TERMS OF USE

INTRODUCTION

This website at http://www.suntory.com/softdrink/ (the "Site") is operated by Suntory Beverage & Food Limited, having its principal place of business at TOKYO SQUARE GARDEN, 3-1-1 Kyobashi, Chuo-ku, Tokyo 104-0031 Japan ("SBF", "we", "us" or "our"). Some of our subsidiaries and/or brands may have their own, possibly different, terms of use and/or privacy policies that are posted on their own websites. We encourage you to review those terms of use and/or privacy policies when linking to those websites. Unless otherwise provided in such websites, these Terms of Use (including our Privacy Policy. Hereinafter the same shall apply) shall apply to your use of the Site.

ACCEPTANCE OF TERMS

BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU SHOULD NOT USE THE SITE.
We may update these Terms of Use from time to time. We recommend that you check this page regularly to ensure that you have read the most recent version. Your use of the Site will be deemed an acceptance of the then-current version of these Terms of Use.

ACCEPTABLE USE

You agree that any use by you of the Site shall be in accordance with the following conditions: you may not use the Site for any purpose that is unlawful (in Japan, your country of residence and/or the country from which you are accessing the Site) or prohibited by these Terms of Use or any applicable laws; you may not copy, download, reproduce, republish, frame, broadcast, transmit in any manner whatsoever, any material on the Site except as is strictly necessary for your own personal, non-commercial, lawful, home use unless otherwise agreed in writing with Suntory. You may not, and may not assist or facilitate any third party to, circumvent or disable any security features of the Site or to upload, transmit or distribute any virus or malicious code via the Site.

INTELLECTUAL PROPERTY

All copyright, trademarks and all other intellectual property rights appearing on or contained within the Site shall remain at all times the exclusive property of and owned by us or our licensors. Except as provided in these Terms of Use, your use of the Site does not grant you any right, title, interest, or license to any such intellectual property.
You are permitted to use any material and/or content on the Site only as expressly authorized in writing by us or our licensors. Except as provided in these Terms of Use, any use of such material or content, including copy, reproduction, transmission, distribution, commercial exploitation or creation of derivative works, is prohibited.
If you become aware of any such unauthorized use, you agree to notify us immediately.

NO WARRANTIES

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR OWN RISK. THE SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO SUNTORY OR ANY THIRD PARTY, AS WELL AS THEIR PRODUCTS AND SERVICES, ARE PROVIDED ON AN  AS IS  AND  AS AVAILABLE  BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY AND COMPLETENESS.
EXCEPT AS REQUIRED BY LAW, WE DO NOT WARRANT THAT THE MATERIAL CONTAINED IN THE SITE, OR ANY OF THE FUNCTIONS CONTAINED IN THE SITE OR ITS SERVER, WILL OPERATE WITHOUT INTERRUPTION OR DELAY OR WILL BE ERROR FREE, FREE OF VIRUSES OR BUGS OR IS COMPATIBLE WITH ANY OTHER SOFTWARE OR MATERIAL.

LIMITATION OF LIABILITY

In no event shall Suntory, its affiliates, subsidiaries and services providers, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any loss or damage (including but not limited to, any direct, indirect, incidental, consequential, special or exemplary damages, whether such damages are foreseen, foreseeable, known or otherwise) on any theory of liability whatsoever, including but not limited to, (i) personal injury or property damage, of any nature whatsoever; (ii) loss arising out of unauthorized access to or use of our secure servers and/or any and all personal information stored therein; ; (iii) loss of data; (iv) loss of profits;(v) loss of goodwill; or (vi) loss suffered by third parties, arising out of or in connection with the access, use or performance of the Site.

THIRD PARTY WEBSITES

You acknowledge and agree that we are not responsible for the availability of any third-party websites or materials you may access through the Site. We do not endorse and shall not be held responsible or liable for any content, advertising, products or services on or available from such websites or materials.
Any dealings between you and any third party advertisers or merchants found on or via the Site, including payment for and delivery of products, services, and any other terms, conditions, warranties or representations associated with such dealings, are made between you and the relevant advertiser or merchant. Therefore, we are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.

YOUR PERSONAL INFORMATION

In the course of your use of the Site, you may provide us your personal information to us via the Site. In such case, all such personal information will be handled in accordance with the Privacy Policy.

TERMINATION

We reserve the right to discontinue the Site, or terminate your access to this Site, for any reason, without notice to you and without liability to you or any third party.

INVALIDITY

If any of these Terms of Use are determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, that shall not in no way affect, impair or invalidate any other terms, and all other terms shall survive and remain in full force and effect. In such event, such illegal, invalid or unenforceable provision, to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, shall be curtailed and limited only to the extent necessary to bring it within legal requirements of such jurisdiction, and modified to give effect to the parties' intentions as reflected in that provision.

GOVERNING LAW

These Terms of Use shall be governed by and interpreted in accordance with the laws of Japan and you agree to submit to the exclusive jurisdiction of the courts of Japan to hear any disputes.

We, Suntory Beverage & Food Limited ("we" or "SBF"), hereby declare that we should safely and properly collect, manage and use your personal information subject to the terms and conditions of this privacy policy ("Privacy Policy"). This Privacy Policy shows our fundamental policy with respect to your personal information which you may supply to us through your visit to the Site (as defined in the Terms of Use). This Privacy Policy is incorporated into, and part of, the Terms of Use that govern your use of the Site in general.

These Terms of Use becomes effective as of March 2, 2015.

Privacy Policy

1. Compliance with Applicable Laws and Regulations

We will comply with this Privacy Policy and all applicable laws, regulations and guidelines of Japan with respect to data protection, including, but not limited to, the Japan's Act on the Protection of Personal Information.

2. Collection of Personal Information

  • (a) Through "Contact Us" Page

    If you email us through the "Contact Us" page of the Site, please be aware that you may provide us with your personal information such as your name, address, telephone number, email address or any other information by which you may be identified. If you provide us with such personal information, we will use such information only for the purpose of responding to your email and storing records on how we responded to your email.

  • (b) In Other Ways

    We may also collect personal information in other ways to the extent necessary. The scope of personal information we collect will not exceed those necessary for our achieving our purpose of use. In case we collect your personal information, we will inform you of the purpose of the use of such personal information in advance of or as soon as practical after such collection, unless otherwise authorized by any applicable laws or regulations.

  • (c) International Transfer of Personal Information

    If provided by you through the Site, your personal information will be transferred to Suntory, located in Japan, which location may be outside of your own country. By providing us with your personal information, you are consenting to such transfer.

3. Management and Protection of Personal Information

We will establish internal system to monitor sufficient protection of personal information. We will designate one or more person(s) in charge of management of your personal information, and will properly manage and prevent such personal information from being disclosed to any third party except the disclosure pursuant to this Privacy Policy. We will take reasonable and appropriate measures against the risks including, but not limited to, unauthorized access to, or loss, destruction or falsification of your personal information.
We will keep our personnel informed of our policy and internal rules in order to protect personal information. We will authorize the limited personnel to have access to any databases or sources in connection with personal information and shall strictly manage such databases or sources to prevent any unauthorized use of such personal information.
We will dispose of and delete personal information without delay when we have achieved the purpose of use of such personal information.

4. Use of Personal Information

We will use your personal information only for the purposes specified at the time of such collection or for those announced in advance, unless otherwise agreed by you or authorized by any applicable laws or regulations.

5. Provision of Personal Information

Unless otherwise stipulated herein, we will not disclose or provide any personal information to any third party without your prior consent. Notwithstanding the foregoing, we may disclose your personal information without your consent: (i) to our group companies (subsidiaries and affiliates) if such group companies need to use such personal information for the purposes as described above; or (ii) if required by any laws or regulations, or court, police or any other governmental or regulatory agencies.

6. Disclosure or Correction of Personal Information

We will disclose, correct, add, or cease the use or the provision to any third party of, retained personal data (as defined in the Japan's Act on the Protection of Personal Information) provided by you to us, upon requests from you or your agent pursuant to any applicable laws and regulations.

7. Third Party Delegation

We may delegate a third party to collect, manage or use your personal information on our behalf. In such case, we will take reasonable and appropriate measures to ensure that such delegated third party will collect, manage and use such personal information in accordance with this Privacy Policy.

8. Other Information

  • (a) Statistical Information

    We may collect, use and share with any third party, certain information about your visit to the Site, including but not limited to your browsing actions and patterns, in the form of statistic information which does not include your personal information.

  • (b) Information Stored and Obtained from "Cookies"

    We may collect information about your general Internet usage by using a feature of Internet web browsers called "cookies"; small pieces of information stored by your browser on your computer's hard drive. Whenever you visit the Site, we will check with your browser for the presence of our cookies, which contain information such as whether you have visited the Site before and your preferences for the Site. You may adjust your browser to refuse cookies, although some part of the Site may not function if cookies are turned off.

  • (c) International Transfer of Personal Information

    If provided by you through the Site, your personal information will be transferred to Suntory, located in Japan, which location may be outside of your own country. By providing us with your personal information, you are consenting to such transfer.

9. Updates to this Privacy Policy

We may, from time to time, update, review and revise this Privacy Policy.

10. How to Contact us

If you have any questions or comments on this Privacy Policy, or if you would like us to disclose or update information we have about you, please contact us via "Contact Us" page.

This Privacy Policy becomes effective as of March 2, 2015.