This web site and its contents ("Web Site") is owned and operated
by Suntory (Aust.) Pty. Ltd. ACN 001 628 780 of 34 Rosebery Avenue, Rosebery,
NSW, Australia 2018 ("SUNTORY"). The use of this Site is governed
by the following terms and conditions, as amended from time to time (the "Terms
and Conditions"). By using this Web Site you
acknowledge that you have read and understood these Terms and Conditions
and agree to be bound by them. If you do not agree with these Terms and
Conditions (including any amendments to them) you should immediately cease
using the Web Site.
YOU MAY ONLY ENTER AND USE THE WEB SITE IF YOU ARE AGED
18 YEARS OR OVER OR OTHERWISE OF LEGAL DRINKING AGE IN YOUR RELEVANT JURISDICTION.
YOU MUST IMMEDIATELY EXIT THE WEB SITE IF YOU DO NOT MEET THESE REQUIREMENTS.
As the Terms and Conditions may be updated from time to time
as the Web Site and its content develops and matures, we encourage you to
check this document regularly.
The Web Site is subject to copyright under Australian law and, under international
treaties, the laws of many other countries. Unless otherwise indicated,
the copyright is owned by SUNTORY, which reserve all rights. Except for
the direct purpose of viewing, accessing or interacting with the Web Site
for your own personal use or as otherwise indicated on the Web Site or these
Terms and Conditions, you must not copy, communicate to the public, adapt,
transfer, distribute or store any of the contents of the Web Site, or incorporate
any part of the Web Site into another web site without SUNTORY's consent.
The Web Site also includes registered and unregistered trade
marks, including MIDORI, MIDORI ILLUSION, CLUB MIDORI, and ULTRA POURwhich
are owned by SUNTORY Limited, Suntory's parent company. All other trade
marks displayed on the Web Site are trademarks of their respective owners.
Except to the extent that it is expressly indicated to the contrary, your
access to or use of this Web Site does not constitute or create a licence
or any other right to use the name, trade dress, trade marks, copyrights
or any other intellectual property of SUNTORY or any other party contained
on the Web Site.
From time to time certain software and related digital materials may be
expressly made available by SUNTORY for downloading from the Web Site. Unless
those software or materials are expressed to be pursuant to specific conditions
(in which case those conditions will apply), we grant to you a personal,
non-transferable, and non-exclusive licence to use the relevant software
or materials for your own private use, provided that you do not copy, communicate
to the public, modify, reverse engineer, or otherwise transfer or purport
to transfer any right in them, and provided also that you ensure that all
copies of such software and materials retain any copyright or other intellectual
property notices. Except as otherwise provided for in the terms of any express
licence agreement, SUNTORY, neither its parent company, affiliated companies
nor Suntory's affiliates give no warranties (either express or implied)
as to the completeness, accuracy or reliability of such software or materials,
and they are downloaded and used by you entirely at your own risk.
Certain parts of the Web Site may contain competitions or promotions from
SUNTORY or third parties. The terms and conditions for those competitions
and promotions will be specified on the relevant part of the Web Site from
time to time. By entering or participating in the relevant competition or
promotion you agree to be bound by the relevant terms and conditions. Notwithstanding
any specific terms and conditions, SUNTORY specifically retains the rights,
at any time and without notice, to remove, alter or add to competitions
or promotions on the Web Site without any liability to you. All competitions
and promotions are only open to persons located in Australia who aged 18
years or over, and prizes will not be awarded to people who do not meet
this requirement at the time of entry.
SUNTORY assumes no responsibility and accepts no liability for the condition
or content of third party web sites that may be linked to or accessed from
the web site. Except as SUNTORY may specifically direct otherwise, SUNTORY
does not authorise the content of those third party web sites. The Web Site
may also contain third party advertisements which contain embedded hyper-links
to web sites operated by third parties. The placement of third party advertisements
on this Web Site does not necessarily constitute the recommendation or endorsement
of SUNTORY for such goods or services. The third party advertiser is solely
responsible to you for any representations or offers made by it, and for
any goods or services which you agree to purchase from those third parties.
The Web Site and its entire contents are provided on an "as is"
basis. Neither SUNTORY, its parent company, affiliated companies nor its
directors or employees give or make any representation or warranty (either
express or implied) as to the completeness, accuracy, reliability or availability
of the Web Site or its contents. You should be aware that information current
to a particular time or date as placed on the Web Site does not mean that
more recent information of the relevant type does not exist, or is not available
through other means, or that circumstances have not changed, such that the
information does not reflect the state of affairs at any subsequent time.
Further, for various reasons, substantial delays may occur before particular
information on this Web Site is updated.
SUNTORY and its officers, employees, agents, contractors or agents shall
not be liable for any loss, damage, claim, expense, cost (including legal
costs) or liability arising from your use or non use of the Web Site (including
the downloading of any materials or the purchase or attempted purchase of
any products), or your reliance upon information contained upon it (whether
arising from SUNTORY's negligence or otherwise). Where any Act of Parliament
implies any term, condition, representation or warranty into the contents
of this Web Site or your use of or access to the Web Site (including downloading
of any materials or the purchase or attempted purchase of products from
the Web Site), and that Act prohibits exclusion of that term, condition,
representation or warranty, then that term, condition, representation or
warranty is included. If so, and to the extent permitted by the Act, SUNTORY's
liability for any breach of such term, condition, representation or warranty
is limited to the supplying of the relevant good or services again, as SUNTORY
may choose.
You agree to indemnify and keep indemnified SUNTORY, its parent and affiliated
companies and their officers, employees, agents and contractors in respect
of any claim, liability, loss, damage, cost (including legal cost) or expense
which Indemnitee may suffer or incur as a direct or indirect result of your
willful or negligent act or omission with respect to the Web Site (or any
part of it) or your breach of these Terms and Conditions.
SUNTORY reserves the right to revise the content of, amend links from, or
withdraw access to the Web Site at any time without notice. Your membership
of the Web Site, your ability to participate in all or certain parts of
the Web Site, or your ability to access the Web Site may be terminated at
any time without notice, and without any liability to SUNTORY. Any indemnities
given by you and limitations on SUNTORY's liability will survive such termination.
A right relating to these Terms and Conditions may only be waived by SUNTORY
in writing. These Terms and Conditions are governed by and construed in
accordance with the laws of New South Wales, Australia. By using the Web
Site you irrevocably and unconditionally submit to the non-exclusive jurisdiction
of the courts of New South Wales. If any provision of these Terms and Conditions
are found to be invalid or unenforceable by a Court of Law, such invalidity
or unenforceability will not affect the remaining provisions, which will
continue in full force and effect. SUNTORY's failure to exercise or enforce
any rights or any provision of these Terms and Conditions will not constitute
a waiver of such right or provision unless acknowledged and agreed to by
SUNTORY in writing.
Suntory reserves the right to allocate and terminate memberships in its
absolute discretion. Termination will occur in the event of a member opting
out of future club communications. Members have the opportunity to opt out
of future communication by emailing the words OPT OUT to club@suntory.com.au
. Termination may also occur in the event of a career change away from the
bartending trade. Termination may also occur in the event of entering false
or misleading information on the club application form. Suntory accepts
no responsibility for late, lost or misdirected mail or other correspondence.
It is the member’s responsibility to ensure that their contact details
are correct. Suntory follows all aspects of Responsible Service of Alcohol
at all Suntory events and functions. Suntory does not condone members acting
irresponsibly while under the influence of alcohol. Club Suntory prizes
are not transferable or exchangeable and cannot be taken as cash. Suntory
reserves the right to change promotions or competitions without prior notice.
All decisions made by Suntory (Aust) are final.
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