Version Date - March 30, 2016
The www.chandonworlds.com website (the “Site”) is edited by Domaine Chandon Australia Pty Ltd, an Australian company, having its registered address Green Point Maroondah Highway, Coldsteam, Victoria 3770 – Australia, ACN 006 433 147 (“Brand”).
Any use of this Site by any person (“you” or the “user”) is governed by these terms & conditions of use (Terms & Conditions”). The purpose of these Terms & Conditions is to define the conditions of access, navigation and use of the Site.
By accessing and using this Site, you accept without restriction these Terms and Conditions as well as our Privacy & Cookies Policy. If you do not agree to be bound by the Terms and Conditions and Privacy & Cookies Policy you must immediately stop using the Site.
Brand may revise or update these Terms and Conditions and the Privacy & Cookies Policy at any time and without notice. It is your responsibility to check for updates to these Terms and Conditions and the Privacy & Cookies Policy on a regular basis. Continued use of the Site after publication of any amendments indicates your agreement to the new Terms and Conditions and Privacy & Cookies Policy (and any of the amendments). If you do not agree to any amendments, you must immediately stop using the Site.
Brand provides this Site only for persons who have reached the legal age to consume and/or purchase alcoholic beverages (whichever is the higher) in their location of residence and provided that the consumption and/or purchase of alcoholic beverages is legal. If no such laws exist in your location of residence, you must be over 21 to access the Site. For Australian residents, only those aged 18 years and over may access and use the Site. You must not fraudulently misstate your age to obtain access to the Site or in providing us with any personal information.
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1. NAVIGATION ON THE SITE
1.1 Access to the Site
Having the necessary hardware and software to access Internet and this Site is the sole responsibility of the users.
Brand reserves the right, in its absolute discretion, to suspend or terminate access or navigation to all or part of the Site and/or its content and/or the available services without prior notice and without entitling any user to claim any indemnity or compensation.
Users must not modify the Site (or any associated content, software or any element of it), or use any software in order to obtain unauthorized access to the Site.
The Site may include links to other web sites or other internet sources. As Brand cannot control these web sites and external sources, Brand cannot be held responsible for the provision or display of these web sites and external sources, and may not be held liable for the content, advertising, products, services or any other material available on or from these web sites or external sources. To the extent permitted by law, Brand will not be liable for any demonstrated or alleged harm or losses resulting from (directly or indirectly) or in relation to the use of, or the fact of having had confidence in, the content, goods or services available on these web sites or external sources.
1.3 User responsible behaviour
Each user warrants that he/she:
- is of the minimum age legally required to consume and/or purchase alcohol in accordance with the laws and regulations of user’s location of residence,
- will use the Site for user’s personal and lawful use only, excluding therefore any other commercial use without the prior written consent of Brand,
- will provide, when relevant, personal information being true, up-to-date and accurate.
Users may not in any way represent or act on behalf of Domaine Chandon Australia Pty Ltd, its subsidiaries, its affiliates and their respective shareholders, officers, directors, employees.
When using the Site, users must behave responsibly, lawfully, with courtesy and respectful towards other users, Brand, its subsidiaries, affiliates and third parties.
User must notably refrain from doing any of the following acts on or via the Site:
- uploading, displaying, sending by e-mail or by any other means any file containing viruses, codes, text files, software or similar items which could disrupt, interrupt, destroy, damage or limit functionalities of the Site or any software, hardware or telecommunication materials,
- disrupting or interrupting the Site, its servers or networks connected to the Site, or infringing the related requirements, procedures or rules,
- interfering (including any attempt) with the Site functioning, notably by exposing the Site to viruses, creating an overload of communication between the Site and its servers, sending “spam” or otherwise overloading the Site messaging system,
- consulting privileged or non public information or accessing a server or account for which the user is not expressly granted access to,
- trying to assess or test the Site vulnerability, breaching security or authentication measures of the Site without the prior written consent of Brand,
- conducting any illegal activity or any other activity likely to infringe rights of or adversely affect Brand, its subsidiaries, affiliates, providers (including technical providers and contractors), customers and third parties, as well as refrain from encouraging, facilitating or permitting any third parties to do so,
- uploading, displaying, posting, sending by e-mail or by any other mean any unsolicited or non authorised commercial or promotional content, junk mail, spam, chains or any other form or commercial solicitation,
- uploading, displaying, sending by e-mail or by any other means any content that is illegal, detrimental, defamatory, offensive, racist, vulgar, obscene, threatening, violent, against decency, shocking or disparaging, or any content that infringes third party rights (including, but not limited to, intellectual property rights),
- sending or forwarding by e-mail or by any other means any content of the Site to persons under the legal alcohol drinking and/or purchasing age in their location of residence or residing in a location restricting or prohibit the advertising of alcoholic beverages.
Each user must comply with any and all applicable regulations, laws and rules related to user’s behaviour on the Internet and transmission of technical data.
When relevant, Brand reserves the right in its absolute discretion to terminate or withdraw any user’s access to the Site without notice in case of breach of the user’s obligations under these Terms & Conditions and/or ancillary documentation, without prejudice to any claim for damages or other relief that Brand may have against such defaulting user in relation to such breach, to the fullest extent permitted by law.
1.4 User generated content
When relevant, users are solely liable of any content they may post or upload onto the Site and the consequences of disclosing, forwarding, making available or broadcasting such content. Brand does not approve any content, opinion, suggestion or notice generated by users and Brand excludes liability in respect of any such content to the fullest extent permitted by applicable law.
However, Brand reserves the right, but not the obligation, to monitor use of the Site and to remove any content which, in its sole discretion, would breach these Terms & Conditions, may be offensive, illegal or otherwise objectionable in any way.
The users warrant that any content they upload or otherwise make available on the Site (“user content”) is either their own original work or they have all necessary rights and consents from the owners of the user content to post, upload and make available that user content to the Site.
User agrees that Brand may freely and peacefully use, copy, modify, reproduce, communicate, adapt, publish and perform in public the user content (and may licence third parties to do any of those things) in any manner (including in part) for any purpose anywhere in the world, without cost and without further reference to the user (and the user consents to any use or act done by the Brand and its licensees which would but for this clause infringe the user’s moral rights in the user content). For the avoidance of doubt, this includes the communication of any such content onto the Site as well as its communication and reproduction on any other mediums of whatever nature for the promotion and advertising of Brand, its products and services.
1.5 Report of inappropriate content
Users can report to Domaine Chandon Australia Pty Ltd any inappropriate content by sending an e-mail to firstname.lastname@example.org.
2. PROTECTION OF THE SITE CONTENT
The Site and each of its elements (including all text, images, web pages, sound, video, designs, trademarks, logos and other material on or accessible via the Site) as well as any software required to be used in relation to the former, data bases and newsletters (the “Content”), may contain confidential information and information that is protected by intellectual property laws and other laws. As between Brand and User, and unless otherwise expressly stated on the Site, Brand exclusively owns all intellectual property rights related to the Content and Brand does not grant any user with any license or other right other than a right to view the Site for personal and private use.
The reproduction of the Content (in whole or in part) of the Site is authorized for the sole purpose of personal and private use. Any reproduction or use or other exploitation of Content for any other purposes (whatever the manner or the kind) is expressly prohibited.
Users must not copy, modify, create derivative pieces of work, assemble, decompile, assign, sub-licence or transfer in any way any content of the Site or any material (including software) related to the Site.
3. PERSONAL DATA
Any personal information collected by Brand through your use of the Site will be managed in accordance with the Privacy & Cookies Policy. Collection, treatment, use, disclosure, transmission, storage and protection of users’ personal information are governed by the Privacy & Cookies Policy [create active link].
Brand endeavours to ensure that, as far as possible, the information provided on this Site is correct and up-to-date. However, Brand cannot provide any guarantee, representation or warranty as to the correctness, accuracy or exhaustiveness of the information provided on the Site. Your use of the Site is at your own risk and the Site is provided to you "as is".
Brand allows free access to the Site, and to the extent permitted by law Brand excludes all liability (however arising, including as a result of any person’s negligence):
- for any interruption in provision of the Site or services accessible via the Site,
- for the occurrence of bugs, viruses and similar technical issues adversely affecting your ability to access this Site,
- for any inaccuracy, isolated and unforeseen error or omission relating to information or Content available on the Site,
- for any damage resulting from a fraudulent intrusion by a third party,
- and more generally, for any direct or indirect or consequential harm, loss or damage (including, without limitation, indirect, special or consequential loss or loss of profits), whatever the cause, origin, nature or consequences, which may occur as a result of any type of access to or use of the Site (or any inability to access or use it) or the credit given to any piece of information coming directly or indirectly from the Site.
In respect of any liability which cannot be excluded by law, that liability is limited to the minimum allowable by law.
Nothing in these Terms and Conditions restricts, excludes, modifies, or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
5. GOVERNING LAW AND JURISDICTION ATTRIBUTION
These Terms & Conditions (and the Privacy & Cookies Policy) are governed by the laws applicable in Victoria, Australia.
To the extent permitted by law, users and Brand hereby irrevocably submit to the exclusive jurisdiction of the competent courts of Victoria, Australia any claim or matter arising under or in connection with the Content or use of the Site, including in case of guarantee, plurality of defendants or summary proceedings.
Any failure by Brand to enforce strict performance of any of the Terms and Conditions will not be construed as a waiver of any right or remedy of Brand in respect of any existing or subsequent breach of the Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the provision will be deemed severed from the Terms and Conditions and the remainder of the terms will continue in full force and effect.