TERMS OF USE FOR CADBURY APP


In these terms, 'Mondelez Australia', 'we' and 'us' means Mondelez Australia Pty Ltd.

The following terms and conditions (“Terms of Use”) apply to your access to, and use of, the CADBURY App from your device (“App”) provided by Mondelez Australia, subject also to any other applicable rules or policies, including those applied by the appstore provider or operator from whose site you downloaded this App. Mondelez Australia remains the owner and operator of this App at all times. By downloading the App or clicking on the “Agree” button below you agree to adhere to these Terms of Use. If you do not agree to these terms, we will not license the App to you and you must cease use of and delete the App from your device immediately.

These Terms of Use apply to the App and to any of the functionalities or services accessible through the App, including any updates or supplements to the App, unless they come with separate or additional terms (as will promotions featured on the App) (“Additional Terms”), in which case those terms apply to the extent that there is a conflict between these Terms of Use and the Additional Terms. We may change these Terms of Use at any time by notifying you of a change when you next start the App.

You must be 18 years or older to use the App.

License Grant

Unless otherwise explicitly specified, you agree that all App Content (defined below) is, as between you and Mondelez Australia, owned or licensed by Mondelez Australia.

Subject to compliance with these Terms of Use, Mondelez Australia grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to use the App and download, view and/or play App Content (independently or in connection with Collaborative Content) on a single device. Your right to use the App and App Content is subject to using it for personal non-commercial use only. You agree that your use of the App will not in any way transfer or convey any proprietary interests therein to you. “App Content” means, without limitation, all audio, visual, audiovisual, text, graphics, layout, instructions, images, designs, advertising copy, logos, domain names, trade names service marks and trade identities, any and all copyrightable material (including source and object code), the "look and feel" of the App, the compilation, assembly and arrangement of the App and all other elements and materials featured on and in connection with the App excluding User Materials.


Collaborative Content

Functionality on the App permits collaborative creation of content by users, by applying App Content to User Materials (“Collaborative Content”).

Your contributions to the Collaborative Content are User Materials and you agree that the resulting content is subject to these Terms of Use and that the permission to use the App Content in association with User Materials may be revoked by Mondelez Australia at any time without liability. You may engage in Social Distribution of the User Materials at your sole discretion provided that you comply with these Terms of Use and that you accept that you, and not Mondelez Australia, is responsible for complying with the terms and conditions and privacy policies of the respective third party provider, including but not limited to providers of on-line social sharing platforms and mobile operating systems. You represent that you exclusively own and/or control all right, title and interest in the User Materials (including intellectual property rights) that you contribute to Collaborative Content, and have all necessary third-party consents, if applicable, in order for you to engage in Social Distribution of Collaborative Content.

Social Distribution” means sending Collaborative Content to friends and other contacts by e-mail or other forms of digital delivery; reproducing copies of Collaborative Content for personal use; and posting and displaying links to Collaborative Content on a personal web site or on a third party web site that permits posting of such links at the direction of users subject to its terms and conditions.

"User Materials" means your content, photographs, images and any other material that you use to contribute to Collaborative Content.

You agree to include, and not remove or alter Mondelez Australia trademarks, copyrights or other App Content when displaying any Collaborative Content.

Acceptable Use Restrictions

You agree to act responsibly in relation to your use of the App, and in a manner demonstrating the exercise of good judgment. You agree not to use the App for any unlawful purpose and not to rent, lease, sell, sublicense, assign, reverse engineer, disassemble, modify or transfer the App.

You represent and warrant that the User Materials do not and will not (i) include images or the likeness of any individual other than you (except where you have obtained express permission from such other individual(s)), (ii) contain any personal contact information of you or any other individual (iii) infringe, misappropriate or violate any rights of any third party, including any trademark, copyright, right of privacy or moral rights of any third party; (iv) be defamatory, libelous or threatening (v) contain any nudity sexually explicit content (vi) denigrate any ethnic, racial, sexual or religious group, (vii) encourage or otherwise depict drug use, (viii) make use of offensive language or images, or (ix) promote physical harm of any kind.

Intellectual Property Rights


The copyright in the App and all App Content is owned by or licensed to Mondelez Australia. All rights are reserved. You may be able to view, print, save or download Collaborative Content for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the App Content without Mondelez Australia’s express permission.

You acknowledge that all intellectual property rights in this App or App Content belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the App Content other than the right to use it in accordance with these Terms of Use.

Collection and Use of Personal Information

Unless stated in any Additional Terms, Mondelez Australia will not collect or use any personal data through the App that may be used to identify or contact you.

We may use tools or third-party analytical software to collect and use certain non-personal data that does not enable us to identify you. The types of non-personal data we may collect include but are not limited to:
(i) mobile device type; (ii) mobile device software version; (iii) geographical data (to an extent that it does not constitute personal data) (iv) total time of app usage and usage of filters; (v) other non-personal app data as reasonably required for Mondelez Australia to enhance its features.

Consent for Data Collection and Use

You agree that Mondelez Australia may collect and use non personal data related to your device, operating system and application that is gathered periodically to facilitate the distribution of software updates and other communications related to the App (if any). Mondelez Australia may use this information for continuous improvement of the App. You also agree to allow Mondelez Australia to automatically make updates to this App to ensure that the App remains current and functions properly without your express consent for each update.

Cookies

This App may use technology called “cookies”. A cookie is a small text file that is placed on your hard disk by a web page server. Cookies help provide additional functionality to this App or help us analyse usage of the App more accurately. You have the ability to accept or decline cookies. Most mobile Apps automatically accept cookies, but you can usually modify your browser setting to decline cookies, or receive a warning before a cookie is stored, if you prefer. Please refer to your device’s instructions or help screen to learn more about these functions and to specify your cookie preferences. If you choose to decline cookies, you may not be able to fully experience the interactive features of this App or other mobile App software that you use.

Promotions

Promotions offered via the App will be governed by terms and conditions including disclosures about how your personal information may be used. It is your responsibility to read these rules to determine whether or not you want to and are eligible to participate, register and/or enter, and to determine the applicable terms and conditions of the promotion. By participating in a promotion, you will be subject to those rules, and you agree to comply with and abide by such rules and the decisions of the identified promoter.

Support

Mondelez Australia does not maintain an obligation to provide technical support or maintenance for this App.

Disclaimer

You acknowledge, by your use of the app, that your use is at your risk. To the maximum extent permitted by law, we will not be liable to you for any damages (including, without limitation, for any direct, indirect, economic, exemplary, special, incidental or consequential losses or damages arising out of an action under contract, negligence or otherwise and damages for loss of profit, business interruption, or other pecuniary loss), whether or not in the contemplation of the parties, that are directly or indirectly related to the App; the App Content; your use or performance of the App.

To the maximum extent permitted by law, the App and the functions made available through the App are provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of acceptable quality and fitness for a particular purpose. We do not represent or warrant that the app or the functions contained therein will be uninterrupted, error free, continuously available or free from any harmful components, including without limitation, defects and viruses. We do not make any representations or warranties that the information on the App is accurate, complete, correct, adequate, useful, timely, reliable or otherwise.

Termination

This license is effective until terminated by you or Mondelez Australia which may occur at any time. Upon termination this App must not be used and all copies must be permanently uninstalled.

Jurisdiction


The laws of the State of Victoria and the Commonwealth of Australia govern these Terms of Use.