Terms of Use

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.

By entering this Website you agree to be bound by the Terms and Conditions of Use ("Terms of Use"), which shall take effect immediately on your first visit of the Website.  Please read the Terms of Use carefully before accessing and using the Website.  If you do not agree and accept, without limitation or qualification, these Terms of Use, please exit the Website.

Brown-Forman Australia Pty Limited (the "Company") may revise these Terms of Use at any time by updating this posting.  You can determine when these Terms of Use were last revised by referring to the "LAST UPDATED" legend at the top of these Terms of Use.  Your continued use of the Website will be deemed acceptance of the updated or amended terms.  If you do not agree to the changes, you should cease using this Website. 

Except as otherwise stated in Section 8 (Promotions), if there is any conflict between these Terms of Use and specific provisions appearing elsewhere on the Website, then these Terms of Use shall prevail. 

1.     Restricted Uses.

The Website is owned and operated by Company.  The content of this Website, including but not limited to any trademarks, designs, logos, text, images, audio and video materials thereon, is the intellectual property of Company or its affiliates ("Company’s Proprietary Material") unless otherwise stipulated in writing. All other product or brand names are trademarks of their respective owners. Company’s Proprietary Material is protected under the laws of the Commonwealth of Australia and other nations around the world, and under international treaties – in particular under copyright and trademark laws. You are not permitted to remove any copyright or other proprietary notice from Company’s Proprietary Material. You are also not permitted to publish, distribute, transmit online or offline or otherwise use Company’s Proprietary Material in any way for any public or commercial purpose, without the prior and express written consent of Company.  Subject to your compliance with these Terms of Use, and solely for as long as you are permitted by Company to access and use the Website, you may download one (1) copy of any particular materials from the Website for your own personal, non-commercial (except as otherwise permitted in Section 5 of these Terms of Use) use, provided that you agree to abide by any copyright notice or other restrictions contained in or applicable to such materials, including any author attribution, copyright or trademark notice or restriction in any such material that you download.

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:

(a)  You require the materials or information solely for, private and not for direct or indirect commercial purposes (except as otherwise permitted in Section 5 of these Terms of Use);

(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.

Except for the limited license to download and print certain material / information from this Website for non-commercial and private purposes only and as otherwise permitted in Section 5 of these Terms of Use, you have no right to use Company’s Proprietary Material. All rights with respect to Company’s Proprietary Material remain the exclusive property of Company or its affiliates.

4.     Information Submitted Through the Website. 

Your submission of information through the Website is governed by Company's Privacy Policy (the "Privacy Policy"), located at http://www.brownforman.com.au/privacy-policy, and these Terms of Use incorporate by reference the terms and conditions of the Privacy Policy.  You represent and warrant that any information you provide in connection with your use of the Website is true, accurate and complete, and that you will maintain and update such information as needed such that the information remains true, accurate and complete. You must not submit any personal information of another individual through the Website or otherwise in connection with your use of the Website unless you first make them aware of the Company's Privacy Policy and have their consent to submit such personal information in accordance with these Terms of Use.

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:

(1)  you, as the individual identified in the registration and verification process, have the authority to provide the login information, and agree to these Terms of Use, on behalf of the business;

(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.

(c)  A reference to that business in these Terms of Use is to be construed as including a reference to the legal entity operating that business.

(d)  A reference to "you" in these Terms of Use refers to (and, where applicable, binds) both you personally and the legal entity operating the business.

(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.

If Company is made aware of any information or materials posted, transmitted, or otherwise made available through or in connection with the Website that may be a violation of any law, regulation, or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander, and invasion of privacy, or a violation of these Terms of Use, Company has the right, but not the obligation, to remove or disable access to the respective information or materials.  

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.

When you submit or make available any information, photographs or other materials and images through the Forums or otherwise through the Website ("Review Submissions"), you acknowledge and agree that those Review Submissions will be nonproprietary and nonconfidential, may be made available to the general public, and may be used by Company without restriction.  You grant to Company the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sublicensable through multiple tiers, without compensation to you, to use, reproduce, distribute or communicate (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Review Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise.  You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Review Submission and that your provision of Review Submissions through the Forums or otherwise through the Website complies with all applicable laws, rules and regulations.  You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Review Submission that you may have under any applicable law or under any legal theory.  Where such waiver is not possible you consent to its use without attribution, or with attribution of another or any other modification or juxtaposition of the Review Submission whether derogatory in nature or not.  This section will survive termination of these Terms of Use for any reason.

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.  

8.     Promotions.

Any prize draws, contests, or similar promotions made available through this Website may be governed by specific rules that are separate from these Terms of Use.  By participating in any such prize draw, contest, or promotion you agree to become subject to those rules, which may vary from the terms and conditions set forth herein.  Company urges you to read the applicable rules, if any, which will be linked from the particular activity, and to review the Privacy Policy, which, in addition to these Terms of Use, will govern any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with these Terms of Use, the terms and conditions of such rules will control.

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.

10.   Disclaimer.

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.

Subject to your rights under the ACL and this Section 11, any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms of Use by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.

Nothing in these Terms of Use excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL) or any other applicable law that cannot be excluded, restricted or modified by agreement.

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.

Subject to your rights under the ACL and this Section 11, the maximum aggregate liability of the Company for all proven losses, damages and claims arising out of or in connection with these Terms of Use or a supply under these Terms of Use, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of A$100. 

12.   Indemnification.

Subject to your rights under the ACL and Section 11 (Limitation of Liability), you will indemnify, defend and hold the Company harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (the "Claims"):  (a) your use of, inability to use, or activities in connection with the Website (except to the extent such Claim is proven to have been directly caused by the Company); (b) any violation of these Terms of Use or any other Company terms, conditions or policies by you or through any account you may have with any Website; (c) any allegation that any Review Submission or other materials that you make available through the Website infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or (d) your violation of any rights of any Website visitor, user, or customer, or any other third party; and you agree to reimburse the Company on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claim(s).

13.   Termination and Enforcement.

You agree that Company, at its sole discretion, may terminate your access to or use of the Website, at any time and for any reason, including without limitation if Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use (including but not limited to your failure to comply with the rules of conduct set forth in Sections 6 and 7 (Rules of Conduct; Forums and Review Submissions) above). Upon any such termination, your right to use the Website will immediately cease.  You agree that any termination of your access to or use of the Website may be effected without prior notice and that Company may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files.  You agree that subject to your rights under the ACL and Section 11 (Limitation of Liability) Company shall not be liable to you or any third party for any termination of your access to the Website or to any such information or files and shall not be required to make such information or files available to you after any such termination.  Company reserves the right to take steps that Company believes are necessary or appropriate to enforce and/or verify compliance with these Terms of Use (including without limitation in connection with any legal process relating to your use of the Website and/or a third party claim that your use of the Website is unlawful or violates such third party's rights).

14.   Miscellaneous.

If any provision of these Terms of Use shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.  These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company.  You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent.  No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.  Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.  These Terms of Use, together with all agreements and statements referred to herein and incorporated herein by reference, is the entire agreement between you and Company relating to the subject matter hereof and, except as otherwise provided herein, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter.  Notices to you may be made by posting a notice (or a link to a notice) on the Website, by email, or by postal mail, at Company's discretion.  Without limitation, you agree that a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms of Use are governed by and must be construed in accordance with the laws in force in New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms of Use, its performance or subject matter.  

15.   Contacting Us.

If you have any questions regarding the Website or these Terms of Use, please contact us by e-mail at [email protected], by postal mail at: Level 6, 280 Elizabeth Street Surry Hills NSW 2010, AUSTRALIA, Attention: Privacy Officer or by telephone at +800 753 4567.  Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit or other payment card information or other sensitive information in your e-mail correspondence with us. 

 

©2017 Brown-Forman Australia Pty Limited.  All Rights Reserved.