Terms & Conditions - Havanna USA
Acceptance of Terms
Ownership of the Sites and Access License
Havanna owns or has been licensed by third parties to use, all right, title, and interest in and to the Sites, and all information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the “Content”), as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content. “Content” does not include any Third Party Materials (as defined below) or any features or services made available through third party websites.
Use of the Sites
You represent and warrant to Havanna that all information that you provide to us in connection with your access to and use of the Sites will be true, accurate, and complete.
Further, you agree you will not do or attempt to do the following in connection with the Sites:
Use the Sites for any unlawful, unauthorized, fraudulent or malicious purpose, or any purpose other than as intended;
Transmit any data or content that is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, that may invade another’s right of privacy or publicity, infringe upon another’s intellectual property rights, or that you otherwise do not have a right to transmit;
Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Havanna representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
Use any of the Havanna’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
Upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise;
Violate any applicable local, state, national or international law;
Probe, scan, test the vulnerability of or breach the authentication measures of, the Sites or any related networks or systems;
Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
Cause the Sites or any Content to be displayed in any way that is disparaging to Havanna otherwise imply or state that any type of relationship or special arrangements exist with Havanna and any other entity without Havanna’s consent;
Use any logo or trademark of Havanna as a hyperlink “button”, or in any other manner, without Havanna’s express prior written consent;
Harvest or otherwise collect information about others, including e-mail addresses;
Copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in or access to the Sites;
Attempt to gain any unauthorized access to the Sites, including any associated computer systems, software, or networks, or use the Sites in a way that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; or
Use any robot, spider, scraper, or other automated or manual means to access the Sites, or copy any Content or information thereon.
The information and materials available through the Sites are for informational and educational purposes only. You acknowledge and agree that your use of the Sites is at your own risk.
THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
Havanna DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE SITE IS ACCURATE, CURRENT, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, SECURE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE, THAT IT IS OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. Havanna ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT. Havanna SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE WEBSITE.
Limitation of Liability
Certain hyperlinks may be provided on the Sites that link to other websites or social media platforms which are not under the control of Havanna (the “Linked Websites”). Havanna does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. Havanna disclaims all liability arising in connection with such Linked Websites, and makes no representations or warranties with respect to any products or services made available through any Linked Websites. Your use of Linked Websites is subject to the terms and conditions of such Linked Websites.
Disclaimer of Third Party Information
To the extent that any information, material, or functionality on the Sites is provided by third party content providers (“Third Party Materials”), Havanna has no responsibility over such Third Party Materials. Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party. Havanna does not represent or endorse the accuracy or reliability of any information provided by any third party (including any Submissions), or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with Havanna.
Governing Law/Jurisdiction/Claims Limitation
This Website is operated by or on behalf of Havanna & Sprüngli (International) AG, registered in Switzerland under number CHE-102.231.350 and located at Seestrasse 204, 8802 Kilchberg, Switzerland. If you have any questions regarding these Terms and Conditions, please contact us via the online form: www.Havanna-spruengli.com/support/contact/ or write to us at the address mentioned above.
Havanna LOVERS’ REWARDS CLUB
The Havanna Lovers’ Rewards Club (sometimes below, the “Club”) is open to individuals within the fifty (50) United States and District of Columbia who are at least 18 years of age or older. Void where prohibited by law. All applicable federal, state and local laws and regulations apply. Havanna reserves the right to change eligibility requirements and/or add reward benefits, at its sole discretion, at any time during the operation of the Club.
REWARDS/HOW TO REDEEM
Upon enrollment either online or in a Havanna Chocolate Shop, each customer receives (25) points. For every $100 spent either online or in Havanna Chocolate Shop (excluding tax, shipping and handling, and exclusive of discounts), customers earn $5 rewards to apply to a future purchase. Points earned may take up to several days to show on balance. Customers can also receive double points during select times, and are determined at Havanna’s sole discretion. To redeem rewards: A customer may redeem rewards in a participating Havanna Chocolate Shop or online during checkout. A participant will be required to present their Havanna Lovers’ Rewards number, or provide a Store Associate with a piece of personal information he/she completed during the enrollment process in order to verify membership. The store associate will then retrieve the participant’s point balance. To redeem or check balance online, the participant must enter their Havanna Lovers’ Reward number. Participants cannot transfer, substitute or redeem Rewards for cash, and Rewards have no cash value. Havanna reserves the right to verify eligibility qualifications of participants prior to redemption.
HOW TO ENROLL
Eligible individuals can enroll in the Club online at www.Havannausa.com or in participating Havanna Chocolate Shops located in the United States. A valid email address is required to initiate enrollment in the Club. Eligible individuals will be required to provide a valid email address, first and last name, a physical address, and phone number to fully complete enrollment and to take advantage of all the Rewards (as defined below). Multiple registrations received from any person or email address will be void.
By agreeing to participate in the Club, you agree to the terms and conditions set forth available at www.Havannausa.com, and to the decisions of Havanna concerning the Club which are final and binding in all respects. A participant is responsible for updating his/her registration information. Havanna reserves the right to modify, suspend or cancel the Havanna Lovers’ Rewards Club at any time and shall have no liability as a result of such modification, suspension or discontinuance. Any changes Havanna makes will be effective immediately on notice, which it may give either by posting the Terms on the website or via email. A participant’s participation in the Havanna Lovers’ Rewards Club after such notice will be deemed acceptance of such changes. A participant should review the Terms periodically to ensure his/her familiarity with the most current version. Rewards earned in the Havanna Lovers’ Rewards Club may not be used in combination with any other reward Club, offers or other promotions offered by Havanna or third parties. By participation in the Havanna Lovers’ Rewards Club, participants agree to release, discharge, indemnify and hold harmless Havanna, its subsidiaries, affiliates, and retailers from any liability or damages which may arise out of participation in the Havanna Lovers’ Rewards Club.