These Terms and Conditions apply to users, viewers and all persons that access this Website. This Website is operated by Demerara Distillers Limited of Plantation Diamond, East Bank Demerara, Guyana.
Please read these terms carefully before using the Website. On-going access to the Website indicates that these Terms and Conditions are accepted. If these Terms and Conditions are not accepted permission to use this website is denied.
This website may only be accessed by persons of legal drinking age in the country or territory from which this site is being accessed by the user, otherwise 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 Demerara Distillers Limited, its subsidiaries, affiliates and associates.
- Access to most areas of the Website, is granted without registration, however, certain areas of the Website are only open to users after registration.
- These Terms and Conditions may be revised, by the company, at any time by updating this posting.
- It is the user’s responsibility periodically to review this page for updates to these Terms & Conditions, which shall come into effect once posted. Continued use of the Site will be deemed acceptance of these Terms & Conditions, including our Privacy & Cookies Notice.
- Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation trademarks, designs, logos, text, images, audio and video materials and bottle designs) are owned or licenced by the Company.
- Without limitation, the trademarks and all related logos, labels, bottle designs and all other intellectual property associated with the El Dorado brand are owned by the Company.
- 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.
- 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.
- Any rights not expressly granted in these Terms and Conditions are reserved.
Service Access & Acceptable Use
- 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.
- Breach of these Terms and Conditions, may without prejudice to clause 9, at the sole discretion of the Company result in the suspension, termination or restriction of access to the Website.
- Users shall keep any passwords and usernames allocated to them confidential and the Company reserves the right to suspend or terminate the username and password if the Company suspects any non-compliance by the user with regard to these Terms and Conditions.
- Users may only use the Website for lawful purposes. Users 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).
- Other than personally identifiable information, which is covered under our Privacy & Cookies Notice, where users are invited to submit any contribution to this Website (including without limitation any text, graphics, video or audio) the user grant the Company a perpetual, worldwide, royalty-free, non-exclusive, sublicensable 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 & Cookies Notice. If users do not wish to grant such rights to the Company, users should not submit contributions to this Website.
- By submitting content to this Website, users also:
warrant that such contribution is the user’s own original work and that the user has the right to make it available to the Company for all the purposes specified above; and agree to waive any moral rights in the contribution for the purposes of its submission to and publication on the Website and the other purposes specified above.
- Users agree not to submit any contribution that is not original or otherwise infringes the rights of, or that restricts or inhibits the use and enjoyment of this Website by, any third party. Users 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.
- Users will not, nor will users 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.
- Users 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 them of any of the Terms or the rights of any third party or any violation by users of any law.
- Although we ask all Website users to adhere to these Terms, users acknowledge that other users may submit material that users 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.
- In contributing to our Website users agree to grant us a royalty-free, non-exclusive licence to publish and otherwise use the material in any way that the company wants, and in any media worldwide.
Links to Other Websites
- Links to third party websites on the Website are provided solely for user’s convenience. If users use these links, users 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 users decide to access any of the third-party websites linked to the Website, users do so entirely at their own risk.
Restriction on Liability
- While the Company endeavours 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 described on it, at any time without notice.
- 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 users 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 user’s computer equipment, software, data or other property on account of users access to, use of, or browsing the Website or users downloading of any material from the Website or any websites linked to the Website.
- 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 & Jurisdiction
- These Terms and Conditions shall be governed by and construed in accordance with the laws of Guyana. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the Guyanese courts although the Company retains the right to bring proceedings against users for breach of these Terms and Conditions in user’s country of residence or any other relevant country.