Terms & Conditons

This page (together with the documents referred to on it) outlines the terms of use governing your use of this website and any other online or digital platforms (including mobile and other applications, such as Facebook apps) maintained by us (collectively, our “Site”). Please carefully review these terms before accessing or using our Site. This Site is intended for personal use by individuals who are legally permitted to purchase and consume alcoholic beverages in countries and territories where such activities are lawful. By accessing or using our Site, you signify your acceptance of these terms of use and agree to comply with them. If you do not accept these terms, please exit our Site immediately.

These terms incorporate our Privacy and Cookie Policies (links provided below), which also govern your use of our Site.

Please exit our Site immediately if you are not of legal drinking age in your country or territory, or if accessing our Site is prohibited in your location. Content on this Site is intended for sharing only with individuals who are of legal drinking age.

1. SOCIAL RESPONSIBILITY

 
As part of our dedication to responsible marketing, we adhere to the social responsibility policies established by DISCUS (http://www.discus.org/) – the Distilled Spirits Council for the United States, and spiritsEUROPE (http://spirits.eu) – the European representative body for producers of spirit drinks. These policies govern all our sales and marketing activities, including advertising and promotional programs, ensuring compliance with relevant regulations in India.

2. ACCESSING OUR SITE

Access to our Site is temporarily granted to users in countries or territories where the sale, advertising, and consumption of alcoholic beverages are permitted. We reserve the right to withdraw, amend, suspend, or terminate the services on our Site without prior notice. Suspension, termination, or restriction of access may occur if you violate these terms or our Content Standards. Immediate action may be taken to protect the Site or users from fraud, malware, spam, cybersecurity threats, data breaches, or as required by law. We are not liable if our Site is unavailable at any time.

If you receive a username and account details during registration, keep them confidential and do not disclose them to third parties. We are not responsible for any loss or damage resulting from unauthorized use of your username and password. We may disable any user identification code or password, chosen or allocated, if you fail to comply with these terms.

3. INTELLECTUAL PROPERTY RIGHTS

All intellectual property and database rights in our Site, including all materials published on it such as trademarks, designs, logos, text, images, audio and video materials, and software (including code, interface, and website structure) (“Materials”), are owned by us, our subsidiaries, affiliates, and/or partners. These Materials are protected by intellectual property laws and treaties worldwide. All rights are reserved, and you may not remove any copyright or proprietary notices from any Materials on our Site.

Your use of this Site does not grant you any rights, title, interest, or license to the Materials except as expressly provided in these Terms and Conditions of Website Use. You are permitted to use the Materials solely for your personal, non-commercial use connected with enjoying the Site. You may print a reasonable number of hard copies and download extracts of pages from our Site for lawful, personal, non-commercial purposes.

Using any part of the Materials on our Site for commercial purposes is prohibited unless expressly permitted by us and/or the relevant owner.

4. ACCEPTABLE USE

You are permitted to use the recipes from our Site for your personal and professional use. However, you are prohibited from using our Site:

  1. In any manner that violates any applicable local, national, or international law or regulation.
  2. In any unlawful or fraudulent manner, or for any unlawful or fraudulent purpose.
  3. To harm or attempt to harm minors or to promote alcohol to minors.
  4. To send, knowingly receive, upload, download, use, or re-use any material that does not comply with our Content Standards below.
  5. To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
  6. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware (“Malicious Code”)

5. USER GENERATED CONTENT AND MODERATION

From time to time, we may offer interactive services on our Site, which could include features like comments, posts, chat rooms, forums, bulletin boards, social content, music mix rooms, image uploads, interactive drinks and recipe functionalities, and interactive club finders. When providing any interactive service, we will clearly outline the nature of the service and any additional terms that apply, such as Content Guidelines, which you must agree to.

Unless specified otherwise in these terms and conditions or additional terms, we do not undertake to oversee, monitor, or moderate any interactive services or user-uploaded content on our Site.

The opinions expressed by users on our Site do not reflect our views or values and are not endorsed by us. We explicitly disclaim liability for any loss or damage resulting from a user’s use of any interactive service in violation of our Content Standards.

If a Site promotes Bacardi branded products or services, we retain the right to moderate user-generated content to ensure compliance with our Content Standards and Guidelines. We reserve the right to remove any user-generated content that, at our sole discretion, violates our Content Standards.

6. GUIDELINES FOR ALCOHOL RESPONSIBILITY

“Content” encompasses any contribution you post or make available on our Site, such as cocktail names, recipes, comments, pictures, videos, and any other materials. All Content you contribute to the Site must adhere to the following Content Guidelines:

Ensure that anyone appearing in images or videos meets the minimum age required by local regulations (e.g., 25+ in the UK) and obtain their explicit consent. Exclude minors or children from appearing in any Content. Avoid using personalities, celebrities, cartoon characters, music, or any references that primarily appeal to individuals below the legal age for consuming alcoholic beverages in your location (e.g., Santa Claus). If you are in the US, refrain from referencing names or website links of legal entities or individuals holding on-trade or off-trade alcohol beverage licenses in the US (“references” include statements, photographs, and videos). Content must not depict or endorse:

Activities promoting excessive or irresponsible alcohol consumption, including underage drinking, drinking games, rapid or unsafe drinking, overconsumption, or drunk driving. Aggressive, unruly, irresponsible, or antisocial behavior linked to alcohol or associate alcohol with bravery, toughness, or daring. Illicit drugs. Using alcohol to reward oneself, escape boredom, loneliness, or other problems. Glamorizing alcohol consumption as integral to sexual, social, professional, educational, or athletic success or popularity. Alcohol consumption as having medical or therapeutic benefits. Locations or activities where drinking alcohol would be unsafe or imprudent, such as sports, violent behaviors or games, dangerous environments (e.g., water activities, driving). Regarding alcoholic products/cocktails:

Advocate responsible drinking practices. Show controlled handling, pouring, and serving of alcohol. Encourage cocktails with a maximum of 1.5 ounces (or 45ml) of alcohol at 40% ABV or equivalent (e.g., 3 ounces at 20% ABV). Promote cocktails with lower ABV or non-alcoholic options. Use ounces and ml measurements in recipes. Avoid showing plastic straws. This list provides examples and is not exhaustive.

For more information on alcohol responsibility, please visit http://www.responsibledrinking.org/ and http://www.responsibledrinking.eu/ or your local official alcohol responsibility site.

7. RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on our Site are not intended to constitute advice on which reliance should be placed. Therefore, we disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site or by anyone who may be informed of any of its contents.

We may facilitate connections between users offering their services (such as bartending, service staff, mixology services) (“User Services”) and other users seeking to utilize such User Services. We do not vet, scrutinize, supervise, monitor, or moderate any content related to User Services. You acknowledge that we do not oversee users offering User Services, and we do not provide or endorse User Services. Accordingly, we are not liable or responsible in any manner for User Services, and we do not endorse or recommend any specific User Services.

Our relationship and these terms do not create any employment, agency, joint venture, partnership, or other relationship between you and Bacardi-Martini B.V. We assume no responsibility for any liability arising from the offer or receipt of any User Services. It is your responsibility to enter into necessary contracts with other users to regulate such User Services.

By offering User Services, you confirm that you possess all licenses, qualifications, and experience required to provide the User Services advertised or offered by you.

We may assist in registering for or attending events organized by other members and in connecting with other members at such events. However, we are not responsible for these events or the conduct of other attendees at such events.

8. OUR LIABILITY

The material displayed on our Site is provided “as is” and without any guarantees, conditions, or warranties as to its accuracy. To the extent permitted by law, we and all other members of our Group of Companies and our affiliates (“Our Group”) hereby expressly exclude and disclaim:

All conditions, representations, or warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose 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 any user in connection with our Site or in connection with the User Services, or your use of our Site, any websites linked to it and any materials posted on it, including, without limitation, any liability for:
loss of income or revenue,
loss of business,
loss of profits or contracts,
loss of anticipated savings,
loss of data,
loss of goodwill,
wasted management or office time,
and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
Because some jurisdictions do not allow the exclusion or limitation of liability or damages, Our Group’s liability in such jurisdictions shall be limited to the fullest extent permitted by law.

Nothing in these terms affects or limits your statutory rights as a consumer.

9. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE AND EVENTS

Your privacy is important to us. We process information about you in accordance with our Privacy Policy.

10. MALICIOUS CODE, HACKING AND OTHER OFFENCES

You must not misuse our Site by knowingly introducing any malicious code. You must not attempt to gain unauthorized 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.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack or malicious code that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Site or your downloading of any material posted on it, or on any website linked to it.

11. LINKING TO OUR SITE

Unless otherwise authorized in writing by us, you may not suggest any form of association, approval, or endorsement of any website on our part. If you wish to make any use of material on our Site other than that set out above, please address your request to our Digital Director as specified in section 20 of these Terms and Conditions of Website Use.

12. LINKS FROM OUR SITE

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 contents 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.

13. INDEMNITY

You will indemnify Our Group against any loss, damage or cost incurred by us arising out of your use of our Site, any User Services provided by you or accessible to you via the Site, any breach of these terms and conditions by you, or your violation of any other laws, regulations and rules. You will also indemnify us against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third-party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence and infringement of any intellectual property right). We reserve the right exclusively to defend and control any claims arising from the above and you will fully cooperate with us in any such defences.

14. ENTIRE AGREEMENT

These terms of use, including our Privacy Policy and Cookie Policy constitute the entire agreement between you and us in relation to your use of our Site.

15. JURISDICTION AND APPLICABLE LAW

Details of our internal complaint-handling system can be found here:

In the event a dispute cannot be resolved between us and any business users by means of our internal complaint-handling system, we may agree to enter into mediation to settle such a dispute. Mediation will be conducted in accordance with the procedures of the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure or Alternative Dispute Resolution Group (ADRG) procedure. Unless otherwise agreed by us in writing, the mediator will be nominated by CEDR or ADRG.

If you are located in India, these terms are governed and construed in accordance with the laws of India, excluding its conflicts of law rules. Any dispute arising out of or relating to these Terms and Conditions of Website Use or your access or use of this Site will be subject to the exclusive jurisdiction of the courts located in [insert relevant city or jurisdiction in India], and you hereby submit to the personal jurisdiction of such courts.

If you are located anywhere except India, then (i) these terms are governed by English law; and (ii) the English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site, although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country.

These Terms and Conditions of Website Use are governed by Indian law.

16. VARIATIONS

We may revise these terms of use at any time by amending this page.

17. TRANSFERRING THIS AGREEMENT

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.