Publisher: Pernod Ricard SA, a company incorporated under the laws of France, with a share capital of 411.403.467,60 €, registered at the Industry and Companies Registrar of Paris under the number 582 041 943, and with its registered office at 12 Place des Etats-Unis, 75116 Paris, France. Phone number: +33(0)1 41 00 41 00 VAT identification number: FR32 582041943 Publishing Director: Vanessa Wright Host: Pernod Ricard Contact: For any and all information related to the functioning or the use of the Wise Drinking application, you can write at email@example.com
The Wise Drinking mobile application (hereinafter referred to as the “Application”) is published and operated by Pernod Ricard, a company incorporated under the laws of France, with a share capital of 411.403.467,60 €, registered at the Industry and Companies Registrar of Paris under the number 582 041 943, and with its registered office at 12 Place des Etats-Unis, 75783 Paris Cedex 16, France (hereinafter referred to as “Pernod Ricard”).
Any and all uses of the Application by a User shall be made according to the terms and conditions defined hereinafter.
The Application aims at raising consumer awareness in relation to responsible alcohol consumption by helping Users calculate their blood alcohol concentration level in real time, factoring in the type and volume of alcoholic beverages ingested, the type of meals had, the gender as well as the weight of Users. It is important not to forget that other variables have to be taken into account: fatigue or lack of sleep, medication consumption, etc…
This Application can offer Users, amongst others, the following services:
The User recognizes and accepts the fact that the Application neither aims at nor has the possibility to give scientifically and medically accurate information or give legal advice. Consequently, the services performed by the Application shall not be interpreted as such and the User recognizes that the Application has for sole aim to give Users indicative information regarding their own alcohol consumption.
The User also acknowledges and accepts the fact that the current version of the Application can be updated to add, remove or modify functionalities or services.
To access and use the Application, Users must have a compatible smartphone, tablet or mobile device as well as access to the Internet.
The Application can be downloaded, free of charge, from the “Apple Store” and “Google Play Store” platforms for the following operating systems:
Given the evolution of mobile devices and their operating systems, the User recognizes and accepts the possibility that the Application may not, in time, be supported or may become unavailable for obsolete or outdated mobile devices or specific versions of operating systems.
The Application will mainly be used in the context of alcohol consumption. To that end, it can only be used when the User’s alcohol consumption is lawful under the laws of the country in which the User is located.
By using the Application and accepting the ToU, the User warrants that he, she or it has the right to consume alcohol under the laws of the country in which he, she or it is located.
In particular, the Application shall not be used by individuals below the legal age limit to consume alcohol.
As a consequence, the User acknowledges and accepts that he, she or it cannot access the Application unless above the legal drinking age in the country where the Application is being used.
The User also acknowledges and accepts that access to the services provided by the Application may be refused or withdrawn from one country to another according to the differences in local laws towards alcohol consumption.
Pernod Ricard undertakes to make its best efforts in order for the Application to always be available.
However, Pernod Ricard reserves the right to make the Application unavailable, at any time and at its own discretion, to conduct all maintenance, update and improvement operations it deems necessary.
Maintenance, update or improvement operations may be conducted without prior notice to the User.
The Application is available to the Users free of charge excluding costs of mobile phone subscription, internet connection costs and potential extra costs for the download of data.
The User recognizes and accepts that all intellectual property rights related to the Application, its layout, its code or structure, as well as to its content are the exclusive property of Pernod Ricard, excluding protected items for which Pernod Ricard has obtained a license of use.
Subject to the provisions laid out in Article 5.2 of the ToU, no provision in the ToU shall be interpreted as directly or indirectly organizing the sale, transfer or license, by Pernod Ricard to the User, of the Application or its content or any right related.
Pernod Ricard grants the User, at no cost, a free, personal, non-exclusive, non-transferable, revocable right to use the Application and its content for its own and personal needs, provided said right is limited to what is strictly necessary for the available services to be provided. This right of use is granted for this purpose and this purpose only and solely for the duration of the User’s use of the Application.
For clarity’s sake, the User is strictly forbidden from accessing to, copying, reproducing, communicating to third parties, altering, modifying or exploiting the Application’s source code or any of its computer programing elements.
Similarly, the User is strictly forbidden from copying, reproducing, communicating to third parties, altering, modifying or extracting any of the content of the Application.
Provisions in relation to data protection and cookies can be found in the dedicated section of the Application.
The Application and its content are provided « as is » and « as available ». As such, Pernod Ricard does not warrant that they will meet any of the User’s needs or expectations.
Pernod Ricard reminds the User that driving under the influence is never wise and that the information given by the Application, including the User’s BAC level, is for indicative purposes only. As a result, Pernod Ricard shall not be held liable for any damage stemming from the User’s decisions based on the information provided by the Application.
In addition, Pernod Ricard shall not be held liable:
Also, the User acknowledges and agrees that Pernod Ricard shall not be held liable in case of inadequate use of his, her or its mobile terminal or in case the Application is used in breach of the ToU.
The User acknowledges and accepts that the ToU may, at Pernod Ricard’s sole discretion, be changed or modified at any time and without prior notice.
When accepting the ToU at the User’s first use of the Application, the User agrees that all future modifications to the ToU will be immediately enforceable without the need for the User to previously agree to said modifications
The User has the right to terminate the ToU at any time simply by stopping to use the Application.
Pernod Ricard reserves the right to terminate the ToU or withdraw the User’s access to the Application at any time and at its sole discretion.
Any and all question or comment regarding the Application shall be sent to firstname.lastname@example.org
Save any overriding and imperative legal provision, the ToU shall be governed by the laws of France; and the Court of Paris – France shall have exclusive jurisdiction to hear any and all dispute relating to the ToU.