Last updated: 12 January 2015
- share capital: 16.588.000 euros
- registration number with Trade and Company Register of Angoulême: B 905620035
- VAT number: FR18905620035
- company number: B 905620035
- registered address: rue de la Richonne CS 20020, 16101 Cognac Cedex, France
- company name : Link By Net
- registered address: 5-9 rue de l’Industrie, 93 200 Saint-Denis, France
- tel.: +33 (0)1 48 13 00 00
- Company number: 430 359 927
The Site is edited by Jas HENNESSY & Co, a French company with share capital of 16.588.000 euros, having its registered address rue de la Richonne CS20020, 16101 Cognac Cedex, France, registered with the Trade and Company Register of Angoulême, under n° B 905620035 (“Hennessy”).
Any use of this Site by any person (“you” or the “user”) is governed by these terms & conditions of use (Terms & Conditions”). The purpose of these Terms & Conditions is to define the conditions of access, navigation and use of the Site.
By accessing and using this Site, you accept without restriction to apply these Terms and Conditions as well as the provisions concerning the protection of personal data (read the Personal Data & Cookies Policy).
Hennessy may revise or update these Terms and Conditions and the Personal Data & Cookies Policy at any time and without notice. It is your responsibility to re-read these Terms and Conditions and the Personal Data & Cookies Policy on a regular basis.
Hennessy provides this Site only for persons who have reached the legal age to consume and/or purchase alcoholic beverages (whichever is the higher) in their country of residence and provided that the consumption and/or purchase of alcoholic beverages is legal. If no such laws exist in your country of residence, you must be over 21 to access the Site.
1.1 Access to the Site
Necessary hardware and software to access Internet and this Site are under sole liability of the users.
Hennessy reserves the right, in its absolute discretion, to suspend or terminate access or navigation to all or part of the Site and/or its content and/or the available services without prior notice and without entitling any user to claim any indemnity or compensation.
It is forbidden to modify the software or any element of it or to use a modified version of the software, in order to obtain unauthorized access to the Site.
The Site may include links to other web sites or other internet sources. As Hennessy cannot control these web sites and external sources, Hennessy cannot be held responsible for the provision or display of these web sites and external sources, and may not be held liable for the content, advertising, products, services or any other material available on or from these web sites or external sources. Furthermore, Hennessy cannot be held responsible for any demonstrated or alleged harm or losses resulting from (directly or indirectly) or in relation to the use of, or the fact of having had confidence in, the content, goods or services available on these web sites or external sources.
1.3 User responsible behaviour
Each user warrants:
- to be of minimum age legally required to consume and/or purchase alcohol in accordance with the regulations of user’s country of residence,
- to use the Site for user’s personal and lawful use only, excluding therefore any other commercial use without the prior written consent of Hennessy,
- to provide, when relevant, personal data being true, up-to-date and accurate.
Users may not in any way represent or act on behalf of Jas HENNESSY & C°, its subsidiaries, its affiliates and their respective shareholders, officers, directors, employees.
When using the Site, users must behave responsibly, lawfully, with courtesy and respectful towards other users, Hennessy, its subsidiaries, affiliates and third parties.
User must notably refrain from:
- uploading, displaying, sending by e-mail or by any other mean any file containing viruses, codes, text files, software or similar items which could disrupt, interrupt, destroy, damage or limit functionalities of any software, hardware or telecommunication material,
- disrupting or interrupting the Site, its servers or networks connected to the Site, or infringing the related requirements, procedures or rules,
- infringing (including any attempt) the Site functioning, notably by exposing the Site to viruses, creating an overload of consultation of the Site or its servers, sending “spams” or overloading the Site messaging system,
- consulting privileged or non public information or accessing a server or account for which the user is not expressly granted access to,
- trying to assess or test the Site vulnerability, breaching security or authentication measures of the Site without the prior written consent of Hennessy,
- conducting any illegal activity or any other activity likely to infringe rights of Hennessy, its subsidiaries, affiliates, providers (including technical providers and contractors), customers and third parties, as well as refrain from encouraging thirds to do so,
- uploading, displaying, posting, sending by e-mail or by any other mean any unsolicited or non authorised commercial or promotional content, junk mails, spasm, chains or any other solicitation,
- uploading, displaying, sending by e-mail or by any other mean any illegal, detrimental, defamatory, offensive, racist, vulgar, obscene, threatening, violent, against decency, infringing third parties rights, shocking or disparaging content or the like,
- sending or forwarding by e-mail or by any other mean any content of the Site to persons under the legal alcohol drinking and/or purchasing age in their country of residence or residing in a country restricting or prohibiting the advertising of alcoholic beverages.
Each user must comply with any and all applicable regulations, laws and rules related to user’s behaviour on the Internet and transmission of technical data.
When relevant, Hennessy reserves the right in its absolute discretion to terminate or withdraw any user’s access to the Site without notice in case of breach of the user’s obligations under these Terms & Conditions and/or ancillary documentation, without prejudice to claim damages to such defaulting user.
1.4 User generated content
When relevant, users are solely liable of any content they may post or upload onto the Site and the consequences of disclosing, forwarding, making available or broadcasting such content. Hennessy does not adhere or approve any content, opinion, suggestion or notice generated by users and Hennessy declines any and all responsibility and liability in respect of any such content to the fullest extent permitted by applicable law.
However, Hennessy reserves the right, but not the obligation, to monitor use of the Site and to remove any content which, in its sole discretion, would breach these Terms & Conditions, may be offensive, illegal or otherwise objectionable in any way.
User accepts that Hennessy may freely and peacefully use, at no cost and without any restriction and time limit, any content posted onto the Site. This includes the communication of any such content onto the Site as well as its communication and reproduction on any other mediums of whatever nature for the promotion and advertising of Hennessy, its products and services.
Additional specific restrictions applicable to the Time Barrel section of the Site:
You must not create, generate, post, forward or send any content (including photos, videos text messages and comments) of whatever nature or kind which portrays, depicts, includes, refers, appeals or otherwise displays:
- any person being or appearing to be less than 25,
- any woman being or appearing to be pregnant,
- any content being (or likely to appear as being) illegal, detrimental, adversarial, objectionable, defamatory, offensive, violent, racist, vulgar, obscene, pornographic, related to religion or politics, unethical, impugning human dignity or integrity, threatening, against decency, shocking or disparaging or the like,
- any content being (or likely to appear as being) infringing third parties rights (including intellectual property rights and third parties image rights),
- any drug (whether legal or not) or tobacco product,
- any content being (or likely to appear as being):
o encouraging excessive or irresponsible consumption of alcoholic beverages,
o encouraging under-age drinking,
o suggesting that consumption of alcohol transforms the consumer, makes him/her brighter, stronger, and helps him/her succeed socially or sexually;
o presenting abstinence or moderation in a negative way,
o suggesting that one may consume alcohol before or while driving a vehicle whatever it is, or having any activity that requires a certain degree of concentration to be executed safely,
o giving the impression that alcohol may prevent, treat or cure any human disease or a given psycho-physiologic condition,
o suggesting engagement in any sport, physical activity or any potentially hazardous activity,
- any content presenting the alcoholic content/strength (high or low) as a positive element,
- any advertising or promotion of stores or retail premises of any kind or nature as well as any sale or offer of any product of any kind or nature,
- any misleading, untrue or false information as well as any comparison of Hennessy (or its products) with any other entity brand or product,
- any lottery, game, competition or challenge,
- any trademark (other than the Hennessy trademark),
You expressly and irrevocably undertake and accept to defend, indemnify and hold Hennessy (and its subsidiaries, affiliates, their shareholders, officers, directors and employees, their contractors) harmless from and against any and all demands, claims, proceedings, liabilities, losses, interest, penalties, damages, costs, expenses, and charges whatsoever (whether founded in contract, tort or otherwise) (including without limitation all reasonable legal and other reasonable professional costs and expenses incurred as a result of defending or settling any such claims) which may be incurred by Hennessy (and/or its subsidiaries, affiliates, their shareholders, officers, directors and employees, their contractors) as the result of any claim, suit or proceeding brought or threatened against Hennessy (and its subsidiaries, affiliates, their shareholders, officers, directors and employees, their contractors) in connection with:
- any content or part of content (including photos, videos, text messages and comments) created, generated or posted by you and/or using your terminal,
- a breach or alleged breach of any warranty, representation or agreement made by you under these Terms & Conditions or the Time Barrel rules;
- any infringement of third party rights, including but not limited to intellectual property rights.
Report of inappropriate content:
Users can report to Jas HENNESSY & C° any inappropriate content by sending an e-mail to email@example.com.
The Site and each of its elements (including all text, images, web pages, sound, video, designs, trademarks, logos and other material on or accessible via the Site) as well as any software required to be used in relation to the former, data bases and newsletters (the “Content”), may contain confidential information and information that is protected by intellectual property rights or other legislations. Unless otherwise expressly stated on the Site, Hennessy exclusively owns all intellectual property rights related to the Content and Hennessy does not grant any user with any license or other right other than a right to view the Site
The reproduction of the Content (in whole or in part) of the Site is authorized for the sole purpose of information for a personal and private use. Any reproduction or use or other exploitation of Content for any other purposes (whatever the manner or the kind) is expressly prohibited.
Users must not copy, modify, create derivative pieces of work, assemble, decompile, assign, sub-licence or transfer in any way any content of the Site or any material (including software) related to the Site.
Hennessy ensures the protection of personal information disclosed by users of the Site.
Hennessy invites users to consult the Personal Data & Cookies Policy which indicates the provisions implemented to guarantee the treatment of personal data. Collection, treatment, use, transmission, keeping and protection of users’ personal information are governed by the Personal Data & Cookies Policy.
Hennessy endeavours to ensure as far as possible, that the information provided on this Site is correct and up-to-date. However, Hennessy can not guarantee the correctness, accuracy or exhaustiveness of the information provided on the Site.
Hennessy allows free access to the Site and declines all responsibility and may not be held liable in any case:
- for any interruption in provision of the Site or services accessible via the Site,
- for the occurrence of bugs, viruses and similar technical issues adversely affecting your ability to access this Site,
- for any inaccuracy, isolated and unforeseen error or omission relating to information or Content available on the Site,
- for any damage resulting from a fraudulent intrusion by a third party,
- and more generally, for any direct or indirect or consequential harm, loss or damage, whatever the cause, origin, nature or consequences, which may occur as a result of any type of access to the Site or - any inability to access it or the credit given to any piece of information coming directly or indirectly from the latter.
These Terms & Conditions (and the Personal Data & Cookies Policy) are governed by French law.
Unless imperative legal provision to the contrary, users and Hennessy hereby irrevocably submit to the exclusive jurisdiction of the competent courts of Paris (France) any claim or matter arising under or in connection with the Content or use of the Site, including in case of guarantee, plurality of defendants or summary proceedings.