Jurisdiction and company details:

For www.Freddo.com.au

COMPANY: Cadbury Pty Ltd (the "Company", "we" or "us")
A.C.N. 004 551 473
COMPANY LOCATION: 636 St Kilda Road Melbourne 3004
JURISDICTION: Australia
CONTACT US:
Mail: Cadbury, Consumer Services, PO Box 200, Ringwood VIC 3134
Telephone: Toll free: 1800 250 260
Email: Click here to email us

For www.Freddo.co.nz

COMPANY: Cadbury Ltd (the "Company", "we" or "us")
COMPANY LOCATION: 280 Cumberland St. Dunedin
JURISDICTION: New Zealand
CONTACT US:
Mail: Consumer Services Department, PO Box 890, Dunedin
Telephone: 03 467 7800
Toll Free: 0800 223 2879
E-Mail: Click here to email us

REGISTRATION. Your child must obtain your consent to be able to access this Site. If you consent to your child accessing this Site, please activate your child's account by following the steps set out in the notification email or registering your child on the parent login section of the Site.

By activating your child's account, you consent to your child accessing the Site and agree that your, and your child's, access to and use of the Site is subject to the terms and conditions of these Terms of Use ("Terms of Use" or "Terms"), and all applicable laws and that you accept and agree to these Terms without any limitation or qualification.

Account Name and Password. You and your child need to use an account name on the Site which is not misleading or offensive. Your child must choose an account name which will also serve as the name for their character on the Site (known as an "Avatar").
We reserve the right to delete or change any account name for any reason or no reason. You are fully responsible for all activities conducted through your account and your child's account.

PRIVACY POLICY. We respect concerns about the privacy of you and your child's personal information. Please review our Privacy Policy for how we collect, use, disclose and manage personal information.

GENERAL RESTRICTIONS.

• This Site may be used for personal, non-commercial informational or edutainment purposes only.
• Copying, reproducing, re-using, retransmitting, adapting, publishing, framing, posting, uploading, modifying, broadcasting or distributing any Site Content in any way, including for any public or commercial purpose whatsoever, is prohibited without our prior written permission.
• Third parties' likenesses, names, and/or properties must not be used without their express permission.
• Material must not be sent to the Site that is unlawful, harmful (including any virus), threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent or profane or that could constitute or encourage a violation of any law.
• We may review, edit or delete materials you or others send to this Site, but are not obligated to do so.
• We may cancel any registration(s) or account(s) on this Site at any time or remove from the Site any content that has been sent to or posted on the Site, without notice or liability, for any reason, including if technical problems, irregularities or misuse occurs.

OWNERSHIP OF MATERIAL YOU SEND. Subject to the application of our Privacy Policy, any material sent to this Site will be deemed non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas or other information, material or property. We (or our designees) will be entitled to use any or all of it for any purpose, WITHOUT COMPENSATION TO YOU or your CHILD, including for reproduction, disclosure, transmission, publication, broadcast and posting. For the avoidance of doubt, we retain ownership in all avatars created on this Site.

WAIVER. We try to make the Site and its contents reliable, but inaccuracies may occur. Therefore, regardless of anything else on the Site or in these Terms:

• YOUR USE AND YOUR CHILD'S USE OF THE SITE IS AT YOUR OWN RISK;
• THE SITE IS PROVIDED "AS IS"; AND
• TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR RELATED PARTIES:
  - DISCLAIM ALL WARRANTIES REGARDING THE SITE, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES DUE TO:
  • STATEMENTS, ERRORS OR OMISSIONS IN THE SITE;
  • CONTENT INFRINGING ANY THIRD PARTY'S RIGHTS;
  • VIRUSES THAT MAY BE TRANSMITTED TO YOUR COMPUTER;
  • LINKING TO ANY OTHER SITE OR ITS NATURE OR CONTENTS; OR
  • ANY OTHER MATTER REGARDING THIS SITE AND YOUR USE OF IT, OR YOUR CHILD'S USE OF IT.

INDEMNIFICATION: BY USING THIS SITE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND OUR RELATED PARTIES FROM ALL DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE LAWYER'S FEES AND COSTS, ARISING OUT OF ANY OF THE FOLLOWING:

• ANY CLAIMS FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, LIBEL, DEFAMATION RELATING TO ANY MATERIALS YOU OR YOUR CHILD SEND TO THE SITE OR YOUR OR YOUR CHILD'S USE OF THE SITE;
• ANY ACTIVITY RELATING TO YOUR INTERNET ACCOUNT, INCLUDING NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR ANYONE USING THE SITE THROUGH YOUR INTERNET ACCOUNT;
• YOUR BREACH OR YOUR CHILD'S BREACH OF ANY PROVISION OF THESE TERMS;
• ANY OTHER MATTER REGARDING THIS SITE AND YOUR USE OR YOUR CHILD'S USE OF IT.

You agree to use best efforts to cooperate with us in the defence of any such matter. We reserve the right, at your expense, to assume the exclusive defence and control of any matter subject to indemnification by you.

OTHER SITES.This Site may contain links to other web sites that we do not own or operate. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies. Downloading material from certain sites may risk infringing intellectual property rights or introducing viruses into your system. You should note when you or your child leave this Site and read the privacy policies and terms of these other sites. You should also independently assess the authenticity of any website which appears or claims that it is one of our sites (including those linked to through an email).

INTELLECTUAL PROPERTY. We (or our associated or affiliated companies or third parties who have licensed its brands to Company or contributed to this Site) ("Content Owner") own or license from third parties all Site Content. All Site Content remains the sole property of the applicable Content Owner and is protected under all relevant Copyright, Trademark and other applicable laws. Nothing on the Site should be construed as granting any license or rights to use or distribute any Site Content, without our express written agreement or of the other applicable Content Owner.

CHANGES. Please note that we may change information on this Site and or these Terms at any time without notice. You should regularly review these Terms for any changes. By continuing to use this site you agree to any changes.

OTHER

Jurisdiction. We control and operate the Site from:

For www.freddo.com.au, Australia; and

For www.freddo.co.nz, New Zealand.

All matters relating to the Site are governed by the laws of the relevant Jurisdiction, without reference to conflict or choice of law principles. You agree that jurisdiction and venue for any legal proceeding relating to the Site shall be in appropriate courts located in the relevant Jurisdiction set out above. We do not warrant or imply that the Site or materials on it are appropriate for use outside of the above Jurisdiction. The information set forth in this Site concerning any products or services is applicable only in the relevant Jurisdiction and these products or services may not be available in all locations. If you are located outside of this Jurisdiction, you are solely responsible for compliance with any applicable local laws.

Transfer of assets or businesses. During the course of our business, we may sell or purchase assets or parts of our businesses. If another entity acquires us or all or some of our assets or businesses, personally and non-personally identifiable information we have collected may be transferred to such entity and used by that entity for the purposes set out in this Privacy Policy. Also, if any bankruptcy or reorganisation proceeding is brought by or against us, such information may be considered an asset of ours and may be sold or transferred to third parties.

Severability. If for any reason, any provision herein is found void or unenforceable, it will be severed to the extent void or unenforceable and the remaining provisions will continue in full force and effect.

Definitions/Interpretation. As used herein:

"Damages" means any and all direct, special, indirect, consequential or punitive loss or other damages of any kind (whether in contract, including fundamental breach, tort, including negligence, or otherwise).

"including" means "including, but not limited to".

"materials sent to the Site" (and "materials you send to the Site" and other like terms) means anything emailed, uploaded, posted or otherwise transmitted or sent to the Site (whether information, text, material, data or code or other) by you or another user.

"Related Parties" means all of our parent, subsidiary and affiliated companies, Site Developers and other promotional partners.

"Site" means the website located at www.Freeddo.com.au or www.Freddo.co.nz, as relevant. Except where the context indicates otherwise, Site includes all Site Content.

"Site Content" includes, without limitation, all the materials (such as information, text, images, animations, videos, sounds, characters, games, puzzles and activities) and programs provided by us on or downloadable from the Site.

"Site Developer" means any party involved in creating, producing, delivering or maintaining the Site.

"use of this Site" (and "using" and other like terms) means "any and all use of the Site of any kind whatsoever, including access to, browsing of, reviewing, posting of, transmitting, reviewing, downloading, and other using the Site or any material on the Site."