Asahi Beverages Website Terms of Use

1. The Site is for your personal entertainment, information and communication only. This means that all content provided on the Site is for your non-commercial use, and you may not distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes without the written permission of Asahi Beverages.
2. You may not send any material to the Site that:
   1. infringes the intellectual property or other rights of another person;
   2. is otherwise unlawful, harmful (including any virus), threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent or profane or that could be a violation of any law (including encouraging any other person to violate any law). This includes information that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
   3. relates to unlawful conduct;
   4. creates a privacy or security risk to any person, including by soliciting personal information from any person;
   5. solicits money from any person;
   6. is false, misleading or deceptive;
   7. contains financial, legal, medical or other professional advice;
   8. would harm, abuse, harass, stalk, threaten or otherwise offend;
   9. would reflect negatively on us, including our goodwill, name and reputation;
   10. tampers with, hinders the operation of, or makes unauthorised modifications to the Site;
   11. would breach any applicable laws; or
   12. would otherwise result in civil or criminal liability for you, us or any third party.
3. In using the Site, you must not:
   1. violate any applicable laws, or use the Site for any purpose that is unlawful;
   2. distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;
   3. use any automated system or software to extract data from this Site for commercial purposes;
   4. collect or store data about other users of the Site;
   5. engage in any other conduct that inhibits any other person form using or enjoying the Site;
4. You agree to indemnify and hold us (including any of our directors, officers, employees and contractors) harmless from:
   1. any claim made by any third party; and
   2. any loss or damage that we may suffer,
   3. arising (directly or otherwise) out of your breach of the restrictions in this clause 2.
5. Occasionally Asahi Beverages will post information to the Site which includes references to third parties which are not associated with or owned by Asahi Beverages. You may not use these parties’ likenesses, names, and/or properties without their express permission (to seek this permission you will need to contact these third parties directly).
6. Any personal information (for example your name, address, telephone number or e-mail address) you submit to the Site will be used by us in accordance with the Privacy Policy. Information which is not personal (including questions, comments or suggestions) will not be covered by the Privacy Policy.

3. Material on the Site

3.1 Ownership of intellectual property on the Site

1. The Site is subject to copyright and other intellectual property rights.
2. Unless otherwise indicated, we own or license from third parties all content on the Site. All content on the Site remains the sole property of the applicable content owner (i.e. Asahi Beverages or the third parties from which we license the content) and is protected under all relevant copyright, trade mark, and other applicable laws. Nothing you do on or in relation to the Site will transfer any intellectual property rights to you or licence you to exercise any intellectual property rights unless this is expressly stated.
3. Asahi Beverages takes the protection of intellectual property very seriously. Please be advised that Asahi Beverages, in their sole discretion, may take all actions to enforce its intellectual property rights to the fullest extent of the law.
4. Except as provided in these terms of use, any use or copying of the Site for any purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us at consumerrelations@asahi.com.au if you wish to seek such consent. We may revoke any consent we provide at any time and may suspend or deny your access or use of the Site without notice for any reason, including if you breach or we reasonably believe you have breached any of these terms of use.

3.2 Material you send to the Site

1. By providing us with any material that you send to the Site, you:
   1. grant us a non-exclusive, worldwide, royalty-free, perpetual, licence (including a right of sub licence) to use, copy, modify and otherwise exploit the material in any form or on any medium and for any purpose; and
   2. warrant that you have the right to grant such licence.
2. We (or any party we nominate) are entitled to use any or all material which you send to the Site for any purpose without requesting consent from you or providing you with any compensation. Please keep this in mind when you send any data, questions, comments, suggestions, ideas or other information, material or property to the Site.
3. You agree to indemnify and hold us (including any of our directors, officers, employees and contractors) harmless from any claim made by any third party arising out of material you send to the Site.
4. We may, without notice to you, review, modify or remove any of the material you send to the Site in our absolute discretion including where we believe it violates these terms of use.

1. You must not frame this Site or represent or imply that any part of the Site belongs to anyone other than us.
2. If we notify you that we object to the manner in which you provide links to this Site, you must immediately cease providing such links.

1. The Site is provided by Asahi Beverages. We may review, edit or delete materials that any person sends to the Site, but we are not under an obligation to do this.
2. We may cancel any registration(s) or account(s) on the Site at any time or remove any content you have sent or posted on the Site without giving any notice to you or any other person. We may do this without any liability, and for any reason whatsoever.
3. We may change information on the Site, these Terms of Use and / or the Privacy Policy, at any time without notice. You should regularly review these Terms of Use and the Privacy Policy for any changes. Changes will be effective as soon as they are posted on the Site, and by continuing to use the Site, you agree to any changes. By providing continued access to the Site, we are providing you consideration for agreement to any changes.

1. We try to make the Site and its contents as reliable as possible, but inaccuracies may occur. Because of this, regardless of anything else on the Site or in these Terms of Use, use of this Site is at your own risk.
2. The Site is provided to you on an “as is” basis, and to the fullest extent permitted by law Asahi Beverages disclaims any and all express or implied guarantees, warranties, representations, statements, terms and conditions regarding the Site.
3. In particular, and without limiting paragraph (b), we shall not be responsible or liable for any damages due to:
   1. statements, errors or omissions on the site
   2. content infringing any third party rights
   3. viruses or other harmful components that may be transmitted to your computer
   4. your use of the Site being interrupted or any loss, corruption or interception of data sent to or from our Site which occurs outside of our computer systems
   5. linking to any other site, or
   6. any other matter regarding this Site and your use of it.
4. We recommend that you install and use up-to-date anti-virus, anti-spyware and firewall software on your computer.
5. Nothing in these terms of use excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any legislation which cannot lawfully be excluded or limited, including the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.
6. We will not be liable for any failure to delay in performing any of our obligations under these terms of use if such delay is caused by circumstances beyond that party’s reasonable control.
7. As a condition of using the Site, you agree to defend, indemnify and hold harmless Asahi Beverages and any other related party of Asahi Beverages from all damages, costs and expenses including reasonable legal fees and costs, arising out of:
   1. your use of, or activities in connection with, the Site
   2. any breach or violation of any of these Terms of Use
   3. any allegation that any material which you send to the Site or create through the Site infringes or otherwise violates the intellectual property, privacy, or other rights of a third party, or gives rise to a claim of libel or defamation, or
   4. any other matter regarding this Site and your use of it.
8. You agree to work in cooperation with us in the defence of any such matter. We reserve our rights to assume the exclusive defence and control of any matter (at your expense) subject to indemnification by you.

1. We control and operate the Site from Victoria, Australia. All matters relating to the Site are governed by the laws of Victoria, Australia, without reference to any conflict or choice of law principles.
2. You agree that any legal proceedings relating to the Site will be held in Victoria, Australia and these proceedings will be determined in accordance with Victorian law.
3. You also agree that the courts of Victoria are an appropriate forum to hear any legal proceeding in relation to the Site.
4. Please note that we do not warrant or imply that the Site or materials on it are appropriate for use outside of Australia. Information contained in the Site concerning products or services is applicable only in Australia.
5. If you are located outside of Australia, you are solely responsible for compliance with any applicable local laws.

1. If any part of these terms of use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
2. These terms of use constitute the entire agreement between us and you in relation to the Site and supersede any other communications or displays between us and you in relation to the Site.
3. The provisions of these terms of use which by their nature survive termination or expiry of these terms of use will survive termination or expiry of these terms of use
4. No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.
5. The word “including” when used in these terms of use is not a term of limitation.

Mail: Consumer Relations Centre, Private Bag 1, Tullamarine VIC 3043

Telephone Toll Free:
Australia: 1800 244 054
New Zealand: 0800 242 754

Email: consumerrelations@asahi.com.au

Date of last revision: 9 December 2015

I have read and agree to be bound by these Website terms of use.