Terms of use for IDS Borjomi

Effective from 23-06-2023

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PREAMBLE

Terms of Use (hereinafter – ToU) provides information on the rules applicable to use of the Websites and Mobile applications published by IDS Borjomi companies and the rules applicable to processing of your personal data.

ToU are not applicable to relationships between IDS Borjomi and the Users related to provision and order of IDS Borjomi goods or Services (the respective information is provided on IDS Borjomi Websites and Mobile applications) and the rules of IDS Borjomi promotions and other marketing events (the respective information is provided with the information on such event).

ToU shall be followed both by IDS Borjomi and the Users. IDS Borjomi retains discretion to amend ToU in part or in full. ToU, its new version and the respective amendments are effective commencing of publication on the Websites/Mobile Applications (hereinafter - Mobile Apps).

By accessing to the Websites/Mobile Apps the Users agree to comply with ToU presented in the version, which is effective at the moment of such access. Please comply with ToU, otherwise please terminate immediately the use of the Websites/Mobile Apps of IDS Borjomi.

The rightholder of all rights related to the Websites/Mobile Apps and the respective Content is IDS Borjomi.

The Websites/Mobile Apps do not contain a comment posting option. To communicate with IDS Borjomi the Users may use the communicating options available on the IDS Borjomi Websites/Mobile Apps for this purpose.

Access to IDS Borjomi Websites/Mobile Apps and the respective Services is provided exclusively for the Users over the age of 16 years-old.

GLOSSARY

IDS Borjomi means all companies related to IDS Borjomi International Group.

Websites mean the websites published by IDS Borjomi 

Mobile Apps mean those Mobile Apps developed and owned by IDS Borjomi and available for downloading on IOS and Android. The Mobile Apps can be used for the following:

 

 

§  to order IDS Borjomi goods and Services as well as to manage all related issues;

 

§  to provide IDS Borjomi Services, in particular delivery services and provision of necessary equipment;

 

§  to provide all necessary information and support for the Users;

 

§  for the other purposes specified directly in the Mobile Apps.

 


Service(s) means any service and related functions which are provided by IDS Borjomi in favor of the Users complimentary/for some fees available for order on the Websites/Mobile Apps.

User means any natural person or legal entity gaining access, browsing or visiting the Websites/ Mobile Apps with or without order of the Services.

Use of IDS Borjomi Websites/Mobile Apps means any web-browsing, downloading or any other use of the Content of IDS Borjomi Websites/Mobile Apps, use of the Services provided by IDS Borjomi.

Personal data means the personal data collected via the Websites/Mobile Apps, i.e. the information that directly or indirectly identifies the Users.

Terms of Use means these rules governing use of the Websites/Mobile Apps.

Content means all static and dynamic elements, information, texts, images, audio and video files, databases, trademarks and logos, technical and graphic solutions inserted to the Websites/Mobile Apps.

Cookies mean text files sent from the Websites to the Users’ electronic devices and saved with web-browsers. Such files do not identify the Users, but fix information on their actions related to use of the Websites/Mobile Apps. Such information is collected for improvement of operation of the Websites/Mobile Apps and customization of the respective settings: monitoring preferences of the Users, “auto-fill” option, sharing information in social media, customization of Services to the Users’ preferences, collection of general statistic information on use of the the Websites/Mobile Apps.

RIGHTS AND OBLIGATIONS OF THE USERS OF THE WEBSITES/MOBILE APPS

The Websites/Mobile App can be used exclusively for the following purposes:

 

 

§  to get acquainted with the presented Content on goods and Services of IDS Borjomi;

 

§  to order the Services of IDS Borjomi;

 

§  to manage the specifics of the Services of IDS Borjomi;

 

§  to communicate to IDS Borjomi requests, comments, complaints and suggestions sent by messages via feedback form on the Websites/Mobile Apps, and receive response from IDS Borjomi;

 

§  for other purposes provided via the Websites/Mobile Apps of IDS Borjomi.

 


It is illegal to use the Websites/Mobile Apps for the other purposes than mentioned above.

The Users are obliged to comply with the following:

 

 

§  to follow ToU and the legislative provisions of the applicable law;

 

§  to use the Websites/Mobile Apps exclusively for the purposes mentioned hereto;

 

§  not to use in any way the Content of the Websites/Mobile Apps for commercial or non-commercial purposes, not to decompile the Websites/Mobile Apps, not to refer to reverse-engineering, to disassociate or attempts to interfere with the source code of the Websites/Mobile Apps without prior permission of IDS Borjomi;

 

§  not to use the Websites/Mobile Apps for sending any messages of violent, abusive, disparaging nature or those that in any other way infringe the honor, dignity and business reputation of IDS Borjomi or third parties, as well as transmitting unsolicited commercial messages ("spam");

 

not to use software to interfere or attempt to interfere in operation of the Websites/Mobile Apps.

 

COMMUNICATION WITH IDS BORJOMI

The Users may contact IDS Borjomi:

 

§  via sending message (request or complaint) through the feedback form on the Websites/Mobile Apps;

 

§  via calling the telephone number indicated on the Websites/Mobile Apps.


To contact IDS Borjomi and get feedback the Users provide IDS Borjomi with the following scope of Personal data: name, surname, middle name, email address, telephone number, city and state of residence. Detailed information on collection and processing of Personal data as well as terms of transfer of Personal data to third parties is provided in the relevant section of the ToU.

It is prohibited to file the following information via the Websites/Mobile Apps:

 

§  any messages of a violent, abusive, disrespectful nature or any other messages, violating the right to the honor, dignity and business reputation of IDS Borjomi or third parties;

 

§  unsolicited commercial messages ("spam").


In case of sending such messages by the Users IDS Borjomi is entitled not to respond to such messages, as well as to deprive the Users the ability to send such messages via the feedback option.

Communication between the Users and IDS Borjomi is processed with technical fixing tools. The records of telephone conversations conducted while calling the telephone number indicated on the Website/Mobile Apps as well as message exchange conducted between the Users and IDS Borjomi, are stored by IDS Borjomi to monitor the quality of services as well as to make subsequent changes to goods and Services of IDS Borjomi. The Users own any messages, information and materials sent via feedback forms on the Websites/Mobile Apps.

Feedback forms


There are feedback forms on the Websites/Mobile Apps for communication of the Users with IDS Borjomi.

The Users are entitled to receive complete and comprehensive information in response to messages sent via such feedback forms on the Websites/Mobile Apps within a reasonable period, but no longer than 30 days as of the moment of request.

TelephoneThe Users are entitled to receive complete and comprehensive information in response to request within a reasonable period, but no longer than 30 days as of the moment of contacting IDS Borjomi via the telephone number indicated on the Website/Mobile Apps.

MESSAGES AND NEWSLETTERS FROM IDS BORJOMI

Messages from IDS Borjomi


The Users may receive the following messages from IDS Borjomi:

 

§  responding to the requests or complaints sent via feedback forms on the Websites/Mobile Apps;

 

§  processing the Users’ orders on goods and Services of IDS Borjomi, managing such orders, providing goods and Services of IDS Borjomi.

 


IDS Borjomi sends SMS, emails, messages in messengers, messages in the Mobile Apps.

The Users can manage the option of receiving messages from IDS Borjomi via Websites/Mobile Apps settings (depending on the functionality and the internal Websites/Mobile Apps settings).

IDS Borjomi also provides newsletters to the Users of the Websites/Mobile Apps with information on goods and Services of IDS Borjomi, promotional and commercial offers for such goods and Services.

Newsletters


Newsletters are sent exclusively to the contacts included in the database of the Users’ Personal data previously provided to IDS Borjomi on the basis of consent given on the Websites/Mobile Apps:

 

 

§  via newsletter subscription;

 

§  via order of goods and Services of IDS Borjomi.


IDS Borjomi sends newsletters via SMS, emails, messenger, and messages in the Mobile Apps.

Newsletters content is formed by IDS Borjomi in accordance with the Users’ preferences and based on their profile data.

There is an option to unsubscribe from IDS Borjomi newsletters by following the link inserted to the message with such newsletter.

INTELLECTUAL PROPERTY

IDS Borjomi is an exclusive rightholder of intellectual property rights and the related rights to the Content of the Websites/Mobile Apps (or the rights to use the Content were duly provided to IDS Borjomi by any third parties).

It is prohibited to use the Content for commercial or non-commercial purposes fully or partially in any way (meaning reproduction, representation, adaptation, modification, publication, transmission, misrepresentation, integration to another web-site). If such use of the Content is necessary, the request should be sent to IDS Borjomi via the feedback forms on the Websites/Mobile Apps.

In case intellectual property rights to the Content of the Websites/Mobile Apps are violated by any third party, IDS Borjomi will take all necessary remedies including court action.

PAYMENTS VIA WEBSITES/MOBILE APPS FOR IDS BORJOMI GOODS AND SERVICES, ORDERS AND MANAGEMENT OF ORDERS

The Users can pay for as well as order and manage the order of IDS Borjomi goods and Services via the Websites/Mobile Apps.

IDS Borjomi processes bank cards payments in strict accordance with the requirements of Visa International and MasterCard Worldwide payment systems. The server of payment corresponds to the requirements of the standard PCI DSS. Confidentiality of the information is ensured by the acquiring bank.

If any bank card transaction is considered by the security system (Anti-Fraud) to belong to the category of risky operations the respective Users will be contacted by the specialized payment service provider for additional monitoring and successful completion of payment operation related to the goods and Services of IDS Borjomi.

The following categories of the Users’ Personal data are collected and processed by IDS Borjomi for the purposes of payment procedures for goods and Services of IDS Borjomi:

 

 

§  name, surname, middle name;

 

§  email address;

 

§  mobile telephone number;

 

§  city and state of residence.


Bank card details (such as cardholder's name, card number, card expiry date and CVV-code) are collected and processed by specialized providers of payment services in the name of IDS Borjomi. Detailed information on collecting and processing the Personal Data, as well as transferring of such Personal Data to third parties is provided in the respective section of ToU.

It is prohibited to use the Users’ data (including Personal data), which are collected and processed by providers of payment services in favor of IDS Borjomi for operating payment procedures, to the disadvantage of bank cardholders. To protect bank cardholders from any disadvantage caused by fraudulent transactions, a verification procedure is used. When paying for IDS Borjomi goods and Services it is the Users’ decision whether to send the requested data to confirm the use of bank payment card or to refuse the respective transaction.

For any questions on payment, orders or managing the orders of IDS Borjomi goods and Services via the Websites/Mobile Apps please  fill in the respective feedback form on the Website/Mobile App . For any questions on collection and processing of Personal data please contact IDS Borjomi data protection personnel at privacy@borjomi.com.

COOKIES POLICY

Use of the Websites/Mobile Apps requires use of "cookies" installed on the Users' electronic devises.

IDS Borjomi uses the following categories of "cookies":

 

§  to provide users with a consistent access to functionality of the Websites/Mobile Apps;

 

§  to improve and facilitate use of the Websites/Mobile Apps;

 

§  to represent correctly advertising messages of IDS Borjomi on the Websites/Mobile Apps;

 

§  to provide the Users with access to exchange of information from the Websites/Mobile Apps via social networks;

 

§  to monitor the metrics of audience of the Websites/Mobile Apps (traffic analysis, usage trends etc.).


Prior to using "cookies" on the Websites/Mobile Apps IDS Borjomi requests the Users’ consent to  such use via sending the respective notification (in a banner form).

There are the following options provided for the Users in respect of "cookies" settings:

 

 

§  allow automatic storage and use of  all "cookies";

 

§  choose which of non-essential “coockies” are acceptable ;

 

§  always block "cookies" use (essential “cookies”, without which the website’s or relevant platform’s functioning is impossible). In such a case there may be some restrictions on operation of the Websites, e.g. no option of customized settings, etc.

 


When using the Websites/Mobile Apps it is possible to use functional options of the other resources, in particular:

 

 

§  social networks (there is an option of direct content sharing from the Websites/Mobile Apps) (depending on functionality and internal settings of the Websites/Mobile Apps). There are separate “cookies” policies of such companies;

 

§  Google Analytics for collecting statistical information of general character on use of the Websites/Mobile Apps (such information is used by IDS Borjomi exclusively for improving the Content and provision of the Services ordered via the Websites/Mobile Apps). Operation of Google Analytics is governed by the respective policy of this company;

 

§  other resources, whose safety was checked by IDS Borjomi.

 


Please note that in case the function of “cookies” use is blocked it may result in improper operation of the Websites/Mobile Apps. There is an option to block the function of “cookies” use in part or in full (certain types of "cookies") with modifying the settings of the web-browsers on devices used for access to the Websites/Mobile Apps.

RESPONSIBILITY

Breach of any ToU provisions will lead to bringing the Users to responsibility established under the ToU and the law applicable to ToU.

There are hyperlinks to third-party web resources inserted to the Websites/Mobile Apps. IDS Borjomi is not responsible for the content posted on such web resources, as well as for the collection and processing of Personal Data of Users, which may occur as a result of the use of such resources.

IDS Borjomi takes every effort to provide the Users with secure, uninterrupted and correct access to the Websites/Mobile Apps. At the same time, IDS Borjomi is not responsible for any interruptions in the work of the Websites/Mobile Apps, the incompatibility of such Websites/Mobile Apps with all types of the Users’ devices, and the inability of the Users to access to the Websites/Mobile Apps due to the absence of the Internet connection. IDS Borjomi retains discretion to restrict the Users’ access to the Websites/Mobile Apps in full or in part.

IDS Borjomi is not liable for any damages arising for the Users from use of the Websites/Mobile Apps. Also, IDS Borjomi is not liable before any third parties for any Users’ actions committed with use of the Websites/Mobile Apps.

MISCELLANEOUS

ToU is effective as of the moment of its publishing on the Websites/Mobile Apps.

Any disputes arisen between IDS Borjomi and the Users related to use of the Websites/Mobile Apps are settled via negotiations between the parties (such settlement should be initiated by the Users with the respective request to IDS Borjomi) as well as in accordance with the applicable law.

For any questions on use of the Websites/Mobile Apps please contact IDS Borjomi support team by filling in the respective feedback form. For the issues related to collection and processing of Personal data please contact IDS Borjomi data protection personnel at privacy@borjomi.com.

 

 

The website belongs to IDS Borjomi Georgia, A Georgian Branch of IDS Borjomi Beverages Co.N.V., I/N: 204870844, address: 39, Tori street, Borjomi 1200, Georgia.