ACCEPTANCE OF TERMS
By accessing and using this portal (the “Portal”) you understand that ABARTA Coca-Cola Beverages, Inc. (“ACCB” or “We” or “Us” or “Our”) is providing you, your company, employer, (collectively, “You”, “you” or “your”) or any other entity on whose behalf you are acting in purchasing goods or services from ACCB or its affiliates (a “Represented Purchaser”) with access to this Portal solely in connection with payment for products and services purchased by you or the Represented Purchaser from ACCB. You also understand that the Portal is being provided via one or more third party vendors and their subcontractors (collectively, the “Service Providers”), selected by ACCB in order to better facilitate payment for ACCB products and services. For purposes of clarification, each of your covenants, agreements and representations hereunder shall in each case be deemed to be made by you and on behalf of each of you Represented Purchasers.
You further understand that your access and use of the Portal constitutes authorization for ACCB and/or its Service Providers to process payments made by you or your Represented Purchaser through the Portal and to use any information that you provide as necessary or useful to facilitate such payments or to otherwise offer or sell products or services to you or your Represented Purchaser.
INTENDED USE OF THE PORTAL
You also understand that these Terms may be updated by ACCB in its sole discretion from time to time. Any such changes will be made available to you and may require your acceptance before permitting you to continue accessing the Portal. Thereafter, your continued use of the Portal after any changes to these Terms constitute your agreement (and the agreement of any Represented Purchaser) to the updated Terms.
By using and accessing the Portal, you represent and warrant that, if you are acting on behalf of a Represented Purchaser, you are fully authorized by that Represented Purchaser to enter into these Terms and to purchase the products and services from ACCB on behalf of the Represented Purchaser. Your use of the Site constitutes your binding obligation (and the binding obligation of any Represented Purchaser) with regard to the access and use of this Site, and such Terms are enforceable in accordance with their terms against you and any Represented Purchaser.
INFORMATION YOU SHARE WITH US
You will be asked to establish an account and select a password when registering to use the Portal. By doing so, you understand that you are responsible for maintaining the confidentiality of your account and password and are fully responsible for all activities that occur through the use of your account or password. ACCB will have no liability for any loss or harm that may incur to you, any Represented Purchaser or any others as a result of someone else using your account or password, either with or without your knowledge. You also agree to not use or share anyone else’s account or password at any time.
RULES OF CONDUCT
By accessing and using the Portal, you agree to comply with the following Rules of Conduct, which we may update from time to time in our sole discretion, with or without notice to you. As such, you agree that you will not use this Portal to:
(1) engage in or promote illegal or anti-social activity;
(2) store, display, view or transmit child pornography or other pornographic, obscene or sexually explicit or otherwise inappropriate materials;
(3) commit or aid and abet fraud or negligence;
(4) defame or libel any person or entity;
(5) transmit or communicate threats;
(6) transmit or elect to receive any material or items that violate any third party’s copyright or other intellectual property rights; or
(7) do anything that may adversely affect, impair or interfere with the use of this Portal by any users.
TERMINATION OF ACCESS
By using this Portal, you understand that ACCB (or its Service Providers) may at any time, without notice and in our sole discretion, disable this Portal, temporarily or permanently, or terminate your access (or the access of a Represented Purchaser) to this Portal. You agree that ACCB will have no liability to you, any Represented Purchase or any others for termination of (a) this Portal, (b) your access to the Portal, or (c) the access of the Represented Purchaser to this Portal. You acknowledge and agree that we have no obligation to make or keep the Portal available to you.
The trademarks, service marks and logos contained on this Portal are the registered or common law marks of ACCB, its licensors, Service Providers or other third parties (the “Rights Holders”). No right or license is granted, by implication, estoppel or otherwise, to use any copyright, trademark, service mark or logo displayed on this Portal or any other intellectual property rights of the Rights Holders.
THIRD PARTY SITES
Any non-ACCB website accessed through this Portal is independent from ACCB. ACCB has no control over such sites and is not responsible for the availability, content or use of those sites, including any links contained in those sites or any changes or updates to those sites. ACCB makes no representations whatsoever about any other site you may access through this Portal. Reference by ACCB to another site does not mean ACCB endorses or accepts responsibility for the content or use of that independent site or has any association with it or its operators.
You acknowledge that ACCB is not responsible or liable if data, including e-mail or electronic communications, is accessed by unauthorized third parties when communicated between you and ACCB, using the Internet, other network communications facilities, telephone or any other electronic means. You further understand that you are (or any Represented Purchaser is) responsible for the security of the applications, networks, computers, tablets or other devices (and any email or other communication accounts) used to communicate with us or to access the Portal, and that we have no responsibility or liability for the security of such applications, networks, computers, tablets, other devices or accounts, or any viruses, malware or harmful code introduced into, or unauthorized third party intrusions. By using the Portal, you agree that we and our Service Providers are authorized to communicate with you and your Representative Purchasers without encryption.
Except to the degree prohibited under applicable law, you agree to defend, indemnify, and hold harmless ACCB, its affiliates, and any other party involved in creating, producing or delivering the Portal (including any Service Providers), and their respective directors, officers, employees, agents, shareholders, owners, licensors and representatives, from and against all claims, losses, costs and expenses (including legal fees) arising out of your use of or activities associated with the Portal (collectively, “Claims”), including, but not limited to: (i) any Claims arising from or related to any violation of these Terms by you or any Represented Purchaser and (ii) any Claims asserted by any of your Represented Purchasers.
DISCLAIMER OF WARRANTIES
to the maximum extent permitted by law, this portal is provided on an “as is” and “as available” basis. you (on behalf of yourself and any represented purchaser) understand and agree that any use of the portal by you and any represented purchaser (whether for the submission and processing of payments or otherwise) is at your sole risk and discretion and that accb has made no representations, claims or warranties concerning the portal.
accb disclaims all representations and warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, noninfringement and operability, reliability, performance and freedom from errors, viruses or other harmful components.
further, you also understand that accb does not represent or warrant that the portal will always be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, nor do we warrant any connection to or transmission from the internet. in no event shall accb or service providers or either of their representatives be liable for any damages resulting from the use of, or inability to use, the portal.
LIMITATION OF LIABILITY
you understand that to the maximum extent permitted by law, we will not be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to the use of this portal.
These Terms are independent severable. Whenever possible, each provision of these terms shall be construed so as to be interpreted in such manner as to be effective and valid under applicable law. If any provision of these Terms or the application thereof to any party or circumstance shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition without invalidating the remainder of such provision or any other provision of these Terms or the application of such provision to other parties or circumstances.
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to its choice of law provisions. By using the Portal, you agree to the exclusive jurisdiction by the federal and state courts located in Allegheny County, Pennsylvania and you hereby waive any jurisdictional, venue or inconvenient forum objections to such courts.
These Terms constitute the final, full and exclusive expression of the agreement with respect to the access and use of this Portal and supersede all prior agreements, understandings, writings, proposals, representations and communications, oral or written, of either you or ACCB with respect to the use of this Portal. Nothing in these Terms is intended to limit or exclude liability for fraud. For avoidance of doubt, these Terms do not supersede, amend or replace any written agreements or purchase orders related to the purchase and sale of products and services between you (or a Represented Purchaser) and ACCB.
ONLINE ORDERS & DELIVERY
ACCB does not warrant that all product descriptions, pricing information or other content included on the Portal is accurate, complete, reliable or error-free. Prices and delivery time frames are subject to change without notice. If you find that a product offered on the Portal is not as described, please feel free to contact us and we will work to ensure that you are satisfied with your order.
Although ACCB will use commercially reasonable efforts to ensure that all customers receive their orders in a timely fashion, ACCB does not warrant that all orders will be free from delay and disclaims any liability for such delays regardless of the cause of such delay. In the event that your order is delayed or changed, ACCB will work to ensure that you are updated on your order status.
In the event of overpayment, returned product, pricing corrections, or any other event that would leave your account with a credit balance, unless requested otherwise, the credit balance will be applied to future invoices. If, instead, you request a refund in writing, ACCB will process such refund no sooner than thirty (30) days after receipt of such written request. In the event your account is terminated and after the closing of your account(s) there remains a credit balance, ACCB will refund such credit balance no sooner than thirty (30) days after your accounts have been terminated. All refunds shall be sent by check through the US Postal Service or similar mail provider to the address ACCB has associated with your account.[A2]
INFORMATION OR COMPLAINT
We value your feedback. In the event you have a
question or find that you have encountered an issue with the Portal, please
feel free to contact us by using the chat function on the Portal, by email at
abartamycokesupport@coca-cola,com, or by telephone at 1-844-690-2653.
YOU SHOULD PRINT AND RETAIN A COPY OF THESE TERMS FOR YOUR RECORDS.
Effective Date: [__________ __, 2017]