Terms and Conditions

Welcome to A+, a program operated by Asahi Beverages (Asahi Beverages, we, us or our). Below are the terms and conditions which apply to your use of A+ (Terms). Please review and ensure you are comfortable with the Terms before using A+. If you have any questions about the Terms please contact us via our contact centre on A+ email address hello@aplusinsights.com.au

Use of data:

We will collect, hold, use and disclose your personal information in accordance with our privacy policy available here. Please review our privacy policy before using A+.

Your Account:

As part of the set-up process for A+ we will require you to set up an account (Your Account). You are fully responsible for maintaining Your Account (including the security and authorised use of and access to Your Account), and we will not be responsible or liable for any improper or otherwise unauthorised use of or access to Your Account, including unauthorised purchases or other activity not unauthorised by you as the proper manager of Your Account. Please keep Your Account secure at all times and notify us immediately if you become aware of any breach of such security.

Termination & suspension:

We may terminate your access to and use of A+ immediately on notice to you if you breach a material provision of these Terms. We may suspend your access to and use of A+ immediately on notice to you if we need to for a legitimate business need.

Liability:

To the maximum extent permitted by law, and its related entities excludes all liability for any loss or damage of any kind (including special, indirect or consequential loss or loss of business) arising out of or in connection with your use or A+ or any content on the platform, and the use or performance of A+. Where the law (including without limitation the Competition and Consumer Act 2010 (Cth)) implies a warranty or guarantee into these Terms which may not lawfully be excluded, then provided it is fair and reasonable to do so, Asahi Beverages' liability for breach of such a warranty or guarantee will be limited at our option, to any one or more of the following: (a) in the case of goods: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and (b) in the case of services, to either resupplying the services or payment of the cost of having the services supplied again.

Information & security:

While we endeavour to take reasonable care in preparing and maintaining the information on A+ we do not warrant the accuracy, reliability, adequacy or completeness of any content. You acknowledge and accept that such content may include technical inaccuracies and typographical errors, and subject to change at any time without notice and may not necessarily be up-to-date or accurate at the time you view it. We do not guarantee that access to A+ will be uninterrupted or free from viruses or anything else which may damage any device which accesses A+ or any data on such a device. You must not attempt to change, add to, remove, deface, hack or otherwise interfere with A+ or any material or content displayed on A+.

Intellectual property:

As between you and us, we own or licence all intellectual property rights in any content on A+ (Our Content). We grant you a non-exclusive, royalty free, non-transferable, personal licence to use Our Content for the purpose of using A+ in accordance with these Terms. To the extent that you provide any content to us (Your Content), you provide us with a non-exclusive, royalty free licence to use and copy Your Content as required for us to provide A+, and you warrant that your provision and our use of Your Content will not infringe the rights of any third party or contravene the Australian Privacy Principles under the Privacy Act 1988 (Cth).

Third party sites:

The A+ platform may contain links to other apps, websites or platforms operated by third parties (Third Party Platforms). Unless otherwise indicated, Asahi Beverages or its related entities does not control, endorse, sponsor or approve any such Third Party Platforms or their content nor provide any warranty or take any responsibility whatsoever for any aspect of Third Party Platforms or their content.

General:

These Terms represent the entire agreement between the parties in relation to your use and our provision of A+ and supersedes all prior discussions, negotiations, understandings or agreements between the parties; These Terms are governed by the laws of the state of Victoria, Australia and each party submits to the exclusive jurisdiction of the courts of Victoria, Australia and the courts of appeal from them in respect of any proceedings arising under or in connection with these Terms; A provision of these Terms, or right, power or remedy created under it may not be varied or waived except in writing signed by the party or parties to be bound; If the whole or any part of a provision of these Terms are void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction and the remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.

Contact us:

Email: hello@aplusinsights.com.au

Date of last revision: 11 August 2021

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