Terms and Conditions
Welcome to the Coca-Cola Christmas in the Park® website and thank you for taking the time to read these website terms and conditions which apply with respect to your use of our website, products and services.
It is important that you read these terms and conditions carefully because by using our website, you will be deemed to have accepted them.
Operation of these terms and conditions
These website terms and conditions will apply to your use of our website and the Content offered or promoted by us on our website.
Certain capitalised terms have the meanings set out in the Definitions section (see clause 24 below).
If you are under the age of 14, you must only use this website with parental or caregiver consent and the parent or caregiver consents to these terms and conditions on your behalf.
Our commitment to you
We will provide the Content with reasonable care and skill, however we do not represent or warrant that this website or access to the Content will:
4.1 operate on a continuous or fault free basis, or at any particular time or location;
4.2 be secure or private; or
4.3 be free of viruses or other harmful features.
- Although we endeavour to keep our website and its Content up to date and accurate, we do not represent or warrant that all Content displayed on our website is up to date or accurate at all times.
Use of our website and its content
- You may only use our website and its Content:
6.1 To learn about us, and the products we offer from time to time;
6.2 To register for services which we offer from time to time, to the extent that we enable you to do any of these activities online;
6.3 As may be expressly directed in our website;
6.4 For your own personal use.
- In order for you to use our services, it may sometimes be necessary
for us to download configuration or other software to your Device. This
may happen automatically when you have requested that one of our
services be supplied to you. You acknowledge and agree that:
8.1 Your right to use such software is limited to being a mere licence (not owner) upon license terms and conditions as may be notified to you by us or one of our third party suppliers at the time the software is downloaded to your Device;
8.2 If these licence terms are not notified to you and are not contained anywhere in the software which is downloaded to your Device, then you will receive a personal, revocable and non-transferable licence to use that software solely for use in conjunction with the relevant product or service which is offered by us and for no other purpose. Any reverse engineering, decompilation, reproduction or redistribution of the software or any component of it is expressly prohibited;
8.3 Your use of the software will be free of charge unless we notify you that there is a charge. We may do this either by displaying the charge on our website or in any other terms and conditions which apply to that software;
8.4 We do not guarantee that any such software will be compatible with, or will operate on your Device; and
8.5 We may revoke your right to use any such software at any time by sending you notice to this effect (whether verbally, electronically, or by letter), and upon receipt of such notice, you will immediately cease using or in any way dealing with the software.
- You must not use our website or any of its Content:
9.1 In breach of any legislative or regulatory provision or for any other unlawful act;
9.2 To damage or disrupt our website or its Content or in any way effect them except to the extent permitted in clause 6 above;
9.3 To access, use or interfere with anybody else's computer system or data whether by hacking or by other means;
9.4 To intercept or in any other way deal with email or other communications which are not intended by the sender to be received by you;
9.5 For sending Spam, chain letters, pyramid schemes, hoaxes or other similar unsolicited communications of any kind;
9.6 To abuse, defame, threaten, stalk or harass others;
9.7 For sending objectionable language, content, or any expressions of hatred, racism or anti-religious remarks of any kind;
9.8 For running any network scanning software, spiders, spyware software, robots, open relay software, or any such similar software;
9.9 For introducing any viruses, worms, trojan horses, time bombs or bots or any other harmful or destructive items or in any other way interfere with our, or anyone else's network or computer system;
9.10 For using any software or device which may interfere with the services which are intended to be enjoyed by other users through the use of mail bombs, war dialling, pinging or other disruptive technical means;
9.11 Using a false identity for the purpose of misleading others as to the identity of the sender or origin of any message;
9.12 By using any third party business to access our website on your behalf without our prior written consent which may be withheld at our absolute discretion; or
9.13 For the purpose of reselling (in any way) the Content to third parties.
- We either own or otherwise have the right to use the intellectual property rights with respect to the Content and any software supplied by us in connection with this website (collectively our Intellectual Property). You acknowledge and accept that we are either the owner, or otherwise have the right to use our Intellectual Property and that you will not assert any claim or interest in or to our Intellectual Property, other than in relation to those rights which are expressly provided to you in these website terms and conditions. In particular but without limitation, our Intellectual Property extends to copyright, Trade marks and design rights which we either own or otherwise have the right to use.
- You must not copy or reproduce (whether digitally, electronically, by framing or linking, or in hard copy or by any means whatsoever) or in any way use any of our Intellectual Property without our prior written consent.
- Without limiting clauses 15 to 19, we disclaim any liability in relation to:
12.1 The content of any third party website which may be linked to our website at any time. The links to such sites which we include in our website are merely for convenience for you and we do not necessarily endorse the content of those third party sites;
12.2 Information which is obtained from third parties and which we may post on our website at any time. We provide such information to you merely for convenience, and we do not necessarily endorse the products or services referred to in the information;
12.3 The acts or omissions of any third parties, in relation to any default by them in relation to the provision of, or access to, this website;
12.4 Any corruption or loss of data or other content which you or anyone else may experience as a result of using this website.
- Our website has been optimised for viewing in Windows Internet Explorer Versions 5 and above, as well as Netscape Versions 6 and above. If you are running any other browser, or browser versions, you may encounter problems with certain sections of our website and we disclaim any liability for any such problems which may be encountered.
- Subject to clause 17, we (including our officers, employees and agents) will not be liable (whether in contract, tort or otherwise whatsoever) to you or any third party claiming through you, for any direct, indirect or consequential damage, loss, cost or expense (including loss of profits, loss of data or revenue, loss of use, lost business or missed opportunities, wasted expenditure or savings which you might have had) arising from the use of our website or its Content.
- If, notwithstanding clause 14 but subject to clause 17, a court of competent jurisdiction holds us (or any of our officers, employees or agents) liable in respect of any matter arising under or incidental to these terms and conditions, such liability will be limited to $5,000 for any event or series of events.
- Subject to clause 17, we exclude all implied representations and warranties in respect of the use of our website as well as any of our products or services to the fullest extent permitted by law.
- Nothing in these website terms and conditions is intended to affect any rights which you may have under the Consumer Guarantees Act 1993 which we are unable by law to exclude or limit in accordance with clauses 14 to 16.
Breach, Suspension and Termination of Service
- In the case of a breach of these terms and conditions by you or any other person, we are free to decide whether we wish to take action for such breach, and if so when and how. We will not be prevented by the passage of time or any other matter, from exercising our rights.
- You cannot compel us to take action against any third party in respect of any breach by them of these terms and conditions which may be causing you damage, loss, harm or inconvenience, and furthermore, you cannot take legal action against us in an attempt to avoid such damage, loss, harm or inconvenience or recover compensation for the same.
Changes to these terms & conditions
- You accept that we may change these terms and conditions at any time and that any revised terms and conditions displayed on our website from time to time will apply to your use of our website and/or its Content.
- These terms and conditions are governed and construed in accordance with New Zealand law and you accept the exclusive jurisdiction of the New Zealand courts.
- If a court of competent jurisdiction rules that any part of these terms and conditions are unenforceable for any reason, then such ruling will not affect the remaining provisions of these terms and conditions which will remain in full force and effect at all times.
- Unless the context otherwise requires, in these terms and conditions, the following terms have the following meanings:
a) '"Content" means all text, graphical and other visual content, as well as all audio content and other information contained in our website;
d) '"Device" means any voice and/or data communication hardware device including a mobile device (such as a handset) and a desktop device (such as a PC);
h) "Spam" means the sending of bulk, unsolicited messages to a large number of remote users normally for advertising purposes;
j) "Trade marks" means all of our trademarks, whether registered or unregistered;
k) "you" means you our customer, whether an individual, a company, or any other form of entity;
m) "we", "us" and "our" means Coca-Cola Amatil (N.Z.) Limited, and in relation to any of our rights (but not our obligations), includes any company within the group of companies of which Coca-Cola Amatil (N.Z.) Limited forms part, as well as its affiliates, officers and employees.
Coca-Cola Amatil (N.Z.) Limited (and/or any member of the Coca-Cola Amatil group of companies) of The Oasis, Mt Wellington, Auckland, is either the owner or licensee of all rights to such content. All such rights are reserved.
©2013 The Coca-Cola Company. 'Coca-Cola' is a registered trade mark of The Coca-Cola Company. 'Christmas in the Park' is a registered trade mark of Coca-Cola Amatil (N.Z.) Limited.