RAISING THE BAR PROGRAMME TERMS AND CONDITIONS

1. Kenya Breweries Limited (hereafter ‘we’ or ‘us’ or pledges to support the recovery of the on-trade in Nairobi Metropolitan over the next two years.

2. We will use the pledged amount to fund different types of support for the on-trade selected by us (Support). The Support will be released in stages, starting from the start date (as shall be determined by us) and we will announce the different types of Support available via http://www.diageobaracademy.com (DBA). We will regularly assess the most effective ways to support the on-trade and we may change the types of Support available from time to time.

3. To be eligible to receive Support, you (Applicant or You) must:

a. be registered as a legal entity (for tax purposes);

b. have operated a bar or outlet 12 months prior to the local or national lockdown commencing;

c. be active and carrying out the licensed business activities

d. have a licence for the sale of alcohol; and/or be allowed to legally operate.

e. demonstrate at least one way in which you plan to support the “Raising The Bar” programme in your community. Examples could include promoting inclusion and diversity, job-creation or training and skills for disadvantaged groups or communities; promoting positive drinking and tackling harm or anti-social behavior; focusing on sustainability or community support.

f. Commit that you will not deal or engage in illicit alcohol trade.

4. You must follow the instructions notified to you by us (on the DBA website, by email or otherwise) to apply for the Support and we may require proof of your eligibility for Support.

5. There will be a limited amount of each type of Support available. There will be limits on how much Support each Applicant can apply for and this will be explained on DBA and/or in communications to you for each type of Support, once the Support has been announced. You must not attempt to circumvent any limits attached to the Support.

6. We will fund the Support but third-party providers (Third-Party Suppliers) are responsible for providing the Support to successful Applicants. Each Third-Party Supplier is responsible for the Support they provide, and we are not liable for any loss or damage relating to the equipment and/or services provided by Third-Party Suppliers.

7. You must follow all instructions, guidance and terms relating to any equipment or service provided by a Third-Party Supplier. You must take reasonable care and use all equipment and/or services provided in connection with the Support in a safe and responsible manner.

8. You must comply with all applicable laws, rules, regulations and guidance of any regulatory authority in connection with this pledge and your use of the Support.

9. You must not resell or attempt to resell any equipment or services received in connection with the Support.

10. You shall be responsible for any and all taxation or other liabilities arising from your receipt and distribution of the Support. There will be no cash equivalent of the Support available. The Support cannot be exchanged for other Support or for their value in cash and may not be transferred or sold.

11. If, following a successful application for the Support, you fail to take delivery or receipt of the relevant Support within the prescribed time, we will use reasonable efforts to contact you and help you organise the receipt of the Support and if we are unable to contact you using reasonable efforts, we may remove you from participating in the Raising The Bar pledge.

12. Kenya Breweries Limited may withdraw or amend the terms of the Raising The Bar pledge at any time during the duration of the programme in the event of any unforeseen circumstances arising outside of its reasonable control without any cost or liability to us.

13. Kenya Breweries Limited may terminate or temporarily pend the Raising The Bar programme in the event of technical or other difficulties that sus might compromise its administration.

14. Kenya Breweries Limited may amend these terms and conditions from time to time by posting updated terms on the Diageo Bar Academy website.

15. If there is any reason to believe that there has been a breach of these terms and conditions, Kenya Breweries Limited may exclude Applicants from participating in the Raising The Bar programme without any cost or liability to us.

16. Kenya Breweries Limited may use personal data provided by you for the purpose of administering and fulfilling the Raising The Bar programme and providing supporting materials which you have requested; we may share your data with Third-Party Suppliers in connection with the provision of Support. Personal data will be processed in accordance with Data Protection Act, 2019 of the laws of Kenya and Diageo’s privacy policy. Diageo’s privacy policy can be found here.

17. By agreeing to participate in the Raising The Bar programme you agree to receive further details by email/post of ongoing Raising The Bar and/or Diageo Bar Academy training, support, resources and tools. You can opt out of receiving these details at any point in the future.

18. You shall not make any use of the brands or other IP rights of Kenya Breweries Limited or its affiliates or make any announcements or publications in relation to the Raising The Bar programme without our written consent. Applicants may be contacted to take part in publicity for the Raising The Bar programme.

19. Nothing in these terms seeks to exclude liability which cannot be excluded by law, including liability for death or personal injury caused by the negligence of either party or its employees.

20. You will not transfer any of your rights or obligations under these terms to anyone else without our written consent. These terms do not confer any third-party beneficiary rights.

21. These terms and any dispute, proceedings or claim of whatever nature arising out of or in any way relating to these terms or their formation (including any non-contractual disputes or claims), shall be governed by and construed in accordance with the Laws of Kenya. We will endeavour to resolve any dispute which arises through good faith negotiation at the appropriate levels of authority within each party. If the matter is not resolved within fourteen (14) of the matter being referred to us, the matter will be resolved exclusively by arbitration under the provision of the Rules of the Chartered Institute of Arbitrators (Kenya Branch) and where any matter or thing is not covered by such Rules the provisions of the Arbitration Act 1995, Laws of Kenya will apply. The arbitration shall be conducted in Nairobi, in English by a single arbitrator to be appointed by agreement between the parties or, failing agreement within 14 days of notification by either party to the other party of the existence of the dispute, to be appointed by the Chairman for the time being of The Chartered Institute of Arbitrators, Kenya Branch, Nairobi, Kenya on the application of either party. The Award rendered by the Arbitrator shall be final and binding provided always we reserve the right to appeal on points of law.

22. Applicant outlets are deemed to have accepted these terms and conditions by participating in the Raising The Bar programme.

Organiser: Kenya Breweries Limited (‘We/Us’)

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