CCO refers to
Affiliated Entities refers to any direct or
indirect parent, subsidiaries, sponsors or affiliated companies of CCO and
shall include, but not be limited to, The
This Site is owned and operated by CCO. CCO provides marketing and technical services in New Zealand and the Pacific Islands on behalf of TCCC. This Site features both locally written and globally sourced articles. The information contained in the global articles featured on the Site or accessible via links to other TCCC sites is provided for your general information only. Food regulations and therefore, in some instances, product ingredient differ from country to country. Statements contained in global articles regarding product ingredients, nutrition information, efficacy or any other product representation should not be relied on in relation to beverages manufactured and sold under TCCC brands in New Zealand and the Pacific Islands.
1.You Agree to These Terms by
Using this Site
2. Ownership of Content
The Site and all of its contents including, but not limited to, all text and images ("Content") are owned (and protected by copyright) by CCO or Affiliated Entities or others with all rights reserved unless otherwise noted. Any Content that is a trade mark, logo, or service mark is also a registered or unregistered trade mark of The
3. Your Use of the Site
CCO grants you permission to use the Site as follows:
· you may not download or use images of people or places that are located outside of the “Press Center” or “Health Professional” sections of the Site without CCO’s written permission;
· The only Content you may download from this Site is Content that is made expressly available for downloading, such as screensavers. You may download such Content for non-commercial, personal use, and provided that you also retain all copyright and other proprietary notices contained in the Content;
· Content within the "Press Center" section of the Site may be reproduced solely for editorial purposes in daily newspapers, general circulation news magazines, trade publications and broadcast media;
· Content within the “Health Professionals” section of the Site may be reproduced solely for educational purposes;
· you must comply with all applicable laws, rules and regulations while using the Site;
· you may not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without CCO’s written permission;
· you are prohibited from using the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. CCO will fully cooperate with any law enforcement authorities or any court order requesting or directing CCO to disclose the identity of anyone posting or transmitting any such information or materials;
· you are prohibited from using the Site to impersonate any person or entity, including any Site moderator or any representative of CCO or its Affiliated Entities, or falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with the Site, or stating or implying that we endorse any statement you make;
· you are prohibited from using the Site to advertise or perform any commercial solicitation;
· you are prohibited from using the Site to post or transmit any virus, worm, Trojan Horse, easter egg, time bomb, spyware or other computer code, file or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
· you are prohibited from using the Site to violate the legal rights of others or harvest or collect personally identifiable information about users of the Site;
· you are prohibited from restricting or inhibiting any other person from use of the Site, and from interfering with or disrupting the operation of the Site or the servers or networks used to make the Site available or violating any requirements, procedures, policies, or regulations of such networks;
· you are prohibited from modifying, adapting, translation, reverse engineering, decompiling, disassembling, damaging, disabling, overburdening, or impairing any portion of the Site;
· you are prohibited from taking any action to circumvent or defeat the security or Content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Site; and
· you are prohibited from removing, obscuring, or altering CCO, The Coca-Cola Company’s or any third party’s copyright notices, trade marks, or other proprietary notices affixed to or contained within or accessed in conjunction with or through the Site.
4. Software, Services, Challenge Submissions and User Content
CCO may from time to time provide users of the Site with access to certain specialised content and interactive services through which you are able to display or post information and materials (such content and services, collectively, the "Services"), and certain software tools that can be used for various purposes, including to play music provided by the Site, to interact with other Site users or to create content (the foregoing software and tools, collectively, the "Software").
The Services and Software, the information and materials made available through the Site and all software used to make the Site available are and shall remain the property of CCO and its licensors and suppliers, and are protected by copyright, trade mark, patent, and/or other proprietary rights and laws. Subject to your compliance with this Agreement, and solely for so long as you are permitted by CCO to access and use the Site, you may view the Content on this Site and download one (1) copy of any Software on the Site to which we provide you access to download, on any single computer, solely for your personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Except as otherwise expressly authorized in writing in advance by CCO, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble any Services or Software, all or any part of the Site, or any materials made available through the Site. Certain Software may be governed by an additional end user license agreement or "EULA" to which you may be required to agree before using such Software.
With respect to information or materials that you choose to display or post on any interactive services of the Site ("User Content"), where available, you grant CCO and the Affiliated Entities a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), derive, transmit, display and perform, publicly or otherwise, such User Content (including without limitation your voice or likeness as embodied in such User Content), in any media now known or hereafter developed, for CCO’s and the Affiliated Entities' business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law. The foregoing licenses shall survive termination of this Agreement for any reason. For each item of User Content, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section (including without limitation rights in any musical compositions and/or sound recordings embodied or embedded in any User Content), and that such User Content (as applicable), and your provision or creation thereof through the Site, complies with all applicable laws, rules and regulations and does not infringe or otherwise violate the copyright, trade mark, trade secret, privacy or other intellectual property or other rights of any third party. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each item of User Content that you may have under any applicable law under any legal theory.
Please note that other Site visitors may post messages or make statements in the Services that are inaccurate, misleading, deceptive, or offensive. The opinions expressed in the Services reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of CCO or any Affiliated Entity.
CCO and the Affiliated Entities do not endorse any opinion, advice, information or statements made in any Services by third parties. We will moderate the Site regularly and will remove any content that may put us in legal jeopardy. This includes:
· potentially defamatory comments;
· material or links posted in potential breach of copyright;
· potentially misleading statements (including unsubstantiated health claims);
· material that breaches advertising standards or codes of practice;
· material that is offensive, threatening, abusive, racist, indecent, sexist or harassing in any way; or
· material that portrays or condones the consumption of alcohol or illegal substances or breaches our own marketing standards including not marketing to children.
IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN ANY USER CONTENT, YOU DO SO AT YOUR OWN RISK.
5. Registration; User Names and Passwords
Where available, you may be required to register with CCO in order to access certain areas of the Site. With regard to any such registration, we may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name. You agree to immediately notify CCO of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you "log off"/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
7. Disclaimer of Warranties
THE SITE AND ALL SOFTWARE, SERVICES, CONTENT AND USER CONTENT MADE AVAILABLE THROUGH THE SITE ARE SUBJECT TO CHANGE AND ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Without limiting the foregoing, CCO neither warrants nor represents that your use of the Site, any Software, Services, Content or User Content will not infringe the rights of any third parties nor that the any of the foregoing will be accurate, complete or up-to-date. We use all reasonable efforts to include accurate and up to date information in the Site. However, CCO makes no warranties or representations as to the accuracy, correctness or reliability of the information contained in the Site. Accordingly, CCO assumes no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the content of the Site. Information in the Site is subject to change without notice.
Additionally, with reference to any discussions, chats, postings, transmissions, bulletin boards, and the like that may be on the Site, to the extent permitted by law, CCO assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, contained in any such locations on the Site.
8. Exclusion of Liability
YOUR USE OF THE SITE OR ANY SOFTWARE, SERVICES OR MATERIALS AVAILABLE THROUGH THE SITE IS AT YOUR OWN RISK. NEITHER CCO, NOR ANY OF ITS AFFILIATED ENTITIES, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS SHAREHOLDERS, LICENSORS AND REPRESENTATIVES, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE SERVICES, SOFTWARE, CONTENT OR USER CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, THE SERVICES, SOFTWARE, CONTENT OR USER CONTENT, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER CCO NOR ANY AFFILIATED ENTITY WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE, THE SERVICES OR SOFTWARE, OR RESULTING FROM ANY CONTENT OR USER CONTENT POSTED ON THE SITE BY CCO OR ANY THIRD PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
9. Links to Third Party Sites
The Site may contain links to third party content, or to sites owned or operated by parties other than CCO. Such links are provided for your convenience only. CCO does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, CCO specifically disclaims any responsibility if such sites:
· infringe any third party's intellectual property rights;
· are inaccurate, incomplete or misleading;
· are not merchantable or fit for a particular purpose;
· do not provide adequate security;
· contain viruses or other items of a destructive nature; or
· are libelous or defamatory.
CCO does not endorse the content, or any products or services available, on such sites. If you establish a link to such sites or the Site, you do so at your own risk and without the permission of CCO.
10. Indemnity and Waiver of Liability
agree to defend, indemnify and hold harmless CCO, the Affiliated Entities and
any other party involved in creating, producing or delivering the Site, and
their respective directors, officers, employees, agents, shareholders,
licensors and representatives, from and against all claims, losses, costs and
expenses (including without limitation lawyers' fees) arising out of (a) your
use of, or activities in connection with, the Site, the Services or the
account; (c) any allegation that any User Content that you make available or
create through the Site, the Services or the Software infringes or otherwise
violates the copyright, trade mark, trade secret, privacy or other intellectual
property or other rights of any third party; or (d) any action taken by CCO as
occurred. THIS INDEMNIFICATION AND WAIVER OF LIABILITY MEANS THAT
YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM THE
12. Revisions to the Terms
All content and services made available through the Site that were not made available as of the "LAST UPDATED" date above shall automatically be deemed to be part of the Services when first made available through the Site. Any software or tools made available through the Site that were not made available as of the "LAST UPDATED" date above shall automatically be deemed to be Software for purposes of this Agreement when first made available through the Site.
13. Revisions to the Site
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, the Services or the Software, with or without notice; limit the Site’s availability to any person, geographic area or jurisdiction we choose; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that neither we nor any Affiliated Entity shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, Software, content, Submission, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
14. Law and Jurisdiction
16. Rules for Challenges, Sweepstakes, Contests, Raffles, Surveys and Similar Promotions.
17. Claims of Copyright Infringement.
The Copyright Act 1994 (the "Copyright Act") provides recourse for copyright owners who believe that material infringes their rights under New Zealand copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send CCO a notice requesting that CCO remove the material or block access to it. Notices should be sent to:
Coca-Cola South Pacific Pty Ltd
Level 9, 40 Mount Street
North Sydney NSW 2060, Australia
We suggest that you consult your legal advisor before filing a notice. Please be aware that there are penalties for false claims under the Copyright Act.
18. Information or Complaints.
If you have a question or complaint regarding the Site, please contact us via the Contact Us section of the Site. You may also call Tel: 0800 505 123; Fax: 0800 265 332 or contact us by writing to CCO, The Oasis, Oasis Road, Mount Wellington, Auckland 1641.
19. Void Where Prohibited.
Although this Site is accessible worldwide, it is intended for residents of the Dominion of New Zealand. Not all services discussed or referenced in this Site are available to all persons or in all geographic locations or jurisdictions. In addition, not all persons may be able to participate or win prizes, if applicable, in the Challenges, sweepstakes, contests, raffles, surveys or similar promotions made available through the Site. We reserve the right to limit the availability of this Site and/or the provision of any service to any person, geographic area or jurisdiction we so desire, at any time and in our sole discretion.