Terms and Conditions

TERMS & CONDITIONS

OVERVIEW

This website is operated by Mainbrace Rum. Throughout the site, the terms “we”, “us” and “our” refer to Mainbrace Rum. Mainbrace Rum offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall neptunerum, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless neptunerum and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Lincoln Green Lane Tewkesbury GB GL20 7DN.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@mainbracerum.com.

COMPETITION TERMS & CONDITIONS

By entering the Prize Promotion, all entrants are deemed to have accepted and agreed to these terms and conditions.
Entrants

1. Entrants must be a resident in the United Kingdom who is eighteen (18) years of age or older at the time of entry and who is a licensed trader of alcohol products. If you are not a licensed trader of alcohol products your entry will not be valid and you will not be able to win. Follow the instructions on the Website to register. Entries submitted via third party agents or proxies are not permitted.
2. Employees of the Promoter or any of their wholly-owned subsidiaries or any suppliers connected with the administration of this Prize Promotion or any members of those employees’ families are not eligible to enter.
3. Entrants can enter the Prize Promotion only as specified in these terms and conditions.
4. The winners may be required to provide the Promoter with the form of proof of identity as Promoter in its sole discretion requests.
5. Failure to comply with any of these terms and conditions (including instructions) will disqualify any entrant from taking part in the Prize Promotion and the entry will be invalid. The Promoter retains sole discretion to refuse entrants the right to enter if it feels that these terms and conditions are not being complied with or for any valid and justifiable reason.
6. The Promoter reserves the right to disqualify any entrant and/or winner and/or amend these terms and conditions at any time in its absolute discretion.
   Entries
7. To be entered into the promotion you must:
   • Purchase the specified quantity of 70cl Mainbrace products according to industry requirements as per paragraph 8 and 9 below.
   • Meet the eligibility criteria
   • Agree to the terms and conditions of entry, and the Mainbrace Privacy Policy
   • Allow Mainbrace to include contact details for the entry. The Promoter will require a full name, an address, telephone number and email address for the entrants.
8. Publicans/ Pub Manager/ Pub Owner: By purchasing three (3) 70cl bottles of any Mainbrace products, you will receive three (3) entries into the promotion.
9. Retailers: By purchasing six (6) 70cl bottles of any Mainbrace products you will receive three (3) entries into the promotion.
10. All entries must be received during the term of the Prize Promotion commencing at 9am on Monday 9th January 2023 and ending at midnight on Sunday 2nd April 2023 (times are in BST).
11. Entries will also be submitted into one (1) monthly draw which will take place for three (3) months ever month on 1st February 2023, 1st March 2023 and 3rd April 2023 to win a secondary prize.
12. The Promoter does not accept any responsibility for network, computer hardware or software failures of any kind that may restrict the sending or receipt of an entry. Any entry received after the Closing Date will be invalid.
13. Any entry made giving another person’s (or a false) name or other dishonest information will be disqualified. Entries will be ineligible if they violate the rights of any other person or entity or are reported to violate the terms governing use of the Website.

Selection of Winner

14. Entrants who purchased the specified quantity of 70cl Mainbrace products will be eligible for one (1) prize. There will be one (1) overall winner, as well as three (3) winners in the monthly draw. The winner will be selected at random from those entrants who have correctly followed the instructions as set out in paragraph 7 above. The winner will be drawn on the 3rd April 2023 and the winner notified via the contact details supplied in the competition form shortly after the Closing Date/Time.
15. If a potential winner has not confirmed receipt of the notification within TWENTY-FOUR (24) hours after the first attempt, an alternative winner will be selected on the same basis as described above. The winner may be asked to provide identification proving their eligibility before they are entitled to receive their one (1) prize.
16. The Promoter’s decision in this Prize Promotion is final and legally binding and no correspondence will be entered into.
    Prize
17. Coronation Prize: One (1) winner will win: one (1) weekend stay for two (2) people staying in London on 5th and 6th May 2023, including two (2) return rail tickets from St Ives Cornwall station to London Paddington station, a two (2) night stay in The London Bridge Hotel in a standard double room, one (1) evening meal in a selected popular restaurant, and two (2) tickets to see a London tourist attraction.
18. Monthly Draw: One (1) winner each month from the monthly (draws to take place on 1st February 2023, 1st March 2023 and 3rd April 2023 will win: one (1) bottle of Mainbrace Golden Rum and one (1) beanie hat.
19. The Promoter reserves the right to substitute all or any part of the prize for one of an equivalent or greater value if necessary for reasons beyond its control, and any change will be final and binding upon every person who enters the Prize Promotion.
20. The prize for this Prize Promotion will be given to the winner as set out in these terms and conditions. The winner must accept the prize in that form. Under no circumstances will cash be given as an alternative. The prize is non-transferable, non-negotiable and cannot be substituted for any other prize or cash value.
21. If a selected winner is unreachable, ineligible, disqualified or fails to claim the prize within the specified times, the winner automatically forfeits the prize and a new winner will be randomly drawn.
22. The winner will be liable for any taxes or surcharges that may be levied on the prize and for any expenses not specified in the description of the prize.
23. The terms and conditions of any third party supplier of a prize will apply to the prize where applicable.
24. The Promoter will not be held liable for a prize if it does not reach a winner for reasons beyond its reasonable control.
25. The winner uses the prize at his/her own risk.
26. The Promoter shall not be liable in any way for any failure, liability or breach by any third party in connection with this Prize Promotion or prize and accepts no responsibility for any loss, property damage or personal injury suffered by the winners relating to this Prize Promotion or the prize, except in the case of death or personal injury caused by Promoter’s negligence or fraudulent misrepresentation and, so far as permitted by law, the Promoter its associated companies and agents exclude responsibility and all liabilities arising for reasons beyond its control including any act or default of any third party supplier.
    Publicity and Personal Data
27. For information about how entrants’ personal data is held please see Mainbrace’s privacy policy available at https://mainbracerum.com/privacy-policy/
28. By entering this Prize Promotion, each of the entrants agrees to the use of their name and/or likeness without compensation, for the Promoter’s promotional and marketing purposes.
    Miscellaneous
29. Entrants indemnify the Promoter, its agents, employees, representatives, associates, affiliates, parent and subsidiary companies against any and all claim, losses, costs, damages, liability and expenses arising out of the entrant’s breach of any of these terms and conditions.
30. Each entrant by entering this Prize Promotion expressly releases the Promoter, its affiliates, agents, employees and directors from any claim, action or demand arising out of or in connection with the Prize Promotion or their prize, if any.
31. The laws of England and Wales govern these terms and conditions.
32. Promoter: Mainbrace Rum, Penavon, Helford Passage, Falmouth, Cornwall, TR11 5LB