1. Mondelez Australia - Terms and Conditions of Use of Website
- This website located at https://www.philly.com.au (Website) is owned by Mondelez Australia Pty Ltd ACN 004 551 473 and Mondelez Australia (Foods) Ltd ACN 004 125 071 ("Mondelez Australia", "we", "us" or "our").
- In consideration for Mondelez Australia providing you with access to the Website, you confirm that the following terms and conditions (Terms and Conditions) govern your access to and use of the Website, and you accept and agree to comply with them.
- Mondelez Australia reserves the right to amend the Terms and Conditions from time to time. Every time you wish to use the Website, please check the Terms and Conditions to ensure you understand the terms and conditions that apply at that time.
2.1 Intellectual Property
- All material on the Website, including the text, code, information, graphics, illustrations, photographs, video, music, sound, trading names, service marks, logos, design, layout, downloads, pricing, products and services (Content) is owned by or licensed to Mondelez Australia.
- You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content for any purpose, other than with our prior written consent, or as permitted by law. All our rights are reserved.
- DAIRY MILK, THE GLASS AND A HALF DEVICE, THE COLOUR PURPLE and associated trade marks, CADBURY DARK MILK and associated devices, PHILADELPHIA and device and PHILLY are trade marks licenced to Mondelez Australia.
- Trade marks used on the Website to describe third parties and their products are trade marks of those third parties and you are not permitted to use them without the consent of those third parties.
2.2 Links and Third Party Content
- You must not link to, frame or mirror any part of the Website without Mondelez Australia’s written authorisation.
- The Website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under the control of Mondelez Australia. Mondelez Australia does not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
2.3 Your conduct
- You must not:
- use the Website in breach of any applicable laws or regulations;
- use the Website for commercial purposes (including for competitive advantage or to the competitive disadvantage of Mondelez Australia);
- use the Website to harm, abuse, harass, stalk, threaten or otherwise offend others; or
- interfere with, disrupt, or create an undue burden on the Website.
- Without limiting the above, you will not and will not permit a third party to:
- misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack;
- use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repacking the Content;
- use, obtain, or attempt to obtain from the Website, information in order to identify or discover pricing, underwriting, rating and related business methodology or systems; and/or
- do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website.
2.4 User Content
- By uploading, transmitting, posting or otherwise making any material including, without limitation, any text, data, photos, personalised content and audio-visual content available via the Website (User Content):
- you retain ownership of the intellectual property rights (if any) in the User Content;
- you grant to Mondelez Australia a non-exclusive, worldwide, royalty-free, transferable, perpetual licence to use, store, reproduce, edit and exploit the User Content in any form, in any media and for any purpose, including the right to sub-licence;
- you unconditionally consent to Mondelez Australia, its successors, assigns and sub-licensees using the User Content in a manner which would (but for this clause) infringe any of your moral rights (as defined by the Copyright Act 1968 (Cth)) in the User Content;
- you acknowledge that, unless we expressly state otherwise at the time you upload the User Content, User Content will be considered non-confidential and may be viewed by the public (including by other users of the Website);
- you warrant that all User Content is your original work and will not infringe any third-party rights (including Intellectual Property Rights, moral rights or privacy rights) or breach any law;
- you warrant that to the extent your User Content contains any personal information or images of any individuals, you have obtained the prior written consent of such individuals for Mondelez Australia (and its sub-licensees) to use such personal information and images as part of the User Content in the manner contemplated by these Terms and Conditions without needing to pay any royalties or other amounts to such individuals; and
- you agree to indemnify Mondelez Australia, our related bodies corporate and each of their respective officers, directors, agents and employees (collectively "those indemnified") from and against any claims or allegations (including all legal fees and costs) made against any of those indemnified by any third party that receipt or use of the User Content by those indemnified infringes any third party rights (including intellectual property rights, moral rights or privacy rights) or breaches any law.
- Mondelez Australia reserves the right to block or suspend any user of its Website, and to modify or remove any User Content without notice. Mondelez Australia also has the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you on the Website constitutes a violation of their rights (including intellectual property rights, moral rights or privacy rights).
- Mondelez Australia is not responsible for, and accepts no liability with respect to, any User Content. Mondelez Australia does not endorse any opinion, view, advice or statement made by any person other than Mondelez Australia.
- We may use third-party vendors to show Mondelez Australia ads on sites on the Internet and serve these ads based on a user’s prior visits to the Website. We may also use analytics data supplied by these vendors to inform and optimise their ad campaigns based on your prior visits to the Website.
- While cookies allow a computer to be identified, they do not contain personal information about a specific individual. For information on cookie settings of your internet browser, please refer to your browser’s manual.
2.6 Disclaimer and Liability
- Mondelez Australia does not guarantee that the Website will be secure or free from bugs or viruses or function without interruption or errors. The Website is provided on an "as is" and "as available" basis. You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software. By accessing the Website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by the Website or by any Third Party Content or Third Party Website.
- To the extent permitted by law, we and our affiliates exclude all warranties, conditions and representations (whether express or implied) that may apply to the Website or any Content on it. We and our affiliates will not be liable to you for any loss or damage of any kind, whether in contract, tort (including negligence), even if foreseeable, arising under or in connection with:
- your use of, or inability to use the Website; or
- your use of or reliance on any Content or material displayed on the Website,
- including any direct, indirect, special, incidental, consequential or punitive damages, which includes, but is not limited to, loss of revenue or profits or business or anticipated savings, loss of use or goodwill or reputation, loss of data, even if such loss was foreseeable.
3. Website Disclaimer
- All material included on the Website is intended to be of a general nature, and is included for general information only.
- Mondelez Australia does not represent or warrant that the information on the Website (including any information about a specific product or type of product) is suitable for any person's specific dietary needs or other requirements. Information on the Website is not intended to, and does not, constitute advice or any statement on which reliance should be placed.
- You should independently assess whether the information on the Website is complete, relevant and appropriate to you and to anyone who you give our products and should take advice from a professionally qualified dietician or other professionally qualified health practitioner on all specific situations, conditions and dietary matters of concern.
4.1 Privacy Collection Statement
- Mondelez Australia may collect, use, store, record and transmit your personal information entered on the Website, or otherwise generated through your use of the Website, in order to:
- provide the Website functionality to you;
- make certain offers and promotions available to you; and
- contact and communicate with you, including via electronic messaging, in relation to your use of the Website.
- If you don't provide any of the information requested, Mondelez Australia may not be able to provide all of the Website functionality, fulfil product orders or otherwise transact with you.
- Mondelez Australia may disclose the personal information it collects about you to members of the Mondelez international group of companies and our or their service providers and suppliers who provide us with (or help us to provide) the Website and our products and services.
- Given the global nature of the Mondelez international group of which Mondelez Australia is a part, your personal information may be transferred outside Australia to Mondelez Australia's related entities and their third-party suppliers located in Asia, Middle East, Africa, Europe, Latin America and North America, New Zealand, Switzerland, Singapore, United Kingdom and United States of America.
- you can seek to access or correct any personal information Mondelez Australia holds about you;
- to complain about a privacy breach; and
- Mondelez Australia will deal with a privacy complaint.
- We can be contacted at 1800 033 275.
4.3 Information collected via the Website
- personal details about you or provided by you - such as your name, contact details, such as your telephone number, postal address and email address, gender, occupation, age, date of birth, your requests, any complaints you may have and any other data Mondelez Australia receive if we communicate with you (including via telephone, email, online or via social media), and any other information you provide;
- preference and activity information – information about your preferences, needs, interests, opinions, activity and behaviour;
- account login information - including any information that is required for you to establish a user account, such as username, password and security question and answer; and
- information collected automatically – including information about your device, IP address, device or service location, and browser, that Mondelez Australia may collect.
4.4 Personal information of third parties
To the extent that you provide Mondelez Australia with any personal information of others, you warrant that you have obtained all necessary consents and other approvals required under applicable laws to provide that personal information to us, and that the receipt, use, disclosure and handling of that information by Mondelez Australia and our service providers in the manner contemplated by these Terms and Conditions will not breach any applicable laws (including the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth)).
You agree to fully indemnify Mondelez Australia and its related entities (Indemnified Parties) and hold each of the Indemnified Parties harmless from any loss, damage, liability, expenses (including legal costs and fees), claim or demand made by any third party suffered by them in connection with:
- your breach of these Terms and Conditions; or
- your violation of any law or the rights of a third party.
If any provision of these Terms and Conditions is found to be invalid by law, that provision is severed and the remainder of the Terms and Conditions remain valid and enforceable.
These Terms and Conditions are governed by the laws of Victoria, Australia and any disputes arising in relation to the Terms and Conditions will be submitted to the non-exclusive jurisdiction of Victoria, Australia.
If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaching these Terms and Conditions, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
If you have any queries regarding these Terms and Conditions, please contact Mondelez Australia on 1800 033 275 (Australia free call) between 9am – 5pm AEST, Monday to Friday.