The website www.barillaaus.com (Website) is operated by Barilla Australia Pty Ltd ABN 69 088 421 738 (Barilla Australia). By using or accessing the Website, you agree to these terms and conditions. If you don’t agree to these terms and conditions, please don’t use or access the Website. Barilla Australia may change these terms and conditions from time to time, so you should check these terms and conditions regularly.
2 Intellectual property rights
Barilla Australia and its licensors own the intellectual property rights (including copyright and trade marks) in the Website. You must not copy, modify, transmit or adapt the contents of the Website or the Website itself or otherwise infringe the intellectual property rights of Barilla Australia or its licensors. You may use the recipes posted on the Website for your own personal, non-commercial use.
If you post any content on the Website, you grant Barilla Australia a non-exclusive, perpetual, irrevocable, world-wide, royalty-free licence to use, publish, reproduce and modify that content for any purpose. You warrant that you own the intellectual property rights in any content you post on the Website and that it does not infringe any third party’s intellectual property rights. If this warranty is not true, then you indemnify Barilla Australia against any loss which it may suffer as a result.
3 Your use of the Website
You must not:
- use the Website in a manner that violates a law or regulation of any country or may cause harm, distress or loss to any person;
- disrupt, interfere with, reverse engineer or compromise the security of the Website or any software or hardware connected to or used to provide the Website; or
- restrict, inhibit or interfere with any other user’s use or enjoyment of the Website.
During your use of the Website, Barilla Australia may issue and request cookies to and from your computer or mobile device. By using the Website you authorise Barilla Australia to issue and request such cookies.
7 Warranties and limitations
To the extent permitted by law:
- all statutory and implied guarantees, warranties and conditions of any kind in connection with the Website and its contents are expressly disclaimed. Barilla Australia does not exclude any statutory or implied guarantee, condition or warranty which cannot be lawfully excluded;
- Barilla Australia does not warrant that your access to the Website will be uninterrupted or that the Website will operate error free, that any defects will be corrected or that the Website and their servers are free of computer viruses, trojans, spyware and other harmful material;
- Barilla Australia does not warrant that it will be able to prevent any unlawful, harmful or inappropriate use, modification or alteration of the Website, or that it will give notice of such use, modification or alteration;
- Barilla Australia does not warrant or make any representations about the correctness, accuracy, timeliness, completeness, reliability, quality or otherwise of the Website or its contents. Your use of the Website and the information on them is at your own risk; and
- the Website and its contents are provided on an “as is” basis without any warranties of any kind. Barilla Australia may change the Website or limit or terminate your access to the Website at any time without notice.
Some laws imply terms and conditions into agreements such as these terms and conditions that cannot be excluded. If Barilla Australia breaches a non-excludable term or condition, it will be liable for that breach. However, if Barilla Australia is allowed to limit its liability for that breach under the relevant law, Barilla Australia’s liability will be limited to supplying the same services again or paying the cost of having the services supplied by someone else (at Barilla Australia’s option).
Barilla Australia makes no representation that the content of the Website complies with the laws of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.
8 Limitation of liability
To the extent permitted by law and without limiting any non-excludable consumer rights you may have, Barilla Australia will not be liable for any direct, indirect, incidental, special, consequential or punitive loss or damage, loss of profits, revenue, expectation, business, savings, data or unavailability of systems or other loss, whether arising under contract, statute, tort (including negligence) or otherwise, in connection with the Website, or any use of or access to, or any inability to use or access, the Website.
You will indemnify Barilla Australia against any claims, proceedings losses, liabilities, costs or other expenses (including legal costs) incurred by Barilla Australia in connection with, whether directly or indirectly, your breach of these terms and conditions, your use or access of the Website or any violation of any applicable law or these terms and conditions.
9 Applicable law
By using the Website, you agree that any claim or dispute arising in connection with these terms and conditions, or your use of the Website, will be resolved in accordance with the law applying in the State of New South Wales and under the exclusive jurisdiction of the courts of that State and of the Commonwealth of Australia.
These terms and conditions were last updated on 2 December 2016.