By entering www.pommies.com you agree to and are bound by the terms and conditions set out below. Pommies Cider Co. may revise these terms and conditions at any time – so check here periodically to note any changes.
1. Legal Drinking Age
Pommies Cider Co. maintains this website for people of legal drinking age. Do not enter and use this website if you’re not of legal drinking age in the province, state, territory or country in which you reside.
2. User Generated Content
You agree to post content on this website in compliance with these terms and conditions. Upon posting content on this Website, you grant Pommies Cider Co. and its successors and assigns a non-exclusive, worldwide, royalty-free, perpetual right and licence under your copyright to use, adapt, publish, distribute, translate, reproduce and create works derived from or based upon such material in any and all media, without any duty to account to you. In addition, you irrevocably waive all of your moral rights as author in respect of such information, however arising. You shall not post content that includes or contains: (1) non-public information about companies without the proper authorization to do so; (2) false information about yourself or others; or (3) a virus, trojan horse, worm, or other harmful or disruptive component.
3. Content Guidelines
You agree that the content you post, submit, store, transmit, download, upload or distribute on this website:
- Is NOT threatening, abusive, libelous, defamatory, obscene, or legally objectionable;
- Does NOT constitute, encourage or condone:
- a criminal offense or give rise to civil liability;
- any form of violence, hatred or harassment;
- any form of discrimination on any ground covered by federal, provincial and territorial human rights legislation in Canada, such as religion, race, colour, sexual orientation, disability, etc.;
- Does NOT contravene any applicable law, regulation, policy, guidelines or industry standard, as determined by Pommies Cider Co. ;
- Does NOT communicate, depict or encourage:
- Immoderate or irresponsible consumption of alcohol;
- Consumption of alcohol by individuals who appear to be under legal drinking age;
- An association between consumption of alcohol and any skilled or dangerous activity;
- Consumption of alcohol in general;
- Does NOT involve the unauthorized use of information, software, music, trademarks, photographic images, personality rights or other material protected by copyright, or other intellectual property right, without the permission of the copyright owner or the holder of the intellectual property right.
At any time and without notice, Pommies Cider Co. may screen, disallow, review, edit or remove any content posted by you that appears to violate these terms and conditions. Pommies Cider Co. has the right, but not the obligation, to monitor any content on this Website to determine compliance with these terms and conditions and other Pommies Cider Co. policies and to satisfy any applicable law, regulation, policy, guidelines or industry standard or authorized government request. Pommies Cider Co. does not endorse any content submitted by you or by others. You agree not to rely on any content as being screened, reviewed, monitored or approved by Pommies Cider Co.
You shall use this website for lawful purposes only. Pommies Cider Co. has the right to deny any person access to this website or any portion thereof without notice. Pommies Cider Co. has the right to immediately terminate your access to this website where your conduct is unacceptable, as determined by Pommies Cider Co. in its sole discretion, or where you have breached any of these terms and conditions or any other policy on this website. Pommies Cider Co. has the right to change or discontinue any aspect or feature of this website, including, but not limited to, content, hours of availability, and equipment needed for access or use.
6. Copyright and Other Intellectual Property
The trademarks and logos on this website are registered and unregistered trademarks of Pommies Cider Co. or are used under licence from, or with the consent of, the respective trademark owner. The display of trademarks or trade names on this website does not convey or create any licence or other rights in these marks or names and their use without the written consent of Pommies Cider Co. or the respective trademark owner is strictly prohibited.
7. Limited Licence
Pommies Cider Co. grants to you a strictly limited licence to display on your computer, print, download and use a single copy of the underlying HTML, text, audio clips, video clips and other content on this website, for non-commercial (personal or educational) purposes only, provided that: (1) you do not modify any such content; and (2) you include with and display on each copy of such content the associated copyright notice and this limited license. No other use is permitted. Without limiting the generality of the foregoing, you may not: (1) make any commercial use of such content; (2) include such content in or with any product that you create or distribute; (3) copy such content onto your or any other person’s website; or (4) distribute such content to anyone whatsoever. Notwithstanding the above, nothing contained in this licence shall be construed as conferring any right under any copyright of Pommies Cider Co. or any other person who owns the copyright in content provided on this website.
8. Use At Your Own Risk (Indemnification)
By entering and using this website you agree that you do so at your own risk. You submit and post content, including personal information about yourself and others, at your own risk. You rely on content posted by others at your own risk. Pommies Cider Co. does not warrant the quality, accuracy or completeness of any claims, statements or information on this website. Pommies Cider Co. makes no representations about the suitability of any information or products contained or offered on this website for any purpose. All information is provided “as is” without warranty or condition of any kind. This website may include inaccuracies or typographical errors. Pommies Cider Co. reserves the right to make changes to this website at any time. The next sentence is important. You agree to defend, indemnify and hold harmless Pommies Cider Co., its affiliates and partners and each of their respective officers, directors, employees and agents, and any other parties involved in creating, producing, delivering, or monitoring this website, from and against all claims and expenses and from any liabilities or damages whatsoever, including any direct, incidental, consequential, indirect or special damages, or any other losses, costs or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, regardless of whether or not such liability or damages arise in contract, tort, negligence, equity, statutorily, or otherwise, in connection with access to or use of this website or in the delay or inability to use this website, or in connection with any content, information, data, promotions, activities, products or services associated with this website, or in connection with your downloading of any materials, text, data, images, video or audio from this website, or in any connection otherwise, including but not limited to anything caused by any transmission defects, viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections, even if there is a fundamental breach or if Pommies Cider Co. has been advised of the possibility of liability or damages.
9. Links to Third Party Websites
Pommies Cider Co. can’t accept or consider any creative ideas, suggestions or materials that you request on this website. If you submit your creative ideas, suggestions or materials anyways, you agree not to assert any ownership right or legal right to or control over your submission (including, but not limited to, copyright, trademark, moral rights, or implied contractual rights) and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, an acknowledgment or credit.
11. Governing Law
This website is created and controlled by Pommies Cider Co. (a third party may be applicable). The laws of Canada applicable therein shall govern the content on this website including these disclaimers and terms and conditions, without giving effect to any principles of conflicts of law.
TERMS AND CONDITIONS FOR THE PROVISION OF PRODUCTS AND SERVICES BY POMMIES CIDER CO.
- Pommies Cider Co. agrees to provide the products (the “Products”) and/or perform the services (the “Services”) described on this website in accordance with the provisions hereof and as set out in the Order Form.
- Pommies Cider Co. shall have the sole right to supervise and direct the performance of the Services and shall in all respects act as an independent contractor.
- Pommies Cider Co. shall be paid for the Products and/or the Services in accordance with the terms set out on this website or on the Order Form delivered to you electronically, in response to your Request for Products/Services.
- Pommies Cider Co. represents and warrants to you that it shall carry out the Services with reasonable care and diligence and, that at the time title passes, you will have good and clear title to the Products being sold hereunder, free and clear of all liens and encumbrances. All Products provided to you shall have such warranty, if any, as the manufacturer thereof provides. Pommies Cider Co.’s sole responsibility under any such warranty will be, at Pommies Cider Co.’s option, to either repair or replace any Products which fail during the warranty period due to a defect in workmanship and/or material. The above warranty is contingent upon proper use of the Products in accordance with the published specifications with respect to such Products. THESE EXPRESS WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS (EXPRESS AND IMPLIED AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE), INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. NO OTHER WARRANTIES OR CONDITIONS EXPRESS OR IMPLIED ARE GIVEN. POMMIES CIDER CO. AND YOU AGREE THAT FOR ANY BREACH OR DEFAULT BY POMMIES CIDER CO. IN CONNECTION WITH THIS AGREEMENT, EVEN FOR A BREACH OF CONDITION OR FUNDAMENTAL TERM OR FOR A FUNDAMENTAL BREACH OR BREACHES, YOUR EXCLUSIVE REMEDY SHALL BE PAYMENT BY POMMIES CIDER CO. OF YOUR DAMAGES, TO A MAXIMUM AMOUNT EQUAL TO THE AMOUNT PAID BY YOU UNDER THIS AGREEMENT. In no event shall Pommies Cider Co., its affiliates, partners, or their respective directors, officers, employees or agents have any liability for your loss of profits, loss of business revenue, failure to realize expected savings, other commercial or economic loss of any kind whatsoever or for any indirect, special or consequential damages even if advised of the possibility thereof. Nor shall Pommies Cider Co., its affiliates, partners, or their respective directors, officers, employees or agents be liable for failure to perform any of its obligations hereunder where such failure arises by reason of any cause beyond its reasonable control.
- When making purchases or other transactions through this website, you may be asked to supply certain information, including credit card or other payment mechanisms. You agree that all such information you provide will be accurate and complete. You agree to pay all charges incurred by you or other users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases on this website. You agree to be bound by all of the terms and conditions on this website and on any applicable order form.
- This website is controlled and operated by Pommies Cider Co. from its offices in the Province of Ontario, Canada. The Products accessed through this website will be delivered directly to you. You will be responsible for paying any delivery charges assessed.
- You agree that under no circumstances shall Pommies Cider Co., its affiliates, partners, or their respective directors, officers, employees or agents be held responsible or liable for situations where the data stored or communicated through this website are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Pommies Cider Co. at the time) which may exist in the network. Pommies Cider Co. simply stores and facilitates the transmission of private electronic communications. Electronic communications on this website are private, and only under situations where explicitly required or allowed by law will such communications be accessed, intercepted, disclosed, or used without the consent of at least one of the parties to the communication.
- Your agreement with Pommies Cider Co. is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. This excludes the application of the United Nations Convention on the International Sale of Goods.