TERMS & CONDITIONS

Any use by you of the Don Papa Rum website at www.don-papa.com (Website) is conditional upon your acceptance of these Terms & Conditions, including our Privacy Statement

The following Terms and Conditions apply to users, viewers and all people who access this Website. This Website is operated by the Kanlaon Limited, registered in England with offices at :

17,Kensington Hall Gardens, Beaumont Avenue, London W14 9LS

 

Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms. If you do not accept these terms, do not use the Website.

TO ACCESS THE WEBSITE YOU MUST BE OF LEGAL DRINKING AGE IN THE COUNTRY WHERE YOU ARE VIEWING THIS SITE. IF YOU ARE NOT, DO NOT ENTER THIS SITE.

All references to ‘our’, ‘us’, ‘we’ or ‘Company’ within this policy and within the opt-in notice are deemed to refer to Kanlaon Limited, its subsidiaries, affiliates and associates.

 

INTRODUCTION

1. You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.

2. The Company may revise these Terms and Conditions at any time by updating this posting.

3. It is your responsibility periodically to review this page for updates to these Terms & Conditions, which shall come into effect once posted. Your continued use of the Site will be deemed acceptance of these Terms & Conditions, including our Privacy Statement.

 

INTELLECTUAL PROPERTY

4. Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation trade marks, designs, logos, text, images, audio and video materials and bottle designs) are owned or licenced by the Company.

5. Without limitation, the trademarks and all related logos, labels, bottle designs and all other intellectual property associated with the Kanlaon Limited brand are owned by the Company.

6. Without prejudice to clause 4 of these Terms and Conditions, any other product names and images used in this Website are for identification purposes only. All trademarks and registered trademarks included in such product names and images are the property of their respective owners.

7. Material from this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, commercially exploited or adapted in any way without the prior written consent of the Company.

8. Any rights not expressly granted in these Terms and Conditions are reserved.

 

SERVICE ACCESS & ACCEPTABLE USE

9. The Company shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily or permanently without notice.

10. Without prejudice to Clause 9, the Company reserves the right to suspend, terminate or restrict access to the Website if these Terms and Conditions are breached.

11. You shall keep any passwords and usernames allocated to you confidential and the Company reserves the right to suspend or terminate the username and password if the Company suspects non-compliance by you with these Terms and Conditions.

12. You may use the Website only for lawful purposes. You may not use the Website: 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 effect; to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any form of spam; to knowingly transmit any data, send or upload any material that contains viruses or similar computer code designed to adversely affect the operation of any computer software or hardware; to undertake any other activity that would contravene the Computer Misuse Act 1990 (UK).

 

SUBMISSIONS

13. Other than personally identifiable information, which is covered under our Privacy Policy, where you are invited to submit any contribution to this Website (including without limitation any text, graphics, video or audio) you grant the Company a perpetual, worldwide, royalty-free, non-exclusive, sublicenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, communicate to the public and exercise all copyright and publicity rights with respect to any such work and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content, consistent with privacy restrictions set forth in the Company’s Privacy Policy. If you do not wish to grant such rights to the Company, you should not submit your contribution to this Website.

14. By submitting your content to this Website, you also:

warrant that such contribution is your own original work and that you have the right to make it available to the Company for all the purposes specified above; and agree to waive any moral rights in your contribution for the purposes of its submission to and publication on the Website and the other purposes specified above.

15. You agree not to submit any contribution that is not original to you or otherwise infringes the rights of, or that restricts or inhibits the use and enjoyment of this Website by, any third party. Your use and submission must not be unlawful, nor may it harass or cause distress or inconvenience to any person and will not contain obscene or offensive content or disrupt the normal flow of dialogue within this Website.

16. You will not, nor will you encourage any other party, to make any statement or introduce any contribution which includes: swearing and/or unacceptable, indecent, defamatory, threatening, violent or discriminatory (based on race, religion, sex, sexual orientation, national origin, age or physical or mental disability) language; discussions that encourage, promote or provide information about illegal or criminal activities (including but not limited to pornography, explosives, weapons, violence, drugs, programming viruses, computer hacking and copyright infringement); posting of addresses for other web sites or content that infringes any third party's intellectual property rights; exchanging telephone numbers or home addresses, the harassment of other users of the site (either privately or in a public forum), or the impersonation of our staff, celebrities or any other characters; actions that would disrupt or impair the functioning, stability or security of the site (including but not limited to the introduction of viruses, bugs, worms, Trojan horses or any other form of contaminants); advertisements, promotions, unsolicited approaches, or any other use of the site for unauthorized commercial purposes; and any derogatory remarks about the Company or the site.

17. You agree to indemnify the Company against all legal fees, damages and other expenses that may be incurred by the Company as a result of a breach or suspected breach by you of any of the Terms or the rights of any third party or any violation by you of any law.

18. Although we ask all Website users to adhere to these Terms, you acknowledge that other users may submit material that you consider offensive or objectionable. The Company assumes no responsibility or liability for the individual user content submitted to the Website and such submissions do not represent the views of the Company.

19. In contributing to our Website you agree to grant us a royalty-free, non-exclusive licence to publish and otherwise use the material in any way that we want, and in any media worldwide.

 

LINKS TO OTHER WEBSITES

20. Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

 

RESTRICTION ON LIABILITY

21. While the Company endeavors to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material. To the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law).

22. Subject to Clause 23, the Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

23. Nothing in these Terms and Conditions shall limit the Company’s liability for: death or personal injury caused by the negligence of the Company, its directors, agents, officers or representatives; fraud or fraudulent misrepresentation; or any other liability which cannot be excluded or limited by law.

 

GOVERNING LAW AND JURISDICTION

24. These Terms and Conditions shall be governed by and construed in accordance with the laws of your country. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the local courts although the Company retains the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any other relevant country.

 

PRIVACY POLICY

All references to ‘our’, ‘us’, ‘we’ or ‘company’ within this policy are deemed to refer to Kanlaon Limted, its subsidiaries, affiliates and associates.

This Privacy Policy (together with our Website(s) Terms & Conditions and any other documents referred to on them) set out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following information carefully to understand our practices regarding your personal data and how we will treat it.

For the purpose of the Data Protection Act 1998 (Act), the data controller is Kanlaon Limted, registered in England at 17, Kensington Hall Gardens, Beaumont Avenue, London W14 9LS.

 

INFORMATION WE MAY COLLECT FROM YOU

  • a.  We may collect and process the following data about you: Information that you provide by filling in forms registering or subscribing on the Website(s).
  • b.  We may also ask you for information when you enter a competition, promotion, or event sponsored by us
  • c.  When you report a problem with the Website.
  • d.  Records of correspondence between us.
  • e.  Information you provide if you agree to complete any surveys we may use for market research purposes.
  • f.  Details of purchases of products you buy from us through our online shops and of the fulfillment of your orders.
  • g.  Details of your visits to the Website including, but not limited to: traffic data; location data; web server logs; and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.

IP ADDRESSES AND COOKIES

3. We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

4. For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve the Website and to deliver a better and more personalised service. They enable us:

a. To estimate our audience size and usage pattern.

b. To recognise you when you return to the Website.

5. You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies (visit www.allaboutcookies.org for assistance with adjusting your browser settings). However, if you select this setting you may be unable to access certain parts of the Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to the Website.

 

WHERE WE STORE YOUR PERSONAL DATA

6. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy. All information you provide to us is stored in secure managed servers. Any payment transactions are encrypted using SSL technology, and payment details are not kept following completion of the transaction. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Website(s), you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

7. If you are giving us your personal information in the course of purchasing, registering, or subscribing to a service or product, then we will only use your information in order to provide you with that service or for closely related purposes. We use some carefully selected third parties to help us deliver these services and products to you but they are only allowed to use your personal information to deliver the service or product you have purchased, registered or subscribed to. Some of our trusted third parties in supporting these services will transfer your information overseas, but we make sure that your information remains protected and secure.

 

USES MADE OF THE INFORMATION

8. We use information held about you in the following ways:

a. To ensure that content from the Website is presented in the most effective manner for you and for your computer.

b. To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.

c. To allow you to participate in interactive features of the Website(s), when you choose to do so.

d. To notify you about changes to our products and service.

 

9. DISCLOSURE OF YOUR INFORMATION

10. We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

11. We may disclose your personal information to our suppliers, distributors (wholly or partly owned) and other contractors who are engaged by us to assist in the provision of products and services to you, including delivery of products ordered by you and the conduct of market research which you have agreed to participate in.

12. We may disclose your personal information to third parties:

a. In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

b. If the Company, or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

c. If we are under a duty to disclose or share your personal data in order to comply with any legal obligation; or to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

 

YOUR RIGHTS

13. You have the right to ask us not to process your personal data for marketing purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data, unsubscribing from communication. You can also exercise the right at any time by contacting us at (contact below).

14. The Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

 

ACCESS TO INFORMATION

15. The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 (UK Sterling) to meet our costs in providing you with details of the information we hold about you.

You can find out if we hold any personal information by making a ‘subject access request’ under the Data Protection Act 1998. If we do hold information about you we will:

• give you a description of it;

• tell you why we were holding it;

• tell you who it could be disclosed to;

• let you have a copy of the information in an intelligible form.

To make a request for any personal information we may hold you need to put a request in writing using the contact details at the end of this notice.

 

CHANGES TO OUR PRIVACY POLICY

16. Any changes we may make to our Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by email.

 

CONTACT

17. Questions, comments and requests regarding this Privacy Policy are welcomed and should be addressed to

Kanloan Limited

17,Kensington Hall Gardens, Beaumont Avenue, London W14 9LS

 

GOVERNING LAW AND JURISDICTION

18. This Privacy Policy shall be governed by and construed in accordance with the laws of your country. Disputes arising in connection with these Terms & Conditions shall be subject to the exclusive jurisdiction of the local courts although the Company retains the right to bring proceedings against you for breach of these Terms & Conditions in your country of residence or any other relevant country.

 

Issue Date: Xx May 2012