WEB SITE TERMS AND CONDITIONS
1. INTRODUCTION TO WEB SITE TERMS
1.1 This web site WWW.RUM.CO.UK ("Site") is owned and operated by J. Wray & Nephew (UK) Ltd Limited ("J.Wray & Nephew") of The Foundry, Blackfriars Road, London SE1 8EN.
1.2 You should read these terms and conditions carefully before using this Site. By browsing and/or using this Site you are agreeing to be bound by these terms and conditions set out below ("Web Site Terms and Conditions"). Please note that J.Wray & Nephew may revise the Web Site Terms and Conditions from time to time and any changes will be posted on and included in the then last update of the Web Site Terms and Conditions. It is your responsibility to review the Web Site Terms and Conditions each time you access this Site, to ensure that you agree with them. If you continue to use the Site after such an amendment has been made you will be deemed to have accepted such amendments and will be bound by them.
1.3 J.Wray & Nephew maintains this Site for the personal, non-commercial access by and use of individuals (which terms does not include, for the avoidance of doubt, any access or use of this Site, or of any of the content of, information and materials on it, by automated means) in countries and other territories where the consumption of alcoholic beverages is lawful, by persons who are lawfully permitted to consume alcoholic beverages and where the access to and use of this Site is lawfully permitted.
1.4 PLEASE EXIT THIS SITE IMMEDIATELY IF YOU DO NOT ACCEPT THE WEB SITE TERMS AND CONDITIONS, OR IF YOU ARE NOT OF A LEGAL AGE FOR CONSUMING ALCOHOLIC BEVERAGES IN THE COUNTRY OR OTHER TERRITORY IN WHICH YOU ARE LOCATED, OR IF YOU ARE IN A COUNTRY OR OTHER TERRITORY WHERE THE ACCESS OF OR USE OF THIS SITE IS NOT PERMITTED.2.
2. TERMINATION OF ACCESS TO SITE
2.1 J.Wray & Nephew reserves the right, at its exclusive option, to restrict or terminate your access to and/or the availability of this Site or any feature or part thereof at any time, with or without notice.
3. INTELLECTUAL PROPERTY
3.1 All the content of, information and materials visible or readable in whatever form on the Site and underlying software, including trade mark, logos, design, text, images, audio and video materials, clips and graphics, are owned by, or licensed to, J.Wray & Nephew and/or its affiliates. In respect of audio materials, available through the Site, please see paragraph below. You may download materials contained on this Site (but subject in the case of audio materials to the contents of paragraph 3.2 below) to a single personal computer and/or print a single hard copy of such materials provided that the following six conditions are met: Site(a) the material is solely for non-commercial and personal use (b) the material is not altered in any manner;(c) you are located in a country or other territory where the consumption of alcoholic beverages is lawfully permitted;(d)you are of a legal age to consume alcoholic beverages in the country or other territory in which you are located; and(e)you are located in a country or other territory where the access of and use of this Site is lawfully permitted.
3.2 As far as it is aware, J.Wray & Nephew has arranged a licence to enable the downloading of music / audio material through the Site. J.Wray & Nephew does not authorise the use of the player for any situation or activity which amounts to or includes an unlawful reproduction or a breach of any right relating to any material downloaded through the Site. No warranties or obligations are given or implied by J.Wray & Nephew that the user has the necessary rights or permissions to reproduce any such material. It is the responsibility of the user to check and to ensure that the reproduction or use of any such material does not infringe the right of any third party, and users download at their own risk.
3.3 Except as stated above, you may not modify, copy, print, distribute, republish, display, reproduce, transmit, download or upload, or otherwise use any of the content of, information and materials on this Site and underlying software and nothing contained on and/or in this Site shall grant, whether by implication, estoppel, or otherwise, any license or right to you to use any of the content of, information and materials on of this Site and underlying software, without the prior express and written consent of J.Wray & Nephew. No intellectual property or other rights shall be transferred to you.3.4 Unless otherwise specified, the authors of the literary and artistic works on this Site have asserted their moral rights pursuant to section 77 of the Copyright Designs and Patent Act 1988 to be identified as the author of those works.
3.4 You will not disrupt or interfere with or alter this Site and/or any of the contents of, information and materials on this Site. Any person or company that wishes to provide a link to this Site and/or any of the content of, information and materials on this Site must seek prior written permission from J.Wray & Nephew.
4. EXCLUSION OF AND LIMITATION OF LIABILITY
4.1 ALTHOUGH J.Wray & Nephew HAS TAKEN REASONABLE CARE TO ENSURE THAT ALL OF THE CONTENT OF, INFORMATION AND MATERIALS ON THIS SITE IS ACCURATE, YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND ALL OF THE CONTENT OF, INFORMATION AND MATERIALS ON IT ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCESSIBILITY AND REPRESENTATIONS OR ANY WARRANTIES THAT ACCESS TO OR USE OF THIS SITE AND/OR OF THE CONTENT OF, INFORMATION AND MATERIALS ON IT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THIS SITE AND/OR THE CONTENT OF, INFORMATION AND MATERIALS ON IT WILL BE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL MATERIAL OR ELEMENTS, OR THAT ANY OF THE CONTENT OF, INFORMATION AND MATERIALS ON THIS SITE WILL BE COMPLETE, ACCURATE, TIMELY OR COMPLETE
4.2 WHERE J.Wray & Nephew PROVIDES HYPERTEXT LINKS TO OTHER WEB SITES, IT DOES SO FOR INFORMATION PURPOSES ONLY AND SOLELY FOR YOUR CONVENIENCE. BACARDI HAS NO CONTROL OVER, IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY SUCH SITE AND/OR THE CONTENT OF, INFORMATION AND MATERIALS ON ANY SUCH LINKED WEB SITE OR ANY PART OF IT. J WRAY & NEPHEW DOES NOT ENDORSE ANY CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES ON ANY SUCH LINKED WEB SITE, IT HAS NOT REVIEWED ANY OR ALL OF THE SAME AND BACARDI DOES NOT NECESSARILY SUPPORT OR APPROVE ANY VIEWS OR OPINIONS EXPRESSED ON SUCH SITES. YOU USE SUCH LINKS ENTIRELY AT YOUR OWN RISK. YOUR ACCESSING, VIEWING, BROWSING AND/OR USE OF ANY SUCH OTHER WEB SITE AND/OR ANY OF THE CONTENT OF, INFORMATION AND MATERIALS ON IT IS CONDUCTED ENTIRELY AT YOUR OWN RISK.
4.3 TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER J.Wray & Nephew NOR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION ALL THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, SHALL BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND PUNITIVE DAMAGES, LOST PROFITS, AND DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION OR OTHER LOSSES OR DAMAGE OF WHATEVER KIND) ARISING FROM OR RELATING TO YOUR ACCESS OF, THE USE OF OR INABILITY TO ACCESS OR USE THIS SITE AND/OR THE CONTENT OF, INFORMATION AND MATERIALS ON IT OR YOUR RELIANCE ON ANY OF THE SAME OR ANY HYPERTEXT LINK TO ANOTHER WEB SITE OR YOUR ACCESS OF OR USE OF ANY OF THE CONTENT OF, INFORMATION AND MATERIALS ON OR CONTAINED IN OR ACCESSED THROUGH SUCH OTHER WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER OR NOT J.Wray & Nephew OR ANY OF ITS AFFILIATES HAS BEEN NEGLIGENT OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.1 You agree to defend, indemnify and hold harmless (and shall continue to indemnify and hold harmless), on demand, J.Wray & Nephew and its affiliates (including, without limitation, all their officers, directors, employees and agents) from and against any damages and/or losses, and/or any claim and/or demand made by any third party, and all associated liabilities, damages, costs and expenses (including but not limited to reasonable legal fees) arising out of or relating to your access, browsing or use of this Site, content which you transmit to this Site or your violation of any rights of another, which arises by and/or pursuant to your breach of the Web Site Terms and Conditions.
5.2 Should J.Wray & Nephew, in its sole discretion, determine that you have breached the Web Site Terms and Conditions, then nothing herein shall prevent or in any way restrict J.Wray & Nephew right to pursue any of its legal and/or other remedies, including, without limitation, court action.
6. PERSONAL DETAILS
7. COMPETITIONS AND PRIZES
7.1 From time to time J.Wray & Nephew may run competitions, free prize draws and/or promotions ("Competitions") on this Site. Competitions are subject to additional terms and conditions that, when such Competitions are run, shall be posted at the Competitions section(s) and/or areas of the Site ("Competitions Terms and Conditions"). By accessing and entering the Competitions section(s) and/or areas of the Site and/or by participating in the Competitions you agree to be bound by any such Competitions Terms and Conditions.
8. GOVERNING LAW AND JURISDICTION
8.1 These Web Site Terms and Conditions and your access and use of this Site shall be governed by and construed in accordance with English law. By accessing and using this Site you accept that any dispute under these Web Site Terms and Conditions or arising out of access and/or use of this Site shall be subject to the exclusive jurisdiction of the English courts and by accessing and/or using this Site you hereby submit to the jurisdiction of such courts for such purposes.
6.2 You are responsible for compliance with any applicable laws of the country from which you are accessing and/or this Site.
9.1 These Web Site Terms and Conditions (together with any other terms and conditions referred to herein) constitute the entire agreement between J.Wray & Nephew and you concerning its subject matter, and supersede any prior agreements relating to such subject matter. You may not in any way vary or amend these Web Site Terms and Conditions.
9.2 If any provision of these Web Site Terms and Conditions is unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect.
9.3 References to a particular product or service does not imply that J Wray & Nephew and its affiliates intend to make such products or services available in any or all countries.
No waiver of any provision of the Terms and Conditions shall be deemed a further or continuing waiver of any such provision or any other provision.