Date of the last update: 06/10/2020
Legal Notice
Publisher: Pernod Ricard, a French société anonyme, registered at the Industry and Companies Registrar of Paris under the number 582 041 943, and with its registered office at 5 Cours Paul Ricard, 75008 Paris, France (hereinafter referred to as “Pernod Ricard”).
Tel: 0033170931600
Email address: saleswise@pernod-ricard.com
Chief Editor: Alexandre Ricard
Hosting company: Pantheon [located at Amazon Web Services in USA]
Recital
These terms of use (hereinafter referred to as the « ToU ») aim at defining the terms and conditions of the provision of the website https://saleswise.pernod-ricard.com/ (the “Website”) by Pernod Ricard and the rules governing its use by its users (the “User(s)”). By using the Website, the User accepts and agrees to the ToU.
Any and all uses of the Website by a User shall be made according to the terms and conditions defined herein.
Article 1. Aim of the Website
The Website aims at presenting Pernod Ricard's portfolio of brands.
The User recognizes and accepts that the Website has for sole aim to give Users a general overview and indicative information regarding Pernod Ricard’s portfolio brands.
The User also acknowledges and accepts the fact that the current version of the Website may be updated to add, remove or modify features or services at Pernod Ricard’s sole discretion.
Article 2. Access to the Website
Access to the Website is restricted to authorized persons who either (i) belong to the Pernod Ricard Group or (ii) have been invited by an authorized person.
If the user belongs to the Pernod Ricard Group, access to the Website is automatic.
In order to browse the Website, invited users must create an account by (1) clicking on the link provided in the invitation email and (2) confirming their email address, country, (3) determining a freely selectable password, and (4) accepting the ToU. The account can then be deleted by following the instructions contained on the Website.
The User is required to choose a sufficiently secure password and keep this secret. As soon as the User becomes aware or should have been aware that access to his/her password has been obtained by a third party, he/she must change the password immediately.
The User agrees not to create or use, under his/her own identity or that of a third party, accounts other than the one initially created. The User may not allow third parties to use his/her account. The User may not assign or, in any event, transfer his/her account to any other person or entity.
The User is responsible for the use of the Website and for all actions carried out within the Website with his/her login and password, except if the use of his/her account was made after un-subscription, or after notification to Pernod Ricard of an abusive use of his/her account.
The User must be of legal drinking age within his or her country of residence.
To access and use the Website, the User must have a terminal with access to the Internet network.
The Website is accessible free of charge to the Users excluding as the case may be (i) subscription costs with a phone operator, (ii) costs of connection and access to the Internet network and (iii) additional costs billed for the loading of data.
Considering the upgradeability of the terminals and their operating systems, the User acknowledges and accepts that the Website may no longer be supported or made available for terminals or versions of operating systems too old or obsolete.
Article 3. Availability of the Website
Pernod Ricard undertakes to make its best efforts in order for the Website to always be available.
However, Pernod Ricard reserves the right to make the Website unavailable, at any time and at its own discretion, to conduct all maintenance, update and improvement operations it deems necessary.
Maintenance, update or improvement operations may be conducted without prior notice to the User.
Pernod Ricard reserves the right to grant Users access to its Website and Application at its own discretion, and in no way shall Pernod Ricard be liable for having decided to grant said access.
Article 5. Intellectual property
- Protection of the Website and its content
The User acknowledges and accepts that all intellectual property rights related to the Website, its layout, its code or structure, as well as to its content are the exclusive property of Pernod Ricard, excluding protected items for which Pernod Ricard has obtained a license of use.
No provision in the ToU shall be interpreted as directly or indirectly organizing the sale, transfer, assignment, or license, by Pernod Ricard to the User, of the Website or its content or any right related.
The Website itself, such as its architecture, its presentation, its graphic standards and everything it contains as well as all the material (texts, graphs, graphics, logos, drawings, images, etc.) which are published on the Website are protected by intellectual property rights, including copyright (hereinafter referred to as the “Protected Elements”). Pernod Ricard is the owner and/or the authorized user of the Protected Elements.
Without such list being exhaustive, the User shall not, in particular:
- reproduce, copy, modify, create a derivative work, assemble, recreate, distribute, present, show, disseminate, publicly display, transfer, transmit, publish, sell, attribute, sub-license, transfer, make available to a third party, market, all or part of the Protected Elements, in any manner whatsoever, or
- modify or alter, all or part, of the Protected Elements with a view to obtaining unauthorized access to the Website or accessing the Website by any means other than the connection interface with the user space, furnished for such purpose via the Website.
- Protection of trademarks
The marks and all related logos, labels and designs appearing on the Website are the property of their respective holders. No license to use them is granted to the User by including them on the Website.
- License of use
For clarity’s sake, the User is strictly forbidden from accessing to, copying, reproducing, communicating to third parties, altering, modifying or exploiting the Website’s source code or any of its computer programing elements.
Similarly, the User is strictly forbidden from copying, reproducing, communicating to third parties, altering, modifying or extracting any of the content of the Website.
Article 6. Personal data and cookies
Provisions regarding the protection of personal data and cookies may be found in a dedicated section of the website and are accessible via the following links:
Article 7. Disclaimer of warranties and limitation of liability
The Website and its content are provided « as is » and « as available », without warranty of any kind, either express or implied, including, without limitation, any warranty for information or uninterrupted access, any warranties concerning the availability, accuracy, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. As such, Pernod Ricard does not warrant that they will meet any of the User’s needs, requirements or expectations.
In addition, Pernod Ricard shall not be held liable:
- In case the Website provides inaccurate information or content; or
- For the consequences of the use by any User of the information provided by the Website or its content; or
- For the User’s dissatisfaction with the Website, the User’s sole remedy being to discontinue using the Website in such case; or
- Because of the Website’s unavailability, whatever the cause may be (breakdown, maintenance, update, insufficient internet connection, obsolescence of a User’s mobile terminal or operating system, etc.).
- in case of inadequate use by the User of his or her mobile terminal or in case the Website is used in breach of the ToU.
To the greatest extent permitted by law neither Pernod Ricard nor any of its directors, officers, employees, agents, affiliates, or content or service providers, shall be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to the use of, or the inability to use, the Website or the content, materials and functions related thereto, including, without limitation, loss of revenue, or anticipated profits or lost business or lost sales, even if Pernod Ricard or such individual has been advised of the possibility of such damages. some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users.
Article 8. Links from and to the Website
The User acknowledges and agrees that Pernod Ricard has no responsibility for the accuracy or availability of information provided by websites which link to or from the Website ("Linked Sites"). The decision to activate the links belongs to the User and is under his or her sole responsibility. Links from and to Linked Sites do not constitute an endorsement by or association with Pernod Ricard of such sites or the content, products, advertising or other materials presented on such sites. Pernod Ricard does not author, edit, or monitor these Linked Sites. The User acknowledges and agrees that Pernod Ricard is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.
Article 9. Modification to the ToU
The User acknowledges and accepts that the ToU may, at Pernod Ricard’s sole discretion, be changed or modified at any time and without prior notice.
Pernod Ricard will inform the User of any substantial amendment to the ToU and the continued access and use of the Website by the User shall be considered as an acceptance by the User of the revised ToU.
Article 10. Duration
The ToU apply during all access, navigation and use of the Website, including any of its content, by the User. The ToU stop to apply as soon as the User ceases to access and use the Website, deletes his or her account, provided however that terms that are by their nature intended to survive – such as regarding intellectual property – shall continue to apply.
Pernod Ricard reserves the right to withdraw the User’s access to the Website at any time in case of violation of the ToU.
Article 11. Contact information
Any and all question or comment regarding the Website may be sent to saleswise@pernod-ricard.com.
Article 12. Applicable law and competent jurisdiction
The Website is operated from France. Save any overriding and imperative legal provision, the ToU shall be governed by the laws of France; and the Court of Paris – France shall have exclusive jurisdiction to hear any and all dispute relating to or arising out of the ToU or the Website.