Terms & Conditions of website use
1. About Us
La Máscara Beverage Co. Pty Ltd is registered in Australia under company number ABN 11 168 715 179. Our registered office is L1, 31 Darby Street, NEWCASTLE 2300.
2. Social Responsibility
We are exceptionally proud of our high quality brands, products and marketing, hand in hand with a deep sense of responsibility and respect for the global communities that we serve and the individual consumers who enjoy our products. As part of our commitment to responsible marketing, we comply with the social responsibility policies established by DISCUS – the Distilled Spirits Council for the United States and spirits EUROPE – the European representative body for producers of spirit drinks, which set out the principles we maintain in all of our sales and marketing activities, including advertising and promotional programmes.
3. Accessing Our Site
4. Intellectual Property Rights
5. Acceptable Use
You may use our Site only for lawful purposes and we reserve the right, in our sole discretion, to terminate your use of the Site. You may not use our Site: In any way that breaches any applicable local, national or international law or regulation. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. For the purpose of harming or attempting to harm minors in any way. To send, knowingly receive, upload, download, use or re-use any Material which does not comply with our content standards below. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam). To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware (“Malicious Code”).
6. Interactive Services
We may from time to time provide interactive services on our Site including, without limitation, chat rooms and forums, bulletin boards, music mix rooms, image upload features, interactive drinks functionality and interactive club finder. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, whether it is moderated and what form of moderation is used (including whether it is human or technical). We will make reasonable efforts to assess any possible risks for users from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
7. Uploading Material To Our Site
Any material you upload to our Site will be considered non-confidential and non-proprietary, and unless otherwise agreed in writing between us, we have the right to use, copy, distribute and disclose to third parties any such material in whole or in part for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. You waive any moral rights in respect of any material you upload to our Site. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Site. We have the right to remove any material or posting you make on our Site if, in our sole opinion, such material does not comply with the content standards below.
8. Content Standards
Any and all material which you contribute to our Site must comply with the spirit of the following content standards as well as the letter. The standards apply to each part of any contribution as well as to its whole. Your contributions must: Be accurate (where they state facts). Be genuinely held (where they state opinions). Comply with applicable law in Australia,the UK, the US and in any country from which they are posted. Your contributions must not: Contain any material which is defamatory of any person. Contain any material which is obscene, offensive, hateful or inflammatory. Contain sexually explicit material. Harm, or attempt to harm, minors in any way. Encourage, condone, promote or glamorise under-age, excessive or irresponsible consumption of alcoholic beverages or drink driving. Be targeted at an under legal drinking age audience. Promote violence. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. Infringe any copyright, database right, trademark or other proprietary right of any other person. Be likely to deceive any person. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence. Promote any illegal or immoral activity. Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety. Be likely to harass, upset, embarrass, alarm or annoy any other person. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person. Give the impression that they emanate from us, if this is not the case. Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
9. Reliance On Information Posted
Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.
10. Our Site Changes Regularly
We aim to update our Site regularly, and may change the content at any time. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
11. Our Liability
The material displayed on our Site is provided “as is” and without any guarantees, conditions or warranties as to its accuracy, to the extent permitted by law, we and all other members of the La Máscara Beverage Co. Pty Ltd and our affiliates (the “La Máscara Beverage Co. ”) hereby expressly exclude and disclaim: Because some jurisdictions do not allow the exclusion or limitation of liability or damages, the La Máscara Beverage Co. ’s liability in such jurisdictions shall be limited to the fullest extent permitted by law. All conditions, representations, or warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose and other terms which might otherwise be implied by statute, common law or the law of equity. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
12. Information About You And Your Visits To Our Site And Events
13. Malicious Code, Hacking And Other Offences
You must not misuse our Site by knowingly introducing any Malicious Code. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. We will report any such activity by you to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack or Malicious Code that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
14. Linking To Our Site
You must not establish a link from any website to any page in our Site or frame our Site on any other site. Unless otherwise authorised in writing by us, you may not suggest any form of association, approval or endorsement of any website on our part. If you wish to make any use of Material on our Site other than that set out above, please address your request for the attention of our Digital Director at email@example.com.
15. Links From Our Site
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
17. Entire Agreement
18. Jurisdiction And Applicable Law
If you are located in the U.S., these terms are governed and construed in accordance with the laws of the State of Victoria and the commonwealth of Australia, excluding its conflicts of law rules, and any dispute arising out of or relating to these Terms and Conditions or your access or use of this Site will be subject to the exclusive jurisdiction of the courts located within the the state of Victoria ,Australia, and you hereby submit to the personal jurisdiction of such courts. We retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country.
20. Your Concerns
If you have any concerns about material which appears on our Site, please contact in writing for the attention of our Digital Director at firstname.lastname@example.org.
Version dated 24 April 2014