(Effective & last modified 22 January, 2013)
1. INTRODUCTION AND ACCEPTANCE
2. INTELLECTUAL PROPERTY
3. ACCESS AND USE
(A) We may offer certain portions of our Services at no charge (e.g., Websites) and others (e.g., mobile Applications) for a one-time fee, on a subscription basis or under any other lawful pricing structure. In all instances, our Services are not being sold to you; rather, you are being granted a limited license to use our Services. In addition, the license to use of any of our paid Services does not necessarily transfer across operating systems and/or different equipment (e.g., mobile devices, computers, etc.). For example, unless we specifically tell you otherwise, the use of any of our mobile Applications is limited to the relevant device and/or operating system you are using at the time you purchase the license to use the Application.
(i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Services or Service Content;
(ii) circumvent, disable or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Service Content;
(iii) use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Service Content for any purpose without our express written permission;
(iv) collect or harvest any personally identifiable information or non-personally identifiable information from our Services including, without limitation, user names, passwords, email addresses;
(v) solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
(vi) attempt to or interfere with the proper working of our Services or impair, overburden, or disable the same;
(vii) decompile, reverse engineer, or disassemble any portion of our software or other Service Content, or our Services;
(viii) use network-monitoring software to determine architecture of or extract usage data from our Services;
(ix) encourage or undertake conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity; or
(xi) engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.
4. USER REGISTRATION & PROMOTIONAL MESSAGES
(A) IN ORDER TO ACCESS OR USE SOME FEATURES OF OUR SERVICES, YOU MAY HAVE TO BECOME A REGISTERED USER. IF YOU ARE UNDER THE AGE OF SIXTEEN (16), THEN YOU ARE NOT PERMITTED TO REGISTER AS A USER, SIGN UP FOR ANY PROMOTIONAL MESSAGES (SEE BELOW), OR OTHERWISE PROVIDE US ANY PERSONAL INFORMATION. If you are over 16, but under 18, you must have parental consent to become a registered user and confirm by registering that you have such consent.
5. USER CONTENT
(A) We may now or in the future permit users to post, allow us or our agents to post, allow others to post at your direction, upload, transmit through, or otherwise make available through our Services (collectively, “submit”) messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our Services. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
(B) You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
(C) You represent, warrant, and covenant that you will not submit any User Content that:
(i) violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
(ii) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable, or otherwise violates any applicable law;
(iii) encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
(iv) is an advertisement for goods or services or a solicitation of funds;
(v) includes personal information such as messages which identify phone numbers, account numbers, addresses, or employer references;
(vi) contains a formula, instruction, or advice that could cause harm or injury; or
(vii) is a chain letter of any kind.
Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Services will not be permitted.
(F) Notwithstanding the generality of the foregoing, we reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising, marketing, promotional, and other commercial purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners, marketing partners, accounts, and third-party service providers (including their downstream users).
(G) We have the right to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
6. SERVICE CONTENT & THIRD PARTY LINKS
(A) We provide our Services including, without limitation, Service Content for educational, entertainment and/or promotional purposes only. You may not rely on any information and opinions expressed through any of our Services for any other purpose. In all instances, it is your responsibility to evaluate the timeliness, completeness, or usefulness of any Service Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Service Content.
(B) Any health related Service Content available is not intended to be a substitute for professional medical advice. All such information is general in nature and may be helpful to some persons but not others, depending upon their personal needs. You should always consult with your physician prior to changing or undertaking a new diet or exercise program.
(C) In many instances, Service Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through our Services by anyone other than our authorized employees or spokespersons while acting in their official capacities.
(D) Our Services may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
8. DISCLAIMER OF WARRANTIES
(A) YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND SERVICE CONTENT (INCLUDING SOFTWARE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE RED BULL PARTIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY:
(i) WARRANTIES THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS;
(ii) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF OUR SERVICES OR SERVICE CONTENT;
(iii) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE;
(iv) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH OUR SERVICES;
(v) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES;
(vi) WARRANTIES THAT YOUR USE OF OUR SERVICES WILL BE SECURE OR UNINTERRUPTED; AND
(vii) WARRANTIES THAT ERRORS IN OUR SERVICES OR SERVICE CONTENT (INCLUDING SOFTWARE) WILL BE CORRECTED.
9. LIMITATION ON LIABILITY
(C) In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
11. COPYRIGHT POLICY
(A) We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may block your use of our Services if you are suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.
(B) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing us with a written notification of claimed infringement that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will investigate notices of copyright infringement and take appropriate actions. 12. CHOICE OF LAW; JURISDICTION AND VENUE
13. DISPUTE RESOLUTION & MANDATORY ARBITRATION
We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by contacting us at the address provided in Section 15 (E). We will contact you based on the contact information you have provided us.
14. AMENDMENT; ADDITIONAL TERMS
(A) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
(E) These Terms and Conditions are published by Red Bull Australia Pty Ltd ABN 67 085 840 259 of 2 Huntley St, Alexandria NSW 2015, (02) 9023 2800
OUR APPROACH TO PRIVACY
Red Bull Australia Pty Limited (“Red Bull”) respects your privacy. Red Bull will collect, manage, use and disclose your personal information in accordance with relevant legislation and standards. Our privacy practices reflect the National Privacy Principles in the Privacy Act 1988 (Privacy Act) and regulate how we deal with your personal information.
COLLECTING YOUR INFORMATION
Red Bull is involved in a range of activities including, but not limited to, selling and marketing Red Bull® Energy Drink, organising Red Bull events and providing mobile telephone services through Red Bull MOBILE. We collect personal information in the course of engaging in these activities. Generally, if appropriate, we will tell you why we are collecting personal information and how we plan to use it. If we do not, these matters should be clear to you when we collect the information. The information Red Bull collects is necessary to assist us with our functions and activities.
We usually collect personal information such as your name, your contact details, your interests and where relevant, financial information, personal history and health details. If we collect sensitive information (as defined in the Privacy Act) it will usually be for the purposes of entering into contractual relations with you and, if the law requires us to, we will seek your consent to collect it. You are not obliged to provide Red Bull your personal information. However, if you choose not to give this information we may not be able to provide you with the services and/or information you require or the best level of service that we can offer.
COLLECTING YOUR INFORMATION USING THIS WEBSITE
We generally only collect personal information from this website when it is provided voluntarily by you – for example, when you fill in an enquiry form.
When you visit this website or download information from it, our Internet Service Provider (ISP) makes a record of your visit and records the following information:
• your Internet address;
• your domain name if applicable; and
• the date and time of your visit to the website.
Our ISP also collects information such as the pages our users access, the documents they download, links from other sites they follow to reach our site, and the types of browser they use. However, this information is anonymous and is only used for statistical and website development purposes. This information is generally not linked to your identity, except where Red Bull’s website is accessed via links in an email we have sent you.
HOW WE USE AND DISCLOSE YOUR INFORMATION
We use your information to provide and market our products and to enhance and develop our relationship with you. Subject to consent where required under law, we may also use this information to later contact you for a variety of reasons, such as customer service, providing you with promotional information in relation to our events or those of our parent company, subsidiaries or other affiliated companies or to communicate with you about content or other information you have posted or shared with us via our website. You may opt out from receiving future promotional information from us at any time We may share your information with other Red Bull companies, including those who are located outside Australia. The information we share assists us with providing services to you and is in line with Red Bull’s obligations under the Privacy Act.
Red Bull may disclose your information to service providers, agents, contractors and strategic partners (the “Third Parties”) from time to time to help us to provide and market our products to you. The Third Parties will only use your personal information for the purpose of providing and marketing our products to you. The Third Parties can not use your personal information for any other purpose. If we do this we require the Third Parties to protect your information the same way we do.
When we handle your personal information, we will rely on the relevant employee and related bodies corporate exemptions in the Privacy Act.
If you send us an email with questions or comments, we may use your personally identifiable information to respond to your questions or comments, and we may save your questions or comments for future reference. For security reasons, we do not recommend that you send non-public personal information, such as passwords, or bank account information, to us by email. We may email you for many reasons, including, without limitation, emails in response to your request for a particular service or your registration for a feature that involves email communications, emails that relate to purchases you have made with us (e.g., product updates, customer support, etc.), informational emails about our other products, services, or events, or when you consent to being contacted by email for a particular purpose. In certain instances, we may provide you with the option to set your preferences for receiving email communications from us; that is, agree to some communications but not others. Once you have opted in, you may "opt out" of receiving future promotional emails from us by clicking the "unsubscribe" link included at the bottom of most emails we send, or as provided below.
As you view our website, certain information can be collected without you actively providing us with that information. This information includes:
• your IP address;
• the Internet Browser your computer is using; and
• the URL of the website you were previously viewing.
Red Bull will endeavour to take reasonable steps to secure all personal information we have about you. We use a variety of physical and electronic security measures including restricting physical access to our offices, firewalls and secure databases to keep personal information secure from misuse, loss or unauthorised use or disclosure. However, Red Bull will not be responsible for any consequences arising out of unathorised access to your personal information.
The Internet is not a secure environment. If you use the Internet to send us any information, including your email address, it is sent at your own risk.
ACCESS AND ACCURACY
You have a right to access most personal information we hold about you. You can also correct the personal information we have about you. Please contact our Privacy Compliance Officer through the'Contact Us' link below to ask for access to your information or if you have a complaint concerning your information privacy. Red Bull will provide you access to or correct your personal information where it is required to do so by law. We may deny your request in some circumstances, if we do this we will tell you why. We aim to respond to all requests relating to Privacy as soon as reasonably practicable.
We will also retain your personal information for as long as it is necessary and dispose of it lawfully and securely when it is no longer required.
Our website may link to or contain links to other third party websites that we do not control or maintain, such as in connection with purchasing products referenced on our website and banner advertisements. We are not responsible for the privacy practices employed by any third party website. We encourage you to note when you leave our website and to read the privacy statements of all third party websites before submitting any personally identifiable information.
If you would like more information concerning how we handle your information or our approach to privacy please contact our Privacy Compliance Officer via the 'Contact Us' link below.