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13 MARCH 2024
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. This Site is 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 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.
These terms refer to the Privacy and Cookie Policies (please find links below), which also apply to your use of our Site.
Please exit our Site immediately 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 Site in a country or other territory where use of our Site is not permitted. Content is to be shared with those over the legal drinking age only.
1. SOCIAL RESPONSIBILITY
As part of our commitment to responsible marketing, we comply with the social responsibility policies for producers of spirit drinks. We maintain these principles in all of our sales and marketing activities, including advertising and promotional programmes.
2. ACCESSING OUR 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 and/or breached our Content Standards. 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.
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.
3. 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, look and feel and software (including code, interface and website structure) (“Materials”) are owned by us, our subsidiaries, affiliates companies and/or any of our partners. The Materials are protected by intellectual property laws and treaties around the world. All such rights are reserved. You may not remove any copyright or other proprietary notices from any Materials on our Site.
Except as provided in these Terms and Conditions of Website Use, the use of this Site does not grant you any rights, title, interest or license to any Materials you may access on this Site. You are entitled to use the Materials on the Site for the sole purpose of use of the Site, and you may not use the Materials for any other purpose not connected with your enjoyment of the Site. You may print a reasonable number of hard copies, and may download extracts, of any page(s) from our Site for your lawful, personal, non-commercial use.
You must not use any part of the Materials on our Site for commercial purposes unless expressly permitted by us and/or, where applicable, from the relevant Owner.
4. ACCEPTABLE USE
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 are not permitted to use the Materials outside of the Site, save that you may use the recipes contained in the Site for your professional and domestic use as you see fit. You may not use our Site:
– 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 or which is intended to promote alcohol to minors.
– 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”).
5. USER GENERATED CONTENT AND MODERATION
We may from time to time provide interactive services on our Site which may include information and materials uploaded by other users of the Site, including, without limitation, comments and posts, chat rooms and forums, bulletin boards, social content, music mix rooms, image upload features, interactive drinks and recipe functionality and interactive club finder. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, AND any additional terms that apply which you will need to agree to (e.g., Content Guidelines).
Unless otherwise stated in these terms and conditions or any applicable additional terms, we do not, and are under no obligation to: oversee, monitor or moderate any interactive service we provide on our Site, or any content uploaded by users of the interactive services on our Site.
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 Content Standards.
If a Site promotes or markets any Ivan Cain branded products or services, we reserve the right to moderate any user-generated content that is uploaded to such Site to ensure that our Content Standards and/or Content Guidelines are being adhered to. We reserve the right to remove any user-generated content that we consider (in our sole discretion) contravenes our Content Standards.
If you wish to complain about content uploaded by other users, please contact us on contact@raineralco.com.
6. 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 all other members of our Group of Companies and our affiliates (“Our Group”) hereby expressly exclude and disclaim:
– All conditions, representations, or warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose and other terms which might otherwise be implied by statute, common law or the law of equity.
– Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the User Services, or your use of our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Because some jurisdictions do not allow the exclusion or limitation of liability or damages, Our Group’s liability in such jurisdictions shall be limited to the fullest extent permitted by law.
Nothing in these terms affects or limits your statutory rights as a consumer.
7. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE AND EVENTS
Your privacy is important to us. We process information about you in accordance with our Privacy Policy.
8. MALICIOUS CODE, HACKING AND OTHER OFFENCES
You must not misuse our Site by knowingly introducing any malicious code. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored, or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack or Malicious Code that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
9. LINKING TO OUR SITE
Unless otherwise authorised in writing by us, you may not suggest any form of association, approval or endorsement of any website on our part.
10. INDEMNITY
You will indemnify Our Group against any loss, damage or cost incurred by us arising out of your use of our Site, any User 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 defences.
11. ENTIRE AGREEMENT
These terms of use, including our Privacy Policy and Cookie Policy constitute the entire agreement between you and us in relation to your use of our Site.
13. VARIATIONS
We may revise these terms of use at any time by amending this page.
14. TRANSFERRING THIS AGREEMENT
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15. INFORMATION ABOUT US
In the present Terms and Conditions of Website Use and in the connected Cookie and Privacy Policies, “We” or “us” or “Rainer LLC”, registered in Isany District, Shota Nadirashvili Street, 36, Tbilisi, Georgia. If you have any concerns about material which appears on our Site or if you need to communicate with us you can do it by email contact@raineralco.com.