Terms & Conditions | Terms of Use | Accessibility Statement | Privacy

Terms & Conditions

Facebook applications - terms and conditions

This document sets out the terms and conditions (“Terms”) on which you may install and use any Facebook applications made available to you by or on behalf of Cadbury Schweppes (each a “CS Application”).
To avoid doubt, it does not matter whether you install or use a CS Application via a Cadbury Schweppes website or a third party website (including Facebook.com). In all cases, your installation and use of the CS Application is subject to these Terms.
The Terms apply in addition to any other terms and conditions to which you may be subject, such as any Facebook terms and conditions and any other Cadbury Schweppes website terms and conditions.
By installing or using a CS Application, you will be treated as having accepted the Terms. The Terms constitute a legally binding agreement between you and Cadbury Schweppes Pty Ltd (“we” or “us”).
You warrant to us that you have the authority to enter into these Terms.

Changes to the Terms

We may change these Terms from time to time. If we do so, we will post the changed Terms on a nominated Cadbury Schweppes website, together with a notice on the homepage to notify you that the Terms have changed.
If you continue to use any CS Application following a change to the Terms, you will be treated as having accepted that change.

Registration and privacy

In order to install or use a CS Application, we may require you to register with us as an application user. As part of the registration process, you may be required to provide us with personal information, such as your name and email address. If you do not provide us with this information, you may not be able to install or use the application and/or may not be able to access all of the functionality comprised in the application.
Any personal information you provide to us will be handled in accordance with the Cadbury Schweppes privacy policy available at www.cadbury.com.au. Your information will be used for the purpose of enabling you to install and use the selected CS Applications, and may also be used for the other permitted purposes set out in our privacy policy.
You acknowledge that the CS Applications may incorporate (without limitation) some or all of the following functionality:
You may be able to display messages to other Facebook users on your Facebook profile page, based on your chosen application settings.
You may be able to send messages to other CS Application users.
You may be able to receive messages sent by other CS Application users.
By installing or using any CS Application, you will be taken to have consented to receiving messages from other CS Application users and you release us from any liability associated with your receipt of such messages. However, you may at any time opt out of receiving further messages or turn off this functionality, in accordance with the opt-out functionality made available on the Facebook site.

Use of CS Applications

You may only use the CS Applications for your own personal, non-commercial informational or entertainment purposes only.
You must use each CS Application in a responsible manner, and in compliance with all relevant laws, regulations, standards or codes (including Facebook terms and conditions and policies).
If you are under 18 years of age, you must obtain a parent or guardian's consent before accessing, installing or using any CS Application.
You must not:
use any CS Application to send, post, transmit or communicate any information or material that is unlawful, harmful (including any virus), threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent or profane or that could constitute or encourage a breach of any law;
knowingly transmit any virus, worm, trojan horse or other disabling feature to or via any CS Application;
use any CS Application to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth);
use any CS Application other than for its intended purpose and in accordance with its intended operation. In particular, you must not tamper with, modify, amend, disable, manipulate, reverse engineer, decompile, distort or enhance all or any part of a CS Application; or
attempt to do, or permit another person to do, any of the above acts.
We may review, edit or delete any information or material you or others send or communicate using any CS Application, but are not obliged to do so.

Access to the CS Applications

We may withdraw, disable (temporarily or permanently), suspend or terminate access to, modify or vary any CS Application at any time, without notice to you, including if technical problems, irregularities or misuse occurs.
You may also de-install any CS Application at any time, in accordance with Facebook processes and protocols.

No warranties or representations

Each CS Application is made available “as is”. As such, we do not give any warranties or make any representation in relation to any CS Application. In particular, we do not warrant or represent that any CS Application is free from defects, or that it will be available at any time for your install or use, or that it will be compatible with other applications or programs.
We also expressly exclude from these Terms (to the extent permitted by law) all warranties or conditions which may otherwise be implied by law, custom or conduct (“Implied Terms”).
If any Implied Terms cannot be excluded but our liability for a breach of such terms can be limited, we limit our liability to you to (at our sole election) re-supplying the relevant CS Application, or the cost of re-supply.

Your liability to us

You indemnify us and our related bodies corporate from any loss, damage, costs or expenses (including legal expenses on a full indemnity basis) we or they suffer or incur as a result of any breach of these Terms by you or your representatives, including any use of a CS Application which is not in accordance with these Terms.

Our liability to you

We and the other companies in the Cadbury group (each a “Cadbury Company”) do not accept liability for any loss or damage you suffer as a result of installing or using any CS Application, except to the extent that a Cadbury Company is required by law to do so, such as State or Territory fair trading legislation and the Trade Practices Act 1974 (Cth).
In particular, except to the extent required by law, the Cadbury Companies do not accept, and specifically exclude, liability for any business losses, or losses of data or profits, or any other direct, indirect or consequential loss or damage, which you may suffer in connection with our supply, non-supply or defective supply of any CS Application or in connection with your installation or use of any CS Application.

General

If any of the Terms are invalid, unenforceable or illegal in a particular jurisdiction, that term will be struck out for that jurisdiction only and the remaining terms will remain in full force.
The Terms are legally binding and are governed by Victorian law. The Victorian courts (and the courts of appeal from them) have non-exclusive jurisdiction to resolve any disputes arising under or in connection with the Terms.

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