The terms and conditions set forth below including the privacy policy (hereinafer referred to as “terms and conditions”), govern the use of www.pernod-ricard-china.cn (hereinafer referred to as “this website”) as well as Website of Pernod Ricard (China) Trading Co., Ltd. www.pernod-ricard-china.com. The scope for these terms and conditions includes, but not limited to, the main page, popup and all the other webpage under the same top level domain as well as all the contents herein provided (on the website aforesaid) by Pernod Ricard (China) Trading Co., Ltd.(hereinafer referred to as the “Company” or “we”). Your use of the website will be deemed as your acceptance and agreement of these terms and conditions. If you refuse to accept these terms and conditions, you may not login or use the website. However, once there is any modification of the terms and conditions, the alteration will be posted on the website, effective immediately. The user has obligation to keep an eye on the notice posted. Your continued use of the website will be deemed as acceptance of any modification and alteration thereof.
The website belongs to Pernod Ricard (China) Trading Co., Ltd. The Company, as a member of Pernod Ricard Group (hereinafer referred to as “Pernod Ricard”), was established and is operated in the territory of Mainland China.
1. Age Requirement
This Website is restricted to users at or above legal drinking age (LDA) according to local laws and regulations. You are allowed to use this website and enjoy the services only after you reach LDA. Users under LDA are prohibited to use the Website or any related service by this Website.
2. Interests of the Ownership
Except as specified otherwise, the Company is the owner and (or) authorized user of all the trademark and service mark on the website, of the copyright of all the contents and(or) information(including but not limited to the document, picture, webpage, video, photo, design, software and other materials). Except as expressly permitted in the terms and conditions, your use of the website does not mean you are authorized to use any content, column or material on the website. Please use the content on the website in strict compliance with the terms and conditions.
Except as expressly permitted in the terms and conditions or with our written approval, any commercial use of the website is prohibited. Except as set forth otherwise in the terms and conditions or the website, in whatever purpose, you are not allowed to download or save the content or appearance without permission. However, the user can automatically print the information on the website in the limited purpose, such as personal use or record.
You agree and understand that any thought, idea, method, system, design, plan, technology, picture, video or other related material submitted online may be used by us in any matter, unless you expressly prohibit that. You agree we will use such materials reasonably for commercial purpose, and waive your pecuniary remedy.
3. Your Submissions
Except as otherwise set forth herein, the Company will not require and is not willing to obtain any confidential or exclusive information or other materials by any service provided by the website, email or other method. For all information, provided or sent from you to the Company, you shall guarantee that you have duly right to dispose, against the interference from any other organization or individual. All information, provided or sent from you to the Company, except as specified otherwise, shall be deemed to grant the copyright-free, non-liable, permanent, unchangeable right to the Company, grant the license to use, copy, modify, print, translate, and reproduce the materials provided by the user into other materials in any matter, any medium, or by any technology existed or developing.
4. Virus, Hacking and other attacks
You may not deliberately abuse of this website by introducing viruses, trojans, worms, logic bombs or other technology with malicious or harmful content. You shall not attempt to obtain the right, without authorization, to access this website or reliable server of the website or any server, computer or database linked to the website. You shall not attack this website by the denial of service attack or distributed denial of service. We disclaim any and all liability to any loss or damages incurred as a result of the harmful content on technology infecting your computer device, computer program, data or other proprietary information such as service attack due to a distributed denial or viruses or any other material acquired by use of this website or download on this site, or any other material posted on any other website link to this website.
5. Intellectual Property Right Protection
The website itself, including the frame, presentation, drawing standard and all the contents contained hereof, especially accessible databases and all the materials by the website including but not limited to the word, chart, drawing, sign, picture, photo are all protected by applicable intellectual property law, including but not limited to copyright.(hereinafter referred to as “protected element”), and exclusively belongs to Pernod Ricard as proprietary property.
Not limited to, but you are especially forbidden to undertake the following activities:
– To reproduce, copy, change, create Derivative work, organize, recreate, distribute, broadcast, present, display, disseminate, exhibit, spread, transmit, publish, sell, classify, sublicense, transfer, provide to the third party, market all or part of the protected elements in any matter,
– On certain purpose, change, modify all or part of the protected element, especially by obtaining unauthorized right to access or visiting the website or in any other matter against the user connection interface provided for the following purpose on the website by Pernod Ricard.
All the trademarks, signs, designs, labels, originalities and other intellectual properties related to the website are belonged to Pernod Ricard. You shall neither relate Pernod Ricard’s trademark to any other product or service not provided by Pernod Ricard, nor cause confusion in any possible matter or use such trademark in order to belittle or ruin the reputation of Pernod Ricard.
6. No Warranty
The website (including but not limited to all the contents, function and materials) is presented “as it is”, without any kind of warranty, expressly or implicitly, including but not limited to, any warranty to availability, accuracy, usefulness or related to the contents, and to ownership, non-infringement, marketability or fitness for a particular purpose. The Company will not warrant against the interference with the website or function, board or contents, that the service will be error-free, or that defect will be corrected, or that the website will meet your requirements, that the service will be uninterrupted, nor warrant the promptness, security, or accuracy. Meanwhile, the Company will not be responsible to external links to contents in any website beyond the Company’s control. Any suggestion, result or information obtained orally or in writing from the Company or on the website will not be construed as any warranty. If you are not satisfactory with the website, the only way expected is not to use the website any further.
7. Limitation of Liability
To the maximum permitted by applicable law, the Company and any director, management, employee, agent, affiliated party or supplier of the Company will not be liable for any direct, indirect, consequential or any other loss, cost or damage (no matter in what way it is incurred, include negligence) arising out of or related to your use of this website, computer virus infection via this website, linking to other website via this website and even if we have been advised of the possibility of such damage or loss, expressly or implicitly. In no events shall the Company’s total liability for all damages, loss and cause of action(breach, tort, including but not limited to negligence, strict liability, product liability or others) arising out of the terms and conditions of the website or your use of the website exceed the amount of RMB500.00.
Meanwhile, the company does not undertake any responsibility for the service interruptions or other defects including but not limit to search engine paralysis, web information confusion or violation of the user’s or other people’s rights caused by force majeure or other reasons beyond the control of the Company, including but not limit to governmental injunction, upon the request of people’s court, procuratorate or public security bureau, changes of current laws and regulations, fire, earthquake, turmoil, war, black out or falsifying, forging or modifying information via systems invasion by the third party.
8. Indemnity
You hereby confirm to protect the Company and any director, management, employee, agent, representative of the Company from any loss, damage and cost of any kind incurred as a result of your use of this website and any service on this website or any information you obtained via this website, any information or material submitted or transmitted on this website, or your violation of the terms and conditions and any laws and regulations. Meanwhile, you also agree to protect the Company and any director, management, employee, agent, representative of the Company from any accusation due to the information or material submitted or about to be submitted violates any law or regulation or the rights and interests of a third party, including but not limit to accusation of defamation, invasion of privacy, violation of non-disclosure agreement, infringement against copyright or any other intellectual property right.
9. The links, products and services of the third party
You should know that we do not guarantee the accuracy and legality of the information on the linking site provided by this website. We are not able to ensure the linking site or the content, products, advertisements of the linking site or information on any other websites have any relevance with the Company. The Company does not guarantee any other individual, company or any other organizations’ product and service appeared on this website or the linking site. The Company does not examine the legality of the linking site or all the contents of the linking site. You shall understand and agree that once there are evidences to prove that such information or the contents of the linking site may infringe the legitimate rights and interests of others, the Company shall immediately remove such information, cancel the link without notice to the user.
10. Restriction and prohibition for the use of this website and cancellation of the user’s qualification
We may from time to time restrict, suspend or terminate you from logging into this website and/or disabling you from accessing any service on this website, including social media at our sole discretion of your violation of the terms and conditions. Such restriction, suspension or cancellation of the user’s qualification will not affect our rights to take other action against your violation of the terms and conditions. We also reserve the rights of shutting down this website or any part or function of this website at any time. Please notice that we can track your IP address and if you violate the terms and conditions, we will contact your Internet service provider if necessary.
11. Applicable law
This website is controlled and operated in China, the daily operational activities of this website are supervised and administrated by the competent authority of China and governed by the laws of P.R.China. In the event of disputes, such disputes shall be submitted to the competent people’s court where the Company domiciled.
12. Acceptance of Copyright complaint
We respect the intellectual property rights of everyone and require the user of this website can also respect our intellectual property. If you think unauthorized use occurs on your work, resulting in infringement, please send the following information to [HLM Servicedesk @pernod-ricard.com]:
• The address, telephone number and e-mail of the infringed
• The work which is infringed
• The source of the suspicious work
• Your statement, declaring the suspicious work is used without the authorization from you, the copyright owner or agent or relevant laws
• The electronic signature or signature of the authorizer on behalf of the copyright owner
Your statement, declaring the information aforesaid are true, otherwise will be regarded as false testimony and be sanctioned by laws; that you are the copyright owner or you are on behalf of the copyright owner
13. Other provisions
The terms and conditions constitute the entire agreement between both parties and no other rights granted to both parties except for the terms and conditions agreed hereof.
If any provision of these terms and conditions shall be determined to be invalid or unenforceable by any authority, such provision may be removed and the remaining provisions shall be severable and enforceable. The user agrees that the rights and obligations of the Company under the terms and conditions can be automatically transferred to a third party at the Company’s discretion in the case of merger and acquisition.
The user agrees the terms and conditions shall not be interpreted in the adverse to the Company simply because it is generated by the Company.
