TERMS & CONDITIONS OF USE
LAST UPDATED: June 15, 2016
To access this Website you must be of legal drinking age in the country where you reside. Please exit this Website immediately if you are not of a legal age for consuming alcoholic beverages in the country or territory in which you reside, or are in a country or territory where the access to this Website is not permitted.
1. Restricted Uses.
2. Use of Information/Materials.
You may print or have printed by a third party any downloadable information or materials offered on this Website provided that all of the following six conditions are met:
(b) Your use of the materials is for lawful purposes;
(c) No copyright or other notice regarding the rights or property of third parties is removed from the materials or information;
(d) You do not assert any copyright or other intellectual property, ownership or other interest or right in respect of the materials or information;
(e) You reside in a country or territory where the consumption of alcoholic beverages is permitted; and
(f) You are of a legal age to consume alcoholic beverages pursuant to the laws of the country or territory in which you reside or of the age at which you have legal capacity to contract in the country in which you are resident, whichever is the greater.
3. Limited License.
4. Information Submitted Through the Website.
5. Registration; User Names and Passwords.
From time to time, certain sections of this Website may be restricted to registered users. You may not create an account unless you’re of legal age to buy alcohol in the country where you live or access the site. Where a registration procedure applies, you may be asked to register with Company in order to make a purchase on the Website. With respect to any such registration, we may refuse to grant you, and you may not use, a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the Website, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Website, to any third party. You are fully responsible for all transactions (including any information transmitted in connection with any transactions) and other interactions with the Website that occur in connection with your account user name and password. You agree to immediately notify Company of any unauthorized use of your password or user name or any other breach of security related to your account, your user name or the Website, and to ensure that you "log off" and exit from your account with the Website (if applicable) at the end of each session.
If and when you have created an account to use the Website as an individual, you represent and warrant that you are the individual identified in the registration and verification process and that the login information that you have provided to the Company is true and correct.
If and when you have created an account to use the Website as a business:
(a) You represent and warrant that:
(2) the login information that you have provided to the Company is true and correct.
(b) Your registration may be subject to additional credit and verification checks and such other processes as the Company determines.
(e) You may use the Website solely for the limited commercial purpose of viewing and buying products the Company offers for sale via the Website for the use (including the resale) of such products in the ordinary course of your business. You may not use the Website for any other commercial purpose.
Subject to your rights under the Australian Consumer Law, Schedule 2 to the Competition and Consumer Act 2010 (Cth) ("ACL") and Section 11 (Limitation of Liability), we are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
6. Rules of Conduct.
We expect users of the Website to respect the law as well as the rights and dignity of others. While using the Website you agree to comply with all applicable laws, rules and regulations. In addition, your use of the Website is conditioned on your compliance with the rules of conduct set forth in this section, and failure to comply with these rules of conduct may result in termination of your access to the Website pursuant to Section 14 (Miscellaneous) below.
You agree not to:
(a) Post, transmit, or otherwise make available through or in connection with the Website:
(1) any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right unless you own such rights, or have obtained the relevant owner’s consent or authorization to do so; (f) depicting or endorsing irresponsible drinking; or (g) depicting or endorsing activities that are inappropriate when consuming or after consuming alcoholic beverages such as operating a motor vehicle;
(2) any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking";
(3) any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment;
(4) any unsolicited or unauthorized advertisements, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation that is not expressly approved by Company in advance;
(5) any personally identifiable information of another individual, without the prior consent of such individual;
(6) any material, non-public information about a company, without the proper authorization to do so.
(b) Use the Website for any fraudulent or unlawful purpose.
(c) Use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or to harvest or collect information about users of the Website.
(d) Impersonate any person or entity, including without limitation any representative of Company; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website; or express or imply that we endorse any statement you make.
(e) Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks.
(f) Restrict or inhibit any other person from using the Website (including without limitation by hacking or defacing any portion of the Website).
(g) Use the Website to advertise or offer to sell or buy any goods or services for any business purpose without Company's express prior written consent.
(h) Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the Website.
(i) Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website.
(j) Remove any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Website.
(k) Frame or mirror any part of the Website.
(l) Create a database by downloading and storing Website content.
(m) Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Website content or reproduce or circumvent the navigational structure or presentation of the Website without Company's express prior written consent.
(n) Using the sites to access, or attempt to access, the accounts of others or to penetrate, or attempt to penetrate, our or a third party’s security measures, computer software, hardware, electronic communication systems or telecommunications systems.
Additionally, you acknowledge and agree that you (and not Company) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Website and for paying all charges related thereto.
7. Forums and Review Submissions.
Company may offer features through the Website that enable you to post information, photographs and other materials and images publicly (collectively referred to herein as "Forums"). All of the rules of conduct described in Section 6 above apply to the Forums. Additionally, without Company's express prior written consent, you may not use the Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Forums to solicit other Website visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization.
We reserve the right, at our sole discretion, to edit any Review Submission and to choose to include or not include such Review Submission in the Forums or otherwise in the Website. The Forums include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties through the Forums or otherwise through the Website are those of such third parties and not of Company, and Company does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from the Website at any time if we deem removal to be warranted. Please understand that removal or editing of any Review Submission or other materials may not occur immediately.
You acknowledge and agree that Company has no control over, and subject to your rights under the ACL and Section 11 (Limitation of Liability) shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through the Forums or any other part of the Website.
9. Links to or from Other Websites.
Except as otherwise expressly stated by Company on the Website, Company is not affiliated or associated with operators of any third party websites that link to or are linked from the Website. Subject to your rights under the ACL and Section 11 (Limitation of Liability) Company expressly disclaims any responsibility for the accuracy, content, or availability of information found on third party websites that link to or are linked from the Website. We cannot ensure your satisfaction with any products or services that are available through any third party site that links to or is linked from the Website because these third party sites are owned and operated by independent entities. We do not endorse any of the products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party sites. Subject to your rights under the ACL and Section 11 (Limitation of Liability) we make no representations or warranties as to the security of any information (including without limitation credit card or other payment card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party site or otherwise.
YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Company shall have the right, at any time and at its sole discretion, to block links to the Website through technological or other means without prior notice.
Except as otherwise stated in the Terms of Sale and subject to your rights under the ACL and Section 11 (Limitation of Liability), while the Company endeavors to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material. To the maximum extent permitted by law and subject to your rights under the ACL and Section 11 (Limitation of Liability), the Company provides you with the Website on the basis that the Company excludes all representations warranties, conditions and other terms (including, without limitation, the conditions implied by law).
If you become aware of any unauthorized third party alteration to the Website, contact us at the e-mail address in Section 15 (Contacting Us) with a description of the material(s) at issue and the URL or location on the applicable Website where such material(s) appear.
11. Limitation of Liability.
Subject to Section 12 (Indemnification) and subject to your rights under the ACL and this Section 11, the Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort, including without limitation negligence, contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website. Nothing in these Terms and Conditions shall limit the Company's liability for: (i) death or personal injury caused by the proven negligence of the Company, its directors, agents, officers or representatives; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability which cannot be excluded or limited by law.
Except as required by the ACL, to the fullest extent permitted by law, the liability of the Company for a breach of a non-excludable guarantee referred to in this Section 11 is limited, at the Company's option, to:
(a) in the case of goods supplied by us, any one or more of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; or
(b) in the case of services supplied or offered by us:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
13. Termination and Enforcement.
15. Contacting Us.
©2017 Brown-Forman Australia Pty Limited. All Rights Reserved.