21 December 2014

TERMS AND CONDITIONS

Welcome to the BeefEater website (“Site”). Please read these terms carefully before using the Site. The Site may be used for informational purposes only. By using the Site or downloading materials from the Site, you agree to follow these terms and conditions and all of our terms, conditions and policies set out or otherwise referenced on the Site (Terms). If you do not agree to these Terms, please exit the Site. By accessing the Site, you indicate your agreement to be bound by these Terms.

AF Distributors owns the BeefEater brand and AF Distributors is the operator of the Site. AF Distributors uses “cookie” technology to enhance and facilitate your visit to the Site. The “cookie” files are sent to your computer and identify you as a unique user and store your personal preferences and technical information. We use:

(a) Permanent “cookies” (i.e., the cookies remain on your computer until you delete them); and

(b) Temporary “cookies” (i.e., the cookies last until you close your browser).

“Cookies” do not themselves contain or reveal any personal information. If you submit personal information via the Site, your information can be linked to the data stored in the cookies.

If you do not accept AF Distributors’s use of cookies you may change your browser settings so that the browser does not accept cookies (instructions on how to change your browser’s cookie settings should be found in the help section in your web browser). If you change the settings you will not be able to access certain parts of the Site.

Subject to these Terms, AF Distributors grants you a non-exclusive, non-transferable, limited right to access, use and display this Site for your personal, non-commercial use only. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.

AF Distributors authorizes you to view and/or download the information on the Site and any software made available through the Site (“Materials”) only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials or copies of the Materials and is subject to the following restrictions: 1) you must retain, on all copies of the Materials, all copyright and other proprietary notices contained in the Materials; 2) you may not copy or modify the Materials or any portion of the Site in any way or reproduce or publicly display, perform, transmit, reuse, repost, publish, licence, adapt, create derivative works, reverse engineer, decompile, disassemble, transfer, lease, sell, distribute or otherwise use or communicate the Materials or any portion of the Site for any public or commercial purpose; and 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. The Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of the Site and to prevent any unauthorized copying of the Materials. Except as expressly provided in these Terms, AF Distributors does not grant any express or implied right to you under any patents, designs, trademarks, copyrights or trade secret legislation.

You might be required to open an account to be able to access certain restricted parts of the Site. In such event you must complete the registration process by providing us with complete and accurate information as stated in the applicable registration form. You will also be required to choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify AF Distributors immediately of any unauthorized use of your account or any other breach of security. AF Distributors will not be liable for any loss that you may incur as a result of someone else using your password or account.

You represent and warrant that you will use the Site in compliance with these Terms including the laws and provisions under these Terms and to comply with all existing and future Site policies and rules. You agree that you will not use the Site to: (a) transmit spam or unsolicited communications; (b) pretend to be AF Distributors or someone else; (c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site; (d) misrepresent your affiliation with a person or entity; (e) act in a manner that negatively affects other users’ ability to use the Site; (f) engage in activities that would violate any applicable law, (g) post or transmit any material which violates or infringes in any way upon the rights of others or which is unlawful, abusive, defamatory, vulgar or otherwise objectionable or which contains any advertising or solicitation with respect to products or services; (h) collect or store personal data about other users unless specifically authorized by such users; or (i) not adhere to withdrawal of such authorization as described in (h). If you do not comply with these Terms, you may not use the Site and AF Distributors shall not be legally bound by these Terms and reserves all its legal rights in relation to such non-compliance.

You further agree to defend, indemnify and hold harmless AF Distributors, its affiliates or subsidiaries and any other party involved in creating, producing or delivering the Site and their respective officers, directors and agents from and against all claims and expenses, including attorney fees, arising out of your use of, or access to, the Site or the Materials, any breach of these Terms and any allegation that any user content that you make available or create through the Site infringes the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.

AF Distributors reserves the right to release your personal information or other information to your internet service provider or to any authorities or to take legal action if you conduct any illegal activities or otherwise breach these Terms.

AF Distributors reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms in whole or in part, at any time. Changes in these Terms will be effective when notice of such changes is posted on the Site. Your continued use of the Site after any changes to these Terms are posted will be considered acceptance of those changes. You should revisit the Site from time to time to review the terms by which you are bound. You are bound by the current Terms even if you do not revisit the Site.

AF Distributors may terminate, change, correct any errors or omissions in any portion of the Site, make any other changes to the Site, the Materials, the products, the product data, the product materials, programs, services or prices (if any) described in the Site, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time without notice.

AF Distributors may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. AF Distributors may terminate the authorization, rights and license given under these Terms at any time and, upon such termination, you shall immediately destroy all Materials.

You acknowledge that all intellectual property rights (including, but not limited to, copyright, patents, know-how, confidential information, database rights, and rights in trademarks and designs, whether registered or unregistered) in the Site and the Materials (including all text and images) are vested in AF Distributors or its licensors (Intellectual Property Rights). All goodwill and intellectual property rights arising through the use of the Intellectual Property Rights vested in AF Distributors or its licensors shall inure to AF Distributors or its licensors, as the case may be. Your use of the Intellectual Property Rights without the permission of AF Distributors is strictly prohibited, except as contemplated by these Terms.

The Privacy Policy associated with this Site protects any personal information you may provide to AF Distributors via the Site. Other than your personal information specifically requested on the Site, you should not send any confidential or proprietary information to AF Distributors via the Site. You agree that any non-personal information or materials that you or individuals acting on your behalf provide to AF Distributors will not be considered confidential or proprietary. By providing any such information or materials to AF Distributors, you fully assign and transfer to AF Distributors all intellectual property rights in and to such information and materials and AF Distributors is thereby free to use, reproduce, display, publicly perform, transmit, distribute, modify assign, and license such information and materials, and you further agree that AF Distributors is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to AF Distributors. You further warrant that you shall not provide any information or materials to AF Distributors that are defamatory, threatening, obscene, harassing, or otherwise unlawful under whatever applicable law, or that incorporates the proprietary material of another. AF Distributors reserves the right to, in its sole discretion, remove any information provided by you from the Site.

You may not: (a) use any device or software capable of interfering with the operation of the Site; or (b) take any action, which imposes a disproportionately large or unreasonable load upon the infrastructure of the Site (such as sending mass emails – “spamming”); or (c) interfere or tamper with the software or functionality of the Site. This includes putting material on the Site, which is infected with viruses, trojan horses, time bombs or other elements that may damage or interfere with the programming structure of the Site.

AF Distributors does not undertake to monitor or review third party site content nor is AF Distributors responsible for the accuracy or reliability of any such third party websites. Furthermore, AF Distributors may provide on the Site links to websites operated by other entities. If you use these websites, you will leave the Site. If you visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. AF Distributors makes no warranty or representation regarding any linked websites or the information appearing on any linked websites or any of the products or services described on any linked websites. Links do not imply that AF Distributors or the Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of AF Distributors or any of its affiliates or subsidiaries.

Although care has been taken to ensure the accuracy of the Materials, the Materials may contain inaccuracies and typographical errors. To the extent permitted by law, AF Distributors does not warrant the accuracy or completeness of the Materials or the reliability of any advice, opinion, statement, memorandum or other information displayed or distributed through the Site and you acknowledge that any reliance on any such opinion, advice, statement, memorandum or information shall be at your sole risk. All content is provided “as is” and “as available”. To the extent permitted by law, AF Distributors expressly disclaims any representations or warranties of any kind, express or implied, including without limitation warranties of merchantability or fitness for a particular purpose, non-infringement, or as to the operation of the Site or the Materials. AF Distributors does not warrant or make any representations as to the security of the Site. You acknowledge any information sent may be intercepted. AF Distributors does not warrant that the Site or the servers which make the Site will be available or that electronic communications sent by AF Distributors, the Site or the Materials are free from viruses or any other harmful elements. All such representations, warranties and conditions are excluded except to the extent that the law prohibits their exclusion. Notwithstanding anything else in these Terms, AF Distributors does not exclude any warranties or conditions that cannot be excluded by law.

To the extent permitted by law, in no event shall AF Distributors be liable for any direct, indirect, consequential, punitive, special or incidental damages (including, without limitation, damages for loss of business, contract, revenue, data, information or business interruption) resulting from, arising out of or in connection with the use of, or inability to use the Site or the Materials or out of or in connection with these Terms, even if AF Distributors has been advised of the possibility of such damages. In addition to these Terms, to the extent permitted by law, in no event shall AF Distributors be liable for any errors, inaccuracies, omissions or other defects or untimeliness or unauthenticity of any information contained on the Site.

Without prejudice to the limitation of AF Distributors’s liability under these Terms, you shall take all reasonable steps to mitigate your loss arising in relation to any claim or action (whether for negligence, breach of contract or otherwise), which you may bring against AF Distributors.

All references to “writing”, “notices”, and “notification” and all related expressions shall cover electronic methods of communication (for instance, e-mail) provided that the party relying on the communication retains acceptable evidence that the communication was sent and received.

If AF Distributors does not comply with its undertakings under these Terms, it shall either correct the non-compliance or, at its option, terminate the agreement created by your acceptance of these Terms by prior notice, posted on the Site, to you. To the maximum extent permitted by law, this clause expresses your sole and exclusive remedy in relation to non-compliance by AF Distributors.

These Terms constitute the entire agreement between AF Distributors and you with respect to your use of the Site. To the extent permitted by law, any cause of action you may have with respect to your use of the Site or the Materials must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms or any portion of these Terms, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.

Except as expressly provided in these Terms, a person who is not a party to these Terms may not enforce any of its terms.

The Site is controlled, operated and administered by AF Distributors from its offices in the USA. AF Distributors makes no representation that the Materials are appropriate or available for use at other locations outside of USA and access to them from territories where their contents are illegal is prohibited. If you access the Site from locations outside of USA, you are responsible for compliance with all local laws.