TERMS AND CONDITIONS MALTS CLUB (LOYALTY PROGRAM)

1. APPLICABILITY OF THESE TERMS AND CONDITIONS

These Terms and Conditions apply to the loyalty program Malts Club of Diageo. Malts Club is free to join for all Consumers under the applicable conditions as set forth in these Terms and Conditions. As a Member You can earn and collect points, enjoy free shipping, and many other advantages.

2. DEFINITIONS

Unless expressly indicated otherwise, the following capitalized terms (both in plural and in singular) as used in these Terms and Conditions will have the following meanings:

• Consumer: any natural person who is acting for purposes which are outside his trade, business, craft, or profession;

• Diageo: Diageo Nederland B.V., having its registered office in Amsterdam, the Netherlands, as well as any of its direct or indirect affiliates;

• Malts Club: the name of the loyalty program and subject to these Terms and Conditions;

• Malts Club Voucher: the voucher based on the number of points linked to the order You placed and which You can use as a discount on a subsequent purchase of the Products;

• Member: any Consumer who is part of the Malts Club;

• Membership: the name of Your contractual relation between as a Member and Diageo within the Malts Club;

• Minimum Order Value: the minimum amount You need to spend on an order to qualify for the corresponding points under the Malts Club Voucher;

• Products: the alcoholic beverages (including spirits) and other products offered by Diageo through the Website;

• Right of Withdrawal: the possibility for the Consumer to withdraw from the distance contract within the Withdrawal Period, without giving any reason;

• Terms and Conditions: these terms and conditions;

• We/Us/Our: Diageo;

• Website: Netherlands: www.malts.com/nl-nl; Germany: https://www.malts.com/de-de; Austria: https://www.malts.com/de-at/; Belgium: https://www.malts.com/en-be/;

• You(r)(s): any natural person or legal entity that visits the Website and/or has entered, or wishes to enter, into a contract with Us.

3. WHO WE ARE

• Statutory name of trader: Diageo Nederland B.V.

• Trade name of trader: Diageo Nederland

• Registered in the Trade Register of the Dutch Chamber of Commerce: 30048592

• VAT-number: NL808796987B04

• Visiting address: Molenwerf 12, 1014 BG Amsterdam

• Email: customerservice@Malts.com

• Telephone number: +31 20 8090 360

4. WHO CAN BECOME A MEMBER

4.1 You must be at least eighteen (18) years of age or the age of majority in Your jurisdiction to become a Member.

4.2 Malts Club is only available within Germany, the Netherlands, Austria, and Belgium. Therefore, only residents of these countries can become a Member.

4.3 Malts Club is free to join, and the enrolment takes place without any obligation to make a purchase.

5. REGISTRATION PROCESS AND MEMBERSHIP

5.1 Prior to enjoying all the benefits that the Membership has to offer, You are required to register to Our database. As part of Your registration, You will be asked to confirm (by opt-in) that You accept to receive Our marketing communications. If You will not accept to receive Our marketing communications, You will still be able to register and enjoy the benefits of Membership.

5.2 During the registration process, You will be prompted to provide Your personal information, including but not limited to Your name, residential address, email address, and date of birth. Additionally, we request that You choose a password to enable future access to the Website using Your credentials.

5.3 As stated above, You must have reached the legal required minimum age within Your jurisdiction. Therefore, a valid photo ID with date of birth, any other data and documents are reasonably required by Us in order to establish whether You have already reached the required minimum age. Furthermore, We may require You to go through an age verification system upon the registration as Member to confirm that You have reached the required minimum age. The Membership is not intended to persons under the legally required minimum age for the use and purchase of alcohol as applicable. If You have not yet reached the required minimum age, We are authorized to refuse the Membership. We are entitled to terminate the Membership with immediate effect if You have successfully registered as a Member, but We become aware afterwards that You do not meet the requirements to become a Member.

5.4 It is a strict rule that one individual can only have one (1) Membership. We reserve the right, at all times, to refuse, merge, and/or terminate any additional accounts.

5.5 Your Membership is personal and subject to these Terms and Conditions and all other conditions adopted by Us, as accepted by You. You are fully responsible for all activities conducted through Your Membership account. This means that You bear the responsibility for keeping the login credentials secure and confidential. In the event of any fraudulent use of Your password or account, We advise You to promptly contact Our customer service customerservice@Malts.com. Your Membership account and accumulated points are issued by Us and remain the property of Diageo. They cannot be transferred, sold, or exchanged in any manner.

5.6 It is Your responsibility and a condition for Your membership, to keep Your email address and contact information up-to-date. Please contact Our service department under email address: customerservice@Malts.com to request any changes in Your contact information.

5.7 We reserve the right to communicate with You via email regarding the Membership, Your collected points. The communication conducted with You is of significant importance for Your Membership and accompanying activities. Furthermore, provided that You have confirmed by opt-in that You accept to receive Our marketing communications, We reserve the right to communicate with You via email regarding any special/ promotional offers and to conduct temporary promotional offers that may grant Members additional benefits, such as earning double points for a specific period or providing new Members with sign-up bonuses reaching a certain point threshold.

5.8 After successfully completing the registration process, wherein permission has been granted for targeted marketing communication, it is possible to withdraw the permission for targeted marketing communication at any time by contacting Our customer service or by using the link as included in Our marketing communication.

6. BENEFITS, PUNCH CARD AND ACCUMULATION OF POINTS

6.1 New Members automatically receive 500 points for signing up.

6.2 All Members enjoy free shipping with every order.

6.3 All orders on the Website qualify for points. For each €1 spent, You receive 5 points. The value of 1 point is equivalent to 1 EURO cent (= € 0,01). To accumulate points with an order and to build credit with the issuance of a Malts Club Voucher(s), You have to be logged in to Your account while placing the order and reach the Minimum Order Value as defined in article 7.4. Based on the purchase amount, the number of points earned will be calculated. Points become eligible as soon as an order is successfully shipped; however, it may take up to three (3) days for the points to become visible in Your account. When You make use of Your Right of Withdrawal, the number of points earned from the returned order, will be deducted from Your accumulated points balance.

6.4 Malts Club utilizes a so-called “Punch Card”. With each order, You will receive a punch. Upon collecting three (3) punches, 1000 points (i.e. equal to a discount of €10) will be added to Your account.

6.5 Malts Club encompasses four (4) distinct tiers. The tier within which Your Membership falls, is contingent upon the number of Your accumulated points. Each tier entails its own benefits. These benefits per tier can be found on theMalts Club page. Upon attaining the requisite points for entry into a new tier, eligibility shall become available after a period of fourteen (14) days. After a period of twelve (12) months of inactivity, You will be automatically downgraded to the next eligible tier. However, if Your Membership already falls in the lowest tier, then Your Membership-categorization will remain in this same tier.

6.6 You can refer a friend to Malts Club by following Our instructions thereto as set out in Our “recommend a friend” page after You have logged in on Your account. Subsequent to Your recommendation You will receive an email from Us. This email contains a reference with a link to Our website. You can use the link in Our email to recommend Us to Your friend. Please do not forward Our email itself but just the link to Our website as part of your own email. With each referral, both You and Your friend will receive a €10 discount on a next order. In order to access the €10 discount, the referred friend will receive a €10 discount voucher that is only valid in purchases with a value above €75-. Once the referred friend has successfully completed this purchase, You will receive 1000 points (i.e. €10) on Your account.

7. REDEMPTION OF ACCUMULATED POINTS INTO DISCOUNT

7.1 When logged in, points can be redeemed for discounts at the checkout of Your order at the Website for the specified denominations: 500 points = €5 discount; 1000 points = €10 discount; 1500 points = €15 discount; 2000 points = €20 discount; et cetera. The Malts Club Voucher corresponding to the aforementioned discount rates will be issued per order, taking into account that the Minimum Order Value as defined in article 7.4 has been reached.

7.2 The points have no value beyond the discount that can be applied on the Website. The points cannot be exchanged for cash or gift cards.

7.3 For customers in the Netherlands only: each order may only have a discount applied to 25% of the net cash amount. According to Dutch law, it is not permitted to offer more than a 25% discount on a Product containing alcohol. Unless We state explicitly otherwise in the specific offer or promotion, accumulated points can also be used in conjunction with other ongoing promotions, but for customers in the Netherlands only, the combined discount obtained through the redemption of accumulated points and the ongoing promotion must as well not exceed 25% of the net cash amount. For all other customers: There is no maximum discount per order. Unless We state explicitly otherwise in the specific offer or promotion, accumulated points can also be used in conjunction with other ongoing promotions.

7.4 The Minimum Order Value You need to spend to use the accrued discount (as based on the Malts Club Voucher(s) as earned and registered in Your account), is (depending on the country of Your residence) as follows:

Minimum Order Value to spend (in euro) in order to redeem the value of the Malts Club as stated in this table

We may unilaterally adjust the Minimum Order Value to spend in order to redeem the associated Malts Club Voucher at any time in the following cases (which we cannot foresee or control): change of (i) applicable law provisions, (ii) regulatory requirements, (iii) inflation rate according to the Consumer Price Index in the country of Your residence, or (iv) any other applicable mandatory regulation(s) which require(s) such an adjustment. An adjustment of the amounts or points will only apply to orders placed after We have notified You of the change in question. The foregoing leaves unaffected the conditions and further consequences in these cases as described in article 9.2.

7.5 Accumulated points will expire based on inactivity. Inactivity is defined as a period of time in which You have not spent or earned any points. After 24 months of inactivity all Your accumulated points will expire. If the points have expired, no refund shall be made in cash or any other form.

8. LOSS OR THEFT

You assume full responsibility for the accumulated points and/or Your login details. We bear any responsibility for the loss or theft of the accumulated points and/or Your (non-traceable or linkable) login details only in case of gross negligence or wilful misconduct.

9. MODIFICATION OR TERMINATION

9.1 You may terminate Your Membership at any time by contacting Our customer service or by using the link as included in Our marketing communications. If You terminate Your Membership, all accumulated points, credits, and rights will be forfeited and the information as registered in Your account can no longer be accessed as from the moment We confirm the termination of Your Membership.

9.2 We reserve the right to amend, modify, suspend, restrict and/or terminate Malts Club, as well as these Terms and Conditions, either in part or in its entirety, if any of the situations occurs as referred to in article 7.5. Such actions may also impact the value and redemption procedures of Your points. We will duly inform You about any changes of Malts Club and/or these Terms and Conditions by notification in Your account as well as by email two (2) months prior to the proposed date of entry into force of the changes with reference to the provisions affected. Within this period of two (2) months You will then have the opportunity to terminate Your Membership by written communication by email or mail to Us on any of Our addresses included in article 3. Your consent shall be deemed granted if We do not receive a written communication from You by email or mail before the proposed date of entry into force terminating Your Membership. We will point this out to You in Our notification. In case of any amendments the new version of the Terms and Conditions will also be published on Our Website.

9.3 Your deemed consent will not apply if the primary obligations of this agreement are changed or the deemed consent would lead to a material change of the entire agreement. If You terminate Your Membership pursuant to article 9.2,You will have the option to redeem your accumulated points for discount on a purchase of Products within three (3) months. This final term for redeeming Your points starts right after Our announcement of the new Terms and Conditions and ends upon the expiration of three (3) months, unless the date specified in article 7.6 occurs sooner. The effective date of any new Terms and Conditions will be clearly indicated by Us. Once this period elapses, any remaining points will expire automatically.

9.4 Irrespective of the provisions of article 9.2, We reserve the right to make minor changes to Malts Club and the Terms and Conditions about which we will inform You two (2) months in advance by email. If You do not oppose the amendments within this period by written communication by email or mail to Us on any of Our addresses included in article 3, the amendment will be deemed accepted. .

9.5 We reserve the right to terminate Your Membership in the cases as listed in article 9.6. You will be duly notified by Us in a timely manner.

9.6 We will terminate Your Membership in any case under the following circumstances:

• in the event of Your decease;

• upon notification of loss, theft, or in case of fraud or reasonable suspicion thereof;

• termination due to a directive or instruction from an authority, such as a regulatory body;

• immediate termination without any notice of default if You fail to fulfil Your obligations pursuant to these Terms and Conditions; and

• upon termination of Malts Club.

9.7 If We terminate your Membership subject to this article, all accumulated points, credits, and rights will be forfeited and the information as registered in Your account can no longer be accessed as from the moment We declare the termination of Your Membership.

10. PROCESS OF YOUR PERSONAL DATA

The personal data that You provide to Us as a Member participating in Malts Club will be recorded and stored in Our database. We respect Your privacy and endeavour to handle the personal information You provide in accordance with the applicable privacy legislation. For a comprehensive overview of how We processes Your personal data, please refer to Our privacy policy as published on Our Websitewww.diageoprivacycentre.comand provisions 17 of the General Terms and Conditions of Sale.

11. LIMITATION OF OUR LIABILITY

11.1 We shall not be liable for damage caused by/to:

• (unauthorised) use of and/or fraudulent actions of any kind with the Membership account; and

• malfunctions on the Website.

11.2 We are not liable for any indirect, immaterial and/or consequential damages.

11.3 For the Customers with habitual residence in Austria and Germany, excluded from the exclusion of liability in article 11.1 and article 11.2 are claims for damages arising from injury to life, limb or health or from the breach of essential contractual obligations as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Us, our legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

11.4 In the event of a breach of essential contractual obligations, We shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Your claims for damages are based on injury to life, body or health.

11.5 The limitations of articles 11.1, 11.2 and 11.4 shall also apply in favor of Our legal representatives and vicarious agents if claims are made directly against them.

11.6 The limitations of liability resulting from articles 11.1, 11.2 and 11.4 shall not apply insofar as We have acted fraudulently.

12. APPLICABLE LAW

To all enquiries made by You, offers made by Us, (legal) actions arising from the Membership, any non-contractual obligations (intended), the use of Our Website as well as these Terms and Conditions themselves, Dutch law applies. If You are a consumer with habitual residence in the EU, You also enjoy protection of the mandatory provisions of the law of Your country of residence.

13. CONTACT AND COMPLAINTS

13.1 Your comments and suggestions are always welcome. You can submit your comments, suggestions, or complaints by customerservice@malts.com.

13.2 If You have a complaint, You can directlycontact us. In addition to the possibility of submitting Your complaint directly to us, You have the option of submitting Your complaint regarding the purchase of Products on Our website on the EU online dispute resolution platform (the ODR platform). The ODR platform provides Consumers with a simple alternative dispute resolution option in relation to online purchases. You can find the ODR platform