Terms of Use

These ‘Terms of Use’ were updated in 2010 and comprise the terms on which you use the  www.coca-cola.com.au internet website.

In these Terms of Use:

CCSP refers to Coca-Cola South Pacific Pty Limited (ABN 50 003 029 794), GPO Box 388, North Sydney, NSW 2059.

Program Website refers to this website, www.coca-cola.com.au

Affiliates refers to any direct or indirect parent, subsidiaries, sponsors, or affiliated companies of CCSP and shall include any authorised bottlers of The Coca-Cola Company.

 

1. Your Agreement to these Terms and Your Use of this Program Website

 

Your use of this Program Website, including accessing or browsing the Program Website, is deemed to be your acceptance of these Terms of Use and the Privacy Policy. Please read both of them carefully. If you do not agree and accept, without limitation or qualification, these Terms of Use, please exit the Program Website immediately and refrain from using the Program Website in the future. 

 

You acknowledge that CCSP may conduct competitions and programs via this Program Website, and these will be governed by separate terms and conditions, which will apply to those competitions and programs in addition to these Terms of Use. 

 

Your use of the Program Website is also subject to any other law or regulation that applies to the Program Website, the internet or the worldwide web. 

 

The Program Website and its content are made available for your personal entertainment, information and communication only, and all content is provided for your non-commercial use. You may not distribute, modify, transmit, reuse, repost, or use the content of the Program Website for public or commercial purposes, including the text, images, audio and video without the written permission of CCSP. 

 

The Program Website is intended for use by residents of the Commonwealth of Australia only. All of the terms and conditions found on this Program Website, including those within these Terms of Use are governed by the laws of New South Wales. By entering the Program Website you agree to submit to the exclusive jurisdiction of the New South Wales courts in the event of any dispute. If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use will continue in full force. 

 

Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Program Website by electronic mail or by direct entry or otherwise, will be used by CCSP in accordance with the Privacy Policy. Any other communication or material you transmit to the Website, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary. 

 

CCSP reserves the right to release your private information to authorities and your internet service provider if you conduct any illegal activities or otherwise breach these Terms of Use. 

 

CCSP may at any time revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound. You will be bound by changes even if you do not re-visit this page to re-read this notice.

 

BY USING THE SITE, YOU AFFIRM THAT YOU ARE BOTH A LEGAL RESIDENT OF AUSTRALIA [or NEW ZEALAND] AND YOU ARE THIRTEEN (13) YEARS OF AGE OR OLDER. YOU ALSO AFFIRM, BY ACCESSING OR USING THE SITE, THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT. 

 

2. Coca-Cola Program

 

If you wish to participate in the Coca-Cola Program or in the competitions or offers run in conjunction with the Coca-Cola Program (“the Program”) you must register for the Program. Users of the Program Website who register for the Program will be bound by the Program Terms and Conditions, in addition to these Terms of Use and the Privacy Policy.

 

3. Conduct 

 

You agree not to engage in any activity that is disruptive or is detrimental to the operation or functioning of the Program Website. 

 

Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by CCSP to access and use the Program Website, you may download and view one (1) copy of any content and software on the Program Website to which we provide you access or download, on any single computer, solely for your personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices, unless CCSP permits otherwise. Except as otherwise expressly authorised in writing in advance by CCSP, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble any services or software, all or any part of the Program Website, or any materials made available through the Program Website. Certain software may be governed by an additional end user licence agreement to which you may be required to agree before using such software. 

 

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. CCSP will fully cooperate with any law enforcement authorities or court order requesting or directing CCSP 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 Program Website. 

 

Please note that visitors to the Program Website may post messages or make statements that are inaccurate, misleading, deceptive, or offensive. To the fullest extent permitted by law, CCSP and the affiliated entities neither endorse nor are responsible for any opinion, advice, information or statements made by third parties. Without limitation, CCSP and the affiliated entities are not responsible for any information or materials made available by third parties including without limitation errors or omissions in postings or links or images embedded in messages or profiles) or results obtained by using any such information or materials.

 

4. CCSP’s Liabilities to You 

 

CCSP assumes no liability or responsibility for any errors or omissions in the content of the Website. 

 

Your use of and browsing in the Program Website are at your risk. To the fullest extent permitted by law, neither CCSP nor its Affiliates, nor any of its agencies, nor any other party involved in creating, producing, or delivering the Program Website, is liable for any direct, incidental, consequential, indirect, or punitive damages or losses arising out of your access to, or use of, the Program Website. You are advised that there are risks associated with activities related to the world wide web and incurred by using the internet and world wide web, and these risks arising from your use are borne by you. 

 

CCSP makes no warranty that the Program Website will meet users’ requirements, that the Program Website will be uninterrupted, timely, secure, or error free. Users understand and agree that any information or material and/or goods or services obtained through the Program Website is obtained at the user’s discretion and risk. 

 

CCSP also assumes no responsibility, and shall not be liable for, any damage to, or virus that may infect, your computer equipment or other property on account of your access to, use of browsing in the Program Website, or your downloading of any materials provided that we do not limit in any way our liability by law for death or personal injury caused by our negligence. Everything on the Program Website is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT provided that we do not limit in any way our liability by law for death or personal injury caused by our negligence, to the extent permitted by law. 

 

The Program Website and CCSP oppose the use of unwanted and unsolicited email which deteriorates the performance and availability of the Program Website services. All forms of such email which have the effect of promoting such emails are discouraged and will be removed from the Program Website where detected. CCSP prohibits the use of another internet service to send or post unsolicited emails to drive visitors to your site through the Program Website, whether or not the messages were originated by you, or under your direction or by or under the direction of a related or unrelated third party, and may take any necessary action to stop such activity wherever detected. 

 

CCSP has not reviewed any or all of the sites linked to the Program Website and is not responsible for the content or the privacy policies of any off-site pages or any other sites linked to the Program Website. CCSP does not accept any liability or responsibility for any cookies, data or personal information collected by other linked sites accessed through this site, nor the linked sites.

 

5. Your liability to CCSP 

 

You agree to defend, indemnify and hold harmless CCSP, its Affiliates, and any other party involved in creating, producing or delivering the Program Website, and their respective directors, officers, employees, agents, shareholders, licensors and representatives, from and against all claims, losses, costs and expenses (including without limitation attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Program Website, the services, or the software; (b) any violation of these Terms of Use; or (c) any allegation that any user content that you make available or create through the Program Website, the services, or the software infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.

 

6. Ownership of Content and Intellectual Property 

 

All trade marks are protected from commercial use by third parties. You must not use any registered or unregistered trade marks on the Program Website without either our prior written permission or the prior written permission of the relevant trade mark owner. 

 

You should assume that everything you see or read on the Program Website is copyrighted unless otherwise noted and may not be used except as provided in these Terms of Use or in the text on the Program Website without the written permission of CCSP. CCSP does not warrant or represent that your use of materials displayed on the Program Website will not infringe rights of third parties. 

 

Images of people or places displayed on the Program Website are either the property of, or used with permission by CCSP. The use of these images by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Program Website. Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. 

 

You are also advised that CCSP or its Affiliates, in their sole discretion, may choose to aggressively enforce its or its Affiliates’ intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution or to refer violators to the appropriate authorities in the relevant jurisdiction.

 

7. Breach of these Terms of Use 

 

CCSP may, in its sole discretion, may prevent you from accessing the Program Website or remove and discard any content within the Program Website if, for any reason, including without limitation, if CCSP believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. CCSP reserves the right to contact any authority or other relevant party and disclose any personal information and information, or take legal action, regarding your conduct at the Program Website its sole discretion.