THE FOLLOWING TERMS AND CONDITIONS OF USE (THE “TERMS AND CONDITIONS”) GOVERN THE USER (“You” or “Your”) USE OF THE HAVANA CLUB WEB SITE ACCESSIBLE AT 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 PERNOD RICARD S.A., (“PERNOD RICARD S.A.” OR “WE” OR “OUR” OR “OURS”). WE MAY OCCASIONALLY MODIFY THE FOLLOWING TERMS AND CONDITIONS AT ANY TIME AND WITHOUT NOTICE TO YOU.
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 SHALL 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.
1. INTRODUCTION
This Website is owned and operated by Pernod Ricard S.A., company incorporated under the laws of France under the company number 582 041 943, with a share capital of 391,017,252.25€, and having its registered office at 5, cours Paul Ricard, 75008 Paris, France. Pernod Ricard S.A. is the exclusive distributor and licensee of the Havana Club trademark.
Email address: [email protected]
Chief Editor: Nathalie Parte
Hosting company
Panthéon – Amazon Web Services, Inc.
P.O. Box 81226
Seattle, WA 98108-1226
United States
Tel: + 01 (206) 266-4064
2. AGE REQUIREMENT FOR USE OF SITE:
To access or use the Site, You must be of legal age to buy alcoholic beverages in Your country of residence or in the country from which You access the Site (whichever is applicable). If You are not of legal age, please leave the Site and do not use it.
In certain countries, local laws restrict the sale and/or promotion of alcoholic beverages and may prohibit access to a site like Ours. If You are in a country where such restrictions apply, please leave the Site. If You are unsure about the laws in Your country, We recommend that You leave the Site and check Your rights before continuing.
The Site contains advertising and promotional content relating to alcoholic beverages intended for adults of legal drinking age. If You find such content inappropriate or unsuitable, You should refrain from accessing the Site
3. INTELLECTUAL PROPERTY RIGHTS:
Protection of the Site and its contents by intellectual property rights
The Site itself, including its architecture, its presentation, its graphic content and all materials (such as texts, graphs, graphics, logos, drawings, images, etc.) published on it, are protected by intellectual property rights, including copyright (hereinafter “Protected Elements”). We own and are authorized to use the Protected Elements.
Without such list being exhaustive, You shall not:
- reproduce, copy, modify, create derivative works, assemble, recreate, distribute, present, show, disseminate, publicly display, transfer, transmit, publish, sell, attribute, sub-license, transfer, make available to a third party, market, decompile or disassemble, or in any way exploit all or part of the Protected Elements, by any means.
- modify or alter all or part of the Protected Elements, including for the purpose of gaining unauthorized access to the Site.
Content on the Site is provided for lawful purposes only.
Protection of trademarks
The Havana Club trademark, together with all related logos, trade dress, labels, designs and other intellectual property displayed on the Site, are owned by or licensed to Us or Our affiliated companies and are protected by applicable intellectual property laws. Their display on the Site does not grant any license or right to use them without Our prior written consent.
You also agree and acknowledge that by submitting any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials (hereinafter “Submissions”), You grant Us a worldwide, perpetual, irrevocable, transferable, sub-licensable, royalty-free license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Submissions, in whole or in part, in any media now known or hereafter developed, for any purpose.
4. USER INFORMATION:
During Your use of the Site, You may be asked to provide certain information and We may collect certain information about You and Your use of the Site (hereinafter “User Information”). PERNOD RICARD S.A.’s practices regarding the collection, use and processing of such User Information are set out in the Site Privacy Policy. You acknowledge and agree that You are solely responsible for ensuring that Your User Information is accurate, complete and kept up to date.
5. NO CONFIDENTIALITY:
You agree and acknowledge that, except otherwise stated in the Site Privacy Policy, any ideas, suggestions, creative concepts, user-generated content or other similar materials that You submit to, or through the Site in public or interactive areas will not be treated as confidential or secret.
6. USER CONDUCT:
You warrant and agree that, while using the Site, You shall not upload, transmit to, the Site any materials that:
(a) are protected by copyright, other intellectual property rights, or derivative works with respect thereto, except as allowed herein or approved in advance by the relevant rights’ owner;
(b) are unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another person’s privacy, or otherwise hateful, or contain explicit or graphic descriptions or depictions of sexual acts, including, without limitation, sexually explicit language of a violent or threatening nature directed at any individual or group of individuals;
(c) restrict or inhibit any other user from using and enjoying the Site;
(d) constitute or encourage conducts 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, 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 person or entity;
(b) upload, transmit, reproduce, distribute or by any means exploit any information or other material obtained via 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, in whole or in part, upload, post, publish, reproduce, transmit or distribute, by any means, components of the Site, or create any derivative works based on the Site and its components which are protected by intellectual property rights, including, without limitation, copyright.
We have no obligation to monitor any content, on the Site, and We assume no obligation to do so. 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 PERNOD RICARD S.A., its directors, officers, employees, agents and affiliates harmless from and against any and all claims, liabilities, costs and expenses, including, without limitation, reasonable legal fees and costs, arising out of or in connection with Your use of the Site or Your submission, transmission, or dissemination of any message, information, software, or other materials through the Site.
7. RESPONSIBLE DRINKING:
You warrant and agree that You are of minimum legally required age to consume and/or purchase alcohol in accordance with the regulations of Your country of residence. No Website or social media account (Twitter, Instagram, YouTube, Facebook, etc.) (“Social Accounts”) relating to the Havana Club trademark should be shared to people under the legal drinking age.
PERNOD RICARD S.A. and all companies within the Pernod Ricard Group have long been committed to promoting a responsible consumption of alcoholic beverages and to discouraging misuse of Our products.
We have acted through a broad range of initiatives, in partnership with a wide range of organizations, including industry associations, regulators and public authorities’ representatives to do so.
While using the Sites or Social Accounts of the Havana Club trademark, You agree to upload, post or transmit content in respect with the promotion of responsible drinking and not to encourage immoderate or inappropriate consumption of Our products. To ensure compliance with that commitment, You shall not upload, post or transmit, or distribute or, by any means, publish through the Site and Social Accounts any materials that:
- features any people who are or appear to be under the legal drinking age, including portraying them consuming alcoholic beverages;
- is made by someone under the legal drinking age;
- encourages underage purchase or consumption of alcoholic beverages, or illegal, irresponsible or immoderate drinking;
- promotes over-consumption or condemns or criticizes in any way anyone who chooses not to drink alcohol;
- portrays irresponsible drinking in a positive light or associates drinking with driving, operating any kind of machinery or engaging in any kind of dangerous activity;
- implies or suggests that alcoholic beverages provide any physical, psychological, or intellectual benefits, or contribute to sexual success or performance;
- glorifies the alcohol strength or relates to intoxicating effects of alcoholic beverages;
- mentions drinking alcohol in relation to any kind of illegal, antisocial, dangerous, aggressive or violent behaviour.
We reserve the right to delete any contribution that does not comply with the above-mentioned rules.
To know more about our engagement: https://www.responsibility.org/
8. DISCLAIMER OF WARRANTIES:
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS, FEATURES AND MATERIALS MADE AVAILABLE THROUGH THE SITE, IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, AVAILABILITY, USEFULNESS OR RELIABILITY OF THE INFORMATION PROVIDED, ANY WARRANTY OF UNINTERRUPTED ACCESS, AND ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR SUITABILITY FOR A SPECIFIC PURPOSE.
PERNOD RICARD S.A. DOES NOT WARRANT THAT THE SITE, OR ANY OF ITS FUNCTIONS, FEATURES OR CONTENT, WILL BE AVAILABLE AT ALL TIMES, IN A TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE MANNER, OR THAT ANY DEFECTS WILL BE IDENTIFIED OR CORRECTED. PERNOD RICARD S.A. MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PERNOD RICARD S.A. OR THROUGH THE SITE SHALL CREATE ANY WARRANTY OR GUARANTEE NOT EXPRESSLY SET FORTH IN THESE TERMS.
IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF ITS CONTENT, FEATURES OR FUNCTIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.
9. LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES SHALL PERNOD RICARD S.A. OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, CONTENT OR SERVICE PROVIDERS, TO THE EXTENT PERMITTED BY LAW, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, ARISING FROM THE USE OF, OR ACCESS TO, THE INABILITY TO USE OR ACCESS, THIS SITE, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATIONAL TRANSMISSION, COMPUTER VIRUS OR LINE FAILURE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOSS OF BUSINESS OR SALES, EVEN IF PERNOD RICARD S.A. 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 PERNOD RICARD 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 VIA THE SITE.
10. LINKS FROM AND TO THE SITE:
You acknowledge and agree that We do not hold any liability regarding the accuracy or availability of information provided by any third-party websites accessible through the Site (“Linked Sites”). The decision to activate the links belongs to You and is under Your sole responsibility. Links from and to Linked Sites do not constitute an endorsement by, or association with, PERNOD RICARD S.A., or content, products, advertising or other materials presented on such Linked Sites. PERNOD RICARD S.A. does not produce, edit, or monitor these Linked Sites. You acknowledge and agree that PERNOD RICARD 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.
11. APPLICABLE LAWS:
This Site is operated from France. In all matters relating to this Site, it shall be governed by the laws 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 shall comply with local laws, if and to the extent that local laws are applicable.
12. 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 whole of the Site without notice or penalty.
If any provision of these Terms and Conditions is held to be unlawful, void or unenforceable, all remaining provisions shall be deemed to remain in full force and effect.