BPW - Unleash the Magic of Tea

WEBSITE TERMS OF USE

  1. Introduction
    1. This website is owned and operated by Beverage Partners Worldwide SA, (registered number CH-217.0.137.113-5) whose registered office is at: Baslerpark, Mürtschenstrasse 27, 8048 Zurich, Switzerland.
    2. For the purposes of these Terms of Use "BPW", "we", "our" and "us" refers to Beverage Partners Worldwide SA.
    3. Please review these Terms of Use carefully before using this website. Your use of this website indicates your agreement to be bound by these Terms of Use. When using this website you agree that you are also subject to any additional guidelines, rules and terms and conditions which are posted on this website.
    4. We may change these Terms of Use at any time, and such change shall be effective immediately upon posting of the modified Terms of Use on this website. Accordingly, your continued access or use of this website is deemed to be your acceptance of the modified Terms of Use. The date on which these Terms of Use were last updated is set out below.
    5. Any personal information you provide to us when you use this website will be used in accordance with our Privacy Policy.
  2. Accessing this website
    1. We may make changes to the information, services, products, software and other materials on this website, or suspend or discontinue this website, at any time and with or without notice to you.
    2. We do not warrant that this website will operate continuously or without interruptions or that it will be error-free.
    3. We do not warrant that any content of this website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.
    4. This website is developed with Macromedia Flash, which requires a Flash Plug In for the browser. In terms of accessibility a plain HTML version is provided. This website complies with Priority 1 level of accessibility under the Web Content Accessibility Guidelines published by the World Wide Web Consortium (W3C). We are working towards achieving Priority 2. This website has been designed to adhere to the following accessibility guidelines:
      • pages can be viewed best at a screen resolution of 1024 x 768 pixels;
      • text can be increased or decreased in size by using the "View" option of your browser;
      • page structure is conveyed using header elements;
      • a style sheet is used and relative font sizes are used on all text with the exception of graphical text;
      • images that convey important information have alternative text;
      • information is not exclusively conveyed using colour.
  3. Use of this website
    1. You may only use this website in accordance with these Terms of Use and for lawful and proper purposes. You agree to comply with all applicable laws, regulations and codes of practice.
    2. You agree that you will not:
      • post, transmit or disseminate any information on or via this website which is or may be harmful, obscene, defamatory, fraudulent or otherwise illegal;
      • use this website in a manner which causes or may cause an infringement of the rights of any other;
      • interfere or disrupt or attempt to interfere or disrupt the operation or functionality of this website;
      • use any of our, or our affiliates' or business partners' names, trade marks, slogans, or other word or codes identifying this website in any 'metatag', or other information used by a search engine or other information location tools to identify and select sites;
      • upload, transmit or otherwise make available through or in connection with this website any virus, worm, or other computer code, file or program that is harmful or invasive or that may or is intended to interfere with or disrupt the operation or functionality of this website; or
      • obtain or attempt to obtain unauthorised access, via whatever means, to this website or any of our systems.
    3. Without prejudice to any of our other rights (whether at law or otherwise) we reserve the right to deny you access to this website where we believe (in our absolute discretion) that you are in breach of any of these Terms of Use.
  4. Accuracy of information
    1. We will use reasonable endeavours to ensure that the information, services, products, software and other materials included by us on this website are accurate, but it is not intended to amount to advice or authority on which reliance should be placed. We make no representation or warranty that any such materials are accurate, complete or up-to-date and, to the fullest extent permitted by law, we accept no liability for any loss or damage caused by any reliance placed on such material by you or anyone to whom you communicate such materials.
  5. Intellectual property rights
    1. All trade marks, copyright, database rights and other intellectual property rights in the information, services, products, software and other materials on this website (as well as the organisation and layout of this website) together with the underlying software code are owned either directly by us, The Coca-Cola Company, Nestlé. or by other licensors. Without our prior written permission, you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this website or the underlying software code whether in whole or in part. Except as expressly set out in these Terms of Use, nothing in these Terms of Use shall give you any rights in respect of any intellectual property rights owned by us, The Coca-Cola Company, Nestlé or other licensors.
    2. The materials on this website may be downloaded, printed or copied for your personal non-commercial use only provided that no changes in or deletion of author attribution, trade mark legend or copyright notice are made. You acknowledge that you do not acquire any ownership rights by downloading any such material.
    3. BPW's trade names, trademarks, service marks and domain names include without limitation "BPW", "Beverage Partners Worldwide", www.BeveragePartnersWorldwide.com and any associated logos. All trademarks and service marks on this website not owned by BPW are owned by The Coca-Cola Company or Nestlé. The trade names, trademarks and service marks owned by BPW, The Coca-Cola Company or Nestlé, whether registered or unregistered, may not be used in connection with any product or service that is not a product or service of BPW, The Coca-Cola Company or Nestlé. Nothing contained on this website should be construed as granting any license or right to use any of the trade names, trademarks or service marks of BPW, The Coca-Cola Company or Nestlé without their express prior written consent.
    4. Any software downloaded from this website is downloaded, installed, and used at your own risk. Any such software may be subject to United States export controls. No software may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iran, North Korea, Syria or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
    5. The rights granted to you under these Terms of Use shall terminate immediately upon your breach of any of these Terms of Use.
    6. We, our affiliates and business partners are free to use and reproduce any material (including any text, photographs, graphics, video or audio) you share with us for any purpose whatsoever, including but not limited to developing, manufacturing, advertising and marketing products. We are not under any obligation to use any material you share with us.
    7. In order that the we can use your contribution, you confirm that your contribution is your own original work, is not defamatory and does not infringe any third party's intellectual property or other rights or the laws of the jurisdiction from which you are accessing this website, that you have the right to give us permission to use it for the purposes specified above, and that you have the consent of anyone who is identifiable in your contribution or the consent of their parent / guardian if they are under 16.
  6. Links to this and other websites
    1. We reserve the right, at our discretion, to prohibit any link from another website to materials or information on this website. Without prejudice to that right, if you wish to link to this website, you may only do so on the basis that you link to, but do not replicate, the home page of this website, and subject to the following conditions:
      1. the link is neither misleading nor deceptive and must fairly indicate this website as the destination of the link;
      2. you do not remove, distort or otherwise alter the size or appearance of any of our trademarks or logos;
      3. you do not create a frame or any other browser or border environment around this website;
      4. you do not in any way imply that we endorse any products or services other than our own;
      5. you do not misrepresent your relationship with us nor present any other false or misleading information about us;
      6. you do not otherwise use any of the trade marks displayed on the Site without our express written permission;
      7. you do not link from a website that is not owned by you; and
      8. any website from which you link to this website does not contain any content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
    2. This website may include links to other websites. We do not endorse any such websites and we are not responsible for the information, material, products or services contained on or accessible through those websites. Your access and use of such websites is at your own risk and is subject to the terms of use applicable to such websites.
  7. Our liability
    1. To the maximum extent permitted by law, we disclaim all warranties (whether express or implied) with regard to the information, services, products, software and other materials contained on this website. All such information, services, products, software and materials are provided "as is" without any warranty of any kind.
    2. In no event will we be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of any kind arising out of access to, or the use of this website or any information contained in it, including without limitation loss of profit, revenue, data or use, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the possibility of such losses or damages.
    3. Nothing in these Terms of Use shall exclude or limit our liability for death or personal injury caused by negligence or for fraudulent misrepresentation or for any other liability that cannot, under the laws of the jurisdiction from which you are accessing this website, be excluded.
  8. General
    1. Any formal legal notices should be sent to us at the address at the end of these Terms of Use by email and confirmed by post.
    2. Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms of Use.
    3. If any part of these Terms of Use is found to be unenforceable as a matter of law, all other parts of these Terms of Use shall be unaffected and shall remain in force.
    4. We make no representations that the information, materials and content on this website are appropriate or available for use in all locations.
    5. These Terms of Use and your use of the website are governed by the laws of Switzerland and by using this website you agree to submit to the exclusive jurisdiction of the courts of in the event of any dispute.
    6. The controlling language for these Terms of Use is English. Any translation has been provided for your convenience only. You may preserve these Terms of Use by printing them for your records.
  9. How to contact us
    1. If you have any queries concerning these Terms of Use or experience problems with this website or would like to comment on it, please feel free to contact us in any of the following ways:
    2. by email at bpwexperience@magicoftea.com or by writing to us at: Baslerpark, Mürtschenstr. 27, 8048 Zurich, Switzerland.
  10. Updates
    1. These Terms of Use were last updated on 1st September 2009.