WEBSITE Terms and Conditions OF USE
These terms and conditions (the Terms of Use) set out the terms on which you may use our website Insert https://mcibrewhouseglobal.molsoncoorsdigital.com (our site), whether as a guest or a registered user.
Please read these Terms of Use carefully before you start to use our site. By using our site, you indicate that you accept these Terms of Use and that you agree to abide by them.
We recommend that you print a copy of these Terms of Use for future reference.
1. Information About Us
https://mcibrewhouseglobal.molsoncoorsdigital.comInsert relevant website URL is a site operated by the Coors Brewing Company dba Molson Coors International (we, our, us). We are a company incorporated and registered in the state of Colorado, United States of America. Our registered office is at 1225 17th Street, Suite 3200, Denver, Colorado, United States of America 80202
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on it at any time our site without notice (see below). We will not be liable our site is unavailable at any time or we have placed restrictions on your access to it. From time to time, we may decide to restrict access to some parts of our site, or our entire site, to users who have registered with us.
We aim to update our site regularly, and may change the content on it at any time. If necessary, we may suspend access to our site, or close it indefinitely. Please be aware that whilst we will try to keep the material on our site up-to –date there may be times when it is out of date and so it cannot be used by you. We make no warranties, representations or undertakings about: any of the content of our site (including, without limitation, any as to the quality, accuracy, completeness or fitness for any particular purpose of such content); or any content of any other website referred to or accessed by hypertext link through our site.
When using our site, the terms of the policies set out below shall also apply so please read them:
· Privacy policy – this sets out how we collect and process your personal data. By using our site, you consent to such processing
· Cookies policy (Privacy Policy above – Section 8) – this sets out information about the cookies we use on our site and how you can go abut removing them.
You are responsible for having the right equipment and technology for accessing our site. You are also responsible for ensuring that everyone who accesses our site through your internet connection is aware of these terms, and that they comply with them.
2. Purchasing Products Through Our Site
The purchase of products through our site is governed by our existing sales agreement with you which can be accessed at on your ‘My Account’ page once authenticated, or by contacting your assigned Country Manager.
3. YOUR Account
When you first access our siteordering any products from , our site, you will be asked to complete a registration process. When you do so, please ensure that all information that you provide is complete and accurate. Please do not impersonate any other person or entity or use a false name or a name that you are not authorised to use.
To access your account on our site, you will need to input your account and password details (login details). You are responsible for maintaining the confidentially of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, please contact [insert email address] and your country or relationship manager Customer Services Insert as link to customer services contact details] straight away and let us know.
We have the right to disable any user account or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.
4. [Third Party Services
We may from time to time make available through our site certain services provided by third parties. If you would like to use those services, please deal directly with the applicable third parties. We have no control over the content of those third party sites or the performance of these services. Accordingly, you use these services at your own risk and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.][DN: Anita - is this required? If there will be no third party services this can be deleted]
5. Liability
Our liability for products which you may purchase through our site is subject to the limitations and exclusions set out in our existing sales agreement with you.
We have taken every care in the preparation of the content of our site. However, we will not be responsible for any errors or omissions or for any technical problems you may experience with our site. If we are informed of any inaccuracies in the content on our site we will attempt to correct this as soon as we reasonably can.
To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
· all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
· any liability for any direct, indirect or consequential loss or damage incurred by you and/or any other user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including (without limitation):
o loss of income or revenue;
o loss of business;
o loss of profits or contracts;
o loss of anticipated savings;
o loss of data;
o loss of goodwill;
o wasted management or office time;
To the extent permitted by law, we exclude all liability for loss or damage which you or any third party may incur in connection with our site, any website linked to it and any materials posted on it.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
6. MARKETING
You may download materials (including [images, logos, trademarks]) (referred to in these Terms of Use as the ‘Materials’) from the Graphics [Library] section of our site for marketing purposes use only in connection with the [manufacture, promotion distribution and sale ][of our branded products] under the terms of our sales agreement with you (being the Purpose). The Materials may only be used in accordance with the provisions of these Terms of Use and the Purpose. [Anita – you will need to set out what the materials comprise of and you will also need to be specific about the purposes which you will let the materials be used for]
The Materials are subject to certain usage rights and restrictions (the Usage). The details of the Usage are clearly set out next to each individual Material. You are only entitled to use the Materials in accordance with the Usage set out for each Material.
In addition to the Usage, you must follow the [visual global brand identity guidelines found in the ‘How to Build’ section of the site and the marketing mandatories [insert link to marketing mandatories] (the Guidelines) relating to the presentation of the Materials. accessible at [insert link to brand guidelines.]
You may use the Materials on a [non exclusive, royalty free and revocable ] basis for the Purpose only and only in accordance with the Usage and the Guidelines.
The Materials may be downloaded from the Library and used in the following ways:
· Unamended – if you do not amend the Material in any way, it may be used in accordance with the Guidelines and the Usage without need for further approval from us, subject to these Terms of Use.
· Amended – if you wish to amend the Material in any way, you must only amend it accordance with the Guidelines and you will need to obtain our approval by contacting your relationship or country manager[insert email address]. We shall own all rights in such amended Materials and you hereby assign these to us.
· Combined – if you wish to combine any Material with other materials (for example your trademark or logo) you must only do so accordance with the Guidelines and you will need to obtain our approval by contacting your relationship or country manager[insert email address]. We shall own all rights in such amended Materials and you hereby assign these to us. [Anita – will this be permitted?]
This permission to use the Materials is personal to you and may not be transferred to any other person. You may sub-license the Materials to the extent it is required for you to produce any marketing materials incorporating the Materials but for no other purposes. You must ensure that any third party using the Materials on your behalf, is subject to terms equivalent to these Terms of Use and does not misuse our Materials.
You must ensure that your use of the Materials is in accordance with local law and that the Materials do not infringe any local law.
In the event that you do not adhere to the Usage, additional charges may become payable for such use and you agree to pay such additional charges (Usage Charges)
You shall indemnify us on demand and hold us harmless against all liabilities, costs, expenses, damages and losses (including but not limited to any Usage Charges, [any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, fines, penalties and legal costs and all other professional costs and expenses)] arising from your use of the Materials or breach of these Terms of Use.
[If any payment due from you under this clause is subject to tax (whether by direct assessment or withholding), you shall pay such amounts to ensure our net receipt is for the same amount as it would have been if the payment was not subject to tax.]
7. Intellectual Property
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it including the Materials. Those works are protected by copyright laws and treaties around the world and are subject to the Usage. All such rights are reserved.
[Any goodwill which derives from your use of the Materials will accrue to the benefit of us, and we may ask you to sign any necessary documents to ensure that such goodwill passes to us.]
If you become aware of any claim, demand or action for infringement or alleged infringement of any of the Materials or that the Materials may infringe any third party rights then you shall advise us immediately.
We may at our absolute discretion revoke the use of any Materials with immediate effect, and you will cease immediately to use the Materials upon being notified that the Materials are revoked. We may also require you to recall any Materials which have been used at your cost.
8. Viruses, Hacking and Other Offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
9. [Linking to Our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with applicable local, national or international law, regulation and good industry practice [DN: Anita is this to be permitted on the portal? If so, I presume that it would not be a link to the portal but rather an MCI website, if this is the case, the wording here will need further amendment. If no linking is permitted, this should be amended to provide that no linking is permitted]