Terms and Conditions

WEBSITE TERMS & CONDITIONS OF USE

  • 1Introduction
    1. The website https://www.barilla.com/en-au (Website) is operated by Barilla Australia Pty Ltd ABN 69 088 421 738 (Barilla Australia, we, us and our). Barilla Australia is a related body corporate of Barilla G. e R. F.lli S.p.A. P.I. 01654010345 (Barilla G.e.R), who operates the global website, www.barilla.com.
    2. By using or accessing the Website, you agree to these Terms and Barilla Australia’s Privacy Policy. You should cease using the Website if you do not agree to the Terms.
  • 2Changes to these Terms
    1. Barilla Australia may change these Terms from time to time, so you should check these Terms regularly.
    2. Your continued use of the Website after any such update will constitute your acceptance of any such changes. Where reasonably possible, we will notify you of any changes to our Terms by including a notice on our home page. It is your responsibility to regularly check the Website for updated versions of the Terms.
  • 3Your use of the Website
    1. Use of this Website and any Barilla Australia page or content on social media channels (including without limitation Facebook, Twitter, Instagram, Tik Tok and YouTube) is subject to these Terms and any other policies displayed by us elsewhere on the Website from time to time.
    2. You must not:
      1. 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;
      2. 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;
      3. restrict, inhibit or interfere with any other user’s use or enjoyment of the Website; or
      4. use the Website for any commercial purpose. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products or services contained within this Website. You may only use the recipes and other content posted on the Website for your own personal, non-commercial use.
    3. The use of this Website is at your own risk.Barilla Australia may change or discontinue any of the content, functionality or other materials displayed on the Website from time to time, or take down the Website, without notice.
  • 4Setting up an Account
    1. In order to use certain features of the Website, you may be required to register and create an account with Barilla Australia (Account).
    2. To create an Account, you must:
      1. be 18 years of age or above;
      2. be resident in Australia and accessing the Website from Australia;
      3. agree and warrant to use the Website in accordance with the Terms and other policies displayed on the Website from time to time.
    3. You will be asked to provide us with personal information such as your [name, email address, date of birth and other contact details] in the Account registration process. We will not be able to register your Account if we do not have this information. We will handle all personal information we collect in accordance with our Privacy Policy.
    4. You must ensure that your Account details are kept up to date.
    5. You are responsible for maintaining the confidentiality of any passwords associated with your Account. You assume full responsibility for all activities that occur in connection with your Account.
    6. When you register an Account, you will be asked whether you wish to opt-out of receiving marketing communications from Barilla Australia. You may unsubscribe from receiving marketing communications from us at any time by changing the preferences in your Account or through the unsubscribe function in any email marketing communication.
  • 5Intellectual property rights
    1. Barilla Australia and its licensors own the intellectual property rights (including but not limited to copyright and trade marks) in the Website and any information and content displayed on the Website, including but not limited to files, text, images, data, sounds, photos and graphics published on the Website (Content).
    2. Your use of the Website and access to any Content does not grant or transfer any rights, title or interest to you in relation to the Website or the Content.
    3. Other than as expressly permitted by law or these Terms, you must not, without the specific prior written consent of Barilla Australia, directly or indirectly:
      1. copy, modify, transmit or adapt the Content or the Website itself or otherwise infringe the intellectual property rights of Barilla Australia or its licensors;
      2. incorporate the Content into any other website or use the Content for any commercial purpose;
      3. store the Content in a retrieval system by any means, including graphic, electronic or mechanical means, photocopying, recording, taping or storage in an information retrieval system; or
      4. use Content in any manner or for any purpose which is unlawful, violates any right of Barilla Australia or its licensors or is prohibited by these Terms.
  • 6User Generated Content
    1. This Website and our social media channels allow users to upload content in connection with the Barilla brand and Barilla products or activities in which Barilla Australia and its customers are involved, including text, commentary, testimonials, photos, graphics, images, audio, video and other information or material (User-Generated Content or UGC).
    2. If you upload UGC to the Website or to any Barilla Australia social media channels, you will be deemed to have consented to this condition 6 by uploading the UGC. If you do not agree to the terms of use of UGC as set out in this condition 6, you should not proceed to upload the UGC.
    3. You must own, or have a licence for, all rights in the UGC, including without limitation intellectual property rights, that you upload to our Website or social media channels. You warrant and represent that all of the UGC is your own work (or is properly licensed to you) and that your use of and licence of it to us does not infringe any intellectual property or other rights of any third party.
    4. You understand and acknowledge that you are responsible for any UGC you submit or contribute and you have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
    5. You understand that the content you post on the Website and any of our social media channels may be viewed by any person. You must not post any confidential, personal or private information unless you are authorised and have all necessary permissions to do so.
    6. If we like your UGC, we may ask for your permission to feature your UGC on our Website, social media channels, or in our marketing, advertising or promotional emails and materials (Marketing).
    7. If you authorise us to use your UGC:
      1. you grant Barilla Australia a non-exclusive, perpetual, irrevocable, world-wide, royalty-free, transferable and sub-licensable licence to use, publish, reproduce and modify the UGC in any manner to be determined by Barilla Australia (including but not limited to in our Marketing) in any media used now or in the future. We may sub-licence this right to our related companies, sub-contractors, licensees, assigns and third party service providers (Barilla Australia Licensees);
      2. Barilla Australia may use, vary, display, modify, reproduce, distribute, disclose, create further works from or edit your UGC in any manner in our discretion;
      3. We will always attribute your UGC to you and you consent to attribution by either your full name or social media handle. You waive any other moral or performers’ rights and any right of confidentiality that you may have in connection with the UGC;
      4. the UGC may be displayed, distributed or used in our Marketing, together with your name and other identifying information provided to us, including without limitation any social media identifier, handle, profile picture or likeness; and
      5. You acknowledge that we are not required to pay or compensate you for our use of the UGC in our Marketing materials.
    8. You agree to release Barilla Australia from any claims, actions or liabilities of any kind whatsoever (whether current or future) related in any way to Barilla Australia’s use of the UGC pursuant to these Terms, except to the extent that such liability arises as a result of, or is contributed to by Barilla Australia.
    9. We will only use your UGC in accordance with our Privacy Policy and in accordance with these Terms.
  • 7Content Standards
    1. UGC uploaded to the Website or our social media channels must not:
      1. be, or contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable or inappropriate, as determined by Barilla Australia;
      2. contain or promote sexual or pornographic material, violence, or any form of discrimination;
      3. infringe any patent, trade mark, trade secret, copyright or other intellectual property or other rights of any other person;
      4. violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or that otherwise may be in conflict with these Terms and our Privacy Policy;
      5. promote any illegal activity, or advocate, promote or assist any unlawful act;
      6. be likely to deceive or impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us; and
      7. involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, advertising or any other form of solicitation or unauthorised communication;

    (together the “Content Standards”).

    1. Barilla Australia may remove, refuse to use or take any other action with respect to any UGC if it is not consistent with our Content Standards or for any other reason at any time in our sole discretion.
    2. By uploading UGC to the Website or our social media channels, you warrant that the UGC complies with the Content Standards, and you indemnify us for any breach of that warranty except to the extent that we caused or contributed to that loss. We may report any breach of your warranty to the relevant law enforcement authorities. In the event of such a breach, your right to use our Website and social media channels will cease immediately.

     

  • 8Privacy
    1. We may collect your personal information through this Website. We collect, use, hold and disclose your personal information so that we can perform our business activities and to administer this Website. We respect your right to privacy, and subject to any agreement that you have with us, you may elect not to provide your personal information to us.
    2. All personal information that you supply in connection with your Account, the booking of events or purchase of products and the Website will be collected, used, disclosed and managed by Barilla Australia according to the terms of our Privacy Policy.
    3. You consent to your personal information being collected, used and disclosed in accordance with these Terms and our Privacy Policy.
    4. You are also responsible for ensuring that any information that you submit to us is accurate, up to date, complete and not misleading. You may update any personal information that we hold about you by contacting us by way of the contact details stated in the Barilla Privacy Policy.
  • 9Cookies
    1. 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.
  • 10Links
    1. The Website may from time to time contain hyperlinks to websites operated by third parties (Linked Sites). Barilla Australia may use Linked Sites to support and administer the products, services and experiences provided to users. However, Linked Sites are not under the control of Barilla Australia.
    2. Barilla Australia is not responsible for, and does not control, approve or endorse, the contents of any Linked Site. Your use of a Linked Site is subject to the terms and conditions of the Linked Site. Any personal information that you provide to a Linked Site will be subject to the privacy policy and practices (if any) of the operator of the Linked Site. To the maximum extent permitted by applicable law, Barilla Australia does not warrant or endorse and will not have any liability to you or any other person for any third party services, content or sites which are provided solely as a convenience to you.
  • 11Product labelling
    1. Descriptions of Barilla Australia’s products contained within the Website do not constitute product labelling. You should store, cook and consume Barilla’s products in accordance with the instructions contained on the cartons and labels found on those products in the country of purchase.
  • 12Bookings and purchases
    1. Barilla Australia may make events, courses and products available for sale on the Website.
    2. You will need to complete the purchase or booking for such events, courses and products though our third party service provider on a Linked Site or otherwise in the manner specified by us from time to time.
    3. By entering into a transaction with Barilla Australia via the Website, a third party Linked Site or otherwise, you agree to the following terms:
      1. we make no undertakings as to the availability of any goods or services advertised on the Website;
      2. you are offering to purchase a product or service for the price advertised at the time of your purchase on the Website;
      3. you agree to the terms of use of the Website and the Linked Site;
      4. you agree to the terms applicable to the purchase of the relevant product or service;
      5. you have the intention of being legally bound by the transaction, upon our acceptance of your offer; and
      6. you are over the age of 18 years and have read and understood the Terms.
    4. Once the purchase is complete, you will receive an email from Barilla Australia (or our third party service provider) confirming receipt of your order.
    5. The agreement to supply you on the terms of your offer will be complete upon the dispatch of the product or the provision of the service purchased. Until that time, we reserve the right to reject the purchase as a result of unforeseen difficulties with supplying the product or service, including in relation to availability or a system error. In these circumstances, we will provide a full and timely refund.
  • 13Suspension or withdrawal of the Website
    1. We do not guarantee that our Website, or any Content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons at any time.
  • 14Online Safety
    1. Barilla Australia wishes the Website and its Social Media Channels to be safe places for you to engage with Barilla Australia and third parties. Barilla Australia will not condone cyber bullying or abuse. We may take any actions required by applicable laws (including the Online Safety Act 2021) and any regulator, which may include suspending or terminating your access to the Website, or providing information required by the regulatory agency.
  • 15Warranties and limitations
    1. To the extent permitted by law:
      1. 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;
      2. 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;
      3. 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;
      4. 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 it is at your own risk; and
      5. 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.
    2. Some laws imply terms and conditions into agreements such as these Terms 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).
    3. 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.
  • 16Limitation of liability
    1. 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.
    2. 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, your use or access of the Website or any violation of any applicable law or these Terms.
  • 17Termination
    1. These Terms are effective until terminated by us. In addition to any other rights set out in these Terms, we may terminate these Terms and your access to this Website in our absolute and sole discretion at any time without notice. In the event of termination, you are no longer authorised to access or use this Website. All restrictions imposed on you, together with all disclaimers, limitations of liability and indemnities set out in these Terms will survive the termination of these Terms and will continue in full force and effect.
  • 18General
    1. 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.
    2. If any provision of these Terms is found to be void, unlawful or unenforceable for any reason, then that portion of the provision which creates the invalidity, unlawfulness or unenforceability will be severable from these Terms and will not otherwise affect the validity and enforceability of any remaining provisions.

These Terms were last updated on 13.08 2021.

 

 

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