Terms of service

1. Introduction

These Terms of Service ("Terms") govern your use of the DRIVER website, products and services (together, the "Services"). References to "DRIVER", "we", "us" or "our" mean the legal entity identified in the Contact Information section.

By using the Services, you agree to these Terms. If you are a consumer, nothing in these Terms affects your statutory rights under applicable UK law.

DRIVER Caffeine Energy Pouches contain caffeine and are intended for healthy adults aged 18 or over. They are not recommended for children, pregnant or breastfeeding women, or individuals sensitive to caffeine. Users should consume the product responsibly and in accordance with the usage instructions provided on the packaging.

The information provided on our website is for informational purposes only and does not constitute medical advice. Consumers with health concerns should consult a healthcare professional before use.

 

2. Eligibility and Account Security

Our products are intended solely for persons aged 18 years or over. By placing an order, you confirm that you are at least 18 years old or otherwise legally capable of entering into a binding contract. We reserve the right to refuse, cancel or verify orders where age requirements are not satisfied.

You agree to provide accurate and up-to-date information and to keep your account credentials secure. You are responsible for activities carried out through your account unless caused by our failure to maintain appropriate security.

We may suspend or close accounts where there is fraud, misuse, unlawful activity or a material breach of these Terms.

3. Products and Services

We take reasonable care to ensure product descriptions, images, specifications and prices are accurate. However, minor variations may occur.

Product images are illustrative only. Actual colours and appearance may vary depending on device settings and manufacturing changes.

We reserve the right to update, discontinue or modify products and services where reasonably necessary.

4. Orders and Contract Formation

Individual responses to caffeine vary. We do not guarantee any particular outcome, performance improvement or user experience resulting from use of the products.

Any advertisement or listing on our website is an invitation to treat and not an offer.

Your order constitutes an offer to purchase. A legally binding contract is formed only when we send an order acceptance confirmation.

We may refuse or cancel orders where:

• Payment cannot be authorised;
• Products are unavailable;
• Pricing errors have occurred; or
• We reasonably suspect fraud or unlawful activity.

If an order is cancelled after payment has been taken, we will provide an appropriate refund.

5. Pricing and Payment

All prices displayed to UK consumers will include VAT where required by law unless clearly stated otherwise.

Additional delivery charges, taxes, customs duties or import fees (where applicable) will be identified before checkout where reasonably possible.

Payment must be made using an authorised payment method.

6. Delivery

Delivery times are estimates unless expressly stated as guaranteed.

We shall not be liable for delays or failures caused by circumstances beyond our reasonable control, including natural disasters, transport disruptions, labour disputes, cyber-attacks, governmental actions or supplier failures.

Risk in goods passes to consumers when goods come into the physical possession of the consumer or a person identified by the consumer to receive them.

Ownership of goods passes once payment has been received in full.

7. Consumer Rights, Returns and Refunds

If you are a consumer, you may have cancellation rights under the Consumer Contracts Regulations 2013.

Where applicable, you may cancel eligible distance purchases within 14 days of receiving goods and obtain a refund in accordance with our Returns and Refunds Policy.

For hygiene and safety reasons, opened or unsealed consumable products cannot normally be returned unless faulty, damaged, incorrectly supplied or otherwise required by law.

Nothing in these Terms excludes rights relating to faulty, misdescribed or unfit goods under the Consumer Rights Act 2015.

8. Intellectual Property

All intellectual property rights in the Services, including text, graphics, software, logos and content, are owned by DRIVER or its licensors.

You may access and use the Services for personal, non-commercial purposes only unless otherwise agreed in writing.

9. Third-Party Services and Links

The Services may contain links to or integrations with third-party services.

We are not responsible for third-party content, products or services. Your use of third-party services is governed by the relevant third party's terms and policies.

10. Privacy and Data Protection

We process personal data in accordance with our Privacy Policy and applicable UK data protection laws, including the UK GDPR and Data Protection Act 2018.

11. User Content and Feedback

If you submit reviews, comments or feedback, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce and display that content for the purpose of operating and improving our Services.

You retain ownership of your content.

You must not submit unlawful, defamatory, infringing or misleading content.

12. Accuracy of Information

We may correct clerical errors, pricing mistakes and omissions. Where a material error affects an order, we will notify you and provide appropriate options.

13. Acceptable Use

You must not:

• Breach any law or regulation;
• Infringe intellectual property rights;
• Introduce malicious software;
• Interfere with service security or functionality;
• Engage in fraudulent or deceptive conduct; or
• Harvest data without authorisation.

14. Suspension and Termination

We may suspend or terminate access where reasonably necessary to protect our business, users, systems or legal rights.

Where practicable, we will provide notice and reasons for termination.

15. Our Responsibility

We are responsible for foreseeable loss or damage caused by our breach of these Terms or our negligence.

We are not responsible for losses that are not reasonably foreseeable, business losses suffered by consumers, or losses caused by events outside our reasonable control.

Nothing in these Terms excludes or limits liability for:

• Death or personal injury caused by negligence;
• Fraud or fraudulent misrepresentation; or
• Any liability that cannot lawfully be excluded or limited.

16. Indemnity

This clause applies only to business users.

Business users agree to indemnify DRIVER against losses arising from their breach of these Terms, misuse of the Services or infringement of third-party rights.

17. Severance

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.

18. Entire Agreement

These Terms, together with any referenced policies, set out the entire agreement between you and us regarding the Services.

19. Transfer

We may transfer our rights and obligations under these Terms provided this does not adversely affect your rights.

You may transfer your rights only with our written consent where required.

20. Changes to These Terms

We may amend these Terms from time to time.

Where changes are material, we will provide reasonable notice. Continued use of the Services after notification constitutes acceptance of the revised Terms.

21. Governing Law

These Terms are governed by the laws of England and Wales. If you are a consumer residing in Scotland or Northern Ireland, you may also bring proceedings in your local courts.