Terms & Conditions
Website Terms And Conditions Of Use
In these terms and conditions (Website Terms), “Sunny Eddy”, “we” “us” and “our” refer to PAC Beverages Pty Limited t/as Sunny Eddy ABN 47 665 197 562 and “you” and “your” refers to you, the Internet user who has accessed the Sunny Eddy website at www.sunnyeddy.com.au (Website). These Website Terms apply to your use of the Website and do not alter in any way the terms or conditions of any other agreement you may have with us.
Please read the Website Terms carefully. By accessing the Website, you agree to be bound by the Website Terms and by all terms, policies and guidelines incorporated by reference. If you do not agree to all of these terms, do not use the Website. By using the Website, you represent and warrant that you are over the age of 18 and are lawfully able to accept the Website Terms and enter into this agreement.
Availability of the Website
We aim to make sure that the Website and all functionality are available at all times. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. We will not be liable to you if the Website or any aspect of it is unavailable.
Use of the Website
The Website, including all content on the Website (Content) and any portals that are accessed via the Website are intended for our customers and prospective customers for the purpose of doing business with us, including evaluating and ordering our products or services. You may download a copy of the information on the Website to your computer or personal mobile device for your personal use but you must not otherwise reproduce or use the Website.
Ownership of the Website
We own the Website. Unless otherwise indicated, we own or have a licence to use all of the Content. All elements of the Website, including the Content, are protected by laws relating to the protection of intellectual property rights such as copyright and trade marks.
You are specifically prohibited from: (a) using any data mining, robots, spider or similar data gathering or extraction methods; and (b) manipulating or otherwise displaying the Website or the Content by using framing or similar navigational technology.
You must comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, spam, privacy, and the transmission of technical data exported from Australia or the country in which you reside.
Intellectual Property Rights
Copyright takedown policy: We may, in appropriate circumstances and at our sole discretion, terminate your right to access the Website if you infringe our intellectual property rights or the rights of a third party.
If you believe that any Content infringes your intellectual property rights, please email us at email@example.com. You will need to give us details of the intellectual property rights involved, confirmation that you are the owner or exclusive licensee of the intellectual property rights and information on how you claim your rights have been infringed. If the claim is made against a third party who has used the Website, we may give notice of a claim of copyright infringement by means of a general notice on the Website or electronic mail to that user's e-mail address.
Trade marks: We are the owner or licensee of registered and unregistered trade marks used in relation to our business on the Website (Trade Marks) and the look and feel of the Website. You must not copy, imitate or use, in whole or in part, any of the Trade Marks or the look and feel without our prior written permission. All other trade marks, product names and company names or logos used on the Website are the property of their respective owners. Our reference to any third party’s products or services is not an endorsement, sponsorship or recommendation of such products or services.
You must not use the Trade Marks or other proprietary graphics to link to this Website, or frame any of the Trade Marks, logos or other proprietary information, including the Content, without our express written permission.
This Website may contain links to third party sites which are not under our control and we have no responsibility for the content of these sites. We make no claim or representation regarding, and accept no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party sites accessible by link from the Website, or websites linking to the Website. Links to other websites are provided for convenience only, and do not imply any affiliation, endorsement or adoption by us of the products or services offered by the site.
If you use a link on this Website and navigate to another website, you should review the applicable terms and policies, including privacy and data gathering practices, of that website. You agree that we are not responsible or liable for any loss, damage or other matters of any sort incurred as the result of your dealings with third parties via their sites.
Registration Data and Account Security
In consideration of your use of the Website, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website (Registration Data); (b) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; (c) maintain the security of any password and identification; (d) notify us immediately of any unauthorised use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorised access to the Registration Data and any other information you provide to us.
You agree to defend, indemnify and hold harmless Sunny Eddy, its directors, affiliates, employees, agents and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal costs) arising out of or related to your conduct, use of or inability to use the Website, your breach or alleged breach of the Website Terms or of any representation or warranty contained herein, your unauthorised use of the Content, or your infringement of any rights of another.
We uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.
To the maximum extent permitted by applicable law, the Website and the Content are provided "as is" without guarantee or warranty, express or implied, of any kind including but not limited to guarantees or warranties of acceptable quality or fitness for a particular purpose or non-infringement. You agree that the functions embodied on or in the materials of the Website are not warranted to be uninterrupted or without error or that defects will be corrected. We make no warranty that the Website or the Content are free from infection by viruses or anything else that has contaminating or destructive properties.
Limitation of Liability
To the extent that we can limit your remedy for breach, then our liability is limited to one or more of the following at our option:
- in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
- in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
To the maximum extent permitted by applicable law, in no event shall we or our directors, employees, agents, independent contractors or affiliates be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Website, the services or products, the Content or the materials contained in or accessed through the Website, including without limitation any damages caused by or resulting from reliance by user on any information obtained from us, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to our records, programs or services.
To the maximum extent permitted by applicable law, in no event shall our aggregate liability, whether in contract, guarantee, warranty, tort (including negligence), product liability, strict liability or otherwise, arising out of or relating to the use of the Website exceed the fees you pay, if any, to us for access to or use of the Website.
Notwithstanding any of these Website Terms, we reserve the right, without notice and in our sole discretion, to terminate your access and use of the Website. On termination you must destroy all materials obtained from the Website and copies of those materials.
You may stop using the Website at any time for any reason.
Changes to Website Terms
We may from time to time need to change some of the Website Terms or a policy or guideline on the Website. Any changes will be effective immediately once they are posted on the Website. Your continued use of the Website following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Website Terms whenever you visit the Website.
Any waiver of any provision of the Website Terms will be effective only if in writing and signed by both parties.
The Website Terms are governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
If part or all of any of the Website Terms is illegal or unenforceable it will be severed from the Website Terms and will not affect the continued operation of the remaining provisions of the Website Terms.
The failure of either party to enforce, or the delay by either party in enforcing, any of its rights shall not be deemed a continuing waiver or a modification of this agreement.
Questions and Contact Information
Questions or comments about the Website or Website Terms may be directed to firstname.lastname@example.org
Last update: Jan 4, 2021.