TERMS OF USE
Mulberry Street Pty Ltd ABN 79 116 136 273 is referred to on the website and its content as “Mulberry Street“ and/or “Mulberry Street Pty Ltd.”
Any reference to “we,” “our” or “us” on the website or its content is a reference to (i) Mulberry Street Pty Ltd and its related bodies corporate, affiliates and similarly-related entities, related parties and related persons (collectively, “Related Parties”) and (ii) Mulberry Street’s and its Related Parties’ directors, officers, shareholders, employees, partners, managers, members, agents, advisers, consultants or representatives (collectively, “Representatives”).
Any reference to “you” or “your” on the website or its contents is a reference to you, your Related Parties and your Representatives.
The following terms of use (“Agreement”) reflect the terms and conditions under which you agree to access and use the website and all of its content (the “Site”). Each time you access the Site, you acknowledge and agree that you have read, understood and agree to be legally bound by this Agreement. If you do not accept this Agreement or do not agree with any of the terms of use set forth in it, you are not granted permission to access the Site and you are required to immediately refrain from accessing and/or using the Site. Mulberry Street reserves the exclusive right to amend this Agreement at any time and without prior notice, and every use of the Site thereafter constitutes your acceptance of such amended Agreement.
Permitted Uses
Mulberry Street permits you to temporarily view, store, bookmark, download, copy and print pages from the Site for your personal and non-commercial use only. For the avoidance of doubt, this limited, revocable, non-exclusive and non-transferable right granted to you does not permit you, in any circumstance, to commercially exploit the content or information on the Site, or to post it on any other website or on any social media platform, medium or forum.
Prohibited Uses
You are not permitted to: (i) link other websites to the Site; (ii) imply or suggest that Mulberry Street has endorsed, or is affiliated with, such websites; or (iii) display the Site as “framed” within another website, unless (in each such case) Mulberry Street has provided its prior written consent to any such proposed action.
You are not permitted, in any circumstance, to: (i) remove or obscure any notice or legend including, without limitation, any copyright notice or trade mark notice contained on any page downloaded, copied or printed from the Site in the limited circumstances set forth above under the heading “Permitted Uses;” (ii) use any spider, robot, other automatic or manual device or process to monitor, "mine" or copy pages on the Site; (iii) use any software, routine, device or process to interfere or attempt to interfere with the proper working of the Site or inhibit any others from using the Site; (iv) take any course of action (through access or use of the Site) that imposes an unreasonable load on Mulberry Street's systems or infrastructure; (v) transmit any bug, virus, trojan horse, worm, time bomb or similar program or system interference to, from or through the Site; (vi) violate (either directly or indirectly) or assist or encourage others to violate, through any course of action involving the Site, any applicable law of Australia or any other applicable law, rule, regulation, order or treaty, or the contractual, intellectual property or other rights or interests of Mulberry Street or any other person; or (vii) otherwise attempt to violate the security of the Site or attempt to gain access to and/or use the information, identities, equipment or infrastructure of others through the Site.
Intellectual Property Rights
All content and information on the Site including, without limitation, all trade marks, service marks, trade names, copyrights, logos and other intellectual property rights, text, graphics, audio, video, design, software code and other works of authorship are owned by, controlled by or licensed to Mulberry Street Pty Ltd ABN 79 116 136 273 and are protected by trade mark and copyright laws of Australia and other applicable laws and treaties.
“Mulberry Street” is an Australian trade mark registered with IP Australia (the Australian Government agency that administers intellectual property rights) by Mulberry Street Pty Ltd ABN 79 116 136 273 and this, along with all other trade marks, logos and services marks displayed on the Site are trade marks belonging to, controlled by, or licensed to Mulberry Street Pty Ltd (collectively the "Trade Marks").
Prickly Pear Trading Company, Prickly Pear Cider Company, Prickly Pear Ale Company, Prickly Pear Gin Company, Prickly Pear Vodka Company, Prickly Pear Martini Company, Prickly Pear Margarita Company and Prickly Pear Sake Company are trade names registered by Mulberry Street with the Australian Securities & Investments Commission ("ASIC"). Relevant trade marks are pending registration.
Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trade Marks displayed, without the prior written consent, in each and every instance, of Mulberry Street. Any and all goodwill generated from the use of the Trade Marks inures to the benefit of Mulberry Street. The Trade Marks may also be registered in foreign countries where deemed reasonably necessary or appropriate by Mulberry Street.
No Financial Product Advice
The information provided on the Site is general information only and is not financial product advice. It is not intended to be a recommendation by Mulberry Street, any of its associates, or any other person to invest in any financial product. The information on the Site does not constitute an offer or invitation to purchase any financial product and it does not take into account any investment objectives, financial situation or particular needs of any person. Before making any investment decision, you should consider if any investment you are considering is appropriate for you and obtain financial advice tailored to you having regard to your individual objectives, financial situation and circumstances and particular needs.
No Legal Advice
This Site is provided for informational purposes only and only contains general information, and is not to be construed as providing legal advice.
As the law differs in each legal jurisdiction in Australia, and may be applied or interpreted differently depending on your location, the material on the Site is not to be used as a substitute for legal advice tailored to your individual situation.
Access to the material on the Site does not create or constitute a solicitor-client relationship between you and us.
Hyperlinks
The Site may contain hyperlinks to or from other websites. The inclusion of any such hyperlinks on the Site is provided merely for the convenience of users of the Site and in no way implies any endorsement, approval, sponsorship, representation or warranty by us with respect to such linked websites (or the contents, products or services contained on or accessible through such websites), or any association or relationship between us and the person(s) sponsoring the linked websites. We do not monitor or review any websites linked from or to the Site and accordingly we are not responsible for the information on, and content of, any such websites, and cannot be held responsible for such information, content, products or services contained on or accessible through such websites, and thus will not be liable in any respect whatsoever for any losses, claims, penalties, liabilities, expenses, fines, costs, interest, legal fees or damages including, but not limited to, any direct, indirect, punitive, special, incidental or consequential damages (collectively, “Losses”) arising from your access to such websites. Your following of hyperlinks from or to such websites is done at your sole risk, and we disclaim all responsibility for the privacy policies and other customer information practices of websites linked to or from the Site.
Disclaimer of Representations and Warranties
We make no, and expressly disclaim each (to the fullest extent permitted by applicable law) representation and warranty of every kind and nature whatsoever, whether express or implied, as to: (i) the timeliness, reliability, completeness, accuracy, availability or any other characteristic of the information or content presented on the Site, which is provided to you “as is;” and (ii) merchantability, fitness for a particular purpose, title and non-infringement.
Further, given that electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the Site (or made via the Site) may not be secure, we are unable to warrant that the information on the Site is accurate, reliable or correct or that the Site is free of viruses or other harmful components.
Limitation of Liability
SUBJECT TO ANY APPLICABLE LAW TO THE CONTRARY WHICH CANNOT BE EXCLUDED, IN NO EVENT SHALL WE BE LIABLE TO ANY PARTY FOR ANY LOSSES ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE, INABILITY TO ACCESS OR USE, OR DISTRIBUTION OF THE SITE OR ANY CONTENT OR INFORMATION OBTAINED FROM OR THROUGH THE SITE, REGARDLESS OF WHETHER OR NOT ANY SUCH LOSSES ARE FORSEEABLE.
Indemnification
As consideration for your access to the Site, you agree to indemnify and hold harmless Mulberry Street, its Related Parties and their respective Representatives (collectively, the “Indemnified Parties”) from and against any and all Losses incurred or suffered by any such Indemnified Parties arising out of, or in connection with: (i) any decisions that you make based on your access to or use of the Site, or of any information or content on the Site; or (ii) any violation by you of the terms of this Agreement, unless in each case prohibited by applicable law.
Jurisdiction
The Site is not intended to be used by, nor is the content intended to be distributed to or accessed by, any person or entity in any jurisdiction or country where such use, distribution or access is contrary to relevant local laws, rules or regulations or otherwise subjects Mulberry Street, its Related Parties or their respective Representatives to any local registration, licensing or other formal legal or regulatory requirement. In addition, where use, distribution or access of specific pages or information on the Site would contravene local laws, rules or regulations in any jurisdiction or country, those pages or information are deemed to be excluded for purposes of such use, distribution or access in that country or jurisdiction. Mulberry Street reserves the right to limit access to the Site at any time to any particular person, geographic region or jurisdiction. Users of the Site who choose to access the Site from locations outside Australia do so on the understanding that they are solely responsible for establishing the legality, usability and correctness of any content on the Site under the relevant laws, rules and regulations of the applicable jurisdiction.
Governing Law and Forum
This Agreement shall be governed by, and construed in accordance with, the laws of the Commonwealth of Australia. By accessing the Site you have agreed that any legal action relating to or arising from this Agreement shall only take place in the Commonwealth of Australia, and you consent and submit to the exclusive personal jurisdiction of those courts and you expressly waive trial by jury in any such action.