Website Terms and Conditions of Use

Cafayate is a registered trademark of Pernod Ricard, licensed to Pernod Ricard Argentina S.R.L. (hereafter “PR”).

This section aims to describe the conditions applicable to the access and use of the web.

General Terms

1. By accessing the website https://test-etchart-cafayate.pantheonsite.io/ (hereafter the “Site”) You acknowledge that you have read and agreed to these Terms and Conditions of Use (hereafter “T&C”), which are unappealable.If you do not agree with these T&Cs, you should not access this Site.
2. To access the Site, you must have reached the legal age for alcohol consumption in your country, which is why you are required to enter your year of birth. If you have reached the minimum age required by law we recommend you enjoy and consume our products in moderation, otherwise do not use the Site.
3. Accessing alcohol-related websites is banned in some countries. If you are a visitor from a country with such restrictions, you mustleave the Site now. If you are not sure about the applicable laws, we suggest you should leave the website now and find out about the local laws before browsing.
4. You are fully accountable for how you use the site, the content that you publish in it and for any consequence that this may cause. The content that you send, publish or post through the Site is public and may be viewed by other users, even through third-party services or websites. You must only upload or post content on the Site you have the right to publish and you feel comfortable sharing.
5. It is strictly forbidden to load, send, upload or post comments, photos or other material or violent content, with full or partial nudity, discriminatory, illegal, of bad taste, sexual or pornographic, injurious, that could constitute or encourage criminal or illegal behavior, or material that contains Spam or advertising, or that in any way violates these T&C.
6. Since PR is a company for the distribution and commercialization of alcoholic beverages and is committed to the responsible use of them You must see that all content generated does not include references to: (i) alcohol consumption prior to or simultaneously with driving of vehicles of any kind; (ii) minors, pregnant women or people with an illness; (iii) alcohol consumption prior to or simultaneously with practicing high-risk sports or tasks; (iv) pornography, or violent, discriminatory or illicit activities; (v) politics or religion; (vi) medicinal substances; (vii) weapons, drugs, poisons or other dangerous elements or substances.
7. You acknowledge that you are entirely responsible for all content that you upload, post, send, or publish on the Site, and that you, and not PR, shall have full responsibility for the content, including its legality, reliability, and originality
8. You represent and warrant that: (I) you own the content you post on or through the Site or that you otherwise have the right to use it; (ii) any person participating in any image or video is of legal age and has given prior explicit consent to appear on it; (iii) the posting and use of the content you upload to or through the Site does not infringe on the rights of any third party, including for example, privacy rights, publicity rights, copyrights, trademarks and/or other intellectual or industrial property rights; (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Site; and (v) you have the legal right and legal capacity to enter into these T&C in your jurisdiction.
9. By sending or uploading content to the Site you agree that PR reserves the right to remove any content from the Site for any reason. PR has no obligation to control the content or material uploaded or posted on the Site, but it reserves the right to filter, remove, edit, block and/or monitor all messages, photos, material, or content of any user presenting a behavior that in any way is contrary to the T&C governing the Site, without prior notice, and has no obligation to respond to you regarding its removal.
10. PR reserves the right to deny any user’s access to the Site, at any time for any reason.

Privacy

11. It is important you understand how we are using information about you. That is why our Privacy Policy is at your disposal. You understand that by using this Site you consent to the collection and use of your information.

Rights

12. You will access the Site for your personal, non-commercial use. It is strictly forbidden to copy, reproduce, distribute, republish, upload, publish or transmit the content of the Site, in any place and form without PR consent. Likewise, copying or storing any content even for personal, non-commercial use is expressly prohibited without the prior written permission from PR.
13. Any material, content, comment, suggestions, ideas, concepts, graphics, or other information you submit to, upload, publish or post on the Site (all in all, the “Contents”), including, without limitation, product ideas or advertising, as well as all materials (tangible or intangible) and contents (including without limitation artwork, publications and advertisements, graphics, videos, photos, posts, etc.) whether in the final state or intermediate state, delivered or not to PR, shall become, and shall remain PR exclusive property. You understand and acknowledge this when accessing and uploading contents to the Site. In case any rule or provision of competent authority prevents or restricts the property that PR has on such Contents, accessing the Site, uploading and/or sending any content to the Site, You grant to PR full, unconditional, exclusive, unlimited territorial and temporal property transfer, all rights and/or actions (in exercise or not) arising from those sent contents, including but not limited to the right to use, reproduce, publish, edit, adapt, translate or modify them, in any way and by any existing or future means, without limitation or any obligation to pay compensation to You, expressly waiving any right which may correspond from such content.

Trademarks

14. The brands, logos, designs and other content that appear on the Site is property of PR or its affiliates, subsidiaries, parent companies or related companies, or they are used with the consent of the owner. Any use, misuse, dissemination or reproduction of any brand, logo, design, or content without prior authorization from PR is strictly prohibited.
15. No intellectual property right or title is transferred to you as a result of using or accessing the Site. On the contrary, all rights, titles and interests on and for all aspects of the Site are property of PR.

Responsibility

16. PR does not warrant that the functions contained in the Site will be uninterrupted and/or error free, or that the contents will be correct, exact or reliable, or that the Site or the server that makes it available is free of viruses or other harmful components. You (and not PR) assume the entire cost of any service, repair or correction as a result.
17. With the limitations imposed by law, PR, or its affiliated companies, subsidiaries, parent companies, or related companies, assume no responsibility for losses or damages (whether direct, indirect, incidental, consequential, punitive, financial or emergent) that appear or are suffered by you or a third party arising out of the visit or use of the Site, of contents posted or downloaded from the Site, of your inability to use the Site, of a failure, error, omission, interruption, defect, delay in the Site or a computer virus transmitted through this Site, regardless of whether such loss or damage arises from the negligence or otherwise.
18. Tracking, scraping, caching or accessing any content on the Site through automated means is strictly forbidden.

Links to Other Sites 

19. The Website may include links to other websites which are provided for your convenience. You agree that by clicking on a link you will leave the Site. PR does not review, control, or is responsible for the availability of external sites linked to this Site, and does not endorse nor can be held responsible or liable for any content, advertising, products or other material on or available from such sites or resources, or the result that may be obtained from the use of content or other material on the Site.
20. If you decide to access any website linked hereto, you will assume all relevant risks.The transactions that occur between you and any third-party website are strictly between you and the third party. PR disclaims any and all liability in connection therewith.
21. You should review the Terms and Conditions of Use of the sites linked to this Site, as their policies may differ from ours. You should direct any concerns regarding any external link to your administrator or Webmaster.

Links to this Site

22. If you wish to create a link to the Site, you may do so providing the link does not imply the reproduction of the main page of the Site, that being the only limitation, and that it will be subject to the fulfillment of the following conditions:

(a) it does not remove, distort, or alter the size or design of our logos,

(B) it does not create a frame or other browser environment or with margins around the Site;

(c) it does not insinuate, by any title, that it is promoting products or services different from yours;

(d) it does not use the trademarks posted on the Site without the written consent of PR;

(e) it does not include a link from a website that is not your property;

(f) the website must not contain any unpleasant, offensive or controversial content that infringes upon any intellectual property right or any other third party right or these T&C and/or any law or implementing rule.

Changes in the T&C

23. PR reserves the right, in its sole discretion, to change these T&C when deemed necessary. Therefore, we encourage you to read this T&C and updated terms carefully before entering the Site. The updated T&C will become effective upon publication, or at a later date specified in it, and it will apply to your use of this Site thereafter. Issues arising before the updated T&C becomes effective will be subject to this T&C.

Claims

24. If you believe the content or material on this Site violates the T&C, copyright or any regulation, please notify PR by email to Alvarez@pernod-ricard.com,  with the following information:
25. Your full name, address, telephone number and contact email;
26. The email subject line should read “Cafayate Website Claim of Copyright Infringement”;
27. Any further information you consider relevant;
28. In the case of copyright infringement, a description of the copyrighted work claimed to have been infringed and a description of where the material that you claim is infringing is located on the Site must be presented, together with the physical or electronic signature of a person authorized to act on behalf of the copyright owner.
29. PR does not have the obligation to investigate all notices of alleged infractions, nor does it guarantee that any action will be taken as a result of your email, but will do everything possible to remove or disable access to any material found to be the subject of infringing activity or to be infringing these T&C.

Personal Data

26. By accessing and/or uploading content on the Site You authorize PR to use the personal data obtained to create a database with the sole purpose of making a list of consumers and/or potential consumers. This database will be subject to the rules and conditions set forth in the Personal Data Protection Act 25.326. The personal data Holder has the power to exercise the right of accessing their personal data free of charge at intervals of no less than six months, unless certified by a legitimate interest to that effect, as established in Article 14, section 3 of the Personal Data Protection Act 25.326 (Provision 10/2008, Article 1º, Official State Bulletin 18/09/2008.) To that effect, the personal data holder may, at any time, send a letter to Pernod Ricard Argentina S.R.L., Legal Affairs Department. (Jujuy 1197, Bella Vista, Provincia de Buenos Aires) or an email to Alvarez@pernod-ricard.com, to request access to your information and, in this case, ask to have the data you considered wrong updated, modified or removed, and/or your name blocked from the Database. The National Directorate for the Protection of Personal Data, the Act 25.326 Data Protection Authority, is responsible for attending claims related to the non-observance of the rules on personal data protection. The Organizer will be the only owner of the before mentioned database which will be stored in Jujuy 1197, Bella Vista, Province of Buenos Aires, for the time needed to fulfil the purposes described above. The Organizer will protect the Database in accordance with the standards imposed by current regulations and the rules that reasonably provide data integrity and security. Participant’s and/or winner’s information shall be treated in accordance with the terms provided by law by the Personal Data Protection Act 25.326.

Applicable legislation and jurisdiction

27. These T&C and any issues related to these will be governed by the laws of the Republic of Argentina, under the ordinary competent subject matter jurisdiction of the Autonomous City of Buenos Aires, expressly waiving any other venue or jurisdiction that may correspond.

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