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2583

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The current number of Cyclops Beers.

395

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The current total number of breweries affiliated to Cyclops.

Terms and Conditions

  1. Interpretation
    1. Definitions:

      In these Conditions, the following definitions apply:

      Accreditation: the formal description of the flavour and appearance of Beer by Cyclops in accordance with the Cyclops Beer Accreditation System.

      Artwork Services: the creation of the Artwork by Cyclops for use by the Client for Beer accredited by Cyclops in accordance with the Beer Accreditation Services.

      Beer: the beer created by Clients and supplied to Cyclops for Accreditation pursuant to the Beer Accreditation Services.

      Beer Accreditation Services: the tasting and testing services provided by Cyclops for the purpose of accrediting Beer provided by the Client using Cyclops' unique Cyclops Beer Accreditation System.

      Charges: the charges detailed on the Website from time to time and payable by the Client for the supply of the Services.

      Client: the person or organisation who becomes a member of the Website and purchases the Services from Cyclops.

      Client Brand Material: any materials associated with or used to depict the origin or branding of a Beer provided by the Client.

      Client Intellectual Property: all Intellectual Property contained, embodied or subsisting in any material, image, design, logo, brand name or artwork supplied or provided to Cyclops by the Client (including in any Client Brand Material).

      Conditions: these terms and conditions as amended from time to time in accordance with clause 12.7.

      Contract: the contract between Cyclops and the Client for Membership and the supply of Services in accordance with these Conditions.

      Cyclops: Cyclops Beer Limited incorporated in England and Wales with Company Number 07919167 whose registered office address is B10 The Seedbed Centre, Wyncolls Road, Severalls Industrial Park, Colchester, Essex CO4 9HT.

      Cyclops Beer Accreditation System: the system by which Cyclops:

      (a) describe the Beer by what it looks, smells like and tastes like, using no more than three words for each of these senses;

      (b) the allocation of a score (out of five) for bitterness and sweetness;

      (c) the depiction of the above referred to information using the distinctive eye, nose, mouth and hops/sugar cube legend (the “Artwork”).

      Cyclops Intellectual Property: all Intellectual Property subsisting or embodied in the Cyclops Beer Accreditation System, the Artwork, and the word “Cyclops”, including for the avoidance of doubt the trademark registered under number 2312553.

      Information Form: the form to be completed by the Client and submitted to Cyclops prior to the commencement of the Services in respect of the Beer to be accredited, a copy of which can be downloaded from and submitted via the Website.

      Intellectual Property: patents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, trade names and domain names, rights in get-up, rights to goodwill or to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

      Membership: annual membership to the Cyclops Website.

      Membership Fee: the annual fee (as increased from time to time) payable by the Client for Membership.

      Services: the Beer Accreditation Services, Artwork Services, and any other services (as requested by the Client and accepted by Cyclops in writing) to be supplied by Cyclops to the Client in accordance with these Conditions.

      Temporary Beers: seasonal and other temporary beers created by the Client and brewed for a maximum of 12 consecutive weeks.

      Website: www.cyclopsbeer.co.uk

  2. Basis of contract
    1. The Contract constitutes the entire agreement between the parties. The Client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Cyclops which is not set out in the Contract.
    2. These Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
  3. Membership
    1. Membership shall give the Client the following benefits:
      • (a) an affiliation with Cyclops as detailed on the Website;
      • (b) use of Cyclops Intellectual Property in accordance with clause 8;
      • (c) the right (subject to approval by Cyclops) to place Client Brand Material on the Website; and
      • (d) the right to place a link to the Client?s own website on the Website.
    2. The Client is only permitted to use any Artwork and Cyclops Intellectual Property whilst they are a member and have paid the Membership Fee. In the event that the Client chooses not to, or fails to, renew their Membership, they must immediately cease to use any Artwork and Cyclops Intellectual Property.
  4. Supply of Services
    1. Cyclops shall supply the Services to the Client in accordance with the Conditions.
    2. The Client shall be solely responsible for the quality of the sample of the Beer(s) it provides in respect of the Beer Accreditation Services.
    3. Time shall not be of the essence for performance of the Services.
    4. Cyclops shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and Cyclops shall notify the Client in any such event.
    5. Cyclops warrants to the Client that the Services will be provided using reasonable care and skill.
  5. Client's obligations
    1. The Client shall:
      • (a) provide Cyclops with a completed Information Form and samples of the Beers to be accredited (which are non returnable to the Client), together with a copy of its tasting notes in respect of each Beer sample, prior to commencement of the Services;
      • (b) co-operate with Cyclops in all matters relating to the Services;
      • (c) provide Cyclops with such information and materials as Cyclops may reasonably require in order to supply the Services, and ensure that such information is accurate in all material respects;
      • (d) obtain and maintain all necessary licences, permissions and consents which may be required before the date on which the Services are to start.
  6. Charges, membership fee and payment
    1. The Client shall pay Cyclops the Charges for the Beer Accreditation Services of up to a maximum of 5 Beers submitted to Cyclops by the Client. The Client shall be required to pay an additional sum, as detailed on the Website from time to time for each additional Beer submitted. The Artwork Services shall be free of charge.
    2. Cyclops reserves the right to increase the Charges and Membership Fee from time to time. Any such increase shall be notified on the Website.
    3. The Charges, any additional charges referred to in clause 6.1, and the Membership Fee, shall be payable by the Client by the end of the month following the month in which an invoice issued by Cyclops in respect of the same, is dated. Time for payment shall be of the essence of the Contract.
    4. In the event that the Client fails to renew their Membership and pay the Membership Fee within 3 months of expiry of the previous year?s Membership, Cyclops shall have the option to refuse the Client?s Membership renewal, and in such event, the Client shall immediately cease to use any Artwork and Cyclops Intellectual Property.
    5. Without limiting any other right or remedy of Cyclops, if the Client fails to make any payment due to Cyclops under the Contract by the due date for payment (Due Date), Cyclops shall have the right to charge interest on the overdue amount at the rate of 3% per annum above the then current Lloyds TSB Bank plc?s base rate accruing on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly.
    6. The Client shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and the Client shall not be entitled to assert any credit, set-off or counterclaim against Cyclops in order to justify withholding payment of any such amount in whole or in part.
  7. 7.Self Accreditation
    1. Provided Cyclops have provided the Services to the Client on at least one occasion in accordance with clause 6.1, the Client shall have the right to self accredit Temporary Beers by the use of the Cyclops Beer Accreditation System.
    2. In the event that the Client attempts to self accredit Temporary Beer for longer than a 12 week consecutive period, Cyclops shall have the right to charge the Client the Charges in respect of the use of the Cyclops Beer Accreditation System. Cyclops shall have a right of access to the Client?s premises (upon reasonable notice) and a right to audit any documentation relating to any Temporary Beer for the purposes of establishing the length of time of which it has been brewed, has been on sale, or for any other reason in respect of the same.
    3. For the avoidance of doubt, Cyclops shall be entitled at its discretion to revoke the rights given to the Client in clause 7.1 at any time.
  8. Intellectual property rights
    1. The Client grants Cyclops, for the duration of the Contract, irrevocable non-exclusive royalty free licence to use the Client Intellectual Property for use in providing the Services and marketing of the Services to third parties or potential new clients.
    2. As part of the provision of the Services by Cyclops to the Client, and Membership, Cyclops grants the Client a non-exclusive royalty free licence to use the Cyclops Intellectual Property on or in relation to the Client?s Beer, within the United Kingdom, solely in connection with the manufacture, promotion, distribution and sale of the Client's Beer.
    3. The Client shall at all times immediately comply strictly with the directions of Cyclops regarding the form and manner of the application of any Cyclops Intellectual Property.
    4. The Client acknowledges that Cyclops is the owner of all Cyclops Intellectual Property and shall not dispute or challenge the rights of Cyclops to any of the Cyclops Intellectual Property.
    5. Any goodwill derived from the use by the Client of the Cyclops Intellectual Property shall accrue to Cyclops.
    6. The Client shall not do, or omit to do, or permit to be done, any act which will or may weaken, damage or be detrimental to the Cyclops Intellectual Property or the reputation or goodwill associated with the Cyclops Intellectual Property or Cyclops.
    7. The Client shall indemnify Cyclops against all liabilities, costs, expenses, damages or losses (including any direct or indirect consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) (each a Claim) suffered or incurred by Cyclops arising out of or in connection with the Client's exercise of its rights granted under clauses 8.1 and 8.2, or any breach by the Client of the terms of this clause 8 or clause 10.1, or any product liability claim relating to Beer manufactured, supplied or put into use by the Client.
    8. Subject to clause 8.9, this indemnity shall apply whether or not the Cyclops has been negligent or at fault.
    9. Nothing in this agreement shall have the effect of excluding or limiting any liability for death or personal injury caused by negligence or for fraud.
    10. The Client shall not grant sub-licences in respect of the rights granted in clause 8.2.
    11. On expiry or termination of this Contract for any reason all rights and licences granted pursuant to the Contract (including those granted under clause 8.2, shall cease, and the Client shall cease to use all Cyclops Intellectual Property.
  9. Confidentiality
    1. A party (Receiving Party) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Receiving Party by the other party (Disclosing Party), its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party's business or its products or its services which the Receiving Party may obtain. The Receiving Party shall restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know it for the purpose of discharging the Receiving Party's obligations under the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Receiving Party. This clause 9 shall survive termination of the Contract.
  10. Warranty and limitation of liability
    1. The Client warrants that the samples of Beer, and any Client Brand Material, provided to Cyclops pursuant to the Beer Accreditation Services are the Client?s own products, and do not contain in whole or in part any Intellectual Property of any third party.
    2. Cyclops shall have no liability to the Client whatsoever for any decrease in sales, or any other adverse reaction to a Beer from customers following an Accreditation by Cyclops.
    3. Cyclops shall under no circumstances whatever be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract.
    4. Cyclops's total liability to the Client in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Charges payable by the Client for the Services.
    5. Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
    6. This clause 10 shall survive termination of the Contract.
  11. Termination
    1. Without limiting its other rights or remedies, each party may terminate the Contract with immediate effect by giving written notice to the other party if:
      • (a) the other party commits a material breach of the Contract and (if such a breach is remediable) fails to remedy that breach within 10 days of that party being notified in writing of the breach;
      • (b) if the other party passes a resolution for winding-up or the court makes an administration order or a winding-up order, or makes a composition or management with its creditors, or an administrative receiver, receiver or manager is appointed by a creditor or by the court, or possession is taken of any of its property under the terms of a floating charge, or there is a charge of control of the other party.
    2. Without limiting its other rights or remedies, Cyclops may terminate the Contract with immediate effect by giving written notice to the Client if the Client fails to pay any amount due under the Contract on the Due Date for payment.
    3. The Client shall have the right to terminate its Membership by giving 1 months' written notice to Cyclops. In such an event, Cyclops shall be entitled to retain the whole of the Membership Fee paid by the Client for the relevant period, and the Client must immediately cease to use any Artwork and Cyclops Intellectual Property.
    4. Without limiting its other rights or remedies, Cyclops shall have the right to terminate the Client's Membership, suspend provisions of the Services (if applicable), and remove all of the Client Intellectual Property (including any links to its website) from the Website, if the Client becomes subject to any of the events listed in clause 11.1(b), or Cyclops reasonably believes that the Client is about to become subject to any of them, or if the Client fails to pay any amount due under this Contract on the Due Date for payment. In such an event, Cyclops shall be entitled to retain the whole of the Membership Fee paid by the Client for the relevant period.
  12. General
    1. Assignment and subcontracting:
      • The Client shall not, without the prior written consent of Cyclops, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
      • Notices:
        • (a) Any notice or other communication required to be given to a party under or in connection with this Contract shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post, recorded delivery or by commercial courier, at its registered office (if a company) or (in any other case) its principal place of business, or sent by fax to the other party's main fax number.
        • (b) Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address referred to above or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second business day after posting, or if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed, or if sent by fax, on the next business day after transmission.
    2. Waiver:
      • (a) A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
      • (b) Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
    3. Severance:
      • (a) If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
      • (b) If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
    4. No partnership: Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
    5. Third parties: A person who is not a party to the Contract shall not have any rights under or in connection with it.
    6. Variation: Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the Contract, shall only be binding when agreed in writing and signed by Cyclops.
    7. Governing law and jurisdiction: This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
    1. Accessibility

      Every effort has been made to ensure all pages on this site comply with W3C Web Content Accessibility Guidelines. This indicates that necessary care has been taken to provide an inclusive website. If however you encounter a page on this site that does not display corectly, please inform us and we will attempt to correct the problem.

      This site makes use of cascading stylesheets (CSS) for visual layout. If your browser does not support stylesheets, careful structuring of mark-up ensures page content will remain readable and logically structured.

      Cyclopsbeer respect the privacy of every individual who visits our Website. Personal information about you may be collected when you visit our Website either by the automatic operation of tracking devices (see the section on 'cookies' below) or where we expressly request your personal information. Any personal information that we request will be used for the following purposes only:

      1. to fulfil any service you might request, in which case we may disclose information to third parties solely for the purpose of fulfilling your request;

      2. to improve the quality of our Website and the services that we provide to you;

      3. to send to you marketing information relating to new products or services or to notify you of changes to our Website. If you wish to receive any marketing information you may use the 'opt in' feature described below;

      4. to monitor your use of our Website; and

      5. to aggregate statistics about customers, traffic patterns and related site information in an anonymous form.

      We will treat your personal information in accordance with the United Kingdom's Data Protection Act 1998. We will not pass on your details to any other company. Your personal data will be stored in the United Kingdom. You have the right as an individual to find out what personal information we hold about you and to request that we correct any errors in your personal information. Also, you may request that we do not use your personal information.

      What are the benefits to me of Cyclopsbeer collecting my information?

      Collecting this information will help Cyclopsbeer to achieve the following:

      1. to allow Cyclopsbeer to fulfil services requested by you;

      2. to help us create Website content more relevant to you;

      3. to make improvements to our Website;

      4. to assess general trends within the Website and its use; and

      5. where you have given us your permission, to alert you to new products, special offers, updated information and other new services that Cyclopsbeer considers to be of interest to you.

      How do I amend information about myself?

      You may request that we amend any of your personal information that we hold by contacting us using through the 'Contact Us' section of this Website.

      Our spam policy

      We take the privacy of our customers very seriously and work very hard to ensure we do not send spam or any unsolicited email.. 'Cookies'

      A computer cookie is a small file that resides on your computer's hard drive that allows us to improve the quality of your visit to our Website. If your browser permits it, you may set your computer to reject our cookies although this may affect the quality of your visit to our Website. For example, it may take longer for your computer to display any page of our site.

      All breweries have agreed to the usage of their details and logos on this website and they are downloadable for proper usage only.

Please drink alcohol responsibly.

This site is for over 18's only. We do not encourage under age drinking. Drink Aware

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