under the law. The User declares they will not reproduce, sell, distribute, alter, or use the content of DRINKTECH's services without prior written authorization from DRINKTECH, and failure to comply with this provision will result in liability under the law.

8.2 The User agrees not to sell, resell, reproduce, duplicate, copy, or use for any commercial purposes any part of DRINKTECH's services or access to them.

8.3 DRINKTECH reserves the right to, at its discretion and without prior notice, discontinue any of its services, without being obligated to any indemnification.

8.4 Any use not contemplated in this authorization will be considered a violation of copyright and will be subject to the applicable sanctions under the Copyright and Related Rights Act 2000, as amended.

8.5 DRINKTECH reserves the right, at its sole discretion, to alter, include, or exclude any and all functionalities of the application, while maintaining the commitment to the confidentiality of User data.

09 - LEGAL RESPONSIBILITIES AND SANCTIONS

9.1 Without prejudice to other applicable measures, DRINKTECH may suspend or cancel a User's registration, either definitively or temporarily, if: a) the User fails to comply with any provision of these Terms and other DRINKTECH policies; b) the User fails to fulfill their obligations as a User; c) the User engages in fraudulent or willful misconduct; d) the User's identity cannot be verified, or any information provided by them is incorrect.

10 - INDEMNIFICATION

10.1 The User shall indemnify DRINKTECH, its directors, officers, employees, representatives, and agents for any claims made by other users or third parties arising from their actions or omissions, or for breach of these Terms and Conditions of Use and other DRINKTECH policies, or for violation of any law or third-party rights.

11 - GENERAL PROVISIONS

11.1 Tolerance of any non-compliance with any clauses and conditions of these Terms will not constitute a waiver of the obligations stipulated herein, nor will it prevent or inhibit their enforceability at any time. These Terms constitute the entire agreement between the parties, prevailing over any other prior understandings.

11.2 It is established that email will be the primary means of communication between the User and DRINKTECH and vice versa. However, under no circumstances will DRINKTECH send messages requesting the User's banking details, login, and/or password, nor will it send payment slips.

11.3 To meet the User's requests or needs, DRINKTECH provides an online communication channel where the User, if necessary, shall formalize their request and await a response from DRINKTECH within 48 (forty-eight) hours.

12 - APPLICABLE LAW AND JURISDICTION

12.1 All provisions of these Terms are governed by the laws in force in the Republic of Ireland.

12.2 For all matters concerning the interpretation and enforcement of this Agreement, the parties submit to the Central Court of the City of Waterford, County Waterford.