1. INTRODUCTION AND ACCEPTANCE OF TERMS
All references to "Diageo", "we", "us" and "our" in
these terms and conditions are deemed to refer to Diageo South
Africa (Pty) Ltd, a private company with limited liability incorporated
in South Africa, registration number 1964/003344/07. All references
to "you" are deemed to refer to any subscriber, user
or visitor of this website.
By accessing this website, providing your information and/or
using the services on this website, you acknowledge the terms
and conditions contained herein and agree to comply with them.
We may update these terms and conditions from time to time without
notice to you, and therefore you are encouraged to check them
regularly as you will be bound by such terms and conditions.
These terms and conditions constitute the entire agreement between
Diageo and you relating to the usage of this website.
2. RESTRICTION ON USAGE
The trade marks, content, editorial, copy, software, illustrations
and graphics found on this website are for your information
only, and may not be reproduced, used or distributed in any
way whatsoever without the prior written consent of Diageo.
No website may be linked to this website or any pages hereof
without the prior written consent of Diageo. This website or
any page hereof may not be framed in any way whatsoever.
3. INTELLECTUAL PROPERTY
This Website may contain trademarks, service marks, design marks,
patents, copyrights, database rights and all other intellectual
property furnished by Diageo, its licensors and other users. This
Website and all its parts and the set-up and appearance of
this Website is also protected by copyright and may accordingly
not be used, reproduced, duplicated, copied, sold or otherwise
exploited for any purpose other than for the purposes of utilising
this site and its services. The copyright and all other intellectual
property rights in this Website are and remain vested in, or
are licensed to Diageo or its third party licensors and may
not be infringed.
3.1 No person other than the rightful owner or licensee of any
copyright and other intellectual property rights may:
3.1.1 distribute, modify, transmit, re-use, re-post, or use any
or all of the information on this site for any purpose other
than as set out above nor for public or commercial purposes without
Diageo's, or the relevant licensee's, prior written permission;
3.1.2 display, publish, copy, print, post or otherwise use the
Diageo website services and the information contained therein
for the benefit of any other website without Diageo's, or the
relevant licensee's, prior written permission; and
3.2 Diageo respects the intellectual property rights of others
and obliges our users to do the same.
4. PRIVACY PROTECTION
You may choose the personal information you wish to provide to
us, in which event you agree to provide accurate and current
information, and not to impersonate or misrepresent any person
or entity or falsely state or otherwise misrepresent your affiliation
with anyone or anything. We do not intend to collect personal
information from any individuals under the legal purchase age
or market alcoholic beverages to anyone under the legal purchase
age.
Any personal information that we collect about you will be used
in the following ways only:
4.1 internal marketing purposes: marketing analysis, measurement
of traffic to and use of the website;
4.2 transactional purposes: communications with you in response
to your queries and requests;
4.3 sale and transfer: in the event of a sale, we may transfer,
sell or assign to a party to such transaction the personal information
you have provided to us;
4.4 administration and data management: disclosure to third parties
required to perform services for us, under confidentiality obligations;
4.5 legal purposes: where we are required to disclose by law
or we believe such action is necessary in order to protect or
defend our interests or the interests of our clients or users
of this website; and
4.6 compilation of our database to produce statistics of relevance
to persons wishing to advertise their products/services.
Information which does not personally identify you may also
be shared with third parties, such as advertisers. Personal information
shall not be disclosed to third parties other than as set out
in these terms and conditions, unless required or permitted by
law. Personal information may be transferred to, and collected
and processed in, other countries.
This website may contain links or references to other websites
outside of our control. Please be aware that these terms and
conditions do not apply to those websites and that we are not
responsible for the privacy practices of those websites.
5. ACCEPTABLE USAGE POLICY RELATING TO MESSAGE BOARDS
The site may contain discussion groups, news groups, bulletin
boards, chat rooms and other interactive services (collectively, "Message
Boards"). We may or may not actively monitor use of, or
content or materials posted on, our Message Boards. Similarly,
we may or may not exercise editorial control over the content
of any Message Board. As a result, you may be exposed to content
on our Message Boards that is inaccurate, fraudulent or deceptive
or that you find offensive or objectionable. Your use of Message
Boards is at your own risk.
6. EXCLUSION OF LIABILITY
6.1 While Diageo endeavours to take all reasonable steps to protect
your privacy, we make no warranties or undertakings in this
regard, and shall not be liable for any loss or damage, howsoever
arising, suffered in this regard;
6.2 Diageo also makes no warranty as to the continuous availability
of this website, but shall use reasonable endeavours to keep
down time to a minimum;
6.3 Furthermore, we make no warranties regarding the correctness
or accuracy or relevancy of information found on the website.
You should procure confirmation of all information of the website
from us.
6.4 This website may contain links or references to other websites
outside of our control, in which event Diageo shall not take
any responsibility for, nor does it make any warranties, representations
or undertakings about the content of any other such website which
may be referred to or accessed by the link and Diageo does not
endorse or approve the content of such third parties' websites;
6.5 You agree that the use of this website is entirely at your
own risk and that Diageo, directors, employees, franchisees,
agents and/or representatives shall not be liable for any loss
or damage, whether direct, indirect or consequential, or any
expense of any nature whatsoever, which may be suffered by you
the user, which arises directly or indirectly upon reliance of
the website and/or its content;
6.6 You will indemnify Diageo, directors, employees, franchisees,
agents or representatives, and keep them fully indemnified, from
and against any loss or damage suffered or liability incurred
in respect of any third party, which arises from your use of
this website.
7. SECURITY
We take the security of this website seriously. However, due
to the nature of the internet, we cannot guarantee that communications
between you and us, or information stored on our servers, will
be free from unauthorised access by third parties.
8. DISCLAIMER
Notwithstanding any other provision contained herein, Diageo,
its employees, members, directors, franchises and agents are
not responsible for any losses or damages (including any consequential,
indirect or special damages) which you might suffer arising
out of or in connection with the use of, or inability to use,
this website or any unlawful activity on this website.
9. APPLICABLE LAW AND JURISDICTION
Our relationship and/or any dispute arising from or in connection
with these terms and conditions shall be governed by the laws
of the Republic of South Africa.
10. GENERAL
10.1 Diageo may cede, assign or otherwise transfer its rights
and obligations in terms of these terms and conditions to any
third party;
10.2 Any failure on the part of Diageo to enforce any right in
terms hereof shall not constitute a waiver of that right;
10.3 If any term or condition contained herein is declared invalid,
the remaining terms and conditions will remain in full force
and effect. |
