BARILLA COMMUNITY – MEMBERSHIP TERMS
Barilla Australia Pty Ltd (ACN 088 421 738) (Barilla Australia)
1.1 In submitting your application to become a member of the Barilla Community, you acknowledge and agree that you:
- are over 18 years of age;
- wish to participate in virtual and live events, seminars, classes, excursions, culinary and lifestyle experiences and the Barilla Community social media sites
(Community Events) with the Barilla Community;
- accept any risk involved in participating in the Community Events;
- participate in the Barilla Community and Community Events at your own risk;
- understand that you have a crucial role in minimising and eliminating risks to your own, and others’ health and safety at all times when participating in Community Events; and will comply with the Barilla Australia website Terms.
1.2 To join the Barilla Community, you will need to establish an account through the Barilla Australia Website. You must keep confidential any access details provided to you by Barilla Australia. You must not invite any other person into the Barilla Community without Barilla’s express written permission.
- 2Access to Social Media
2.1 Barilla Australia will provide you with access to and engage with the Community on Barilla Australia’s public social media channels including Facebook, Twitter, Instagram, Tik Tok and YouTube (Social Media Channels) as well as through specific groups within the Social Media channels. Your ongoing right to access and participate in these Social Media Channels and groups is subject to your compliance with these Membership Terms and the terms and conditions of the provider of the Social Media Channel (which are not controlled by us.
2.2 You acknowledge and agree that participation in Barilla Australia’s Social Media Channels requires you to have a social media account with the relevant social media channel, and comply with the terms and conditions applicable to your use of the social media channel as prescribed by the relevant provider of the social media channels. Barilla Australia has no control over access to or use of the social media channels.
- 3Conduct at Community Events
3.1 Community Events may be held online or virtually, using social media, at Barilla Australia’s premises or at the premises of a third party.
3.2 Community Events are opportunities to learn and share experiences. Any inappropriate behaviour (as determined by Barilla Australia) such as discrimination, intolerance, harassment, bullying or abuse, whether in relation to other participants, the public or employees and contractors of Barilla Australia and its partners and collaborators, will not be tolerated. Barilla Australia may take any action deemed necessary in connection with any such conduct, including immediate removal from the Community Event (whether virtual
or physical), cessation of membership as a Barilla Community member and/or termination of your access to the Barilla Australia Website. Barilla Australia may also suspend or terminate your access to any of Barilla Australia’s Social Media Channels and remove any content that is inappropriate or offensive, or otherwise in breach of these Membership Terms or the Barilla Australia Website Terms.
3.3 Community Events may involve activities that carry an inherent degree of risk, such as cooking classes involving dangerous tools or attendance at food manufacturing facilities.
3.4 Prior to each Community Event, Barilla Australia will provide details of the guidelines and expected behaviours that you must follow at the Community Event. There may also be cleanliness and hygiene guidelines that must be followed to ensure the health and safety of all participants. By attending or participating in any Community Event, you agree to abide by all guidelines and instructions advised by Barilla Australia or any third party involved in the administration or provision of the relevant Community Event.
3.5 You must ensure the safety of all other participants at Community Events and follow all reasonable instructions of Barilla Australia at all times during any Community Event.
3.6 Supply of alcohol is limited to persons aged 18 years or above.
3.7 If you bring a guest to a Community Event, you must ensure that your guest is made aware of these Member Terms and the guidelines and expected behaviours at the Community Event. If your guest is under the age of 18 years, you must make this known to Barilla Australia so that Barilla Australia is able to ensure no alcohol is supplied to any person under the age of 18 years.
- 4Participation is at your own risk
4.1 Participation at Community Events, whether you are participating online, virtually, at your own premises, at Barilla Australia’s premises or a third party’s premises, will be entirely at your own risk.
4.2 By becoming a member of the Barilla Community and participating in Community Events, you acknowledge that you may be exposed to risks (not limited to the risks identified by Barilla Australia).
4.3 To the maximum extent permitted by law you acknowledge and agree (for yourself, and your successors, executors, administrators and assigns) that:
- Barilla Australia will not be liable for any personal injury or death, or loss or damage to your possessions in connection with a Community Event;
- Barilla Australia is released and indemnified from any and all claims, demands, proceedings, loss, actions, damages, remedies, costs or other matters arising from or in connection with the conduct of the Community Events and Barilla Community, whether arising from the actions, omissions or negligence of Barilla Australia, other participants or third party service providers, collaborators or partners;
- You hold harmless, release and forever discharge Barilla Australia from all claims, demands and causes of action which you, or any person or entity acting on your behalf may have, by reason of these Membership Terms; and
- You accept full responsibility for your personal possessions during any Community Event.
- 5Content created by the Barilla Community
5.1 As a member of our Barilla Community, you may be involved in engaging with Barilla, the public and other members of the Barilla Community through our Social Media Channels.
5.2 The Social Media Channels allow members of the Barilla Community to upload content in connection with the Barilla Community, Community Events, the Barilla brand and Barilla products, including text, commentary, testimonials, photos, graphics, images, audio, video and other information or material (User-Generated Content or UGC).
5.3 By becoming a member of the Barilla Community you:
- Grant to Barilla Australia a licence to use your UGC in accordance with condition
6.7 of the Website terms; and
- Agree to Barilla Australia’s Website Terms, which, among other things, sets out how any intellectual property rights and UGC created or used in connection with the Barilla Community, are owned and managed.
5.4 Without limiting condition 5.3(2), you agree that your engagement in the Social Media Channels and any UGC that you create will be consistent with the Content Standards. If you become aware of any content or material uploaded by any person in the Social Media Policy that you consider does not meet our Content Standards, please let us know.
- Grant to Barilla Australia a licence to use your UGC in accordance with condition
- 6Photo and video content
6.1 You authorise Barilla Australia (and any of its service providers) to:
- record, film, live stream, photograph or capture your image at Community Events in any media used now or in the future and authorise Barilla Australia to edit, alter, copy, exhibit, publish or distribute such media;
- use and publish your name, likeness, image and voice, for use in any digital product on any platform for any purpose without payment or other consideration; and
- use or publish such finished product and waive any right to inspect or approve the finished product.
7.2 When you participate in Community Events, basic personal details, such as your name, will be shared with fellow participants and third parties, including but not limited to name tags and display names on any online platform on which the Community Events may be conducted. Please let us know if you do not wish your name to be used in this manner.
7.3 As a member of the Barilla Community, Barilla Australia will send you details of Community Events, promotional materials, new product information and other information or material we consider likely to be of interest to you. You may unsubscribe from these publications at any time by using the unsubscribe function in the email communication, or by updating your account details with Barilla.
7.4 As some Community Events involve collaborations with companies outside of Barilla Australia’s group of related entities, some personal data may need to be shared with collaborators and partners to facilitate the organisation of the Community Events. If you register to attend or participate in a Community Event, your personal information may be provided to Barilla Australia’s commercial partners and collaborators for the purpose of administration of the Community Event. Please do not register for any Community Events involving third party collaborators or partners if you do not wish your personal information to be used in this way.
- 8Governing law
8.1 These Membership Terms are governed by the law in force in New South Wales, and are subject to the exclusive jurisdiction of the courts of New South Wales, Australia.