HARDYS TEXT SERVICE TERMS AND CONDITIONS

This Hardys SMS/Text service (the 'Service') is owned, operated and made avaliable by Constellation Europe Limited ('Service Provider'), Constellation House, The Guildway, Old Portsmouth Road, GU3 1LR, subject to these Standrard Conditions of Use.
By using the Service, You the customer and user of the Service are deemed to have accepted these terms and conditions.
The Service is only open to residents of the United Kingdom, Channel Islands and Isle of Man aged 18 years or over.
The service is open from 1st May 2006 and can be accessed between the hours of 8am and 2am.
Customers who send a text from their mobile phone to 64007 detailing the food / meal (e.g. Salmon / Chinese) they are seeking a wine match for, as well as their year of birth. Once this information is received customers will be sent a text alert detailing a grape variety recommendation and a corresponding Hardy's wine to match their choice.
The cost of each text alert sent to the customer is a maximum of 12p plus standard network charges. The total cost will therefore be dependent on the customer's network.
Charges for the service will be deducted from the user's available credit time if they are a pre-pay customer or appear on their monthly statement if they are a pay monthly customer. Once the customer has submitted their text they will be charged for the use of the Service.
Please ensure that you have the bill payer's permission before using the Service.
A maximum of 10 texts per mobile will be accepted per day.
Where the service database does not recognise the customer food choice, the Service Provider reserves the right to send a default message with a general grape variety, suitable for all food types and a corresponding Hardy wine recommendation.
Where a date of birth is not inserted in the customer SMS/text message the Service Provider will send a default message notifying the customer of their ineligibility to use the Service.
Customers may be able to use the Service from outside the UK (although entry is restricted to UK residents) but charges will depend on the relevant service provider's international text message rates.
The Service Provider is not responsible for network, telephone line or communication failures of any kind. The Service Provider will make reasonable endeavours to ensure uninterrupted supply of the Service but will be under no liability to the user of the service for any error in, or delay in, or failure in transmission of the Services.
The Service Provider shall not be responsible or liable to the user of the Service for any loss, damage or expenses incurred directly or indirectly by the user of the Service as a result of any difficulties experienced by the user's cellular phone service provider.
All personal data will be held in accordance with the Data Protection Act of 1998. Any personal data you supply to the Service Provider will only be used and retained by the Service Provider. By using the Service you agree to the Service Provider using your personal data for the purposes reasonable associated with the provision of the service to you. Personal data will only be disclosed by the Service Provider to your network service provider or where disclosure is required by an applicable regulatory or government body or where we are required by law to disclose this information.
If you do not receive messages you should inform us through Customer Care by sending an e-mail to hardys@hillandknowlton.com
Subject to the constraints described above, The Service Provider will carry out the Services(s) with reasonable care and skill. This does not affect any other statutory rights you may have as a consumer.
These terms and conditions shall be governed by English Law.

Please drink responsibly.

Promoter: Constellation Europe Ltd, Constellation House, The Guildway, Old Portsmouth Road, Artington, Guildford, Surrey, GU3 1LR. Please do not send entries to this address.

Website - Terms and Conditions

Your use of this Web Site is subject to your acceptance of the terms and conditions set out in this legal notice ("Terms") and we advise you to read them carefully.

If you DO NOT agree to be bound by these Terms please exit this Web Site immediately.

We draw your attention to our Privacy Policy which is also available on this Web Site.

Introduction

This Web Site, which is operated by Constellation Europe Limited ("Constellation", "We" or "Us") on behalf of the Constellation Group of Companies which is part of the Constellation Brands Inc Group.

Operation of and changes to the Web Site

We reserve the right to change the format and content of this Web Site or terminate or suspend the operation of this Web Site at any time.

This Web Site contains links to other web sites for your convenience ("Linked Sites"), where these Linked Sites are outside of the Constellation group of companies they are outside of our control and as such we do not accept responsibility or liability for their content, materials, products or services or warrant the accuracy or security of these Linked Sites.

We may change these Terms from time to time and any such changes will be published on this Web Site ("New Terms"). It is your responsibility to review these Terms each time you access this Web Site as, after publication, you will be deemed to have accepted and be bound by any New Terms.

Intellectual Property Rights

Unless otherwise indicated, all intellectual property rights, including copyright, in the Web Site design, text, graphics, sounds and other content and the selection and arrangement of these belongs to Constellation, its parent, subsidiary or sister companies or our licensors ("Owner").

Except where permitted, no part of any material on this Web Site may be reproduced, modified, distributed or republished in any form, including storing it in an electronic medium whether or not temporary or incidental to some other use, without the prior consent of its Owner in writing. In any event no intellectual property or other rights will be transferred to you.

You are authorised to download one copy of the material on this Web Site onto one computer for personal, non-commercial use only. In doing so you are not permitted to remove or amend any trademark, copyright or other proprietary notice.

Warranty and Liability

We do not represent or warrant that the information and materials contained on this Web Site are accurate, complete or current or that the use of this Web Site, or any Linked Site, is free of risk of viruses or other damage. It is your responsibility to establish such procedures for data backup and viruses checking as you consider necessary.

Except as set out in these Terms, there are no other applicable warranties, conditions or other terms, express or implied, statutory or otherwise, and any and all such terms are hereby excluded to the maximum extent permitted by law.

We do not accept any liability for any indirect or consequential loss, howsoever arising, even if we had previous knowledge of the possibility of such loss.

Competitions and Prizes

From time to time Constellation may run competitions, free prize draws and/or promotions ("Competitions") on this Web Site. Such Competitions will be subject to additional terms and conditions that will be posted on this Web Site and by accessing, entering or participating in Competitions you agree to be bound by them.

Questions or Complaints

If you have a question or complaint please contact us via email at enquiries@cbrands.eu.com or write to us at Company Secretariat, Constellation Europe Limited, Constellation House, The Guildway, Old Portsmouth Road, Guildford, Surrey, GU3 1LR.

Law and Jurisdiction

These Terms are governed by and are to be interpreted in accordance with English Law and in the event of any dispute arising in relation to these Terms or this Web Site the English Courts shall have exclusive jurisdiction.

General

These Web Site Terms (and any other terms and conditions referred to therein) constitute the entire agreement between Constellation and you concerning its subject matter, and supercede any prior agreements relating to such subject matter. You may not in any way vary or amend these Terms.

If any provision of these Terms is unlawful, void, or for any reason unenforceable then that provision shall therefore not form part of this agreement and shall not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect.