Terms and Conditions of Use
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 Pernod Ricard S.A., (“Pernod Ricard” or “we”).
Havana Club (the “Mark”) is a trademark owned by Havana Club Holding S.A.
This website is owned and published by Pernod Ricard S.A., company incorporated under the laws of France under the number 582 041 943, with a share capital of 411 403 467,60 €, having its registered office at 5, cours Paul Ricard, 75008 Paris, France. Pernod Ricard S.A. is the exclusive licensee of the Mark.
Tel: (33) 1 70 93 16 00
Email address: HC_contact@havana-club.com.
Chief Editor: Pauline BLANDIN
Panthéon – Amazon Web Services, Inc.
P.O. Box 81226
Seattle, WA 98108-1226
Tel: + 01 (206) 266-4064
AGE REQUIREMENT FOR USE OF SITE
To access or otherwise use the Site you must be of the age to legally purchase alcohol 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.
In certain countries, it is prohibited to consult a site such as ours, because local laws restrict or prohibit the sale and/or promotion of alcoholic beverages in general or certain Pernod Ricard products specifically. If you are consulting this Site from a country in which such restrictions or prohibitions 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 you may consider inappropriate or offensive. In such case, 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, assemble, recreate, distribute, present, show, disseminate, publicly display, transfer, transmit, publish, sell, attribute, transfer, make available to a third party, market, all or part of the Protected Elements, or create a derivative work of the Protected Elements or grant sub-license in any manner whatsoever, or
– modify or alter, all or part of the Protected Elements, with a view to obtaining unauthorized access to the Site or 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 drawings or 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, drawings or 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 medium. You grant to Pernod Ricard S.A. or any of its affiliated companies or subsidiaries exclusive rights on the Submissions, on a worldwide, 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.
If it appears that you remain the owner of the moral rights to the Submissions (including the rights to the authorship thereof and to their respect), you hereby declare that (a) you do not require that any personally identifiable information be associated with the Submissions, or any derivative or updated works thereof; (b) you do not object to the reproduction of the Submissions by us, our assignees, beneficiaries or any person to whom we have granted a licence; and (c) to the utmost extent permitted by law, you hereby waive any and all moral rights you may have in the Submissions.
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.
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, other proprietary or intellectual property rights, or derivative works with respect thereto, except as allowed herein or otherwise approved in advance for use by the owner of the relevant right; (b) are unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libellous, 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 and any components of the Site are protected by intellectual property rights, including copyright. We have no obligation to monitor any content on or through 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 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. PERNOD RICARD 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. PERNOD RICARD 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 PERNOD RICARD 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:
TO THE GREATEST EXTENT PERMITTED BY LAW NEITHER PERNOD RICARD S.A. NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS, SHALL 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 PERNOD RICARD 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 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 THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF PERNOD RICARD 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 EUROS).
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 which link to or 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 Pernod Ricard S.A. of such sites or the content, products, advertising or other materials presented on such sites. Pernod Ricard S.A. does not author, 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.
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.
As a consumer, you will benefit from all the mandatory provisions of the local law of the country where you reside. Nothing in these Terms and Conditions shall affect your right, as a consumer, to avail yourself of these provisions.
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.
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.
Last update: October 30, 2020