Terms and Conditions

22 Mar. 2017
The following terms and conditions of use (the "Terms and Conditions") govern your use of the Havana Club web site accessible at the address www.havana-club.com, which shall include, without limitation, the home page, and all other pages under the same top level domain name, and all content thereon (the "Site") as provided by Havana Club International S.A., ("Havana Club International S.A." or "we"). We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Site. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS WELL AS TO THE PROVICY POLICY AND COOKIE POLICY. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site. By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.

LEGAL NOTICE

Havana Club (the “Mark”) is a trademark owned by Havana Club Holding S.A.

Publisher

This website is owned and published by Havana Club International S.A., a company incorporated under Cuban law and public write No 159, located at Calle A No 309 e/13 y 15 Vedado, Plaza, Ciudad La Habana, Cuba with a share capital of 500 000 USD. Havana Club International S.A. is the exclusive licensee of the Mark.
Tel: +537 838-5800
Email address: HC_contact@havana-club.com.
Chief Editor: Jérôme Cottin-Bizonne

Design and production

Razorfish France S.A.S, a company incorporated under the laws of France, with its registered office at 57 boulevard de la Villette, 75010 Paris, France.
Tel: (33) 1 58 17 59 00

Hosting company

Amazon Web Services, Inc.
P.O. Box 81226
Seattle, WA 98108-1226
United States
Tel: + 01 (206) 266-4064
 

Age Requirement for Use of Site:

To access or otherwise use the Site you must be of legal purchase age or older in the jurisdiction in which you reside or the jurisdiction from where you are accessing the Site (whichever applies). if this is not the case, please leave this Site. If you are of the requisite age, please consume our products with moderation.
In certain countries, it is prohibited to consult a site such as ours, because local laws restrict the sale and/or promotion of alcoholic beverages. If you are consulting this Site from a country in which such restrictions apply, please disconnect immediately. If you are not familiar with your country’s laws on this subject, we recommend that you leave this Site and consult your rights before continuing.
Certain content on the Site may contain material that may be considered inappropriate or offensive. If you consider any material on the Site to be inappropriate or offensive, please do not visit this Site.
 
 

Intellectual Property Rights:

- Protection of the Site and its contents by intellectual property rights

The Site itself, such as its architecture, its presentation, its graphic standards and everything it contains as well as all the material (texts, graphs, graphics, logos, drawings, images, etc.) which are published on the Site are protected by intellectual property rights, including copyright (hereinafter referred to as the “Protected Elements”). We are the owner and/or the authorized user of the Protected Elements.
Without such list being exhaustive, you shall not, in particular:
- reproduce, copy, modify, create a derivative work, assemble, recreate, distribute, present, show, disseminate, publicly display, transfer, transmit, publish, sell, attribute, sub-license, transfer, make available to a third party, market, all or part of the Protected Elements, in any manner whatsoever,
- modify, alter, all or part of the Protected Elements with a view, in particular, to obtaining unauthorized access  to the Site and accessing the Site by any means other than the connection interface with the user space, furnished for such purpose via the Site.

- Protection of trademarks 

We are the authorized user of the Mark and all related logos, labels and designs appearing on the Site. We do not grant you any license to use them by including them on the Site.
You also agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that you submit or otherwise communicate to the Site (hereinafter “Submissions”), may be used by us in any manner, by any means and on any support.  You grant to Havana Club International S.A. exclusive rights on the Submissions, on an irrevocable and royalty-free basis for any and all purposes, including, but not limited to, any reproduction, such as download, advertisement, sale, license, in any or all fields by any method known or hereafter known.

USER INFORMATION:

In the course of your use of the Site, you may be asked to provide certain information to us and we may collect certain information about you and your use of the Site (such information referred to hereinafter as "User Information"). Havana Club International S.A.’s information collection and use policies with respect to such User Information are set forth in the Site Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy, content and updating your User Information.

NO CONFIDENTIALITY:

You agree and acknowledge that by using this Site, any and all communications and/or information transmitted by you to or through the Site will not be treated as confidential or secret.

USER CONDUCT:

 You warrant and agree that, while using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials that: (a) are protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, except as allowed herein or otherwise priory approved by user by the copyright owner; (b) are unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another’s privacy, or hateful, (c) restrict or inhibit any other user from using and enjoying the Site, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact. You also warrant and agree that you shall not: (a) impersonate, or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming or flooding; or (d) attempt to gain unauthorized access to other computer systems through the Site. Except as otherwise expressly permitted herein, you may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted. We have no obligation to monitor any content on or through the Site and we assume no obligation. You acknowledge and agree, however, that we do retain the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect ourselves or our users. We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions. You agree to defend, indemnify and hold Havana Club International S.A., its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including, without limitation, reasonable legal fees and costs, arising in any way from your use of the Site or the placement or transmission of any message, information, software or other materials through the Site by you.

DISCLAIMER OF WARRANTIES:

THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HAVANA CLUB INTERNATIONAL S.A. DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. HAVANA CLUB INTERNATIONAL S.A. MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HAVANA CLUB INTERNATIONAL S.A. OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
 

LIMITATION OF LIABILITY:

UNDER NO CIRCUMSTANCES SHALL HAVANA CLUB INTERNATIONAL S.A. OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS, TO THE EXTENT PERMITTED BY LAW,  BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF HAVANA CLUB INTERNATIONAL S.A. OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL HAVANA CLUB INTERNATIONAL S.A. BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF HAVANA CLUB INTERNATIONAL S.A. TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, € 100 (one hundred).
 

LINKS FROM AND TO THE SITE:

You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by websites to which you may link from the Site ("Linked Sites"). The decision to activate the links belongs to you and is under your sole responsibility. The creation of links from the Site requires our prior written consent, which may be requested by email at the following address: HC_contact@havana-club.com. Links from and to Linked Sites do not constitute an endorsement by or association with Havana Club International S.A. of such sites or the content, products, advertising or other materials presented on such sites. Havana Club International S.A. does not author, edit, or monitor these Linked Sites. You acknowledge and agree that Havana Club International S.A. is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.
 

APPLICABLE LAWS:

This Site is operated from France. In all matters relating to this Site, the applicable law shall be the law of France. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

MISCELLANEOUS:

We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.

Copyright Act Agent:

We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.