1. Use of Website
1.1 This World Wide Web Site (the Website) is operated by us.
1.2 The Website is only open to residents and businesses in New Zealand.
1.3 We may at any time change these Terms and Conditions of Use and you should therefore periodically visit this page to review the current terms to which you are bound.
1.4 Unless otherwise noted, you should assume that the copyright in everything you see or read on the Website including in any designs, text, graphics, source code, or software belongs to us. Your access to it does not imply a license to reproduce and/or distribute this information which means that you cannot reproduce, modify, publicly display or distribute the contents of this Website without our prior written consent.
1.5 You may use this Website for your own personal, non-commercial information for entertainment and reference purposes only.
1.6 You may not use any third parties’ likeness, names, and/or properties that may appear on the Website without their express permission.
1.7 You may not send any material to the Website that is unlawful, harmful (including any virus), threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent or profane or that could constitute or encourage a violation of any law.
1.8 We may review, edit, or delete materials you or others send to this Website, but are not obligated to do so.
2. Accuracy, completeness and timeliness of Information
2.1 We are not responsible if the information that we make available on this Website is not accurate or complete. Any reliance on the material that appears on this Website will be at your own risk. You agree that it is your responsibility to monitor any changes to the material and the information contained on this Website.
3.1 In applying for registration to this Website, it is your responsibility to supply us with sufficient Information. We are entitled to deny an application for registration due to insufficient information supplied by you, where we consider such information is important and is reasonably obtainable by you.
3.2 Any information collected by us will be used to determine or confirm your details and/or to ensure that your application is satisfactory to us.
3.3 You authorise us and our employees, agents, suppliers or delivery people for the purpose of the performance of our obligations to access any information supplied by you or collected by us and accept that such information may be forwarded on to a credit referral agency.
3.4 We will advise you of whether or not your application for registration has been accepted.
3.5 We have the right to refuse your registration or, at any time, cancel your registration for any reason whatsoever, including if technical problems, irregularities or misuse occur, without notice or liability. You acknowledge that we are not obliged to disclose the reason for any such refusal or termination.
4. Intellectual property rights
4.1 You acknowledge and agree that the copyright and other intellectual property rights in this Website and in all information and materials on this Website (Website Content) are owned by us, our suppliers or licensors unless expressly indicated. The Website Content is protected by New Zealand and international copyright and trademark laws.
4.2 You agree that you will not do any of the following without our written permission:
(a) use our, The Coca-Cola Company’s or any other party trademarks, except for printing out a copy of this Website or as part of a reference to our products or services;
(b) reproduce, copy, modify, merge, adapt, translate, re-publish, frame, upload to a third party, post, transmit, broadcast, communicate to the public or otherwise make the Website Content available to the public;
(c) transmit or display the Website Content on any computer, system or network which permits electronic access by more than one user at a time;
(d) use, sell, assign, rent, sub licence or otherwise deal with the Website Content except as permitted by these Terms and Conditions of Use; or
(e) anything else which would infringe our rights or the rights of our content suppliers.
4 .3 You may view this Website using a web “browser” so long as you do not change the form of copyright and other proprietary notices. If you are interested in a piece of Website Content for your personal, non-commercial use, you may save a single copy, print one or download one.
4.4 Images of people and/or places displayed on the Website are either the property of, or used with permission by, us. The use of these images by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms and Conditions of Use or specific permission provided elsewhere on the Website. Any unauthorised use of the images may breach copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
5. Third party links and advertising
5.1 We provide hyperlinks to third party sites (Linked Sites) for convenience only, and the inclusion of the hyperlink does not imply any endorsement of the Linked Site by us. In addition, the inclusion of third party advertising on this Website (whether with or without hyperlinks) is not an endorsement or recommendation of the third party advertiser by us.
5.2 You acknowledge and agree that Linked Sites are not under our control and that we are not liable or responsible for:
(a) any act, omission or negligence of any person who administers or owns any Linked Site;
(b) the copyright compliance, legality or decency of any Linked Site;
(c) the accuracy or reliability of any information provided by any Linked Site;
(d) any goods or services provided by any person who administers or owns any Linked Site; or
(e) the performance of any obligations owing to or by any person who administers or owns any Linked Site.
6. Submitted information
6.1 Any information you provide to us through or in connection with this Website will be treated as non-confidential and non-proprietary. Anything you transmit or post becomes our property and we are free to use the information for any purpose.
6.2 You agree that no submissions provided by you to the Website will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You are and will remain solely responsible for the content of any submissions you make.
7.1 Where your application for registration is accepted by us, you will be issued with a password that must be used when accessing your internet account.
7.2 You are solely responsible for maintaining the confidentiality of your password. You must not disclose your password to any third party at any time for any reason whatsoever. If the password is disclosed to any third party at any time for any reason, then you are liable for any consequences. You undertake to notify us of any such disclosure and arrange to alter the password immediately.
7.3 You will indemnify us and our agents against any claims or damages arising from the misuse of your internet account whatsoever.
8. Indemnity and limitation of liability
8.1 By using this Website, you agree to indemnify, defend and hold harmless us from all damages, costs and expenses, including reasonable lawyer’s fees and costs, arising out of any of the following:
(a) any claims for infringement of intellectual property rights, libel, or defamation relating to any materials you send to the Website;
(b) any activity relating to your internet account, including negligent or wrongful conduct by you or anyone using the Website through your internet account;
(c) your breach of any provisions of these Terms and Conditions of Use;
(d) any other matter regarding this Website and your use of it.
You agree to use best efforts to cooperate with us in the defence of any such matter. We reserve the right, at your expense, to assume the exclusive defence and control of any matter subject to indemnification by you.
8.2 You agree that your use of the Website is at your sole risk and that you are responsible for all costs associated with your access to, or use of, the Website. We, our directors, employees or any other representative will not be liable for any damages, losses, costs, claims or demands of any kind, whether direct, indirect, compensatory or consequential, related to your use of this Website or the information content, materials or products included on this Website.
8.3 These Terms and Conditions of Use are governed by laws of New Zealand and any dispute will be resolved exclusively by the courts of New Zealand.
9. Changes to these Terms and Conditions of Use
Everything on the Website is provided on an “as is” and “as available” basis without any representation, endorsement or warranty of any kind, either express or implied, including, but not limited to, warranties of title, merchantability or fitness for a particular purpose or non-infringement.
Date Last Revised: August 2013