Terms of Use of this Website
This Internet web site www.jimbeam.com (the “Site”) is owned and operated by Beam Suntory and its affiliates, including but not limited to Beam Suntory (“Jim Beam”). These terms and conditions form a legally binding agreement between you and Jim Beam, setting out the conditions under which you may purchase goods online from this Site and access this Site.
LEGAL NOTICE
This copyright notice applies to all proprietary material throughout this Site.
Intellectual Property
Unless otherwise noted, all product names, designs, logos, icons, titles, text, images, and audio or video material within this Site are the trademarks, service marks, trade names or other property of Jim Beam (the “Intellectual Property”). All other unregistered and registered trademarks are the property of their respective owners. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Intellectual Property displayed on the Site without the prior written permission of Jim Beam.
Use of this Site
Jim Beam maintains this Site for your personal entertainment, information, education, and communication. Please feel free to browse the Site. In accordance with New Zealand alcohol laws, to visit this website and view content on this website, you are agreeing you are of the New Zealand legal drinking age, currently 18 years of age or older. You may download material displayed on the Site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, report, publish, sell, display, upload, reuse, re-post, use, or in any way exploit the content of this Site for public or commercial purposes, including the text, graphics, logos, photographs, images, or audio and visual material without Jim Beam’s prior written permission.
By using this Site, you agree to be bound by all of these terms and conditions.
Jim Beam reserves the right at its own discretion to change any information contained on this Site, including these terms and conditions, at any time without prior notice, and to notify users of any such changes by on-line postings only. You should check the Site for such changes each time you use this Site. Any such changes will be effective as of the date of such postings. Your continued use of this Site after such postings will automatically constitute your acceptance of those changes. If you do not agree to abide by these terms and conditions, do not use this Site or download content from this Site.
You agree to indemnify and will keep Jim Beam indemnified against any claim, demand, injury, direct or indirect damage, loss or cost, liability, right of action or claim for compensation in contract, under statute or in tort (including in respect of any negligent, reckless or wilful act by you) made against or suffered by Jim Beam in connection with your use of this Site, your failure to use this Site, your breach of these terms and conditions or your breach of any rights of third parties.
No Warranties; Limitation of Liability
While Jim Beam has made reasonable efforts to include information at this Site which is accurate and timely, to the extent permitted by law Jim Beam makes no representations or warranties as to the accuracy or reliability of such information and specifically, Jim Beam assumes no liability or responsibility for any errors or omissions in the information or content of this Site. Moreover, Jim Beam neither warrants nor represents that your use of the information or content on this Site will not infringe the rights of third parties who are not affiliated with Jim Beam.
Your access to and use of this Site is at your own risk, and neither Jim Beam nor any party involved in the creation, production, delivery, transmittal, or maintenance of this Site shall be liable to you for damages of any kind, including without limitation any direct, indirect, special, exemplary, consequential, incidental or punitive
damages, allegedly arising directly or indirectly out of or in connection with your access to, use of, or reliance
upon any information or content on this Site or the information or content of any site linked to this Site, your
use of this Site, your inability to access or use this Site, or a failure or omission on the part of Jim Beam to comply
with its obligations under these terms and conditions.
To the extent that this limitation of liability clause is subject to warranties and liabilities that cannot by law be
excluded, Jim Beam’s liability for any breach of a condition in relation to supply by it of goods or services to users
is limited, at Jim Beam’s option to:
the repair or replacement of the goods; or
the supply of services again; or
the payment of the cost of supplying the services again or having the goods repaired.
You expressly release Jim Beam from all claims whatsoever which you may have against Jim Beam arising out of
or connected with any conduct of Jim Beam in relation to any transaction conducted on this Site or any use by
you of this Site or the information or content contained on it, whether or not the conduct or use is referred to
in these terms and conditions.
Jim Beam also assumes no responsibility, and shall not be liable for any such damages to or viruses that may infect,
your computer equipment, software, data or other property on account of your access to, use of, or browsing
in the Site or your downloading of any materials, text, images, video or audio from the Site or any linked
sites.
Unaffiliated Products and Sites
Descriptions of, or references to, products, publications or sites not owned by Jim Beam do not imply endorsement of that product, publication or site. Jim Beam has not reviewed all material linked to the Site and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.
Communications with this Site
Except as provided for in our Privacy Policy, any communication or material you transmit to the Site by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit may be edited by or on behalf of Jim Beam, may or may not be posted to this Site at the sole discretion of Jim Beam and may be used by Jim Beam for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Jim Beam is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without restriction or compensation.
As a condition of your use of the Site, you agree to abide by all applicable laws and regulations, and to conduct yourself in accordance with these terms and conditions. Specifically, you agree not to:
use the Site to defame, abuse, harass, stalk, threaten or otherwise offend others;
disseminate, post, transmit (email or otherwise) any material which is unlawful, abusive, obscene, pornographic, inflammatory, profane, defamatory, discriminatory, harassing, grossly offensive, vulgar, threatening or malicious, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or violate any law. Jim Beam reserves the right to fully co-operate with any law enforcement authorities or court in any jurisdiction in respect of a lawful direction or request to disclose the identity of, or other information about, anyone posting such material;
use any address harvesting software or automated scripting tool software;
engage in chain letters, unsolicited emailing or spamming via Jim Beam’s tools;
impersonate any person or entity;
use (upload, post, e-mail, transmit) Jim Beam’s web applications and Site contents in ways that you do not have a right to under any law or contractual obligation;
interrupt or attempt to interrupt the operation of this Site in any way.
Although Jim Beam may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site, Jim Beam is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. Jim Beam assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.
On-Line Stores; Promotions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of
the Site, including but not limited to contests, sweepstakes, invitations, or other similar features (each an “Application”),
all of which additional terms and conditions are made a part of these terms and conditions by this reference.
You agree to abide by such Application terms and conditions. If there is a conflict between these terms and conditions
and the terms of the Application, the terms of the Application will prevail as relating to the Application.
Pricing
All prices are listed in New Zealand dollars. Prices of goods and services, delivery and other charges displayed on
this Site are current at the time of display, but may change at any time without notice.
Orders
Any order placed by you on this Site constitutes an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified on this site at the time you place your order. Jim Beam reserves the right to not accept your offer for any reason, including, but not limited to, the unavailability of any product, or an error in the price or the product description stated on the Site.
Shipping and Delivery
Jim Beam Online Store ships within New Zealand only. Shipments are sent via ground transportation.
Please read the Delivery Information contained in the Site. The delivery times are estimates only and Jim Beam will
not be liable for any loss or damage arising form a late delivery.
Please note: Deliveries require the signature of a legal purchase age adult.
Questions about your order? Call us 09 915 8444 (line is operational 9AM to 5PM Monday to Friday, excluding Public
Holidays).
Risk and Title
Jim Beam will retain title to the products you order until you have paid for them in full. The risk in the products
you order from us will pass to you upon delivery of the products to the address as stated in the order, regardless of
when payment is completed.
Returns
Please call us at 09 915 8444 (line is operational 9AM to 5PM Monday to Friday, excluding Public Holidays) if you
experience a problem with your shipment.
Packaging and Labelling of Goods
Jim Beam aims to include up-to-date pictures and descriptions of the products on the site. However, Jim Beam does
not warrant that the pictures and product descriptions are accurate and complete.
Termination
Jim Beam may modify or discontinue the Site, or may modify or terminate your account or access to this Site, with
or without notice to you and without liability to you or any third party.
User Name and Password
You acknowledge and agree that you are responsible for maintaining the confidentiality of your user name and
password. You shall be responsible for all uses of your membership, whether or not authorised by you. You agree
to immediately notify Jim Beam of any unauthorised use of your user name or password or any other breach of
security.
Linking Policy
This Site may contain links to sites owned or operated by parties other than Jim Beam. Such links are provided for
your convenience only. Jim Beam does not control, and is not responsible for the availability or content of these
external sites, or the security of, such sites. Jim Beam does not endorse the content, or any products or services
available, on such sites. If you link to such sites you do so at your own risk.
Privacy
Jim Beam’s practices in relation to the collection and handling of personal information are set out in our Privacy Policy. When you access this Site you are not required to provide personally identifiable information. However, sometimes we do collect your personal information, for example, when you subscribe to or register with our mailing list, enter a competition, order a product or service or make contact with us. When you provide us with your personal information, we retain and use this information for the purpose of running competitions or providing you with information about Jim Beam. We sometimes share your details with other organisations as well. Please see our Privacy Policy for further information.
Internet-related information
We collect IP addresses for the purposes of system administration, to gather broad demographic information, and
to monitor the level of activity on our Site. We collect information from visitors to our Site regarding the referring
URL, your IP address, which browser you used to come to the Site, the country, state, the pages of our Site that you
viewed during your visit and any search terms entered on our Site. We track customers’ traffic patterns throughout
their online sessions, including which pages a customer views while using the Site. This information is ultimately
stored in the form of store categories, and, in some cases, specific URLs. We use your IP address to diagnose problems
with our servers and software and to administer our Site. We may share aggregated statistics about pages
viewed on our Site and sales and other shopping information with third parties. For further information on our use
of cookies, please see our Privacy Policy.
NEW ZEALAND GOVERNING LAW
This Site was developed in New Zealand in accordance with and shall be governed by, and your browsing in and use of the Site shall be deemed acceptance of, the laws of the New Zealand. You agree that the courts exercising jurisdictions in New Zealand will have the exclusive jurisdiction to resolve all disputes arising from this Site and you agree to submit to the jurisdiction of those courts. Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or service not available in all countries. References to a particular product or services do not imply that Jim Beam intends to make such products or services available in such countries. Any pictures and descriptions contained on this Site are provided by way of indication only, and may not correspond to the actual products available in New Zealand.
We do not warrant that the content of this Site complies with the laws of any country outside of New Zealand. If you access this Site outside of New Zealand, you do so at your own risk and you accept responsibility for ensuring or confirming compliance with all laws that apply to you as a result of that access or any consequential transactions or dealings with Jim Beam.