TERMS AND CONDITIONS
At Pink Energy Beverages, we love dealing with you and giving you all sorts of information, we also need to let you know all of this.
Digital Platform Terms and Conditions
This Pink Energy Drink digital platform is intended for audiences of 13 years and above; you should have your parents’ consent if you are under 16. Pink Energy Drink reserves the right to request evidence of parental consent at any time.
Pink Energy Drink takes data security very seriously. Where we collect your personal information (for example, your name, address, or email address) it may be used to:
• Improve our services.
• Contact you, but only when you’ve given consent to do so
• Deliver you relevant and engaging content within this Pink Energy Drink digital platform on any of the Social Media platforms or via a mobile application.
Pink Energy Drink may contact you using the contact information you supply at any available registration mechanic in order to inform you about content, products or services that Pink Energy Drink think you will enjoy.
If you had previously opted into marketing communications within a social media platform and you now intend to opt out of receiving these communications, you may do so by contacting Customer Service using the details below.
Changes to our Terms and Conditions
This Pink Energy Drink digital platform reserves the right to make changes to the Terms and Conditions from time to time. If any such changes are made, we will endeavor to give as much notice as we reasonably can. You acknowledge and agree that your continued access to or use of this Pink Energy Drink digital platform will constitute your acceptance of such changes.
Format of this Pink Energy Drink digital platform
Pink Energy Drink is constantly seeking to improve this digital platform in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of this Pink Energy Drink digital platform including content may change from time to time without prior notice.
Images of people or places and other content displayed on this Pink Energy Drink digital platform are either the property of, or used with permission by Pink Energy Drink. You should assume that copyright subsists in everything you see or read on platform's application within the Website, and any other social media platform. You are permitted to view and use images and content for your own personal, non-commercial use as part of your use of this Pink Energy Drink digital platform. Any other use of images and content by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms and Conditions or unless specific permission is provided elsewhere on this Pink Energy Drink digital platform.
Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Pink Energy Drink does not give any commitment that your use of materials displayed on this Pink Energy Drink digital platform will not infringe rights of third parties.
You must not use any registered or unregistered trade marks on this Pink Energy Drink digital platform without either our prior written permission or the prior written permission of the relevant trade mark owner.
Content you share with us
We include features on this Pink Energy Drink digital platform that allow you to share your Content with us and other users of the Site. Please note that by sharing Content through the Site, your Content may become publicly accessible. You grant to Pink Energy Drink and its affiliated entities a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), derive, transmit, display and perform, publicly or otherwise, such Content, in any media now known or hereafter developed, for Pink Energy Drink and/or the affiliated entities' business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law.
The foregoing licenses shall survive any termination of your use of the Site, as further described below. For all of the Content you share through the Site, you represent and warrant that you have all rights necessary for you to grant these licenses, and that such Content, and your provision or creation thereof through the Site, complies with all applicable laws, rules, and regulations and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party, and is furthermore free from viruses and other malware. You further, to the extent permissible by law, irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each item of user content that you submit. Please note that we do not solicit or encourage submissions of Content containing ideas or suggestions relating to the Site, our business or our affiliated entities’ businesses. If you send us any ideas or suggestions, regardless of the topic, we and our affiliated entities will have no obligations with respect to such ideas or suggestions and may use them for any purpose whatsoever.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, obscene, scandalous, inflammatory or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. Pink Energy Drink will fully cooperate with any law enforcement authorities or court order requesting or directing Pink Energy Drink to disclose the identity of anyone posting any such information or materials and reserves the right to remove any such materials at any time from this Pink Energy Drink digital platform. Pink Energy Drink reserves the right to remove any messages or statements or cancel any links as it sees fit.
Links from this Pink Energy Drink digital platform
Your use of and browsing of this Pink Energy Drink digital platform is at your own risk. While Pink Energy Drink endeavors to include accurate and up to date information on this Pink Energy Drink digital platform's application and on any social media platform displayed on the website, and to ensure reliable access, Pink Energy Drink makes no commitment as to access of this Pink Energy Drink digital platform or its accuracy. Pink Energy Drink assumes no liability or responsibility for any errors or omissions in the content of this Pink Energy Drink digital platform. To the extent permitted by applicable law, Pink Energy Drink disclaim all warranties; express or implied, as to the accuracy of the information contained in any of the content on this Pink Energy Drink digital platform and will accept no liability for:
1.any loss or damage arising as a result of problems with access.
2.any loss or damage, which may arise from the use of any of the information contained in any of the materials on this website.provided that we do not limit in any way our liability by law for death or personal injury caused by our negligence.
You are solely responsible for any breach of your obligations under the Terms and Conditions and for the consequences of any such breach. You acknowledge that Pink Energy Drink has the right to seek an indemnity from you for any loss caused to any party arising out of (a) your use of, or activities in connection with this Pink Energy Drink digital platform; (b) any violation of these terms by you or through your account; or (c) any allegation that any user content that you make available or create through this Pink Energy Drink digital platform infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.
Ending your relationship with this Pink Energy Drink digital platform
If you have previously opted-in to receive marketing communications from this Pink Energy Drink digital platform and no longer wish to receive these communications, you must action this opt out by contacting Customer Services using the details below.
Consumers should be aware that an opt-out from marketing communications results in this Pink Energy Drink digital platform suppressing your personal details until further notice. If you wish to have your data permanently deleted, you should contact Customer Services at:
Pink Energy Drink, 43 Bayside Ave, Port Melbourne, Vic 3207. Ph. 1300 989 655
If you believe that the information Pink Energy Drink hold on you is incorrect or incomplete, then you can alter this information at any time by contacting Pink Energy Drink at the address or telephone number above.
Pink Energy Drink reserves the right to terminate your access to this Pink Energy Drink digital platform at any time if you do not comply with these Terms and Conditions or you infringe Pink Energy Drink’s or any third party’s rights in the content provided on this Pink Energy Drink digital platform.
Prize Draws and Competitions
When an opportunity to take part in prize draws or competitions is provided, direct with Pink Energy Drinks or with our Social Media Marketing company, you will be required to accept a separate set of terms and conditions related to the specific competition.