Terms of Use

03/04/2019

These Terms of Use were last updated on [16 July 2013]. In these Terms of Use:

CCSP refers to Coca‑Cola South Pacific Pty Limited (ABN 50 003 029 794) of Level 9, 40 Mount Street, North Sydney, New South Wales, 2060.

CCAF refers to the Coca‑Cola Australia Foundation created jointly by CCSP and CCA for the purpose of development of the young people of Australia.

CCA refers to Coca‑Cola Amatil (Aust) Pty Limited (ABN 68 076 594 119) of 40 Mount Street, North Sydney, New South Wales, 2060.

Affiliated Entities refers to any direct or indirect parent, subsidiaries, sponsors or affiliated companies of CCSP and shall include, but not be limited to, The Coca‑Cola Company (“TCCC”) and any of its authorised bottlers.

This Site is owned and operated by CCSP. 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 Australia.

1.You Agree to These Terms by Using this Site

Your access to, and use of www.coca-colajourney.com.au, including the content, Services and Software provided there (collectively, the “Site”) are subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use, and acknowledge that any other agreements between you and CCSP are superseded with respect to this subject matter. If you do not agree and accept, without limitation or qualification, these Terms of Use, please exit the 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 CCSP 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 Coca‑Cola Company or others. Your use of any Content, except as provided in these Terms of Use, without the written permission of the Content owner is strictly prohibited. You are also advised that CCSP will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

3. Your Use of the Site

CCSP 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 CCSP’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 CCSP’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. CCSP will fully cooperate with any law enforcement authorities or any court order requesting or directing CCSP 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 CCSP 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 CCSP, 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

CCSP 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 CCSP 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 CCSP 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 CCSP, 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 CCSP 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 CCSP’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.

For any User Content submitted to the Site, you acknowledge and agree that (a) CCSP reserves the right (but has no obligation) to evaluate all User Content before allowing it to be posted on the Site or otherwise stored in connection with the Site; and (b) may do one or all of the following, at its discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted or stored any Submission or User Content; (iii) monitor and/or filter any of your communications through the Site (including without limitation by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); and/or (iv) disclose any User Content or any communication through the Site, and the circumstances surrounding the transmission thereof, to any third party in order to operate the Site; to protect CCSP, the Affiliated Entities, and their respective sponsors, employees, officers, directors, shareholders, agents, representatives and affiliates, and the Site's users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms of Use; or for any other reason or purpose. In addition, CCSP has no control over, and CCSP and the Affiliated Entities shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through any User Content or any other part of the Site.

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 CCSP or any Affiliated Entity. CCSP 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 CCSP 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 CCSP 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.

6. Applications for Coca‑Cola Australia Foundation Grants

Where available, you may use this Site to apply for grants from CCAF. Should you do so, CCAF will use all personal data (for example, your name, address, telephone number or e-mail address) and all data submitted on behalf of any organisation that you transmit to the Site by electronic mail or by direct entry or otherwise, in accordance with the Site Privacy Policy. CCAF, CCSP and CCA reserve the right to validate any and all information submitted by you on behalf of an organisation, and may be required to disclose such information to authorities or to other third parties in order to verify your identity and that of your organisation. By submitting such data, you explicitly certify that you meet the eligibility requirements for the grant you have requested, you grant to CCAF, CCSP and CCA the right to use and verify the data you have provided, and you represent and warrant that you have the authority to represent the organisation upon behalf of which you have submitted the grant request.

CCAF, CCSP and CCA make no representations that any submission for grants received from you will be successful, and none of CCAF, CCSP, CCA nor their Affiliates accept any liability nor shall have any responsibility to you or any organisation that you represent, for the conduct of its evaluation of your application nor for the decision that it makes on whether to accept your application and award a grant to your organisation. Neither CCAF, CCSP, CCA nor their Affiliates, is liable to you, your organisation or to any member of your organisation for any direct, incidental, consequential, indirect, or punitive damages or losses arising out of your grant application or for CCAF’s review or refusal of your grant application, nor for any lost, late, illegible, misdirected, delayed, inaccurate or incomplete grant applications, nor for non-submission arising from any unavailability of the Site.

7. Privacy

Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Site by electronic mail or otherwise will be used by CCSP in accordance with the Site's Privacy Policy as posted. Any other communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and nonproprietary. Email and other transmissions will not be encrypted or otherwise secured. You represent and warrant that any information you provide in connection with your use of the Site is and shall remain true, accurate and complete, and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site.

8. 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, CCSP 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, CCSP makes no warranties or representations as to the accuracy, correctness or reliability of the information contained in the Site. Accordingly, CCSP 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, CCSP 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.

9. Exclusion of Liability

YOUR USE OF THE SITE OR ANY SOFTWARE, SERVICES OR MATERIALS AVAILABLE THROUGH THE SITE IS AT YOUR OWN RISK. NEITHER CCSP, 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 CCSP 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 CCSP OR ANY THIRD PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.

10. Links to Third Party Sites

The Site may contain links to third party content, or to sites owned or operated by parties other than CCSP. Such links are provided for your convenience only. CCSP does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, CCSP 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.

CCSP 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 CCSP.

11. Indemnity and Waiver of Liability

You agree to defend, indemnify and hold harmless CCSP, 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 Software; (b) any violation of these Terms of Use by you or through your 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 CCSP as part of its investigation of a suspected violation of these Terms of Use or as a result of its finding or decision that a violation of these Terms of Use has occurred. THIS INDEMNIFICATION AND WAIVER OF LIABILITY MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM THE COCA-COLA COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SITE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF THE COCA-COLA COMPANY’S CONCLUSION THAT A VIOLATION OF THESE TERMS OF USE HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THESE TERMS OF USE.

12. Termination

You agree that CCSP, in its sole discretion, may terminate your access to or use of the Site and the Services, at any time and for any reason, including without limitation if CCSP believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Upon any such termination, your right to use the Site and the Services will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that CCSP may immediately de-activate or delete your account and password, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that neither CCSP nor any Affiliated Entity will be liable to you or any third party for any termination of your access to the Site or to any such information or files, or will be required to make such information or files available to you after any such termination.

13. Revisions to the Terms

CCSP may at any time, and without notice, revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use. You can determine when these Terms of Use were last revised by referring to the "LAST UPDATED" legend at the top of this document.

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.

When using any Services or Software on the Site, you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such Services or Software, which rules, terms and conditions are hereby incorporated by reference into these Terms of Use.

14. 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.

15. Law and Jurisdiction

These Terms of Use and your use of the Site are governed by the laws of the State of New South Wales. By using this Site you agree to submit to the exclusive jurisdiction of the New South Wales courts in the event of any dispute.

16. Severability

If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.

17. Rules for Challenges, Sweepstakes, Contests, Raffles, Surveys and Similar Promotions.

Any Challenges, sweepstakes, contests, raffles, surveys, or similar promotions made available through the Site will be governed by specific rules that are separate from these Terms of Use. By participating in any such sweepstakes, competition, raffle, survey or promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. CCSP urges you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to these Terms of Use, governs any information you submit in connection with such activities.

18. Claims of Copyright Infringement.

The Copyright Act 1968 (Cth) (the "Copyright Act") provides recourse for copyright owners who believe that material infringes their rights under Australian copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send CCSP a notice requesting that CCSP remove the material or block access to it. Notices should be sent to:

Legal Counsel
Coca‑Cola South Pacific Pty Ltd
Level 9, 40 Mount Street
North Sydney NSW 2060

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.

19. Information or Complaints.

If you have a question or complaint regarding the Site, please send an e-mail or give us a call. You may also contact us by writing to CCSP.

20. Void Where Prohibited.

Although this Site is accessible worldwide, it is intended for residents of the Commonwealth of Australia. 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.