Terms of Use

Terms of Use

1. Terms of use

In these terms of use (the/these “Terms of Use”), the terms ‘Sip Ventures’, ‘we’, ‘us’ and ‘our’ means Sip Ventures Pty Ltd (ABN 24 676 599 483) and its associated products and brands. Sip Ventures is a subsidiary of Asahi Holdings (Australia) Pty Ltd (ABN 48 135 315 767).
These Terms of Use set out the terms on which you use the website of YMilk - ymilk.com.au (the “Website”). By accessing and using the Website, you accept that all of these Terms of Use apply. If you do not agree and accept that all of these Terms of Use apply to your use of the Website, please exit the Website immediately and refrain from using the Website in the future.
These Terms of Use should be read together with our Privacy Policy, which explains how we collect, use, disclose and manage your personal information.
We may revise these Terms of Use from time to time. We will display a notice on the Website indicating when any such revisions have been made.
Minors should have the consent of their parent or guardian before providing any personal information to us. Please refer to our Privacy Policy for further information on the collection of personal information.

2. Interpretation

In these Terms of Use:

“Account” has the meaning in clause 3(b);
“Intellectual Property” means all present and future intellectual or industrial property rights (whether or not registered) throughout the world, including, without limitation, in respect of patents, copyright, moral rights, trade names, trade marks, logos, systems, circuit layout, designs, software, plant breeder’s rights, domain names, trade secrets and confidential information;
“Material” means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Website, or otherwise displayed, uploaded or published on, or via, the Website;
“Minor” means a person under the age of eighteen (18);
“Password” is defined in clause 3(b);
“Privacy Policy” means our privacy policy available at [insert link];
“Products” means the products, goods or items listed or advertised on the Website for sale or otherwise;
“Website” has the meaning in clause 1(b);
“you" or "your" means the person or entity accessing, using or relying upon the Website.

3. Your use of the Website

To purchase the Products and services listed or advertised on the Website, you must become a member of the Website.
To become a member of the Website you must open a membership account with us (“Account”) by providing your name, address, telephone number, a valid email address and nominating a password (“Password”). Registration is free.
You will receive an email confirming registration with us after you have created your Account via the Website.
If you do not provide accurate and complete details, we may not be able to activate your membership, or supply Products to you.
You must keep your Account details up to date at all times and your Password confidential and secure.
You may not use one email address to register for multiple Accounts and you must not hold more than one Account at the same time. We reserve the right to refuse registration requests at our sole discretion.
You have sole responsibility for any activity that occurs on or using your Account. You must notify us immediately if you become aware of any security breach or any unauthorised use of your Password or Account.
The Website is for your personal entertainment, information and communication only. This means that all content provided on the Website is for your non-commercial use, and you may not distribute, modify, transmit, reuse, repost or use the content of the Website for public or commercial purposes without the written permission of Sip Ventures. You may not send any material to the Website that:

infringes the intellectual property or other rights of another person;
is otherwise unlawful, harmful (including any virus), threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent or profane or that could be a violation of any law (including encouraging any other person to violate any law). This includes information that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
relates to unlawful conduct;
creates a privacy or security risk to any person, including by soliciting personal information from any person;
solicits money from any person;
is false, misleading or deceptive;
contains financial, legal, medical or other professional advice;
would harm, abuse, harass, stalk, threaten or otherwise offend;
would reflect negatively on us, including our goodwill, name and reputation;
tampers with, hinders the operation of, or makes unauthorised modifications to the Site;
would breach any applicable laws; or
would otherwise result in civil or criminal liability for you, us or any third party.

In using the Website, you must not:

violate any applicable laws, or use the Site for any purpose that is unlawful;
distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;
use any automated system or software to extract data from this Site for commercial purposes;
collect or store data about other users of the Site;
engage in any other conduct that inhibits any other person form using or enjoying the Site;

You agree to indemnify and hold us (including any of our directors, officers, employees and contractors) harmless from:

any claim made by any third party; and
any loss or damage that we may suffer,
arising (directly or otherwise) out of your breach of the restrictions in this clause 2.

Occasionally Sip Ventures will post information to the Website which includes references to third parties which are not associated with or owned by Sip Ventures. You may not use these parties’ likenesses, names, and/or properties without their express permission (to seek this permission you will need to contact these third parties directly).
Any personal information (for example your name, address, telephone number or e-mail address) you submit to the Website will be used by us in accordance with the Privacy Policy. Information which is not personal (including questions, comments or suggestions) will not be covered by the Privacy Policy.

3.Material on the Site

3.1 Ownership of Intellectual Property on the Website

The Website is subject to copyright and other Intellectual Property rights.
Unless otherwise indicated, we own or license from third parties all content on the Website. All content on the Website remains the sole property of the applicable content owner (i.e. Sip Ventures or the third parties from which we license the content) and is protected under all relevant copyright, trade mark, and other applicable laws. Nothing you do on or in relation to the Website will transfer any Intellectual Property rights to you or licence you to exercise any Intellectual Property rights unless this is expressly stated.
Sip Ventures takes the protection of Intellectual Property very seriously. Please be advised that YMilk in their sole discretion, may take all actions to enforce its Intellectual Property rights to the fullest extent of the law.
Except as provided in these Terms of Use, any use or copying of the Website for any purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us at support@ymilk.com.au if you wish to seek such consent. We may revoke any consent we provide at any time and may suspend or deny your access or use of the Website without notice for any reason, including if you breach or we reasonably believe you have breached any of these Terms of Use.

3.2 Material you send to the Site

By providing us with any Material that you send to the Website, you:

grant us a non-exclusive, worldwide, royalty-free, perpetual, licence (including a right of sub licence) to use, copy, modify and otherwise exploit the Material in any form or on any medium and for any purpose; and
warrant that you have the right to grant such licence.

We (or any party we nominate) are entitled to use any or all Material which you send to the Website for any purpose without requesting consent from you or providing you with any compensation. Please keep this in mind when you send any data, questions, comments, suggestions, ideas or other information, Material or property to the Website.
You agree to indemnify and hold us (including any of our directors, officers, employees and contractors) harmless from any claim made by any third party arising out of Material you send to the Website.
We may, without notice to you, review, modify or remove any of the Material you send to the Website in our absolute discretion including where we believe it violates these Terms of Use.

4. Linking to this Site

You must not frame this Website or represent or imply that any part of the Website belongs to anyone other than us.
If we notify you that we object to the manner in which you provide links to this Website, you must immediately cease providing such links.

6. Our rights

The Website is provided by Sip Ventures. We may review, edit or delete materials that any person sends to the Website, but we are not under an obligation to do this.
We may cancel any registration(s) or account(s) (if applicable) on the Website at any time or remove any content you have sent or posted on the Site without giving any notice to you or any other person. We may do this without any liability, and for any reason whatsoever.
We may change information on the Website, these Terms of Use and / or the Privacy Policy, at any time without notice. You should regularly review these Terms of Use and the Privacy Policy for any changes. Changes will be effective as soon as they are posted on the Website, and by continuing to use the Website, you agree to any changes. By providing continued access to the Website, we are providing you consideration for agreement to any changes.

7. Warranties and liability

We try to make the Website and its contents as reliable as possible, but inaccuracies may occur. Because of this, regardless of anything else on the Website or in these Terms of Use, use of this Website is at your own risk.
The Website is provided to you on an “as is” basis, and to the fullest extent permitted by law, Sip Ventures disclaims any and all express or implied guarantees, warranties, representations, statements, terms and conditions regarding the Website.
In particular, and without limiting paragraph (b), we shall not be responsible or liable for any damages due to:

statements, errors or omissions on the site
content infringing any third party rights
viruses or other harmful components that may be transmitted to your computer
your use of the Website being interrupted or any loss, corruption or interception of data sent to or from our Website which occurs outside of our computer systems
linking to any other site, or
any other matter regarding this Website and your use of it.

We recommend that you install and use up-to-date anti-virus, anti-spyware and firewall software on your computer.
Nothing in these Terms of Use excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any legislation which cannot lawfully be excluded or limited, including the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.
We will not be liable for any failure to delay in performing any of our obligations under these Terms of Use if such delay is caused by circumstances beyond that party’s reasonable control.
As a condition of using the Website, you agree to defend, indemnify and hold harmless Sip Ventures and any other related party of Sip Ventures from all damages, costs and expenses including reasonable legal fees and costs, arising out of:

your use of, or activities in connection with, the Website
any breach or violation of any of these Terms of Use
any allegation that any material which you send to the Website or create through the Website infringes or otherwise violates the intellectual property, privacy, or other rights of a third party, or gives rise to a claim of libel or defamation, or
any other matter regarding this Website and your use of it.

You agree to work in cooperation with us in the defence of any such matter. We reserve our rights to assume the exclusive defence and control of any matter (at your expense) subject to indemnification by you.

8. Jurisdiction

We control and operate the Website from Victoria, Australia. All matters relating to the Website are governed by the laws of Victoria, Australia, without reference to any conflict or choice of law principles.
You agree that any legal proceedings relating to the Website will be held in Victoria, Australia and these proceedings will be determined in accordance with Victorian law.
You also agree that the courts of Victoria are an appropriate forum to hear any legal proceeding in relation to the Site.
Please note that we do not warrant or imply that the Website or materials on it are appropriate for use outside of Australia. Information contained in the Website concerning products or services is applicable only in Australia.
If you are located outside of Australia, you are solely responsible for compliance with any applicable local laws.

9. General

If any part of these Terms of Use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
These Terms of Use constitute the entire agreement between us and you in relation to the Website and supersede any other communications or displays between us and you in relation to the Website.
The provisions of these Terms of Use which by their nature survive termination or expiry of these Terms of Use will survive termination or expiry of these Terms of Use
No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.
The word “including” when used in these Terms of Use is not a term of limitation.

10. Contact us

Any customer queries or questions about these Terms of Use should be sent to support@ymilk.com.au.

Date of last revision: 6/12/2024

I have read and agree to be bound by these Website Terms of Use.