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 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 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

• Hosting company
• Panthéon – 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, 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 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.

RESPONSIBLE DRINKING:

You warrant and agree that you are of minimum age legally required to consume and/or purchase alcohol in accordance with the regulations of user’s country of residence. No website nor account (Twitter, Instagram, Youtube, Facebook, etc.) relating to the brand should be sharable to people under the legal drinking age.

HAVANA CLUB INTERNATIONAL S.A. and all companies within the Pernod Ricard Group has long been committed to promoting a responsible consumption of alcoholic beverages and 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.

While using the Sites or Social Accounts of the brand, 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 to or distribute or otherwise publish through the Sites and Social Media Account 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 drinking 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 any kind of dangerous activity;
• implies alcoholic beverages have any physical, psychological, intellectual benefits or contributes to sexual success;
• implies alcoholic beverages gives confidence or helps to overcome individual or social problems;
• 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 behavior.  

We reserve the right to delete any contribution that do not comply with the above rules.

To know more about our engagement: http://wise-drinking.com/

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.

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