TERMS & CONDITIONS
Welcome to BarFans website. The following terms and conditions of use (the “Terms and Conditions”) govern your use of the web site at BarFans website, which shall include, without limitation, the home page, micro-sites, splash page, and all other pages under the same top level domain name and all content thereon (the “Site”) as provided by Pernod Ricard Hong Kong and Macau, a division of Pernod Ricard Asia Duty Free Limited, a company duly organized and existing under the laws of Hong Kong whose offices are located at 12/F, Sun Life Tower, 15 Canton Road, Harbour City, Tsimshatsui, Kowloon, Hong Kong (“Pernod Ricard” or “we”).
We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Site. BY USING THE SITE, YOU ACCEPT THESE TERMS AND CONDITIONS AND AGREE TO ABIDE BY THEM. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site. By using the Site following any modification to the Terms and Conditions, you agree to be bound by any such modification to the Terms and Conditions.
Age Requirement for Use of Site
1. This Site is intended only for the use and enjoyment (i) of persons who are of legal age to purchase and consume alcoholic beverages in the jurisdiction in which they reside or, where they are accessing the Site from a different jurisdiction, in the jurisdiction from which they are accessing the Site and (ii) where the sale, consumption and advertising of alcohol is permitted in the relevant jurisdiction.
2. To access or otherwise use the Site (i) you must be of legal age or older to purchase and consume alcoholic beverages in the jurisdiction in which you reside or the jurisdiction from where you are accessing the Site (whichever applies); and (ii) the sale, consumption and advertising of alcohol must be permitted in that jurisdiction. Persons under such legal age or who reside in a jurisdiction where the sale, consumption and/or advertising of alcohol is not permitted, should not use the Site in any way.
Restrictions on use
3. Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide on the Site without notice. We cannot guarantee and we will not be liable if for any reason our Site is unavailable for you to visit or to use in the current format at any time or for any period. Unless expressly permitted in these Terms and Conditions or on the Site or with the prior written consent of Pernod Ricard, material made available by Pernod Ricard on the Site may not be modified, copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way. Pernod Ricard is the owner of all intellectual property rights in and to the Site and any material published by Pernod Ricard on it. All such rights are reserved. No title or intellectual property rights in and to the Site or such materials are transferred to you through your use of or access to the Site; rather, all rights, title and interest in and to all aspects of the Site remain the property of Pernod Ricard. Material made available by Pernod Ricard on the Site is provided for use for lawful purposes only.
Social Media Platforms and other Links from and to the Site
4. The Site may include links to social media platforms including without limitation Facebook, Twitter, Youtube, Instagram and WeChat (“Social Media Platforms”). As part of the Services (as defined below) made available on the Site, you may follow a link to Social Media Platforms from the Site, you may share the Site link or a link to certain parts of the Site on Social Media Platforms, upload to the Site photographs or other content which are already stored on Social Media Platforms (provided that you have the ownership rights in such photographs and/ or content or permission from the rightful owner to upload such photographs and/or content to the Site), identify third parties on the Site by reference to their identities on Social Media Platforms (provided that the consent of those third parties has been obtained by you) or interact with the Site and Social Media Platforms in any other way as expressly permitted in these Terms and Conditions or on the Site. In these circumstances, you agree to comply with the Terms and Conditions and the terms and conditions of the Social Media Platforms used. Please note that your use of the Social Media Platforms is governed by separate terms and conditions and privacy policies which can be found on the websites of the Social Media Platforms accessed.
5. You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by the sites to which you may link from the Site (“Linked Sites”). Links 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. You acknowledge and agree that Pernod Ricard is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on such Linked Sites.
Services Available on the Site
6. We make certain services available to the users of the Site. On the Site generally, you may be able to read information about bars in Hong Kong, view movies, documentaries and other films, stream music, tell your own story, upload your own photographs or other content, identify third parties in your story, photographs or other content (with their consent), enter competitions etc (“Services”). The Services form part of the Site.
7. Users are solely responsible for any information or materials submitted by you through the Site, including but not limited to names, personal information, photographs, films, stories, music, ideas, creative concepts, methods, systems, designs, plans, techniques or other materials, information or data of any kind and in any format and other content you submit to or post on and through the Site (“User Content”).
8. By submitting User Content to the Site you represent and warrant that the User Content is original to you and that no other party has any rights to it or that you have obtained all required consents and permission to enable you to submit the User Content to the Site and for it to appear on the Site.
9. We reserve the right to delay publication of User Content on the Site at all times for the purposes of our approval processes. We further reserve the right to remove any User Content or any other content from the Site at any time for any reason without notice.
10. By submitting or sending User Content to the Site or Pernod Ricard, you grant Pernod Ricard the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable and transferrable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the purpose of operating and promoting Pernod Ricard’s (and its successors’ and affiliates’) business. You also warrant that any “moral rights” in the User Content posted have been irrevocably waived in favour of Pernod Ricard.
11. Users should be aware that when they voluntarily disclose personal information that may ascertain their identities (e.g., user name, e-mail address, phone number) (“Personal Information”) on or through the public portions of the Site (e.g., comments, chat, bulletin boards), that such information is generally accessible to and may be collected and used by others and may result in unsolicited messages from other people. Users of the Site are encouraged to exercise caution when providing Personal Information to a third party on or through the Site or posting Personal Information on the Site.
12. As between you and Pernod Ricard (including our affiliates being any company which is part of the Pernod Ricard group at any time (“Group Company”)), we are the owner and/or authorised user of any trade mark, and/or service mark appearing on the Site, and are the copyright owner or licensee of the content and/or information on the Site, unless otherwise indicated. Except as otherwise provided herein, use of the Site does not grant to you a licence to any content, features or materials you may access on the Site. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us in advance in writing. You may not download or save a copy of any of the content or screens for any purpose except as otherwise provided in these Terms and Conditions or as permitted on the Site. You may, however, print one (1) copy of the information made available on the Site solely for your personal record. If you use the Site, the content and/or information on the Site other than as permitted in these Terms and Conditions or on the Site, you may violate intellectual property and/or other laws of Hong Kong or other jurisdictions and may be subject to liability for such unauthorised use.
13. We do not grant any licence or other authorisation to any user of our trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the Site.
14. You acknowledge and agree that in connection with your use of the Site you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such access and connection to the World Wide Web, including, without limitation, a computer, software, a modem and a means of connecting to or accessing the Internet. Pernod Ricard shall not be responsible for the occurrence of any malfunctioning, errors, crashes or other adverse events in relation to your equipment and/or data stored on the equipment which results from your use of the Site.
16. You agree and acknowledge that by using this Site, any and all communications and/or information submitted by you to or through the Services or the Site will not be treated as confidential information.
17. You warrant and agree that, while using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials that: (a) infringe the copyright, or other proprietary or intellectual property right, or rights with respect to derivative works of any third party ; (b) infringe the privacy, publicity or other personal right of any third party; (c) promote the excessive or irresponsible consumption of alcohol; (c) are or could reasonably be considered as unlawful, threatening, offensive, harassing, profane, tortious, defamatory, discriminatory, vulgar, obscene, abusive, libellous, deceptive, fraudulent, pornographic, inciting violence, containing explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), depicting any illegal activity or hateful, (d) reference ammunition and/or firearms or the sale of tobacco products, (e) restrict or inhibit any other user from using and enjoying the Site, (f) constitute or encourage conduct that would constitute a criminal offence or give rise to civil liability, or (g) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
18. You also warrant and agree that you shall not: (a) impersonate, or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming or flooding; or (d) attempt to gain unauthorised access to other computer systems through the Site. Except as expressly permitted herein or on the Site, you may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto.
19. You acknowledge and agree that we have the right to monitor the Site and to disclose any information (including the User Content and Personal Information you submit to the Site) as necessary or appropriate to comply with any legal, regulatory or other governmental request, to operate the Site properly, or to protect ourselves or our users. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions.
20. You agree to defend, indemnify and hold Pernod Ricard, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including, without limitation, reasonable legal fees and costs, arising in any way from your use of the Site or the placement or transmission of any content, message, information, software or other materials on or through the Site by you or otherwise related to the use of the User Content.
Disclaimer of warranties
21. The site, including, without limitation, all content, functions and materials is provided “as is,” without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, 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. Pernod Ricard does not warrant that the site or the functions, features or content contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. Pernod Ricard makes no warranty that the site will meet users’ requirements. No advice, results or information, whether oral or written, obtained by you from Pernod Ricard or through the site shall create any warranty not expressly made herein. If you are dissatisfied with the site, your sole remedy is to discontinue using the site.
Limitation of liability
22. To the extent permissible under law, in no event shall Pernod Ricard or any of its directors, officers, employees, agents, affiliates, or content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive loss or damages arising from or directly or indirectly related to the use of, or the inability to use, the site or the content, materials or functions related thereto including, without limitation, loss of income or revenue, loss of anticipated profits or contracts, loss of anticipated savings, loss of data, loss of goodwill or loss of business, even if Pernod Ricard or such individual has been advised of the possibility of such loss or damages. In no event shall Pernod Ricard be liable for loss or damages arising from or related to any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the site. In no event shall the total liability of Pernod Ricard to you for all damages, losses, and causes of action (whether in contract, tort, negligence or otherwise) arising from the terms and conditions or your use of the site exceed, in the aggregate, hkd1.210 some jurisdictions do not allow the limitation or exclusion of liability as provided in these terms and conditions and so some of the above limitations may not apply to you.
23. We control and operate the Site from our offices in Hong Kong. In all matters relating to the Site and these Terms and Conditions, the applicable law shall be the law of Hong Kong. You agree to submit to the exclusive jurisdiction of the Hong Kong Courts.
24. We do not represent that materials on the Site are appropriate or available for use in other locations. You choose to access this Site from other locations do so at your own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Modifications to the Site
25. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to all or part of the Site without notice.
26. We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that any materials made available on the Site constitutes copyright infringement of your work, please send the following information in writing (including by email) to the email below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located on the Site;
- A statement by you that you have a good faith belief that the disputed use is not authorised by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; and
- A statutory declaration that the above information that you provide is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.