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Website Terms Of Use - May 2012

These Terms of Use set out the terms on which you use the website of Asahi Beverages Pty Ltd "AB" or the AB Group (the “Site”). By accessing and using the Site, you accept that all of these Terms of Use apply. If you do not agree and accept that all of these Terms of Use apply to your use of the Site, please exit the Site immediately and refrain from using the Site in the future.

These Terms of Use should be read together with our Privacy Policy, which explains how we collect, use, disclose and manage your personal information.

1 Some useful definitions

In these Terms of Use:

- including means “including, but not limited to”

- AB means Asahi Beverages Pty Ltd ACN 004 243 994, of Level 5, 111 Cecil Street, South Melbourne, Victoria 3205, Australia

- AB Group means any direct or indirect parent, subsidiary, or sponsor or an “Associated Entity” of AB (as that term is defined under the Corporations Act 2001 (Cth).

2 Your use of the Site

The Site is for your personal entertainment, information and communication only. This means that all content provided on the Site is for your non-commercial use, and you may not distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes without the written permission of AB.

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 be a violation of any law (including encouraging any other person to violate any law).

Occasionally AB will post information to the Site which includes references to third parties which are not associated with or owned by AB or the AB Group. You may not use these parties’ likenesses, names, and/or properties without their express permission (to seek this permission you will need to contact these third parties directly).

Any personal information (for example your name, address, telephone number or e-mail address) you submit to the Site will be used by us in accordance with the Privacy Policy . Information which is not personal (including questions, comments or suggestions) will not be covered by the Privacy Policy.

3 Ownership of material on the Site

Ownership of intellectual property on the Site

We (or the AB Group) own or license from third parties all content on the Site. All content on the Site remains the sole property of the applicable content owner (i.e., AB, the AB Group, or the third parties from which we license the content) and is protected under all relevant copyright, trade mark, and other applicable laws.

AB takes the protection of intellectual property very seriously. Nothing on the Site should be taken to be a grant of any license or right to use or distribute Site content without our express written agreement (or the express written agreement of the other applicable content owners where relevant). Please be advised that AB or the AB Group, in their sole discretion, may take all actions to enforce its or the AB Group intellectual property rights to the fullest extent of the law.

Ownership of material you send to the Site

We (or any party we nominate) are entitled to use any or all material which you send to the Site for any purpose without providing you with any compensation. Please keep this in mind when you send any data, questions, comments, suggestions, ideas or other information, material or property to the Site.

4 Our rights

The Site is provided by AB (or the AB Group). We may review, edit or delete materials that any person sends to the Site, but we are not under an obligation to do this.

AB may cancel any registration(s) or account(s) on the Site at any time or remove any content you have sent or posted on the Site without giving any notice to you or any other person. AB may do this without any liability, and for any reason whatsoever.

We may change information on the Site, these Terms of Use and / or the Privacy Policy, at any time without notice. You should regularly review these Terms of Use and the Privacy Policy for any changes. Changes will be effective as soon as they are posted on the Site, and by continuing to use the Site, you agree to any changes. By providing continued access to the Site, we are providing you consideration for agreement to any changes.

5 What is AB liable for?

We try to make the Site and its contents as reliable as possible, but inaccuracies may occur. Because of this, regardless of anything else on the Site or in these Terms of Use, use of this Site is at your own risk.

The Site is provided to you on an “as is” basis, and to the fullest extent permitted by law AB and the AB Group disclaim any and all warranties regarding the Site, and shall not be responsible or liable for any damages due to:
- statements, errors or omissions on the site
- content infringing any third party rights
- viruses that may be transmitted to your computer
- any other matter regarding this Site and your use of it

6 What are you liable for?

AB, the AB Group, and any other related party of AB from all damages, costs and expenses including reasonable legal fees and costs, arising out of:
- your use of, or activities in connection with, the Site
- any breach or violation of any of these Terms of Use
- any allegation that any material which you send to the Site or create through the Site infringes or otherwise violates the intellectual property, privacy, or other rights of a third party, or gives rise to a claim of libel or defamation, or
- any other matter regarding this Site and your use of it

You agree to use your best efforts to work in cooperation with us in the defence of any such matter. We reserve our rights to assume the exclusive defence and control of any matter (at your expense) subject to indemnification by you.

7 Jurisdiction

We control and operate the Site from Victoria, Australia. All matters relating to the Site are governed by the laws of Victoria, Australia, without reference to any conflict or choice of law principles.

You agree that any legal proceedings relating to the Site will be held in Victoria, Australia and these proceedings will be determined in accordance with Victorian law. You also agree that the courts of Victoria are an appropriate forum to hear any legal proceeding in relation to the Site.

Please note that AB does not warrant or imply that the Site or materials on it are appropriate for use outside of Australia. Information contained in the Site concerning products or services is applicable only in Australia.

If you are located outside of Australia, you are solely responsible for compliance with any applicable local laws.

8 Contact us

Mail: Consumer Relations Centre, Private Bag 1, Tullamarine VIC 3043

Telephone Toll Free: 1800 244 054

Email: consumerrelations@schweppes.com.au