Terms of Use

UPDATED AS OF: 19 April 2011
COMPANY: Cadbury
COMPANY LOCATION: 280 Cumberland St. Dunedin
JURISDICTION: New Zealand
CONTACT US: Consumer Services Department
Address:
PO Box 890 Dunedin
Telephone: 03 467 7800
Toll Free: 0800 223 2879
E-Mail: Click here to email us

Your access to and use of this website and its contents (the “Site”) is subject to the terms and conditions of these terms of use (“Terms of Use” or “Terms”), our Privacy Policy and all applicable laws. By accessing and using this Site, you (the “User” or “you”) accept and agree to these without any limitation or qualification.

PRIVACY POLICY.

We respect concerns about the privacy of your personal information. Please review our Privacy Policy for how we collect, use, disclose and manage your personal information.

GENERAL RESTRICTIONS

You may use this Site for your own personal, non-commercial informational or entertainment purposes only.

You may not copy, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, modify, broadcast or distribute any Site Content in any way, including for any public or commercial purpose whatsoever, without our prior written permission.

You may not use any third parties’ likenesses, names, and/or properties without their express permission.

You may not send any material to the Site that is unlawful, harmful (including any virus), threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent or profane or that could constitute or encourage a violation of any law.

We may review, edit or delete materials you or others send to this Site, but are not obligated to do so.

We may cancel any registration(s) or account(s) on this Site at any time or remove from the Site any content you have sent to or posted on the Site, without notice or liability, for any reason, including if technical problems, irregularities or misuse occurs.

OWNERSHIP OF MATERIAL YOU SEND.

Subject to the application of our Privacy Policy, any material you send to this Site will be deemed non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas or other information, material or property. We (or our designees) will be entitled use any or all of it for any purpose, WITHOUT COMPENSATION TO YOU, including for reproduction, disclosure, transmission, publication, broadcast and posting.

WAIVER.

We try to make the Site and its contents reliable, but inaccuracies may occur. Therefore, regardless of anything else on the Site or in these Terms:

• Use of the Site is at your own risk;
• The Site is approved to you “as is”;
• to the fullest extent permitted by law, we and our Related Parties:
  • Disclaim all warranties regarding the Site, and shall not be responsible or liable for any damages due to:
    • Statements, errors or omissions in the Site;
    • Content infringing any third party’s rights;
    • Viruses that may be transmitted to your computer;
    • Linking to any other site or its nature or contents; or
    • Any other matter regarding this Site and your use of it.

INDEMNIFICATION.

By using this Site, you agree to indemnify, defend and hold harmless us and our Related Parties from all Damages, costs and expenses, including reasonable lawyer’s fees and costs, arising out of any of the following:

• Any claims for infringement of intellectual property rights, libel or defamation relating to any materials you send to the Site;
• Any activity relating to your internet account, including negligent or wrongful conduct by you or anyone using the Site through your internet account;
• Your breach of any provision of these Terms;
• Any other matter regarding this Site and your use of it.

You agree to use best efforts to cooperate with us in the defence of any such matter. We reserve the right, at your expense, to assume the exclusive defence and control of any matter subject to indemnification by you.

OTHER SITES.

This Site may contain links to other web sites that we do not own or operate. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies. Downloading material from certain sites may risk infringing intellectual property rights or introducing viruses into your system. You should note when you leave this Site and read the privacy policies and terms of these other sites. You should also independently assess the authenticity of any website which appears or claims that it is one of our sites (including those linked to through an email).

INTELLECTUAL PROPERTY.

We (or our associated or affiliated companies or third parties who have licensed property (including intellectual property) to the Company or contributed to this Site) (“Content Owner”) own all Site Content. All Site Content remains the sole property of the applicable Content Owner and is protected under all relevant Copyright, trade mark and other applicable laws. Nothing, other than as expressly set out below, on the Site should be construed as granting any license or rights to use or distribute any Site Content, without our express written agreement or of the other applicable Content Owner.

CHANGES

Please note that we may change information on this Site and or these Terms at any time without notice and such changes will be effective immediately upon the posting of the revised Terms. You should regularly review these Terms for any changes. By continuing to use this Site you agree to any changes.

OTHER

Severability. If for any reason, any provision herein is found void or unenforceable, it will be severed to the extent void or unenforceable and the remaining provisions will continue in full force and effect.

Definitions/Interpretation. As used herein:

“Damages” means any and all direct, special, indirect, consequential or punitive loss or other damages of any kind (whether in contract, including fundamental breach, tort, including negligence, or otherwise).

“including” means “including, but not limited to”.

“materials sent to the Site” (and “materials you send to the Site” and other like terms) means anything emailed, uploaded, posted or otherwise transmitted or sent to the Site (whether information, text, material, data or code or other) by you or another user.

“Related Parties” means all of our parent, subsidiary and affiliated companies, Site Developers and other promotional partners.

“Site Developer” means any party involved in creating, producing, delivering or maintaining the Site.

“use of this Site” (and “using” and other like terms) means “any and all use of the Site of any kind whatsoever, including access to, browsing of, reviewing, posting of, transmitting, reviewing, downloading, and other using the Site or any material on the Site.”