Terms and Conditions - JAB Spirits

J.A.B. INTERNATIONAL, LTD. TERMS AND CONDITIONS OF WEBSITE USE

AGREEMENT BETWEEN USER AND J.A.B. INTERNATIONAL LTD. AND THE COMPANIES WITHIN THE J.A.B. GROUP OF COMPANIES (TOGETHER, THE “GROUP COMPANIES”) AND THEIR AFFILIATES (“J.A.B.”)

This website (the “J.A.B. Web Site” and any and all other websites operated by J.A.B. (together, “Our Sites”) is comprised of various Web pages operated by J.A.B.

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of Our Sites and any and all other online or digital platforms (including without limitation mobile and other applications, such as Facebook apps) which are maintained by J.A.B.. Please read these terms of use carefully before you start to use Our Sites.

Our Sites are maintained by J.A.B. for the personal use of persons who are lawfully permitted to purchase and consume alcoholic beverages, in countries and other territories where the sale, advertising and consumption of alcoholic beverages is lawful. By using Our Sites, you indicate that you accept these terms of use and that you agree to abide by them. By your continued use of Our Sites you indicate your continuing acceptance of these terms of use. These Terms and Conditions of Website Use are personal to you. You may not transfer your rights or obligations under this agreement to anyone else.

Please exit Our Sites immediately if you do not accept these terms of use, if you are not of legal age for consuming alcoholic beverages in the country or other territory in which you are located or if you are accessing Our Sites in a country or other territory where use of Our Sites is not permitted. You assume all knowledge of applicable law and are responsible for compliance with any such laws. By using Our Sites, you are representing that you are legally permitted to consume alcoholic beverages in the country or other territory in which you are located or accessing or using Our Sites (“a Legal Drinking Age”).

Our Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of Our Sites constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS AND CONDITIONS OF WEBSITE USE

J.A.B. reserves the right to change the terms, conditions, and notices under which Our Sites are offered, including but not limited to the charges associated with the use of Our Sites. J.A.B. can transfer its rights and obligations under this agreement to any third party.

LINKS TO OUR SITES

You must not establish a link from any website to any page in Our Sites or frame Our Sites on any other site. Unless otherwise authorised in writing by us, you may not suggest any form of association, approval or endorsement of any website on J.A.B.’s part.

If you wish to make any use of Material on Our Sites other than that set out above, please address your request for the attention of our Marketing Department at 242-601-9300.

LINKS TO THIRD PARTY SITES

Our Sites may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of J.A.B., and J.A.B. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. J.A.B. is not responsible for webcasting or any other form of transmission received from any Linked Site. J.A.B. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by J.A.B. of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

You may use Our Sites only for lawful purposes, and J.A.B. reserves the right, in our sole discretion, to terminate your use of Our Sites. You may not use Our Sites:

In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any Material which does not comply with our content standards below.
To transmit or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware (“Malicious Code”).

USE OF COMMUNICATION SERVICES

Our Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

J.A.B. has no obligation to monitor the Communication Services. However, J.A.B. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole and absolute discretion. J.A.B. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

J.A.B. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request or to edit, refuse to post or to remove any information or materials, in whole or in part, in J.A.B.’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. J.A.B. does not control or endorse the content, messages or information found in any Communication Service and, therefore, J.A.B. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized J.A.B. spokespersons, and their views do not necessarily reflect those of J.A.B..

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO J.A.B. OR POSTED AT ANY J.A.B. WEB SITE

J.A.B. does not claim ownership of the materials you provide to J.A.B. (including feedback and suggestions) or post, upload, input or submit to any J.A.B. Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting J.A.B., its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. J.A.B. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in J.A.B.’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITES AND EVENTS

Your privacy is important to us. J.A.B. will process information about you in accordance with our Privacy Policy. By using Our Sites, you consent to such processing and you warrant that all data provided by you is accurate.

J.A.B. may organise events to which you may be invited. J.A.B. reserves the right to collect still and moving images at those events and to publish them on Our Sites and other websites operated by us for information purposes about our brands’ marketing activities. By accepting to be our guest at any such event, you also consent to being photographed and filmed during your attendance and grant us the right to publish your images on Our Sites and other websites for editorial purposes throughout the world in perpetuity without limitations and without any compensation. If your image is published on Our Sites or any of our websites and you disagree with its use, please ask us to remove it by writing to our Marketing Department at 242-601-9300.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH OUR SITES SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. J.A.B. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN OUR SITES AT ANY TIME. ADVICE RECEIVED VIA OUR SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

J.A.B. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OUR SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. J.A.B. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL J.A.B. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF OUR SITES, WITH THE DELAY OR INABILITY TO USE OUR SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGHOUR SITES, OR OTHERWISE ARISING OUT OF THE USE OF OUR SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF J.A.B. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OFOUR SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USINGOUR SITES.

J.A.B. MAKES NO GUARANTEES THAT OUR SITES ARE FREE FROM SO CALLED COMPUTER VISURSES. IT IS STRONGLY RECOMMENDED THAT YOU CHECK FOR SUCH VIRUSES BEFORE DOWNLOADING OUR SITES OR THEIR CONTENTS. YOU ARE RESPONSIBLE TO PROTECT YOUR COMPUTER FROM MAILICIOUS OR DESTRUCTIVE CONTENT AND PROGRAMS SUCH AS VIRUSES, WORMS AND TROJANS AND TO PROTECT YOUR INFORMATION AS YOU DEEM APPROPRIATE.

BY USINGOUR SITES, YOU EXPRESSLY AGREE THAT YOU ARE USING OUR SITES AT YOUR SOLE RISK.

FAILURE OF J.A.B. TO INSTIST UPON STRICT PERFORMANCE OF ANY PROVISION OF THIS AGREEMENT OR THE FAILURE OF J.A.B. TO EXERCISE ANY RIGHT OR REMEDY TO WHICH IT IS ENTITLED HEREUNDER SHALL NOT CONSTITUTE A WAIVER THEREOF AND SHALL NOT CAUSE A DIMINUTION OF THE OBLIGATIONS UNDER THIS AGREEMENT. NO WAIVER OF ANY OF THE PROVISIONS OF THIS AGREEMENT SHALL BE EFFECTIVE UNLESS IT IS EXPRESSLY STATED TO BE SUCH BY J.A.B.

J.A.B. SHALL NOT BE RESPONSIBLE FOR LIABLE FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY MATTER BEYOND OUR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, FLOODS, FIRE, EXPLOSIONS, WAR, INTERNET OR COMMUNICATIONS OUTAGES OR FAILURES, INDUSTRIAL DISPUTES OR STRIKES.

MARKETING DEPARTMENT CONTACT: 242-601-9300.

INDEMNIFICATION

You shall indemnify and hold harmless J.A.B., its suppliers, licensors, contractors, affiliates, parents, subsidiaries and their respective officers, directors, employees, consultants, representatives and agents from and against any and all claims, law suits, causes of action or demands, including without limitation reasonable legal, accounting and other professional frees, brought as a result of or arising out of your use of Our Sites by you or any other person accessing Our Sites using your Internet account or arising out of any violation of this agreement. You shall cooperate as fully as reasonably required in the defense of any such claim. J.A.B. reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you. The indemnifications given by you and the limitations of liability contained herein shall continue notwithstanding termination of the use of Our Sites.

TERMINATION/ACCESS RESTRICTION

J.A.B. reserves the right, in its sole discretion, to withdraw or amend any services provided on Our Sites in its sole discretion. J.A.B. also reserves the right to restrict access to some parts of or to the entirety of Our Sites and to terminate your access to Our Sites and the related services or any portion thereof at any time, without notice. You acknowledge and accept that J.A.B. does not guarantee continuous, uninterrupted or secure access to Our Sites and that operation of Our Sites may be interfered with or adversely affected by numerous factors or circumstances outside of J.A.B.’s control.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of The Bahamas and you hereby consent to the exclusive jurisdiction and venue of courts in the Bahamas in all disputes arising out of or relating to the use of Our Sites. Use of Our Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and J.A.B. or any of its suppliers as a result of this agreement or use of Our Sites. J.A.B.’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of J.A.B.’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of Our Sites or information provided to or gathered by J.A.B. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and J.A.B. with respect to Our Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and J.A.B. with respect to Our Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.