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| KELLOGG'S®
INTERNET TERMS OF USE |
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These Terms of Use incorporate the Kellogg
Privacy Policy statement. You should read this
statement in conjuction with these Terms of Use. Please click here to
read the Kellogg Privacy Policy Statement.
All information and services on this Website (www.kellogg.com.au)
and related pages are provided by Kellogg (Aust.) Pty Ltd (ACN 004 110
105)
("Kellogg") and its licensors, suppliers and affiliates.
Kellogg does not charge for any of the information or services on this
Website, but your access is subject to your unconditional acceptance
of the terms, conditions, notices and disclaimers contained in this document
and elsewhere on the Website (known collectively as "Terms of Use").
By accessing this Website you are deemed to have read and accepted each
of these Terms and Conditions. Kellogg reserves the right to amend the
Terms of Use at any time. Parents take full responsibility for their
children's activities online.
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| COMMUNICATION
AND INFORMATION |
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Intellectual Property and Restrictions on
Use of Content
All information, text, graphics, services and advertisements on this Website
("Content") are Copyright ©2001-2002 Kellogg, Kellogg Company
or their licensors and affiliates unless expressly indicated otherwise
on the Website. The Content is protected by Australian and international
copyright and trade mark laws. Content on this Website is published in
real-time, and you must not modify, copy, reproduce, republish, frame,
upload to a third party, post, transmit or distribute this Content in any
way except as expressly provided for on this Website (ie a "download" button")
or expressly authorised in writing by Kellogg. Content offered to you via
a "download" button may be downloaded for your own personal use
only and shared with others for their own personal use.
Strictly on the condition that you keep all Content intact and in the
same form as presented on this Website you may:
1. Using an industry-standard web browser, download and view the Content
for your personal, non-commercial use, or
2. If you are an Internet service and/or access provider, supply the
Content to your subscriber. You must not use this Website in any manner
or for any purpose which is unlawful or in any manner which violates
any right of Kellogg or its affiliates or which is prohibited by the
Terms of Use.
Some of the characters displayed on this Website are registered trade
marks (see below).
The representations of each of these characters (whether registered
separately as trade marks or not) are protected by international copyright
law, and all unauthorised use is prohibited.
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| DISCLAIMER
AND LIMITATIONS OF LIABILITY |
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| The goods and services (including information,
software and other Content) on this Website are provided by Kellogg as
a courtesy, and Kellogg does not charge for anything offered on this Website.
Nevertheless, the Trade Practices Act and similar State and Territory
legislation in Australia may confer rights and remedies on you in relation
to the provision by Kellogg of goods or services on this Website which
cannot be excluded, restricted or modified ("Non-Excludable Rights").
Kellogg does not exclude in these Terms and Conditions or elsewhere any
Non-Excludable Rights, but does exclude all other conditions and warranties
implied by custom, law or statute.
Except as provided for by the Non-Excludable Rights:
a) all goods and
services on this Website are provided "as is" and
without warranties of any kind, either express or implied,
b) Kellogg (and its licensors, suppliers, affiliates and agents) expressly
disclaim all warranties of any kind including but not limited to implied
warranties of merchantability and fitness for a particular purpose,
c) Kellogg does not warrant that any of the functions contained on this
Website or your access to this Website will be uninterrupted or error-free,
that any defects will be corrected or that this Website, the server on
which this Website is stored or the software available for downloading
on the Website are free of viruses or any other harmful components,
d) Kellogg does not warrant or makes any representation regarding your
access to, or the results of your access to, this Website (including
any related or linked websites) or any information on this Website in
respect of correctness, accuracy,timeliness, completeness, reliability
or otherwise, and
e) you (and not Kellogg) assume the entire cost of any necessary verification,
maintenance, repair and/or correction of any relevant information or
other content.
Under no circumstances (including but not limited to any act or omission
on the part of Kellogg) will Kellogg, or any of its licensors, suppliers,
affiliates or agents be liable for any loss of profits or any indirect,
incidental, special and/or consequential damages whatsoever which result
from any use of or access to, or any inability to use or access, this
Website or anything contained on or missing from this Website.
To the fullest extent permitted by law, the liability of Kellogg for
breach of any implied warranty or condition which by law cannot be excluded
is limited at the option of Kellogg to the following:
(A) in the case of services supplied or offered by Kellogg,
(i) the supply of the services again, or
(ii) the payment of the cost of having the services supplied again; and
(B) in the case of goods supplied or offered by Kellogg,
(i) the replacement of the goods or the supply of equivalent goods,
(ii) the repair of such goods,
(iii) the payment of the cost of replacing the goods or of acquiring
equivalent goods, or
(iv) the payment of the cost of having the goods repaired.
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| COMMUNICATIONS
FACILITIES AND INFORMATION |
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| These Terms of Use incorporate the Kellogg
Privacy Policy Statement.
This Website contains electronic communications facilities, personal
webpages and other facilities which provide for feedback by users to
Kellogg, interaction between users and communication to the Internet
community at large ("Communication Facilities").
It is a condition of your use of any Communication Facility and your
access to this Website that you do not do any of the following: restrict
or inhibit any other user from using or enjoying this Website; post or
transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar,
pornographic, profane or indecent information or material of any kind,
including without limitation any transmissions constituting or encouraging
conduct that would constitute a criminal offence, give rise to civil
liability or otherwise violate any applicable law; post or transmit any
material of any kind which violates or infringes upon the rights of any
other person,including material which is an invasion of any privacy or
publicity rights or which is protected by copyright, trade mark or any
other proprietary right, or derivative works with respect thereto, without
first obtaining permission from the owner or relevant right holder; post
or transmit any material of any kind which contains a virus or other
harmful component;post, transmit or in any way exploit any material of
any kind for commercial purposes, or which contains any promotional material
or advertising; or delete any author attributions, legal notices or proprietary
designations or labels in any file that is uploaded.
Kellogg may from time to time monitor or review the contents of its
Communication Facilities. While Kellogg reserves its right to edit, refuse
to post or to remove any information or other content (in whole or in
part) that in Kellogg' s sole discretion is in any way objectionable
or in violation of any applicable law or the Terms of Use, Kellogg has
no obligation whatsoever to monitor any Communication Facility or to
edit, delete or refuse to post such contents, nor is Kellogg responsible
for any contents in any Communication Facilities (including any information,
comments and/or advice). You expressly acknowledge and agree that the
Communication Facilities provide a means of public and not private communications.
It is recommended that parents supervise their children and the information
they place on their own personal webpages.
Kellogg reserves the right to co-operate fully with any law enforcement
authority in any jurisdiction in respect of any lawful direction or request
to disclose the identity or other information in respect of anyone posting
any materials which violate any applicable or relevant law.
Click here to view Kellogg's Privacy
Policy
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| ADVERTISEMENTS
AND HYPERLINKS |
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| As a courtesy this Website contains hyperlinks
and other pointers to Internet websites operated by third parties where
Kellogg believes the content on the linked websites may be of interest
generally to those who visit this Website. While Kellogg endeavours to
review the linked websites with respect to suitability prior to establishing
any hyperlink, these third party websites: a) are not under the control
of Kellogg, and b) may change at any time. Kellogg is not responsible for
the contents of any third party website or any hyperlink contained in any
third party website. The existence of a hyperlink on this Website does
not imply any endorsement of the linked website by Kellogg or its Affiliates.
You link to any such website entirely at your own risk. Kellogg welcomes
comments from users who feel that the content of any linked website is
inappropriate.
This Website may also contain third party advertisements (eg banner
ads) which may contain embedded hyperlinks or which may include referral
buttons to websites operated by third parties or their licensees or contractors.
All third party advertising, if paid for, is paid for by the relevant
third party advertisers and are not recommendations or endorsements by
Kellogg or its Affiliates. Kellogg is not responsible for the content
(including representations) of any third part advertisement on this Website.
You are referred to the relevant advertiser for all information regarding
the advertiser and its products and/or services.
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| MISCELLANEOUS |
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| This agreement will be governed by and construed
in accordance with the laws of New South Wales, Australia. You irrevocably
and unconditionally submit to the non-exclusive jurisdiction of the courts
of New South Wales. If any provision of this agreement is found to be invalid
or unenforceable by a court of law, such invalidity or unenforceability
will not affect the remainder of the agreement which will continue in full
force and effect. |
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| GENERAL
PRACTICES POLICY |
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| Kellogg recognises its obligation to its customers,
community and online visitors to adhere to the highest standards of decency,
fairness, and integrity in all its operations. Likewise, we're dedicated
to the fundamentals of protecting consumer privacy on the Internet, especially
for children. |
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| GATHERING
AND USE OF INFORMATION |
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| Any personal information collected from visitors
to this Website is done on a voluntary basis, and Kellogg does not require
this information to allow access to the Website. Personal information which
Kellogg does receive from any visitor will only be used for internal Kellogg
purposes and will not be sold or provided to any third parties without
the express permission of the visitor.
Personal information may include such things as name, address, e-mail
address and age and may be collected for a variety of reasons including
as required by law on contest entry forms, individual requests for information
from Kellogg or as part of a request to be included in our updates list.
Occasionally we may also ask on a voluntary basis for personal information
for our own internal use (eg for marketing and research), but we still
maintain yours and your children's privacy and will not sell or provide
this to any third parties.
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| INFORMATION
TO THIRD PARTIES |
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| Only those who ask to be added to our updates
list or who ask for information from us will receive e-mail communications
from us. We offer an "opt-out" feature that allows you to advise
us that you and/or your children no longer wish to receive email from us.
You may always ask to be re-included. |
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| COOKIES |
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| Kellogg uses "cookie" technology
to assist in identifying registered users so as to avoid them having to
log-in manually each time they enter the Website. We do not use cookies
to extract any personal information, provide any such information to third
parties or contact you. |
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| LINKS |
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| Kellogg Web Sites may contain "links" to
other sites, and we make every effort to only link to sites that share
our high standards of decency, fairness, and integrity. We try our best
to ensure that these links are safe for children. However, children should
always check with a parent/guardian or adult before linking to any new
sites. Kellogg is not responsible for the privacy practices or content
of companies linked to our website. Before disclosing your personal information
on any other website, we suggest you examine the privacy policies of those
websites. |
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| SECURITY |
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| Kellogg has taken reasonable steps to make
all information received from our online visitors as secure as possible
against misuse, loss and unauthorised access, modification and disclosure.
All information is protected by our security measures, which are periodically
reviewed. |
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| SUMMARY |
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| Kellogg approaches our communications on the
Internet with respect for, and commitment to, individual privacy rights,
and the different sensibilities of our child consumers. We support active
self-regulation of this new environment to ensure that responsible marketers
can maintain the right to use all communication media to interact with
its consumers. |
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