Terms of use

Introduction

This website is operated by The Absolut Company AB, hereinafter referred to as “we”, “us” or “TAC”.
 
These Terms of Use (“Terms”) governs the Kahlua website, kahlua.com, which shall include, without limitation, all other pages under the same top-level domain name, and all content thereon as well as any mobile applications (the “Site”) maintained or controlled by TAC. These Terms expressly incorporate by reference and include the Kahlua Privacy Policy and Kahlua Cookie Policy as well as any other posts or updates on specific pages herein or in any notice sent to you.
 
Your use of the Site is governed by these Terms. If you do not agree to these Terms, please do not use this Site. TAC reserves the right, at its complete discretion, to change, modify, add, or remove portions of these Terms at any time. We encourage you to review these Terms from time to time because any changes are binding on you.

Age Requirement for Use of Site

This Site is intended only for the use and enjoyment of persons who are of legal age to purchase beverage alcohol in the jurisdiction in which they reside. You must be of legal purchase age or older to access or otherwise use the Site and related services. Persons under legal purchase age are prohibited from using the Site or such services in any way. Certain content on the Site may contain material that may be considered inappropriate or offensive. If you consider any material on the Site to be inappropriate or offensive, please refrain from visiting the Site. Age Requirement for Use of Site.

This Site is intended only for the use and enjoyment of persons who are of legal age to purchase beverage alcohol in the jurisdiction in which they reside. You must be of legal purchase age or older to access or otherwise use the Site and related services. Persons under legal purchase age are prohibited from using the Site or such services in any way. Certain content on the Site may contain material that may be considered inappropriate or offensive. If you consider any material on the Site to be inappropriate or offensive, please refrain from visiting the Site. If We receive notice, or reasonably believe, that someone under legal purchasing age has provided us with personal information, We will make reasonable efforts to remove such personal information from our database.

Intellectual Property Rights

Unless otherwise noted, the design of the Site, including the software, source code, text, audio, logos, images and all other content and materials that are part of the Site (collectively, “Content”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by TAC. You may access the Site for your personal, noncommercial use only. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from TAC or the rightsholder identified in the individual content’s proprietary notices including copyright notice. Neither title, rights or interest are transferred to you by use of or access to this Site; rather, all rights, title and interest in and to all aspects of the Site remain the property of TAC.

Except as set forth in these Terms, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Terms), create derivative works from, distribute, perform, display, reverse engineer, decompile or disassemble, or in any way exploit, any of the Content, software, materials or Site in whole or in part. Content on this Site is provided for lawful purposes only.

Disclaimer of Warranties

THE MATERIAL ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAWS, TAC DISCLAIMS LIABILITY FOR NEGLIGENCE AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TAC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE CONTENTS WILL BE CORRECT, ACCURATE OR RELIABLE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT TAC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL TAC OR ITS AFFILIATES, SUBSIDIARIES, PARENT OR RELATED COMPANIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES), HARM, OR INJURY THAT RELATE TO, ARISE OUT OF, OR RESULT FROM THE USE OF, OR ACCESS TO, OR THE INABILITY TO USE, ANY OF THE MATERIALS OF THIS SITE, OR ARE CAUSED BY ANY FAILURE OF PERFORMACE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATIONAL TRANSMISSION, COMPUTER VIRUS OR LINE FAILURE. 

Indemnification

You agree to defend, indemnify and hold TAC, 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 message, information, software or other materials through the Site by you.

Unsolicited or Solicited Materials

All remarks, suggestions, ideas, creative concepts, graphics, or other information communicated through this Site or otherwise sent to TAC, including without limitation, product or advertising ideas, (collectively, “Submission”) will forever be the exclusive property of TAC, who will not be required to treat the Submission as confidential, and will not be liable for any use whatsoever or disclosure of the Submission, and need not provide any compensation or acknowledgement for the Submission. Without limitation, TAC will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature anywhere, including the right to use, reproduce, modify, adapt, publish, transmit, create derivative works from, distribute, perform and display such Submission. You warrant and agree not to submit any material that (a) are protected by copyright, other proprietary or intellectual property rights, or derivative works with respect thereto, except as allowed herein or otherwise approved in advance for use by the owner of the relevant right; (b) infringing, unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material that could constitute or encourage criminal or unlawful conduct, or material containing spam or advertising content. You acknowledge that you are responsible for whatever Submission you send, and you, not TAC, have full responsibility for the message, including its legality, reliability, and originality. By submitting content to this Site, you agree that TAC has the right to remove and delete postings for any reason whatsoever, or for no reason at all. TAC reserves the right to filter all posts and submissions from individuals who display persistent behavior contrary to the Terms governing use of this Site.

Copyright and IP Agent for the United States

We respect the intellectual property rights of others and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

  1. The signature of a person authorized to act on behalf of the owner of the copyright. This signature can be physical or electronic;
  2. A statement that this person is authorized to act on behalf of the copyright owner;
  3. A statement that this person has a good faith belief that the use of the material in the complained-of manner is not authorized either by the copyright owner, by the owner’s agent, or by law;
  4. A description of the copyrighted work that you claim has been infringed, and a description of where the allegedly infringing material is located on the Site; and
  5. Your address, telephone number, and e-mail address.

Applicable Laws

The Terms and Conditions and the relationship between you and PR USA shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You and PR USA agree that any cause of action that may arise under this Agreement shall be commenced and be heard in the appropriate court in the State of New York, County of New York. You and PR USA each agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York. The failure of PR USA to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Modifications to the Site and the Services

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 part or all of the Site without notice or penalty.

User Information

In the course of your use of the Site, you may be asked to provide certain information to PR USA or PR USA may collect such information from you (the “User Information”). PR USA’s procedures in relation to the collection and storage of User Information is set forth below. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.

Unsolicited or Solicited Materials

Unless specifically requested, PR USA does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its Services, by e-mail, or in any other way. Any information or material submitted or sent to PR USA will be deemed not to be confidential or secret. By submitting or sending information or other material to PR USA you represent and warrant that the information is original to you and that no other party has any rights to the material. By submitting or sending information or other material to PR USA you grant PR USA the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any privacy or publicity rights in posted materials have been waived.

No Confidentiality

You agree and acknowledge that by using this Site, any and all communications and/or information transmitted by you to or through the Site will not be treated as confidential or proprietary.

Collecting Information

Personally Identifiable Information: This Site requests and collects certain personally identifiable User Information such as names, addresses, phone numbers, and e-mail addresses through various means, such as Site registration, surveys, games, questions, comments and communications to the Site, and postings to chat and bulletin areas, if any.

Non-Personally Identifiable Information: We also collect certain non-personally identifiable User Information at our Site, such as annual income, buying preferences, or age, also known as demographic or profile data, though this information is optional.

Cookies

User Information also consists of “Cookies,” which are pieces of information that are placed on an individual’s computer hard drive to enable the individual to more easily communicate and interact with the Site. We may use cookies to customize your experience on the Site. We may also use cookies to record how many times a user has visited our Site and what pages the user has accessed. You may, however, disallow receiving cookies at any time through your web browser. It is not our intention to use cookies to retrieve information that is unrelated to our Site or your interaction with our Site.

IP Address

We may collect your IP (Internet Protocol) address, which also falls under User Information, to help diagnose problems with our server, and to administer our Site. An IP address is a number that is assigned to your computer when you use the Internet. This information does not contain any personally identifiable information about you. Your IP address is also used to help identify you during a particular session and to gather broad demographic data.

Use of User Information

PR USA and its affiliates use User Information collected on and through this Site to comply with the purpose for which such information was collected and other purposes, as disclosed at the time such information is provided, or as described in this Policy. For example, the User Information collected on and through the Site may be used to send you information about our and our affiliates’ products and Services and updates to our Site. In certain instances you will have an opportunity to limit this use at time the User Information is collected. You also may limit this use by following the instructions in Choice/Opt-out below. We may use the User Information We gather along with information obtained from other sources, including third parties.

With respect to non-personally identifiable User Information, We may use this data to improve our Site and to send you information that may be of interest to you. We may also share this User Information with others, such as advertisers interested in advertising on the Site, in aggregate, anonymous form, which means that the information will not contain any personally identifiable information about you or any other person. This User Information may also be used to evaluate what portions of the Site are more popular than others, determine where visitors came from, and where they go, and how long visitors stay on a particular page, or the Site in general.

Sharing

PR USA may share your User Information with business partners that We believe may provide offers that may be of interest to you. In certain instances you will have an opportunity to limit this sharing at the time the User Information is collected. You also may limit this sharing by following the instructions in Choice/Opt-out below.

Third parties may provide certain services available on the Site. For example, if you choose to purchase products or services from the Site, the information you provide in connection with such purchase may be used by an authorized vendor to fulfill that order. Your provision of User Information to these third parties will be governed by the privacy practices of that third party; please check for the privacy policy link on the page on which you are requested to provide information.

In order to make the Site more enjoyable for visitors, PR USA constantly strives to learn how users use the Site. User Information concerning your use of the Site and related Services may be made available to one or more third parties, such as a data processor, fulfillment agency, or advertising agency, for these purposes.

PR USA may transfer, sell or assign User Information concerning your use of this Site, including without limitation, personally identifiable User Information that you provide and other information concerning your use of the Site, to third parties, as a result of the sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation of PR USA.

PR USA may make User Information concerning users of the Site available to law enforcement personnel and agencies when requested to do so or as required by law.

Posting Information to the Site

You are solely responsible for the User Information and other content you post on or through the Site. See Terms and Conditions. You understand that User Information that you post on or through the Site (e.g., chat, bulletin boards, post cards, invitations), is generally accessible to and may be collected and used by others and may result in unsolicited messages or other contact from others. Users of these forums are encouraged to exercise caution when providing User Information about themselves.

Security

We take security very seriously. We provide for the secure transmission of User Information from your PC to our servers by using encryption software. However, due to the open communication nature of the Internet, We cannot guarantee that communications between you and us, and us and you, will be free from unauthorized access by third parties.

Consent

By providing any User Information to this Site, you fully understand and unambiguously consent to the transfer of the same to, and the collection and processing of such User Information in, the United States and other countries or territories.

Choice/Opt-out:

You may choose to have your name taken off PR USA’s e-mail list or have PR USA not provide your information to others in the future by (1) sending an e-mail to: info@kahlua.com, or by (2) following instructions as provided in any e-mail message from a PR USA representative.

Copyright and IP Agent for the United States

If You believe that any use of intellectual property on the Website violates your copyright, please provide the following information, in writing, to the Copyright Agent named below:

  1. Your address, telephone number, and email address;
  2. A description of the copyrighted work that You claim has been infringed;
  3. A description of the alleged infringing activity and where the alleged infringing material is located;
  4. A statement by You that You have a good faith belief that the disputed use is not authorized by You, the copyright owner, its agent, or the law;
  5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  6. A statement by You, made under the penalty of perjury, that the above information in your Notice is accurate and that You are the copyright owner or authorized to act on behalf of the copyright owner’s behalf.

Please put “Notice of Infringement” in the subject line of all such notifications.

Copyright Agent

Corporate Counsel
The Absolut Company AB
Stockholm, SE-117 97 Sweden
Phone: +468-744 70 00
Email: TAC.LegalSupport@pernod-ricard.com

Last updated: November 2010 ©

No Confidentiality 

You agree and acknowledge that by using this Site, any and all communications and/or information transmitted by you to or through the Site will not be treated as confidential or secret.

Accessibility Notice

TAC is committed to accessibility. That commitment means that TAC aims to provide this Site in accordance with Web Content Accessibility Guidelines (“WCAG”). Please send us an email on TAC.LegalSupport@pernod-ricard.com if you have ideas on how we can improve our Site’s accessibility.

Links from and to the Site

This Site contains links to other Internet sites and resources. TAC is not responsible for the availability of external sites or resources linked to this Site and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and the third party are strictly between you and the third party and are not the responsibility of TAC. Because TAC is not responsible for the availability of these outside resources or their content, you should review the Terms of these linked sites, as their policies may differ from ours. You should direct any concerns regarding any external link to its site administrator. 

Governing Law

These Terms shall be governed in accordance with the laws of the United States, notwithstanding any principles of conflicts of laws. Except as described otherwise, all materials in this Site are made available only to provide information about TAC and makes no representation that these materials are appropriate or available for use in other locations. If you use this Site from other locations, you are responsible for compliance with the applicable local laws.


Miscellaneous

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 part or all of the Site without notice or penalty.

If any provision of these Terms is held to be unlawful, void or unenforceable, all remaining provisions shall be deemed to remain in full force and effect

Company Information

The Absolut Company AB is a company registered under the laws of Sweden with reg. no. 556015-0178. We control and operate this Site from Marieviksgatan 19A, 117 43 Stockholm, Sweden (postal address: SE-117 97 Stockholm, Sweden). If you would like to communicate with us, please contact us at the address above or send us an email at TAC.LegalSupport@pernod-ricard.com.

Last updated April 2021.

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