Last update on: 1st July 2020
These terms of sale (hereinafter the “Terms of Sale“) describes the terms and conditions under which the company RUM INTELLIGENCE, a French Société par Actions Simplifiée with a capital of Euros 10 000,00, registered with the Paris Trade and Companies Registry under number 881 973 481, whose registered office is located at 128 rue de la Boétie, 75008, PARIS, FRANCE, (hereinafter “RUM INTELLIGENCE”) shall provide to the client (hereinafter the “Client”) its services on the website “www.iss-awards.com“ (hereinafter the “Website”).
The services sold are the registration of the candidate’s application for the International Sugarcane Spirits Awards (hereinafter the “Services“).
RUM INTELLIGENCE and the Client are hereinafter collectively referred to as the “Parties”, and individually referred to as a “Party”.
These Terms of Sale can be accessed at any times on the Website.
1. Applicability of these Terms of Sale
These Terms of Sale detail the rights and obligations of RUM INTELLIGENCE and its Client in connection with the sale of the Services.
The Services are aimed only at professionals of alcoholic beverages (such as producers, brand owners, distributors).
These Terms of Sale represent, in accordance with Article L.441-1 of the French Commercial Code, the unique basis of the commercial relationship between the Parties. All Services performed by RUM INTELLIGENCE during the duration of these Terms of Sale will be subject to the present Terms of Sale.
All Services performed by RUM INTELLIGENCE therefore implies the Client’s unreserved acceptance to these Terms of Sale.
These Terms of Sale are accepted by the Client by clicking the corresponding checkbox before the payment of the Services.
RUM INTELLIGENCE reserves the right to adapt or modify these Terms of Sale at any time, the version of these Terms of Sale applicable to any transaction is these Terms of Sale published at the date of the order.
The Client acknowledges having been informed that it has the option to save these Terms of Sale on its hard drive and / or printing them on paper.
2. Creation of an account
To place an order, the Client shall at first create a personal account as a candidate by filling its personal data.
The Client must provide truthful and accurate information. All information and pictures provided by the Client shall comply with Articles L3323-1 and seq. of the French Public Health Code. If such information or pictures fail to comply with Articles L3323-1 and seq. of the French Public Health Code, RUM INTELLIGENCE will have no choice but to delete them.
In case the Client’s information changes at any time, the Client must immediately update its account to reflect those changes.
The Client’s password is personal and confidential and the Client must not transfer it or in other ways make it available to others. It is the Client’s responsibility to ensure that the password does not fall into the hands of a third party. If the Client becomes aware that the password is or may have been compromised, the Client is obligated to inform RUM INTELLIGENCE hereof.
If the Client creates the account on behalf its employer, the Client hereby represents and warrants that it has the requisite authority to enter any agreement with RUM INTELLIGENCE including these Terms of Sale and to bind its employer.
Without limiting anything in these Terms of Sale, RUM INTELLIGENCE will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, the Client failure to comply with this Section 2.
In order to place an order, Client must have attained majority and enjoy its full legal capacity to enter into contracts under the law of its country, and possess a valid payment card issued by a bank acceptable to RUM INTELLIGENCE’s payment provider. RUM INTELLIGENCE reserves the right to refuse any request or order and to close an account at its sole discretion.
The Client can order the Services, as described on the Website. The Client chooses among the application options, the specificities of its application to the International Sugarcane Spirits Awards.
RUM INTELLIGENCE takes the greatest care in the presentation and description of the Services in order to provide the Client with the best possible information. However, some non-substantial errors may appear on the Website, which the Client acknowledges and agrees to.
4. Placement of an order
From its personal account, the Client chooses among the application options the Service it wants to purchase. Acceptance of an order placed on the Website is subject to compliance with the procedure put in place by RUM INTELLIGENCE, expressed by a succession of different steps that the Client shall follow in order to validate its order.
The invoices are available in the section “my dashboard” of the Website.
5. Order refusal
Despite the best efforts of RUM INTELLIGENCE to satisfy the Client’s expectations, RUM INTELLIGENCE may be obliged to cancel an order even after having send a confirmation by email. In such case, the order will be fully reimbursed.
RUM INTELLIGENCE cannot be held liable to the Client or a third party in case of the removal of a Service from the Website, and in case of the replacement or modification of any content published on the Website or refusal of an order after having it confirmed by email.
RUM INTELLIGENCE reserves the right to refuse or cancel any order placed by a Client with whom RUM INTELLIGENCE has currently a dispute concerning the payment of a previous order, or an objective suspicion of fraud.
6. Modification or unavailability of a Service ordered
As orders are final and irrevocable, any request for modification of the Services ordered by the Client is subject to the acceptance of RUM INTELLIGENCE.
In case of unavailability of the ordered Service, RUM INTELLIGENCE offers to the Client, the supply of an equivalent Service likely to replace the ordered Service. In case of disagreement of the Client, the unavailability of the ordered Service will lead to the cancellation of the order and the refund of the Client within fourteen (14) business days.
In case of breach by the Client of the International Sugarcane Spirits Awards competition’s rules, RUM INTELLIGENCE can suspend or cancel the registration of the Client as a candidate to the International Sugarcane Spirits Awards, without any indemnification whatsoever.
7. Price and payment
The price of the Services in euros (€) which excludes VAT, will be the price indicated on the order pages when the Client places its order.
RUM INTELLIGENCE reserves the right to modify the prices of the Services at any time, but the Services will be invoiced and paid on the basis of the rates in force when placing the order, subject to availability.
The Services are payable on the day of the order, unless other specific provisions are indicated on the Website.
Payment is made securely via the electronic payment module set up by RUM INTELLIGENCE’s partner Stripe. The list of accepted bank cards is notified to the Client during the payment process via the Stripe module. The Client making a payment via the Stripe module is deemed to have read and fully accepted the legal terms available at any time on the Stripe website.
As the case may be, a notice of the order cancellation for error of payment is sent to the email address registered by the Client.
The data recorded and kept by RUM INTELLIGENCE constitute proof of the order and all previous transactions.
If RUM INTELLIGENCE does not accept the Client order, RUM INTELLIGENCE will refund any payments received within fourteen (14) business days.
8. Performance of the Services by RUM INTELLIGENCE
RUM INTELLIGENCE shall make its best efforts to ensure the due, timely and proper performance of the Services. RUM INTELLIGENCE will thus bring all its efforts and care to the provision of the Services.
9. Intellectual property
9.1. Intellectual property rights of RUM INTELLIGENCE
The Client acknowledges that the Website and all of its content, including, but not limited to, the Website architecture, as well as any text, articles, information, pictures, videos, images, illustrations (including or not personal data), database, software, trademarks and logo available on this Website (hereinafter the “Content”), are protected by applicable intellectual property laws and are the exclusive property of, or duly licensed to RUM INTELLIGENCE.
RUM INTELLIGENCE grants the Client a license to access and use the Website and its Services, notably the database. Please note that the license granted to the Client is a non-exclusive, revocable, personal, non-assignable, non-transferable and non-sublicensable worldwide license.
Except as provided above, Client may not:
• copy, reproduce, represent, publicly display, broadcast, perform, transmit, distribute, sell, publish, permanently or temporarily, all or part of the Content and/or Website in any manner and in any media now known or hereinafter developed;
• create derivative works of the Content and/or Website;
• modify, translate, adapt, arrange all or part of the Content and/or Website; or
• disassemble, decompile or reverse engineer the Website.
Documents and information provided by RUM INTELLIGENCE on the Website, notably the table score, the ratings of the alcoholic beverages, and pictures, should not be collected and processed without the prior written approval of RUM INTELLIGENCE. In particular, the Client agrees not to collect or use such data, through manual or automated means, in order to send unsolicited marketing or other messages or make unsolicited marketing telephone calls or other calls. Showing, reproducing, distributing, extracting or reusing, in part or in whole, of the databases accessible through the Website or the Services is specifically prohibited pursuant to Articles L.341-1 and seq. of the French Intellectual Property Code.
Please note that pursuant to Article L.122-4 of the French Intellectual Property Code, any complete or partial performance/broadcasting or reproduction, by any process whatsoever, which is not expressly authorized shall be unlawful and shall constitute an infringement pursuant to Articles L.335-2 and sq. of the French Intellectual Property Code.
Any reproduction in whole or in part of the trademarks and logo made from components taken from the Website without the express authorization of RUM INTELLIGENCE is prohibited by Article L.713-2 of the French Intellectual Property Code.
As an exception to the above, each Client who has received one or more awards and has obtained a certificate identifying him and specifying the nature of the distinction of the rewarded reference(s), will be able to order (according to the rates in effect on the day of obtaining the reward(s), as stated on the Website) stickers, corresponding to the nature of the distinction, to be affixed to decorative elements and bottles of the rewarded reference(s), as well as official medal(s), obtaining an individual derogatory right to use the International Sugarcane Spirits Awards’ logo for a one-year period. In addition, the Client who wishes to obtain a waiver to reproduce the International Sugarcane Spirits Awards’ logo will have to buy this derogatory right from RUM INTELLIGENCE (according to the rates in effect on the day of obtaining the reward(s), as stated on the Website). He will then be able, for a period of one year, to reproduce it on the labels of the rewarded references, or on any other medium. Under no circumstances will the Customer be able to make changes to the logo, especially with regard to its proportions, diameter or colour. The payment of the individual derogatory right of use or the individual derogatory right to reproduce the logo of the International Sugarcane Spirits Awards is made on the day of the order. No further reproduction of the logo, stickers and official medals of the International Sugarcane Spirits Awards is permitted. Any counterfeiting, reproduction and/or non-compliant use of the logo, stickers and official medals of the International Sugarcane Spirits Awards is prohibited and sanctioned by RUM INTELLIGENCE which reserves the right to any related lawsuit.
9.2 License granted by the Client to RUM INTELLIGENCE
The Client grants RUM INTELLIGENCE a worldwide, non-exclusive, irrevocable, royalty-free right and license to publish, display, reproduce, modify, create derivative works of and commercially exploit the data provided by the Client to RUM INTELLIGENCE when creating its account on the Website and using the Services (hereinafter the “Client’s Content”).
This license to use granted to RUM INTELLIGENCE by the Client applies in particular to the pictures of the alcohols competing the International Sugarcane Spirits Awards, their description, information regarding the Client and the results of the ratings by the judges.
This license to use is granted for any medium and for the duration of the intellectual property rights.
This license to use the Client’s Content includes in particular for RUM INTELLIGENCE the rights:
• to reproduce or to have reproduced the Client’s Content, in whole or in part, by any means of diffusion and communication, without limitation of number, in whole or in part, by any means and processes;
• to represent or have represented the Client’ Content, in whole or in part, by all means of diffusion and communication;
• to adapt, modify, transform, and develop, in whole or in part, the Client’s Content, and also to integrate them in whole or in part into existing or future works, and this on any paper, magnetic or optical medium, including the Internet;
• to use and distribute the Client’s Content within the framework of the commercial exploitation of the Website, of the International Sugarcane Spirits Awards, and of all advertising thereof.
RUM INTELLIGENCE expressly undertakes to refrain from using the Client’s Content in a way that may infringe on the privacy or reputation of the Client, nor to use these data on any pornographic, racist, xenophobic or any other prejudicial medium.
In the event of failure by the Client to comply with its obligations provided by these Terms of Sale, and fifteen (15) days after formal notice to perform this obligation within a reasonable period, RUM INTELLIGENCE may request the termination of these Terms of Sale without prejudice to damages.
Termination of these Terms of Sale shall be pronounced by registered letter with acknowledgement of receipt and shall be acquired by right without judicial formality.
11. Limitation of liability
RUM INTELLIGENCE will use its best efforts to ensure Website and Services availability and accessibility 24 hours a day, 7 days a week.
Please note that the Internet network and IT and telecommunication systems are not error-free, and interruptions and failures may occur. RUM INTELLIGENCE makes no warranty in this respect and cannot be held liable for any damage resulting from the use of the Website, the Internet network and the IT and telecommunication systems.
The Client agrees that it is its responsibility to install suitable anti-virus and security software on its computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any content downloaded or otherwise obtained through the use of the Website is done at Client’s own risk and the Client will be solely responsible for any damage to its computer system or loss of data that results from the download of any such content.
RUM INTELLIGENCE cannot be held liable for any damage whatsoever resulting from any login to the Website by Client which is made under its sole liability.
RUM INTELLIGENCE may temporarily suspend access to the Website and Services, including for technical maintenance purposes, without notice nor incurring any liability whatsoever.
Client agrees to use the Services and all information and documents accessible via the Website in compliance with public order, morality and third-party rights, notably Articles L.3323-1 and seq. of the French Public Health Code. Client shall not interfere with the use of the Website by other users nor disrupt or interrupt the normal operation of the Website.
RUM INTELLIGENCE will not be responsible or liable for any following losses, whenever its cause:
• Loss of benefit or sales;
• Loss or revenue;
• Loss of profits or contract or opportunity;
• Loss of expecting savings;
• Loss of data;
• Loss of business, management or administration time;
• Damage to the image;
• Lost chance and especially of sale or purchase of a service;
• Psychological damage.
Regarding any direct damages, RUM INTELLIGENCE will be liable up to 50% of the amount of the Services ordered by the Client.
12. Force majeure
RUM INTELLIGENCE can not be held liable if the non-execution or delay in the execution of one of its obligations described in these Terms of Sale results from a case of force majeure. As such, force majeure is understood to mean any external, unforeseeable and irresistible event within the meaning of Article 1218 of the French Civil Code.
13. Personal data protection
14. General provisions
Clause and paragraph headings shall not affect the interpretation of these Terms of Sale.
If there is an inconsistency between any of the provisions in the main body of these Terms of Sale and the headings, the provisions in the main body of these Terms of Sale shall prevail.
If any provisions of these Terms of Sale are held to be invalid or declared as such under any law, regulation or following a final decision of a competent jurisdiction, such provision shall nevertheless be enforced to the fullest extent permitted and the other provisions shall remain in full force and scope.
15. Law and Jurisdiction
These Terms of Sale are governed by and construed in accordance with the laws of France.
In the event of a dispute between the Client and RUM INTELLIGENCE concerning the interpretation, performance or termination of these Terms of Sale, RUM INTELLIGENCE strongly encourages the Client to contact RUM INTELLIGENCE in the first instance to attempt to resolve the disagreement amicably. RUM INTELLIGENCE hereby notifies Client that there are alternative dispute settlement options such as mediation or arbitration.
ANY DISAGREEMENT OR LITIGATION WHICH CAN NOT BE SETTLED ON AN AMICABLE BASIS FALLS WITHIN THE EXCLUSIVE COMPETENCE OF THE COURTS OF PARIS, FRANCE, NOTWITHSTANDING MULTIPLICITY OF DEFENDANTS, INTRODUCTION OF THIRD PARTIES, SUMMARY PROCEEDINGS, BY SUMMARY ACTION OR PETITION.