All information and services on this Website (www.kellogg.com.au) and related Kellogg websites are provided by Kellogg (Aust.) Pty Ltd (ACN 004 110 105) ("Kellogg") and its licensors, suppliers and affiliates.
Communications and Information
Intellectual Property and Restrictions on Use of Content
All information, text, graphics, services and advertisements on this Website ("Content") are Copyright ©2001-2002 Kellogg, Kellogg Company or their licensors and affiliates unless expressly indicated otherwise on the Website. The Content is protected by Australian and international copyright and trade mark laws. Content on this Website is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on this Website (ie a "download" button") or expressly authorised in writing by Kellogg. Content offered to you via a "download" button may be downloaded for your own personal use only and shared with others for their own personal use.
Strictly on the condition that you keep all Content intact and in the same form as presented on this Website you may:
1. using an industry-standard web browser, download and view the Content for your personal, non-commercial use, or
Some of the characters displayed on this Website are registered trade marks (see below).
The representations of each of these characters (whether registered separately as trade marks or not) are protected by international copyright law, and all unauthorised use is prohibited.
Disclaimer and Limitations of Liability
The goods and services (including information, software and other Content) on this Website are provided by Kellogg as a courtesy, and Kellogg does not charge for anything offered on this Website.
Nevertheless, the Competition and Consumer Act (Cth) 2010 and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to the provision by Kellogg of goods or services on this Website which cannot be excluded, restricted or modified ("Non-Excludable Rights"). Kellogg does not exclude in these Terms and Conditions or elsewhere any Non-Excludable Rights, but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-Excludable Rights:
a) all goods and services on this Website are provided "as is" and without warranties of any kind, either express or implied,
b) Kellogg (and its licensors, suppliers, affiliates and agents) expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose,
c) Kellogg does not warrant that any of the functions contained on this Website or your access to this Website will be uninterrupted or error-free, that any defects will be corrected or that this Website, the server on which this Website is stored or the software available for downloading on the Website are free of viruses or any other harmful components,
d) Kellogg does not warrant or makes any representation regarding your access to, or the results of your access to, this Website (including any related or linked websites) or any information on this Website in respect of correctness, accuracy, timeliness, completeness, reliability or otherwise, and
e) you (and not Kellogg) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant information or other content.
Under no circumstances (including but not limited to any act or omission on the part of Kellogg) will Kellogg, or any of its licensors, suppliers, affiliates or agents be liable for any loss of profits or any indirect, incidental, special and/or consequential damages whatsoever which result from any use of or access to, or any inability to use or access, this Website or anything contained on or missing from this Website.
To the fullest extent permitted by law, the liability of Kellogg for breach of any implied warranty or condition which by law cannot be excluded is limited at the option of Kellogg to the following:
(A) in the case of services supplied or offered by Kellogg,
(i) the supply of the services again, or
(ii) the payment of the cost of having the services supplied again; and
(B) in the case of goods supplied or offered by Kellogg,
(i) the replacement of the goods or the supply of equivalent goods,
(ii) the repair of such goods,
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods, or
(iv) the payment of the cost of having the goods repaired.
Communications Facilities and Information
This Website contains electronic communications facilities, personal webpages and other facilities which provide for feedback by users to Kellogg, interaction between users and communication to the Internet community at large ("Communication Facilities").
It is a condition of your use of any Communication Facility and your access to this Website that you do not do any of the following: restrict or inhibit any other user from using or enjoying this Website; post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trade mark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder; post or transmit any material of any kind which contains a virus or other harmful component; post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising; or delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
It is recommended that parents supervise their children and the information they place on their own personal web pages.
Kellogg reserves the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
Advertisements and Hyperlinks
As a courtesy this Website contains hyperlinks and other pointers to Internet websites operated by third parties where Kellogg believes the content on the linked websites may be of interest generally to those who visit this Website. While Kellogg endeavours to review the linked websites with respect to suitability prior to establishing any hyperlink, these third party websites: a) are not under the control of Kellogg, and b) may change at any time. Kellogg is not responsible for the contents of any third party website or any hyperlink contained in any third party website. The existence of a hyperlink on this Website does not imply any endorsement of the linked website by Kellogg or its Affiliates. You link to any such website entirely at your own risk. Kellogg welcomes comments from users who feel that the content of any linked website is inappropriate.
This Website may also contain third party advertisements (eg banner ads) which may contain embedded hyperlinks or which may include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising, if paid for, is paid for by the relevant third party advertisers and are not recommendations or endorsements by Kellogg or its Affiliates. Kellogg is not responsible for the content (including representations) of any third part advertisement on this Website. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
General Practices Policy Statement
Kellogg recognises its obligation to its customers, community and online visitors to adhere to the highest standards of decency, fairness, and integrity in all its operations. Likewise, we're dedicated to the fundamentals of protecting consumer privacy on the Internet, especially for children.
Gathering and Use of Information
Any personal information collected from visitors to this Website is done on a voluntary basis, and Kellogg does not require this information to allow access to the Website. Personal information which Kellogg does receive from any visitor will only be used for internal Kellogg purposes and will not be sold or provided to any third parties without the express permission of the visitor.
Personal information may include such things as name, address, e-mail address and age and may be collected for a variety of reasons including as required by law on contest entry forms, individual requests for information from Kellogg or as part of a request to be included in our updates list. Occasionally we may also ask on a voluntary basis for personal information for our own internal use (eg for marketing and research), but we still maintain yours and your children's privacy and will not sell or provide this to any third parties.
Information to third parties
Only those who ask to be added to our updates list or who ask for information from us will receive e-mail communications from us. We offer an "opt-out" feature that allows you to advise us that you and/or your children no longer wish to receive email from us. You may always ask to be re-included.
Kellogg Web Sites may contain "links" to other sites, and we make every effort to only link to sites that share our high standards of decency, fairness, and integrity. We try our best to ensure that these links are safe for children. However, children should always check with a parent/guardian or adult before linking to any new sites. Kellogg is not responsible for the privacy practices or content of companies linked to our website. Before disclosing your personal information on any other website, we suggest you examine the privacy policies of those websites.
Kellogg has taken reasonable steps to ensure all information received from our online visitors is secured against misuse, loss and unauthorised access. All information is protected by our security measures, which are periodically reviewed.
Kellogg approaches our communications on the Internet with respect for, and commitment to, individual privacy rights, and the different sensibilities of our child consumers. We support active self-regulation of this new environment to ensure that responsible marketers can maintain the right to use all communication media to interact with its consumers.