Please go through the details of "Terms & Conditions" before browsing The Pacific Cigar Company Limited website ("the Site"), which expression shall include all web pages of The Pacific Cigar Company Limited website but excluding all hyperlinks, content links and frame links to other sites. These terms and conditions govern the use of the Site. By visiting the Site, you accept these Terms and Conditions.
All policies referred to these Terms & Conditions or/and from part of these Terms and Conditions.
We may make changes to the Site, the policies and these Terms and Conditions without prior notice. Your use of the Site following any such change mean consent to follow and be bound by the change.
If any of these Terms and Conditions shall be deemed invalid, void or unenforceable for any reason whatever, that term and condition shall be deemed severed from the rest of the Term and Conditions and shall not affect the
validity and enforceability of any remaining Terms and Conditions.
2. Your age
You must be 18 or over to enter the Site.
3. Site Contents
Unless otherwise stated, things that you may see, read, hear, download or access on or via the Site (including but not limited to messages, files, data,software, images, photographs, illustrations, designs, icons, marks, video clips, text, sound, music and written and other materials that appear as part of the site (collectively the "Content") are copyrights, and/or other intellectual properties owned, controlled or licensed by the Site and its subsidiaries and/or affiliates. You acknowledge that Content is under the protection of copyright and other intellectual property rights laws in USA and internationally. Unless you are authorized by law you must not yourself, or participate in or permit any other person, to:
i) sell, resell, reproduce, copy, duplicate, distribute, display, publicly perform, prepare derivative works based on, re-post, transmit or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent; or
ii) Use any Content on any other website or in a networked computer environment for any purpose; or
iii) Reverse engineer any Content consisting of downloadable software; or
iv) Otherwise infringe the intellectual property rights of any person in using the Site or any Content.
4. Your Use of the Site
You must not post or transmit anything to the Site so that:
i) You do not have the right to post
ii) Is in contempt of any legal or other proceedings
iii) Is misleading or deceptive
iv) Is likely to cause annoyance, inconvenience or anxiety
v) Infringes any copyright, trade mark, patent or other intellectual propertyright of another person;
vi) Contains any unsolicited or unauthorized advertising or promotional material
vii) Contains viruses or similar software or data that is designed to interrupt, destroy or limit the functionality of any computer software or hardware
viii) Impersonates any person or misrepresents your relationship with any person; or
ix) Would contravene any Applicable Law
You must not:
i) Disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site
ii) Violate any Applicable Law relating to your use of the Site; or
iii) Collect or store personal data about other users of the Site.
For the purpose of clause 4, Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing:
i) Any law, rule or regulation of any country (or political sub-division of a country);
ii) Any obligation under any license in any country (or political sub-division of a country); and
iii) Any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).
© Copyright 2006. Copus Limited. All rights reserved.
Copyright Permission Notice
Copyright in the Content is owned by the Site. You are authorized to use the Content only for personal,non-commercial purposes. You may download, print and store copies of the Content for your own personal, non-commercial use, provided this Copyright Notice and Copyright Permission Notice is included in all such copies. You may not charge anyone for use of the Content and you may not publish, retransmit or otherwise distribute the Content to others. You may not modify the Content in any way, without our prior written permission. Except as expressly stated in this notice, no right or license to the Content, or any portion thereof, shall be granted or deemed to be granted to you.
The information and materials contained in this Site are provided "as is" basis and without warranties or representations of any kind, whether express or implied.The Site does not represent or warrant that the information accessible via the Site is accurate, complete, up-to-date or free from error. The Site also disclaims all warranties and representations, express or implied, including,without limitation, implied warranties of merchantability and fitness for a particular purpose to the fullest extent permissible under the US law. You acknowledge and agree by your use of this Site, that your use of this Site is at your sole risk, that you assume full necessary servicing or repairs of any equipment you use in connection with your use of this Site, and that the Site shall not be liable for any damages of any kind related to your use of this Site.
8. Limitation of Liability and Indemnity
You expressly understand and agree that the Site or any of its affiliates, directors, employees or other representatives shall not be liable under all circumstances including negligence for any direct, indirect, incidental, special, compensatory, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, data or other intangible losses, damage to property and claims of third party resulting from:
i) The use or the inability to use the services, information, content, materials or products offered or included in the Site
ii) Any viruses or other harmful components infected through or as a result from the use of the Site
iii) Unauthorized access to or alteration of your transmissions or data
iv) Statements or conduct of any third party on the Site; or
v) Any other matter relating to the Site
You agree to indemnify and hold the Site harmless from and against all claims, damages, costs and expenses, including legal costs, arising from or related to your use of the Site, the services and merchandise it offers and your submission or ransmission of any data to the Site.
We will give you any necessary notices by posting them on the Site. You agree:
i) To check the Site for notices regularly; and
ii) That you will be considered to have received a notice when it is made available to you by posting on the Site.
10. Force Majeure
If the performance by the Shop of its obligations under Terms & Conditions is prevented or delayed by any act beyond its reasonable control including but not limited to acts or omissions occasioned by fire, casualty, accident, natural disaster, any law,order, proclamation, regulation, demand or requirement of the Government or of any of its political sub-division, strikes, labor disputes, shortage of labor or lack of skilled labor, shortage or unavailability of products or raw materials, delay in transit or other failure of the Internet or other data networks, the Site shall not be liable for the non-performance or delay.
All matters and disputes related to sales offers will be subject to the final decision of the Site.
11. Applicable Law
These Terms and Conditions will be interpreted, construed and enforced in all respects in accordance with the laws of USA and you and the Site irrevocably submit to the non-exclusive jurisdiction of the US courts.