Terms of Use

COMPANY: Schweppes Australia Pty Ltd (the "Company" or "we") A.B.N. 51 004 243 994
COMPANY LOCATION: Level 5, 111 Cecil Street, South Melbourne VIC 3205
JURISDICTION: State of Victoria, Australia
CONTACT US:
Mail: Consumer Relations Centre, Private Bag 1, Tullamarine VIC 3043
Telephone Toll free: 1800 244 054
Email: consumerrelations@schweppes.com.au

CONDITIONAL USE OF THIS SITE. Your access to and use of this website and its contents (the “Site”) is subject to the terms and conditions of these Terms of Use (“Terms of Use” or “Terms”), and all applicable laws. By accessing and using this Site, you (the “User” or “you”) accept and agree to these without any limitation or qualification.

GENERAL RESTRICTIONS.

·                 You may use this Site for your own personal, non-commercial, informational or entertainment purposes only.

·                 You may not copy, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, modify, broadcast or distribute any Site Content in any way, including for any public or commercial purpose whatsoever, without our prior written permission.

·                 You may not use any third parties' likenesses, names, and/or properties without their express permission.

·                 You may not send any material to the Site that is unlawful, harmful (including any virus), threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent or profane or that could constitute or encourage a violation of any law.

·                 We may review, edit or delete materials you or others send to this Site, but are not obligated to do so.

·                 We may cancel any registration(s) or account(s) on the Site at any time or remove from the Site any content you have sent to or posted on the Site, without notice or liability, for any reason, including if technical problems, irregularities or misuse occurs.

OWNERSHIP OF MATERIAL YOU SEND. Any material you send to this Site will be deemed non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas or other information, material or property. We (or our designees) will be entitled to use any or all of it for any purpose, WITHOUT COMPENSATION TO YOU, including for reproduction, disclosure, transmission, publication, broadcast and posting.

WAIVER. We try to make the site and its contents reliable, but inaccuracies may occur. Therefore, regardless of anything else on the Site or in these Terms:

·                 USE OF THE SITE IS AT YOUR OWN RISK;

·                 THE SITE IS PROVIDED TO YOU "AS IS"; AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR RELATED PARTIES DISCLAIM ALL WARRANTIES REGARDING THE SITE, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES DUE TO:

·                 STATEMENTS, ERRORS OR OMISSIONS IN THE SITE;

·                 CONTENT INFRINGING ANY THIRD PARTY'S RIGHTS;

·                 VIRUSES THAT MAY BE TRANSMITTED TO YOUR COMPUTER;

·                 LINKING TO ANY OTHER SITE OR ITS NATURE OR CONTENTS; OR

·                 ANY OTHER MATTER REGARDING THIS SITE AND YOUR USE OF IT.

INDEMNIFICATION:

BY USING THIS SITE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND OUR RELATED PARTIES FROM ALL DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE LEGAL FEES AND COSTS, ARISING OUT OF ANY OF THE FOLLOWING:

·                 ANY CLAIMS FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, LIBEL, DEFAMATION RELATING TO ANY MATERIALS YOU SEND TO THE SITE;

·                 ANY ACTIVITY RELATING TO YOUR INTERNET ACCOUNT, INCLUDING NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR ANYONE USING THE SITE THROUGH YOUR INTERNET ACCOUNT;

·                 YOUR BREACH OF ANY PROVISION OF THESE TERMS;

·                 ANY OTHER MATTER REGARDING THIS SITE AND YOUR USE OF IT.

You agree to use best efforts to cooperate with us in the defence of any such matter. We reserve the right, at your expense, to assume the exclusive defence and control of any matter subject to indemnification by you.

OTHER SITES. This Site may contain links to other websites that we do not own or operate. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies. Downloading material from certain sites may risk infringing intellectual property rights or introducing viruses into your system. You should note this when you leave this Site and read the privacy policies and terms of these other sites. You should also independently assess the authenticity of any website which appears or claims that it is one of our sites (including those linked to through an email).

INTELLECTUAL PROPERTY. We (or our associated or affiliated companies or third parties who have licensed its brands to Company or contributed to this Site) ("Content Owner") own or license from third parties all Site Content. All Site Content remains the sole property of the applicable Content Owner and is protected under all relevant Copyright, Trademark and other applicable laws. Nothing on the Site should be construed as granting any license or rights to use or distribute any Site Content, without our express written agreement or of the other applicable Content Owner.

PRIVACY POLICY. We respect concerns about the privacy of your personal information. Please review our Privacy Policy for how we collect, use, disclose and manage your personal information.  Your access to and use of this Site and its contents is subject to the terms and conditions of our Privacy Policy, and all applicable laws.  By accessing and using this Site, you accept and agree to these without any limitation or qualification.

In addition to the Privacy Policy, the following terms and conditions apply to users of this Site:

·                 Collection of personal information: We collect personal information about you through this website only when you voluntarily submit it.  This may be when you register on the website, request information, submit comments or participate in some game, promotion, survey or other feature of the website.  Providing personal information is up to you.  If you do not want your personal information collected, please do not submit it.  If you choose not to give personal information to us, we may not be able to provide you with access to some or all of the pages on this Site or our other products and services;

·                 Use of your personal information:  We may use your personal information as follows:

·                 to respond to your questions and requests, to provide you with access to certain areas and features and to communicate with you about your activities on this website;

·                 to share it with our Related Parties as required to perform functions on our behalf in connection with the Site (such as delivery of merchandise, administration of the website or promotions or other features on it, marketing, data analysis or customer services).  To do so, it may be necessary for us to transmit your personal information to outside the above Jurisdiction and you agree to this transfer.  Further use or disclosure of the information by them for other purposes is not permitted;

·                 to provide you with product information or promotional and other offers from us or our Related Parties.  However, at the point of collection of your information we will provide you either an “opt in” or “opt-out” mechanism depending on the requirements of the Site's Jurisdiction and the Site.

·                An “opt-in” mechanism will provide you the opportunity to positively indicate that you would like or do not object to our sending you such further communications and we will not send you any unless you have “opted-in”.

·                An “opt-out” mechanism will provide you the opportunity to indicate that you do not want us to send you such further communications, and if you “opt-out” we will not send you any. 

·                Either way, opting-in or opting-out will be up to you and, in addition, if you do not want us to use your personal information for a particular purpose or disclose it to a third party, you may “opt out” at any time by contacting us as provided above.  Specific opt-outs may also be provided at the point of collection or along with the communications to you. Please note though, by opting-out, you may not be able to participate in certain activities on the Site;

·                 for other purposes set out when your information is collected or in any additional terms and conditions applicable to the particular feature of the Site; and

·                 in an emergency to protect the health or safety of Site users or the general public or in the interests of national security.

Except as provided herein or in our Privacy Policy, we will not provide any of your personal information to any third parties without your specific consent.

·                 Children: We take the protection of children's privacy seriously.  We operate this website in compliance with all applicable laws in the above Jurisdiction.  Children under the age referred to below for the appropriate Jurisdiction for the Site should have a parent/guardian's consent before providing any personal information to the Site.  We will not, as provided by applicable law, require or request children under this age to provide more personal information than is reasonably necessary to participate in the applicable activity on the Site.  If we determine upon collection that a user is under this age, we will not use or maintain his/her personal information without the parent/guardian’s consent.  Without such consent, though, the child may not be able to participate in certain activities.  However, in certain circumstances, we may maintain and use such information (in accordance with the rest of the Privacy Policy and applicable law) in order to notify and obtain consent from the parent/guardian and for certain safety, security, liability and other purposes permitted under applicable law.  A parent/ guardian can review, remove, change or refuse further collection or use of their child’s personal information by contacting us as provided above (include child’s name, address and e-mail address). 

·                 Site Applicable Age: United States and Australia: Under 13 years of age.  All other jurisdictions: Under 8 years of age.

·                 Collection of additional information:  Occasionally, when you connect to our Site we may use “cookie” technology and IP addresses to automatically collect certain technical non-personally identifiable information.  This might include your type of Internet Browser or computer, the domain name of your Internet Service Provider, number of page visits and the character and duration of such visits. We also track the number of visitors to our Site in an aggregate form.  Personally identifiable information is not extracted in this process.  This information helps us keep our website fresh and interesting to our visitors and tailor content to a visitor's interests.  We may disclose certain non-personally identifiable information to potential partners, advertisers (who may use this information to provide advertisements tailored to your interests) or other third parties, but we will not disclose any personally identifiable information, except as provided in the Privacy Policy.  Also, we may allow third parties that serve advertisements on our Site (including our promotion partners) to place and access cookies on your computer, but they will not be able to access our cookies.  The use of cookies by such third parties are not subject to our Privacy Policy, but are subject to their own respective privacy policies.  You may set your computer browser to disable cookies or to alert you when cookies are being sent.  If you disable cookies, we may be unable to optimise your visit to our website and certain features may not be available.

·                 Security of your information:  We use certain reasonable security measures to help protect information you send to this Site.  However, we cannot guarantee the security of such information.  To the fullest extent permitted by law, we disclaim all liability and responsibility for any Damages you may suffer due to any loss, unauthorized access, misuse or alteration of any information you submit to this website.

·                 Jurisdiction. We control and operate the Site from the above Company Location (regardless of where hosting servers are located).  All matters relating to the Site are governed by the laws of the above Jurisdiction, without reference to conflict or choice of law principles.  You agree that jurisdiction and venue for any legal proceeding relating to the Site shall be in appropriate courts located in the above Jurisdiction.  We do not warrant or imply that the Site or materials on it are appropriate for use outside of the above Country.  The information set forth in this site concerning any products or services is applicable only in the Jurisdiction, and these products or services may not be available in all locations.  If you are located outside of this Country, you are solely responsible for compliance with any applicable local laws.

·                 Transfer of assets. During the course of our business, we may sell or purchase assets.  If another entity acquires us or all or substantially all of our assets, personally and non-personally identifiable information we have collected about the users of the Site may be transferred to such entity and used by that entity for the purposes set out in the Privacy Policy.  Also, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be sold or transferred to third parties.

·                 Severability. If for any reason, any provision herein is found void or unenforceable, it will be severed to the extent void or unenforceable and the remaining provisions will continue in full force and effect.

DEFINITIONS/INTERPRETATION.  As used herein:

·       “Damages” means any and all direct, special, indirect, consequential or punitive loss or other damages of any kind (whether in contract, including fundamental breach, tort, including negligence, or otherwise).

·       “including” means “including, but not limited to”.

·       “materials sent to the Site” (and “materials you send to the Site” and other like terms) means anything emailed, uploaded, posted or otherwise transmitted or sent to the Site (whether information, text, material, data or code or other) by you or another user.

·       “Related Parties” means other Schweppes companies, Site Developers and other promotional partners.

·       “Site Developer” means any party involved in creating, producing, delivering or maintaining the Site.

·       “use of this Site” (and “using” and other like terms) means
“any and all use of the Site of any kind whatsoever, including access to, browsing of, reviewing, posting of, transmitting, reviewing, downloading, and other using the Site or any material on the Site.”

Please note, we may change information on this Site and/or the Privacy Policy, at any time without notice. You should regularly review the Privacy Policy for any changes.  Any changes will be effective immediately upon the posting of the revised Privacy Policy on this Site. By continuing to use the site, you agree to any changes, and by providing continued access to the Site we are providing you consideration for agreement to such changes.