This page (together with the documents referred to on it) tells you the terms of use on which you may make use of this website and any and all other online or digital platforms (including without limitation mobile and other applications, such as Facebook apps) which we maintain (our “Site”). Please read these terms of use carefully before you start to use our Site. To access the Site you must be of legal drinking age in the country where you reside. Please exit the Site immediately if you are not of a legal age for consuming alcoholic beverages in the country or territory in which you reside, or are in a country or territory where the access to the Site is not permitted. By using our Site, you indicate that you accept these terms of use and that you agree to abide by them. Please exit our Site immediately if you do not accept these terms of use.
- ACCESS TO THE SITE
Access to our Site is permitted on a temporary basis to users located in countries or other territories where the sale, advertising and consumption of alcoholic beverages is permitted. We reserve the right to withdraw, amend, suspend or terminate indefinitely the services we provide on our Site without notice. We may suspend, terminate, or restrict access to the services we provide on our Site if you have breached these terms. We may also suspend, terminate or restrict access with immediate effect if, for example, we need to take steps to defend the Site or its users from fraud, malware, spam or cybersecurity or data breaches or if we are required to do so by law. We will not be liable if for any reason our Site is unavailable at any time or for any period.
- USER NAME AND PASSWORD
Where a registration procedure applies, you may be required to register with our Site in order to access certain areas of the Site. With respect to any such registration, we may refuse to grant you, and you may not use, a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
Where you are given a username and account details as part of your registration, you must keep your username and any passwords confidential, and you must not disclose it to any third party. We will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with any unauthorised use of your username and password by a third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
You agree to immediately notify us at nwl@noblewoodspirits.com of any unauthorized use of your password or user name or any other breach of security related to your account, your user name or the Site.
- INTELLECTUAL PROPERTY RIGHTS
All intellectual property and database rights, in our Site, and in the materials published on it by us, including but not limited to trademarks, designs, logos, text, images, audio and video materials, (“Intellectual property”) are owned by us, our subsidiaries, affiliates companies and/or any of our partners. The Intellectual property is protected under applicable laws around the world, and under international treaties – in particular under copyright and trademark laws. All such rights are reserved. You may not remove any copyright or other proprietary notices from any Intellectual property.
Except as provided in these Terms of Use, the use of this Site does not grant you any rights, title, interest or license to any Intellectual property.
You are also not permitted to publish, distribute, transmit online or offline or otherwise use the Intellectual property in any way for any public or commercial purpose, without the prior and express written consent of Company.
- USE OF THE SITE
You may use our Site only for lawful purposes and we reserve the right, in our sole discretion, to terminate your use of the Site where you are in breach of these terms.
You may print or have printed by a third party one (1) copy of any downloadable information or materials offered on the Site provided that all of the following conditions are met:
- You require the materials or information solely for private, and not for direct or indirect commercial, purposes;
- Your use of the materials is for lawful purposes;
- No copyright or other notice regarding the rights or property of third parties is removed from the materials or information;
- You do not assert any copyright or other intellectual property, ownership or other interest or right in respect of the materials or information;
- You agree to abide by any copyright notice or other restrictions contained in or applicable to such materials, including any author attribution, copyright or trademark notice or restriction in any such material that you download;
- You reside in a country or territory where the consumption of alcoholic beverages is permitted; and
- You are of a legal age to consume alcoholic beverages pursuant to the laws of the country or territory in which you reside or of the age at which you have legal capacity to contract in the country in which you are resident, whichever is the greater.
If you print or otherwise use any information or materials on the Site in breach of these Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the information or materials that you have made.
- USER GENERATED CONTENT
You are solely liable of any content you may post or upload onto the Site and the consequences of disclosing, broadcasting, forwarding or making available such content. We do not adhere or approve any content, opinion, suggestion or notice generated by You and we decline any and all responsibility and liability in respect of any such content to the fullest extent permitted by applicable law.
We reserve the right to remove any content which would breach these Terms of Use, may be offensive, illegal or otherwise objectionable in any way. We do not pre-moderate any content provided by you.
The views expressed by other users on our Site do not represent our views or values and are not endorsed by us. We expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our Site content standards. If you wish to complain about content uploaded by other users, please contact us on nwl@noblewoodspirits.com.
You accept that we may freely and peacefully use, at no cost and without any restriction, any content posted onto the Site. This includes the communication of any such content onto the Site as well as its communication and reproduction on any other mediums of whatever nature for the promotion and advertising of our products and services.
You grant us a license to use any content posted onto the Site worldwide and for an indefinite time, by means of making copies (by any technique), putting into circulation, public performance, exhibition, screening, presentation, broadcasting and retransmission, as well as making the content available publicly available in such a manner that anyone could access it at a place and time selected thereby. The license granted shall cover copyright and related rights, as well as derivative copyrights, and the sublicense right. The content may be distributed without indicating the name of its author. The user declares not to perform his/her personal rights to the content against us and any its successors or licensees.
- SITE CONTENT STANDARDS
Any and all material which you contribute to our Site must comply with the spirit, as well as the letter, of the following content standards and our content guidelines where applicable. These standards apply to any materials published by you.
Your materials and/or information must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
Comply with applicable laws in the EU, the UK, the US and in any country from which they are posted.
You agree not to:
Post, transmit, or otherwise make available through or in connection with the Site:
- any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; (e) indecent, demeaning or insulting or would cause offence to others on grounds of gender, race, religion, creed, nationality, culture, disability, sexual orientation or age; (f) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right; (g) depicting or endorsing irresponsible drinking; (h) targeted at an under legal drinking age audience; or (i) depicting or endorsing activities that are inappropriate when consuming or after consuming alcoholic beverages such as operating a motor vehicle;
- any material that would promote violence or give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking”;
- any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment;
- any unsolicited or unauthorized advertisements, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation that is not expressly approved by us in advance;
- any personal information of another individual, without the prior consent of such individual; or
- any material, non-public information about us, without the proper authorization to do so.
Use the Site for any fraudulent or unlawful purpose.
Use the Site to advertise or offer to sell or buy any goods or services for any business purpose without our express prior written consent.
Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
Additionally, you acknowledge and agree that you are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site and for paying all related charges.
If we are made aware of any information or materials posted, transmitted, or otherwise made available through or in connection with the Site that may be a violation of any law, regulation, or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander, and invasion of privacy, or a violation of these Terms of Use, We have the right, but not the obligation, to remove or disable access to the respective information or materials.
- OUR LIABILITY
The material displayed on our Site is provided “as is” and without any guarantees, conditions or warranties as to its accuracy, to the extent permitted by law, we and our subsidiaries, affiliates companies and/or any of our partners hereby expressly exclude and disclaim:
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE PROVIDE YOU WITH THE SITE ON THE BASIS THAT WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS (INCLUDING, WITHOUT LIMITATION, THE CONDITIONS IMPLIED BY LAW, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE).
WE, AND ANY OF OUR GROUP COMPANIES AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF ANY OF THEM, EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES, OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION, AND WHETHER IN TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, CONTRACT OR OTHERWISE) IN CONNECTION WITH THESE TERMS OF USE OR THE SITE IN ANY WAY (INCLUDING IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES LINKED TO THE SITE OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE SITE OR ANY WEBSITES LINKED TO THE SITE). WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF COMPANY AND ANY OF OUR GROUP COMPANIES AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF ANY OF THEM, IN CONNECTION WITH THESE TERMS OF USE OR THE SITE IN ANY WAY, SHALL NOT EXCEED TEN EURO. Nothing in these Terms of Use shall exclude or limit our liability for to the extent that it cannot be excluded or limited by applicable law.
If you become aware of any unauthorized third party alteration to the Site, contact us on nwl@noblewoodspirits.com.
- INDEMNIFICATION
You will indemnify us against any loss, damage or cost incurred by us arising out of your use of our Site, any services provided by you or accessible to you via the Site, any breach of these terms and conditions by you, or your violation of any other laws, regulations and rules. You will also indemnify us against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third-party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence and infringement of any intellectual property right). We reserve the right exclusively to defend and control any claims arising from the above and you will fully cooperate with us in any such defenses.
- JURISDICTION AND APPLICABLE LAW
These Terms of Use shall be governed by the laws of the Republic of Cyprus, except where any provision of these Terms of Use must be superseded to reflect the law of the country where you are habitually resident, without regard to any conflict of laws principles.
All disputes arising under or relating to these Terms of Use or to your use of (or inability to use) the Site shall be settled by arbitration under the Rules of Arbitration of International Chamber of Commerce by three arbitrators appointed in accordance with the said Rules. Place of arbitration shall be Limassol, Cyprus.
- VARIATIONS
We may revise these Terms of Use at any time by amending this page.
- MISCELLANEOUS
If any provision of these Terms of Use shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. No waiver by either party of any breach or default under these Terms of Use will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience, and in no way defines or explains any section or provision. These Terms of Use, together with all agreements and statements referred to and incorporated in them by reference, are the entire agreement between you and us relating to the subject matter and, except as otherwise provided in these Terms of Use, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made by posting a notice (or a link to a notice) on the Site, by email, or by postal mail, at our discretion.
- INFORMATION ABOUT US
In the present Terms of Use “We” or “us” or “company” means Noblewood Limited, registered in Arch. Makariou III, 206 Chrysalia court, 5th floor, 3030 Limassol. If you have any concerns about material which appears on our Site or if you need to communicate with us at nwl@noblewoodspirits.com.
