Aperol Website Terms and Conditions

Please read the Terms and Conditions of this website carefully as any use of the website by you constitutes acceptance of the Terms and Conditions set out below.
Details

Brand(s): means APEROL or APEROL SPRITZ

“we”, “us”, “our” and “Brand(s)”: means Campari Australia Pty Ltd (ABN 72 137 554 726) of Level 10, 207 Pacific Highway, St Leonards, NSW 2065, phone 1800 856 939 or its related bodies corporate.

Intended Use

This website is intended to be used and accessed by people who are of legal age to purchase and consume alcohol. If you are of legal age in your country of residence and the country from which you are accessing this Site, please continue. If you are not, please exit this Site immediately.

Website Security

Information sent by you to us through this website is not encrypted. We do not guarantee the security of the content of any such information. It is your responsibility to satisfy yourself as to whether our security measures are sufficient for your requirements.

Accuracy, completeness and timeliness of information

We are not responsible if the information that we make available on this website is not accurate or complete. Any reliance upon the material on this website shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and the information contained on this website.

Transmission

a.) Any non-personal communication or material you transmit to this website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, or will be treated as, non-confidential and non-proprietary.

b.) Anything you transmit or post becomes the property of the Brand and may be used for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting without further reference or payment to you.

c.) Furthermore, the Brand is free to use for any purposes whatsoever (including but not limited to the developing, manufacturing, advertising and marketing of products) any ideas, artwork, inventions, developments, suggestions or concepts contained in any communication you send to this website. Any such use is without reference or compensation to you.

d.) By submitting information, you are also warranting that you own the material/content submitted, that it is not defamatory and that the Brand’s use will not violate any third party’s rights. We are under no obligation to use the information submitted.

Intellectual property rights

a.) Unless otherwise indicated, all copyright and other intellectual property rights in all information, data, text, graphics, images, logos, trademarks and other materials on this website are the property of the Brand or are included with the permission of the relevant owner.

b.) Except as expressly prohibited in relation to particular content, you are permitted to browse this website, reproduce extracts by way of printing, downloading to a hard disk or for the purposes of distribution to other individuals. This is only to be done on the proviso that you keep intact all copyright and other proprietary notices. No reproduction of any part of this website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or website.

c.) You must not use any trade marks or logos which appear or are used on this website, nor do anything to prejudice the rights of the owner or licensee of such trademarks or logos. Nothing contained on this website should be construed as granting any licence or right to use any trade mark displayed on this website.

d.) Your use/misuse of the trade marks displayed on this website, or on any other content on this website, except as provided for in these Terms and Conditions, is strictly prohibited. The Brand reserves all its rights to enforce its intellectual property rights to the fullest extent of the law.

Linking Policy

This website may provide, as a convenience to you, links to sites owned or operated by parties other than us. Each link to a website has its own terms and conditions of use, as described in that site’s legal notice/terms of use. Those terms and conditions may be different than these Terms of Use, and we urge you to read each website’s legal notice/terms of use carefully before you use that site. The Brand does not control, and is not responsible for the availability, content or security of these external sites, nor your experience interacting or using these external sites. We do not endorse the content, or any products or services available, on such sites. If you link to such sites you do so at your own risk.

Warranties and Disclaimers

Your use of this website is exclusively at your own risk. This website is provided to you on an “As Is” and “As Available” basis and, consequently, to the maximum extent permitted by law, the Brand gives no warranties of any kind, whether express, implied, statutory or otherwise (including the implied warranties of merchantability and fitness for a particular purpose) including warranties or representations that material on this website will be complete, accurate, reliable, timely, non-infringing to third parties; and that access to this website will be un-interrupted or error-free; and that this website will be secure; and that any advice or opinion obtained from the Brand through this website is accurate or to be relied upon and any representations or warranties thereto are expressly disclaimed.

Liability

a.) To the extent permitted by law, we, including any of our subsidiary companies and each of our respective officers, employees, agents, contractors, or agents, will not be liable or accept any responsibility whatsoever for any direct, incidental, consequential, indirect or punitive damages, costs, losses, claims, expenses or liabilities whatsoever arising out of or relating to your access to, use, inability to use, change in content of this website or arising from any other website you access through a link from this website or from any actions we take or fail to take as a result of any electronic correspondence or messages you send us, or your reliance upon information contained upon this website.

b.) To the extent permitted by law, the Brand does not accept any responsibility to maintain the material and services made available on this website or to supply any corrections, updates, or releases in connection therewith. Any material on this website is subject to change without notice.

c.) Further, the Brand shall have no liability or any responsibility whatsoever for any loss suffered caused (whether negligently or otherwise) by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from this website. If you choose to download material from this website you do so at your own risk.

d.) Certain legislation may imply warranties, terms or conditions which cannot be excluded, restricted or modified. If those statutory provisions apply, to the extent to which the Brand is entitled to do so, its liability will be limited at its option to (a) in the case of services, the lowest of the cost of supplying the services again and having the services supplied; and (b) in the case of goods, the lowest of the cost of replacing the goods, obtaining equivalent goods or having the goods repaired.

Prohibited Activity

You are prohibited from doing any act that the Brand, in its reasonable discretion, may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws, ordinances, rules, regulations, codes and codes of all regulatory bodies applicable to this website.

Cookies

Cookies are data files stored on your computer after you access certain websites. Cookies are primarily used to identify visitors when they return to a site, so that certain information already provided by the visitor to a site is not required to be provided again. Cookies are also used to gather data on which areas of a site are visited frequently and which are not. Keeping data on which areas of a site are most popular allows a site operator to better plan and enhance the site. Cookies are useful, and are used by us in this manner. We acknowledge that some users may wish to disable cookies. This can be done by changing your web browser settings. To find out more about cookies, visit an appropriate web site, such as Cookie Central.

IP Address

The Brand’s web servers gather your IP address to help diagnose problems with our service, to administer our website, and to gather broad user information (for example, which areas of our website are visited most frequently). Such user information is gathered in aggregate only and cannot be traced to an individual user.

Termination

We reserve the right to restrict or terminate your access to this website or any feature of this website or any feature or part thereof at any time. Any indemnities given by you and limitations on our liability will survive such termination. Any termination of your right to use or access any part of this website will not affect any rights which have accrued to or have been accrued by either you or us prior to termination.

Legal notice update

We reserve the right to make any changes and corrections to this notice. Please refer to this page from time to time to review these and new additional information. If any provision of these Terms and Conditions is held void, unenforceable or illegal, that provision will be severed, and the rest of these Terms and Conditions will have full force and effect.

Privacy

Any personal information or material sent to our websites are subject to our privacy policy. The privacy policy forms a part of these Terms and Conditions.

Governing Law

You and the Brand agree that any claim arising from or pertaining to the use of this website shall be governed by the laws of New South Wales. You submit to the non-exclusive jurisdiction of the courts of New South Wales

Enjoy Responsibly

The Brand Owner encourages consumers to enjoy liquor responsibly. Consumers of legal drinking age are advised to consider the safe drinking levels recommended in the National Health & Medical Research Council Australian Alcohol Guidelines (available at www.nhmrc.gov.au).


Agreement to assign user submissions to brand owner

User Submissions

Means any content or materials (including, without limitation, any photographs, videos, designs, comments, images, text, etc.) uploaded to your social media accounts including tagged with a Brand(s) hashtag.

Consent

means:

(a) any User Submissions tagged with a Yes# hashtag together with the Brand(s)# hashtag (or any other applicable prescribed hashtag or response); or

(b) a response you have provided to the Brand Owner by way of direct messaging via your social media account agreeing to the Brands use of the User Submissions.

Age Confirmation 25y.o or over

You represent and warrant that you and any other person featured in the User Submissions are aged 25 years or over and have consented to their image appearing in any Brand(s) advertising and marketing communications.

User Submission Assignment

1. You acknowledge and agree that you:

(a) have provided Consent to the Brand Owner; and

(b) agree to assign all right, title and interest in the User Submissions to the Brand Owner; and

(c) confirm that you are entitled to provide the Brand Owner with the rights set out in (a) above, that the User Submissions are and will be the result of your original creative effort (ie they are not copied from others), and that we are entitled to use the User Submissions to market or sell our products without infringing the rights of others.

2. In relation to any moral rights, you authorise the Brand Owner, our successors, assigns and licensees to use or deal with any copyright work which forms part of the User Submissions, without attribution to you as author, or by attributing authorship to another person and to use, deal with, modify, adapt, distort, display, abridge, revise, destroy, relocate, translate to other formats or media or combine with other works or items, the copyright work to the extent permitted by law.

3. You agree to execute all documents and do all things (if necessary) to effect the intention of sections 1 and 2 above.

Privacy

1. Brand Owner will collect, use and disclose your personal information in conducting the Promotion in accordance with its Privacy Policy on this page. The Brand Owner may also use your personal information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages to, or telephoning, you.

2. You consent to the Brand Owner using your name, likeness, image and/or voice in the event the User Submissions are used by the Brand Owner (including photograph, film and/or recording of same) in any media for an unlimited period without remuneration for the purpose of promoting the Brands and any other product owned by the Brand Owner.

Miscellaneous

The Brand Owner encourages consumers to enjoy liquor responsibly. Consumers of legal drinking age are advised to consider the safe drinking levels recommended in the National Health & Medical Research Council Australian Alcohol Guidelines (available at www.nhmrc.gov.au).

ARE YOU OF LEGAL DRINKING AGE?

Date of birth

APEROL SPRITZ SOCIAL
EVENTS REGISTRATION

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