Terms of Use

PLEASE READ THESE CAREFULLY BEFORE USING OUR SITE

Who we are

CIGARKEEP LIMITED is a limited company incorporated in England & Wales. Our company number is 13537520 and our registered office at 10 Bolt Court, 3rd Floor, London, United Kingdom, EC4A 3DQ. When we refer to “CIGARKEEP”, “we”, “us” or “our” in these Terms, we are referring to CIGARKEEP LIMITED.

We own and operate the CIGARKEEP website at https://www.cigar-keep.com/ (“Site”) and digital platform which enables individuals to view and contribute to digital content, and provides a networking forum and marketplace for cigar aficionados (the “Platform”).

To contact us, please email [email protected].

About these terms (“Terms”)

By using our Site you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, you must not use our Site.

Who these Terms apply to

These Terms apply if you are using and accessing the freely available online content via our Site, and you have not signed up to our subscription membership to the Platform (“Membership”). If you have signed up for a Membership, our Platform Terms and Conditions will also apply.

We may make changes to these Terms

We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to our Site

We may update and change our Site from time to time to reflect changes to our users' needs or our business priorities.

Do not rely on information on this Site

The content on our Site 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 the content on our Site.

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.

Your obligations

You must comply with your obligations as set out in these Terms, as applicable.

  • You must be respectful of other users, and act with integrity whilst using our Site. You must not act unlawfully whilst using our Site.
  • You shall not reproduce, duplicate, copy or re-sell any part of the Site or content from the Site unless otherwise agreed with us in advance in writing.
  • You shall keep your login link or other access credentials secure for use of the Site and not permit any third party, third party entity (or representative of such entity) to use the account which you create.
  • You shall not create a false identity or submit inaccurate, false or misleading information.
  • You shall not store or transmit any material during the use of the Site that is unlawful, dishonest, threatening, defamatory, obscene, discriminatory or is racially offensive.
  • You shall not send or transmit any material which infringes any third-party intellectual property rights.
  • You shall not use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or similar manual process, to:
    1. continuously and automatically search, scrape, extract, deep link or index any content from the Site; or
    2. harvest personal information from the Site.
  • You shall not create a false identity or submit inaccurate, false or misleading information.
  • You shall not knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
  • You shall not damage, disable, overburden, impair or compromise the Site.
  • You shall not modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any related software.
  • You must not conduct fraudulent activities.
  • You shall not cause third parties to engage in the restricted activities above.

Contributions

As part of your use of the Site, you may submit or make available certain content, information and data, such as posts, announcements, messages or other files (“Contributions”). You are responsible for your Contributions, and you assume all risks associated with your Contributions, including anyone’s reliance on its quality, accuracy, reliability, appropriateness, or any disclosure that makes you or anyone else personally identifiable. You represent and warrant that you own or have the necessary rights, consents, and permissions to use and authorise the use of Contributions as described herein. You may not imply that Contributions are in any way sponsored or endorsed by us.

We are not responsible or liable to you or any third-party for the content or accuracy of any Contributions. We may reject or remove Contributions (such as Contributions that violate these Terms or applicable law), but we have no obligation to do so.

Whilst we have taken reasonable security measures, we recommend that you regularly back up any Contributions or other content you provide or upload.

If you believe a Contribution infringes your intellectual property rights, please contact us on [email protected].

Personal data in Contributions

We will only use your personal information as set out in our Privacy Policy.

Third Party Websites and Services

This Site may contain links or referrals to third party and other independent websites and services which are not provided by us. Such websites and services are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use them, including whether to buy any products or services offered by them.

Breach of these Terms

When we consider that a breach of these Terms has occurred, we may take such action as we deem appropriate, including all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use the Site.
  • Issue of a warning to you.
  • Commencement of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach. This means you will be responsible for any loss or damage we suffer as a result of your breach of these Terms.
  • Disclosure of such information to HMRC or law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of these Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Rights in the Site and Contributions

We own or validly license all intellectual property rights in the Site and any additional services we provide. Except to the extent set out in these Terms, or otherwise agreed in writing with you, you are not permitted to use such intellectual property rights.

You are the owner of any content or Contributions you upload to the Site. You grant to us a worldwide, royalty-free, non-exclusive, sub-licensable, transferable, perpetual, irrevocable, license to the content and Contributions to use, reproduce, modify, adapt, publish, translate, distribute, perform and display such Contributions on the Site or as otherwise required for us to provide our services.

Availability of the Site

Our Site is made available free of charge, excluding the Platform.

We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

We may transfer this contract to someone else

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

How to complain about content uploaded by other users

If you wish to complain about content uploaded by other users, please contact us on [email protected].

Disclaimer and Liability

We do not exclude or limit in any way our liability for:

  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation; or
  • any other loss which cannot be excluded by law.

Otherwise, your use of the Site is entirely at your own risk and, to the fullest extent permitted by law, we shall not have any liability in relation to any loss, claim or damage arising from or related to the use of the Site.

The services made available on the Site are provided on an ‘as is’ and ‘as available’ basis and to the extent permitted by law, without warranties of any kind. In particular, we make no warranty that such services will meet your requirements or expectations or that it will be error free.

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

General

If we choose to waive any particular right which we have under these Terms on any particular occasion this does not prevent us from exercising that right on another occasion.

If any part of these Terms is held by a court of law (or similar forum) to be invalid or unenforceable, this shall not affect the validity or enforceability of the rest of these Terms.

If there are any disputes or otherwise, relating to these Terms, then it will be governed by the laws of England and Wales, and subject to the exclusive jurisdiction of the English courts, to the extent permitted by law.