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Terms & Conditions

IN USING THIS WEBSITE YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to The Cayman Islands Brewery Ltd. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our services/products to the Client in the most appropriate manner, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, the laws of the Cayman Islands. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

PRIVACY STATEMENT

We are committed to protecting your privacy. Authorized employees within the Company only use any information collected from individual customers (“Client Records”) on a need to know basis. We constantly review our systems and data to ensure the best possible service to our customers.

CONFIDENTIALITY

We operate under the laws of the Cayman Islands and as such, any information concerning the Client and their respective Client Records may be passed to third parties only to the extent permitted or required by or under those laws. However, Client Records are regarded as confidential and therefore will not be divulged to any third party, other than our manufacturer/supplier(s)/tour operations partners/credit card payment processors/banks and if legally required to do so to the appropriate authorities. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Clients with appropriate electronic information, written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.  We offer free subscriptions to our newsletter and Clients who wish to receive those emails can use the online facilities on our website www.cib.ky to subscribe.

DISCLAIMER EXCLUSIONS AND LIMITATIONS

The information on this website is provided on an "as is" basis. Although this Company makes best efforts to keep the website information accurate and up to date, inaccuracies or omissions may be discovered in such information from time to time and this Company invites Clients to inform it of any such errors at the earliest opportunity.  To the fullest extent permitted by law, this Company:

excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and

excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

This Company does not, however, exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the fullest extent permitted by law. None of your statutory rights as a consumer are affected.

LIMITATIONS OF LIABILITY

Total Liability: Except In The Case Of Fraud, Each Party's Liability For A Breach Of This Agreement Under This Agreement Will Be Limited To The Payments Received Or Due From Client Under This Agreement.

Exclusion Of Damages: Except In The Case Of Fraud, Neither Party Will Be Liable To The Other For Any Special, Incidental Or Consequential Damages, Whether Based On Breach Of Contract, Tort (Including Negligence), Product Liability, Or Otherwise, And Whether Or Not Such Party Has Been Advised Of The Possibility Of Such Damage.

PAYMENT

MasterCard, American Express and VISA Credit/Debit Cards are all acceptable methods of payment. Our payment terms are payment in full upon ordering. All goods remain the property of the Company until paid for in full. We encrypt certain sensitive information (such as credit card information) using Secure Sockets Layer (SSL) technology to ensure that your Personally Identifiable Information is safe as it is transmitted.

CANCELLATION POLICY

For standard daytime tours/admissions, notice of cancellation required no later than (i) the date indicated on the order for the tour/admission, or (ii) where no date is indicated on the order for the tour/admission, a minimum of 24 hours written notice of cancellation required.  For evening/night/special event tours/admissions, a minimum of 24 hours written notice of cancellation required.  Written notification may be provided in person or by email to tours@cib.ky, and will be effective and accepted upon our confirmation in writing (which may be delivered by email). 

TERMINATION OF AGREEMENTS AND REFUNDS POLICY

Both the Client and ourselves have the right to terminate any services agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where the delivery or undertaking of a service is deemed to have commenced and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused services, shall be refunded.

AVAILABILITY

Unless otherwise stated, the services featured on this website are only available from or within Grand Cayman, Cayman Islands, or in relation to postings from Grand Cayman, Cayman Islands. All transactions offered on this website are deemed to take place solely within Grand Cayman, Cayman Islands.  You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this website. Redistribution or republication of any part of this website or its content is prohibited, including such by framing or other similar process or action, or by any other means whatsoever, without the express written consent of the Company. The Company does not warrant that the service from this website will be uninterrupted, timely or error free, although it is provided to the best of the Company’s ability. By using this service you agree to indemnify the Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

WEB STORE

All orders and purchases made through this website are subject to the Online Shopping Terms and Conditions outlined below. These Online Shopping Terms and Conditions may change from time to time without prior notice, at our discretion.

This website is owned and operated by The Cayman Islands Brewery Ltd. All orders and purchases made through the facilities of this website shall be subject to these Online Shopping Terms and Conditions. 

The Cayman Islands Brewery may correct errors or inaccuracies and change or update information on this website at any time without notice, including in respect of prices and availability of items. All prices listed on this website are in US dollars and all charges will be processed in US dollars. All prices listed apply to online purchases only and may not be representative of prices at our brewery location. Prices are subject to change without notice. 

Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by The Cayman Islands Brewery on this Website. Information and related materials are subject to change without notice. This Website and all information and related materials it contains are provided "AS IS." The Cayman Islands Brewery makes no representation or warranty whatsoever regarding the completeness, accuracy, currency, or adequacy of, or the suitability, functionality, availability, or operation of this Website or the information or materials it contains. By using this Website, you assume the risk that the information and materials on this Website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.

SHIPPING

Once Payment has been received and processed, goods will be shipped. The Cayman Islands Brewery will use commercially reasonable efforts to ship all items within three (3) business days of order placement; however, The Cayman Islands Brewery will not be responsible for any delays in delivery, which are beyond its control. Business hours for purposes of the Web Store are considered Monday through Friday. 

All orders placed via The Cayman Islands Brewery's Web store will be shipped via special delivery from the Cayman Islands. All orders will have a delivery tracking number to ensure safe delivery and are subject to the shipping company's terms and conditions. This tracking number will be emailed so you can keep track of your order. We do not take any responsibility if items are lost or damaged once we have delivered the item to the shipping company. 

If your order is shipped to the address you have provided and is returned to The Cayman Islands Brewery for any reason (unless solely due to fault/mistake of The Cayman Islands Brewery), including but not limited to entry of an incorrect or insufficient address, you will be refunded for the value of the merchandise only; shipping and handling will not be refunded. In such circumstances, your order will be cancelled and you will need to re-order with correct information. Please ensure that your information is correct as entered. If your order cannot be processed due to an incorrect or insufficient mailing address being provided, you will be notified via email. You will have two (2) business days after the notification is sent to respond with a correct address or your order will be cancelled and refunded.

LOG FILES

We use IP addresses to analyse trends, administer the website, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only internally by the Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

COOKIES

Like most interactive websites this Company’s website, it's ISP or hosting provider may use electronic packets of data used to identify the user or track their access to the server  (“cookies”) to enable us to retrieve user details for each visit. Cookies may be used in some areas of our website to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.  You acknowledge and agree to the use of cookies.

LINKS TO THIS WEBSITE

You may not create a link to any page of this website without our prior written consent. Requests for such consent must be submitted by email to info@cib.ky.  If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by creating a link thereto.

Links from this website We do not monitor or review the content of third party websites which are linked to or from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and the Company should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of such third party websites. We encourage our users to be mindful of this when they leave our website and to read the privacy statements of such third party websites. You should evaluate the security and trustworthiness of any other website connected to our website or accessed through our website before disclosing any personal information through such third party websites. The Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

COPYRIGHT NOTICE

Copyright and other relevant intellectual property rights exist on all text and other materials relating to the Company’s services and products and the full content of this website.

This Company’s logo is a registered trademark and is the intellectual property of the Company. The brand names and specific services of the Company featured on this website are the intellectual property of the Company for which all rights are reserved in all respects.

COMMUNICATION

We have several different e-mail addresses for different queries. These, and other contact information can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.

The Company is incorporated with limited liability under the laws of the Cayman Islands as The Cayman Islands Brewery Ltd. with its registered office at Bodden Corporate Services Ltd., Caribbean Plaza, 878 West Bay Road, Grand Cayman, Cayman Islands. The Company’s principal place of business is situated at 366 Shamrock Road, P.O. Box 32329, Grand Cayman KY1-1209, The Company’s postal address is P.O. Box 32329, SMB, Grand Cayman  KY1-1209, Cayman Islands.

 

FORCE MAJEURE

Neither Party shall be liable to the other for any failure to perform any obligation under any agreement which is due to an event beyond the control of such Party including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, lightning strike, storm, or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any agreement contained herein.

WAIVER

Failure of either Party to insist upon strict performance of any provision of this or any agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any agreement. No waiver of any of the provisions of this or any agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

GENERAL

The laws of the Cayman Islands govern these terms and conditions. By accessing this website and/or using our services and/or buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the Cayman Islands courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

NOTIFICATION OF CHANGES

The Company reserves the right to change these conditions from time to time as it sees fit and you acknowledge that your continued use of the website will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our website. If there are any changes in how we use our website customers’ and users’ Personally Identifiable Information, notification by e-mail or postal mail, where applicable, will be made to those affected by this change. Any changes to our privacy policy will be posted on our website 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

These terms and conditions form part of the agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking, product purchase or agreement indicates your understanding, an agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein.