AGREEMENT TO OUR TERMS AND CONDITIONS
These Terms and Conditions (“Terms”) outline the rules and regulations for the use of our website www.themigratory.com (“Website”), purchase or use of any related products and services (collectively, the “Services”) of the registered company “The 11 Cigar Limited” (also trading as “Migratory Cigar” and “Migratory”); collectively referred to as “The Company”, “Migratory Cigar”, “Migratory”, “We”, “Us”, or “Our” here forth.
This website is not intended for use by persons under the age of 18 (or the minimum legal age in your local jurisdiction, whichever is higher) and we do not market or sell tobacco products to persons under 18 years old. By placing an order on our website, you affirm that you are, or the recipient of your order is over the age of 18 (or the minimum legal age in your local jurisdiction, whichever is higher). By accessing the Services, you agree that you have read, understood, and agreed to be bound by these Terms.
Supplemental terms and conditions or documents that may be posted on the Services from time to time, we reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Services after the date such revised Terms are posted.
1.1 OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
1.2. INFORMATION ABOUT OUR SERVICES
OUR INTELLECTUAL PROPERTY
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, logos, brand names, business names contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademarks. All Marks, whether figurative or not, which appear on this site whether registered or not, are and remain the exclusive property of Us and/or Our licensors and are protected by applicable trademark laws and treaties around the world. All such rights are reserved. The Content provided in or through the Services may only be used for personal and non-commercial purposes only.
YOUR USE OF OUR SERVICES
Except as set out in this section or elsewhere in our Terms, no part of the Services and no Content or Marks may be copied, reproduced, uploaded, publicly displayed, translated, distributed, sold, or otherwise exploited for any commercial purpose whatsoever, without our prior permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Terms, please request via email. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Terms and your right to use our Services will terminate immediately.
CONTENT
Our Content is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of our Content. Although we make reasonable efforts to update the information of our Content, we make no representations, warranties or guarantees, whether expressed or implied, that our Content is accurate, complete or up to date.
LINKS
Any links to third-party websites or services are provided solely for the purpose of your convenience. We have no control over the content of such websites and services, and accordingly, make no representation concerning the content of those sites to you nor make endorsement of any of them. We do not give any representation regarding their quality, safety, suitability, or reliability of any of the material contained in them.
You may link to our Content and Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, and you must not establish a link to our Content and Services in any website that is not owned by you. We reserve the right to withdraw linking permission without notice.
1.3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.
You must treat all user information (such as user login and password information) as confidential and not disclose to any third party. If you know or suspect that anyone other than you, knows your login details, please contact us immediately.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
1.4. USER DATA AND PRIVACY PROTECTION
USER DATA
We may access, store, process, and use any information and personal data that you provide and your choices (including settings). By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.
We are committed to safeguarding the privacy of your personal data. We make sure our policies and procedures in relation to the collection, use, retention and access of personal data comply with the requirements of the Personal Data (Privacy) Ordinance (Chapter 486) of the laws of Hong Kong. Please refer to our Privacy Policy.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
USER CONTRIBUTIONS
Our Content and Services may include content (“Contributions”) uploaded by other public users, including to social media pages and other information sharing sites. These Contributions have not been verified or approved by us, and the views expressed by other users do not represent our views or values.
Any Contributions you upload to our Services will be non-confidential and non-proprietary. We do not assert any ownership over your Contributions but you grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. You retain full ownership of all your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Services constitutes a violation of their Intellectual Property Rights or of their right to privacy. We have the right to remove any user Contributions on our Services if, in our opinion, the content does not comply with acceptable content standards. You are solely responsible for securing and backing up your content.
1.5. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the services, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the services.
1.6. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically
1.7. TERM AND TERMINATION
These Terms shall remain in full force and effect while you use the services. Without limiting any other provision of these terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the services (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms or of any applicable law or regulation. We may terminate your use or participation in the services or delete any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or susp
1.8. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
We cannot guarantee the Services will be available at all times. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason
1.9. DISPUTE RESOLUTION
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. The 11 Cigar Limited (Migratory Cigar) reserves the right of final decision in case of any dispute.
1.10. DISCLAIMER
The services are provided on an as-is and as-available basis. You agree that your use of the services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the services’ content or the content of any websites or mobile applications linked to the services and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the services, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
1.11. LIABILITY
In no event will we or our agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the services, even if we have been advised of the possibility of such damages.
1.12. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
1.13. MISCELLANEOUS
These Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Services. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
If there is any inconsistency or ambiguity between the English version and the Chinese translation of these Terms, the English version shall prevail. To resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at info@migratorycigar.com.
