Terms of Use

Driscoll’s Australia Pty. Ltd. ACN 141 680 364

Terms of Use

These Terms of Use are effective from 4 February 2019.

This Website is intended for use in Australia and New Zealand only.

1. Acceptance of Terms

(a) "Driscoll’s" (the Website) is provided by Driscoll’s Australia Pty Ltd ACN 141 680 364 (Driscoll’s) of Level 5/818 Bourke Street, Docklands VIC (collectively, Driscoll’s, We, Ours or Us).

(b) This document sets out the terms and conditions (Terms) on which you (You) may access and use the Website. These Terms apply in addition to any other terms and conditions to which You are subject in relation to the Website, including any terms and conditions specified on or in:

(1) the Driscoll’s Website (and all related links) at http://www.driscolls.com.au/;

(2) the Driscoll’s privacy policy at http://www.driscolls.com.au/privacy (Privacy Policy); and

(3) any relevant third party terms and conditions,

(collectively, Other Terms). If there is any inconsistency between these Terms and the Other Terms, these Terms will prevail to the extent of the inconsistency.

(c) By registering for, accessing or using the Website, You accept and agree to these Terms (and any applicable Other Terms) without any limitation or qualification. These Terms constitute a legally binding agreement between You and Us. If You are under 18 years of age, then Your guardian or caregiver needs to consent to You registering for, accessing or using the Website.

(d) We may change these Terms from time to time by posting the changed Terms on the Website, and any such changed Terms will apply from the date on which such Terms are updated by Us.

(e) You represent and warrant to Us that You have the authority to enter into an agreement with Us on these Terms.

2. Using the Website

2.1 Subscribing

(a) The Website contains general information that You can access without registering. However, some information such as receiving email updates cannot be accessed without registering. If You would like to receive email updates and other subscriber only access or information from Us You will need to register.

(b) On the home page, You can follow the visual and text prompts to receive email updates by submitting Your email address in a text field.

(c) When You register, You may be asked to provide certain information, for example, Your name and email address (collectively, Registration Information).

(d) After You register, You will receive an email from Us to confirm Your subscription.

(e) We recommend that, when providing your Registration Information, You register with an email address that is private, which means that only You know the password and can send emails from or receive emails at that address.

(f) You acknowledge that You are solely responsible for all activity that occurs in relation to Your subscription to the Website and for all of Your activity on the Website.

(g) You acknowledge that by submitting your Registration Information and registering for the website You consent to Us providing marketing and other communications to You on an ongoing basis by electronic messages (e.g. email and SMS), online, and via other means, unless You opt out. To opt out, simply follow the unsubscribe link or prompts in any communications from us or contact Us directly through the methods described in clause 4.4.

2.2 Privacy and use of Your information

(a) We may collect Your personal information (as defined in the Privacy Policy) including Your Registration Information. We may collect, use and disclose Your personal information to provide, administer, improve and personalise Our products and services (including email subscriptions and preferences), identify You, protect Our lawful interests and deal with Your concerns. We may not be able to do these things without Your personal information.

(b) Subject to this clause 2.2, we may handle Your personal information in accordance with the Privacy Policy which is available online (as described in clause 1(b)(2)).

(c) You acknowledge that the Privacy Policy contains further details about Our handling of personal information (including destruction or de-identifying of your personal information) and procedures regarding access and correction of personal information, and Your privacy concerns.

(d) If You provide personal information to Us about any third party (including by inputting it into the Website) You must first ensure that they consent to these Terms (as though extended to them) and to the Privacy Policy.

(e) We will use data that arises from, is generated by or relates to Your use of the Website (“Website Data”), as We see fit for the purposes of Our business, and, where You have elected to provide Us with Registration Information or other personal information, You consent to Us linking and processing Your personal information with such Website Data.

2.3 What You can do on the Website

(a) The Website contains general information, resources, links, fact sheets, recipes, blogs and resources in relation to berries.

(b) All rights (including intellectual property rights such as copyright, trademarks and any brand-related rights, patents and designs) in all content and materials on Our Website are owned or licensed by Us (including registered trademarks “Driscoll’s” and “Driscoll’s Only The Finest Berries” among others).

(c) You must not use, reproduce, modify, adapt or commercialise any content or material on the Website, including the rights referred to in clause 2.3(b), for purposes other than Your own personal use, and in particular must not do any of these things for a commercial or business purpose or in a manner that conflicts with Our commercial or other interests.

(d) You may print and download Our documents (such as recipes, offers, or notices) that We publish on the Website or distribute via email subscription in their unaltered, complete form for Your own personal non-commercial use. We grant You a limited, personal, non-exclusive, revocable, worldwide license to those documents to this effect. You must not remove, alter or conceal any copyright, trade mark or other proprietary rights notice incorporated in Our documents that we publish on the Website or distribute via email subscription.

(e) You may stop using the Website at any time for any reason, without notice to Us. We may terminate, disable, lock, block or suspend Your access to the Website if We suspect on reasonable grounds that You have breached these Terms, any Other Terms or any other terms that apply to Your use of the Website.

2.4 Links to third party websites

(a) The Website may contain links to other websites or applications owned, operated or produced by third party organisations independent of Us (Third Party Sites). The links are provided for convenience only and We have not verified and do not sponsor, endorse, recommend or approve the operators of, or any materials (including information, products or services) on, those Third Party Sites.

(b) Certain tools, devices, software programs or other features (Tools) available on or through the Website may be provided by third parties. These Tools are provided or made available as a convenience to You. These Tools are not owned or operated by Us and We are not responsible for examining or evaluating the content, availability, accuracy, adequacy, timeliness, validity, copyright compliance, legality, decency, quality, completeness or any other aspect of these Tools.

3. Restrictions and warranties

1.1 Restrictions on use of Website

(a) You agree that You will not:

(1) use any information on this Website for any commercial purpose or otherwise (either directly or indirectly) for profit or gain;

(2) use any device, software or process to interfere or attempt to interfere with the proper working of this Website; and

(3) use any data mining, robots, or similar data gathering and extracting tools in connection with the Website.

(b) We reserve the right to access, read, preserve and disclose any information (including information that You submit to Us through the Website or that is generated by Your use of the Website) as We reasonably believe is necessary to:

(1) satisfy any law or regulation;

(2) enforce these Terms, including investigation of potential violations of these Terms;

(3) detect, prevent or otherwise address fraud, security or technical issues; or

(4) respond to support issues.

1.2 Acknowledgement

Subject to clause 4.1, You acknowledge and agree that:

(a) all information on this Website is subject to change without notice;

(b) access to the website is offered by Us on an ‘as is’ and ‘as available’ basis and You use the Website at Your own risk;

(c) we cannot guarantee that this Website will be free from viruses, or that access to this Website or a Third Party Site will function as intended or be uninterrupted; and

(d) while reasonable effort is taken to ensure that the information on this Website is accurate, We cannot guarantee that this information is without error, omissions or is out of date.

1.3 Indemnity

You indemnify Us in respect of any liability (including liability to both You or any third party) incurred by Us for any loss, cost, damage or expense (howsoever caused) that is suffered by Us as a result of or in connection with:

(a) Your use or infringement of any of Our content (including intellectual property rights) in connection with this Website; and

(b) information that You provide to Us in the course of Your use of the Website.

1.4 Rights

(a) If We fail to enforce any of Our rights under these Terms, that does not mean We waive those rights. If You fail to enforce any of Your rights under these Terms, that does not mean You waive those rights.

(b) These Terms are personal to You and You may not assign or otherwise transfer any rights under these Terms without Our prior written consent. We may assign or otherwise transfer Our rights and obligations under these Terms as We require.

4. General

1.1 Your consumer rights

(a) Nothing in these Terms is intended to exclude, restrict or modify rights which You may have under any applicable law in your country of residence (such as the Australian Consumer Law) which may not be excluded, restricted or modified by agreement (Your Consumer Rights). You can find out more about Your Consumer Rights from consumer organisations and bodies in your country of residence such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities in Australia.

(b) If You suffer any loss in connection with the Website, You must take all reasonable steps to minimise your loss, including notifying Us without delay if there are steps We can take to help minimise Your loss.

(c) Subject to Your Consumer Rights, we are not liable:

(1) for any loss that was not reasonably foreseeable to You and Us; and

(2) to the extent that Your loss was contributed to by You or any other matter outside of Our reasonable control.

1.2 Jurisdiction

These Terms are governed by the laws of Victoria, Australia. The courts of Victoria, Australia (and the courts of appeal from them) have exclusive jurisdiction to resolve any disputes arising under or in connection with these Terms.

1.3 Survival of terms

All provisions which by their nature survive termination, will survive termination of these Terms.

1.4 Complaints, feedback and queries

If You have a complaint or want to provide feedback about the Website, You can contact Our national office on the details below:

Driscoll’s Australia Level 5/818 Bourke Street, Docklands 3008