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Terms of Use

Lindt Website Terms of use

These terms and conditions (the "Terms") govern your use of the Lindt Australia website (www.lindt.com.au) (“Site”) and should be read in conjunction with our privacy policy (“Privacy Policy”) (click here to see the Policy).

Please read these Terms carefully.  By using this Site you acknowledge that you have read, understood and agree to be bound by these Terms and the Privacy Policy.  Do not use (or continue to use) the Site if you do not agree to the Terms or the Privacy Policy.

If you have any queries or comments in relation to the Terms, the Privacy Policy or the use of this Site, you can either contact us or call us on (02) 9854 2500.

Information About Us 

This Site is operated by Lindt & Sprüngli (International) AG (“Lindt”) on behalf of its parent company Chocoladefabriken Lindt & Sprüngli AG ("Parent") and Parent’s subsidiaries (together “Lindt Group”) for your personal use, subject to these Terms.

Personal information which you submit to Lindt will be collected, used, disclosed and held by Lindt in accordance with our Privacy Policy.  Please click here to see this.

The Site does not allow for online purchasing.  You can link through to other Lindt sites to purchase items; however, these other sites may have different terms of use and be subject to different privacy policies, and we strongly recommend that you take this into consideration when using these other sites.  All orders and purchases made via those sites will be governed by their respective terms of use and by the terms and conditions of sale in each case.   You will need to click on the respective E-shop's document to see these:  For www.lindtusa.com (E-shop of Lindt in the USA): Return Policy, Shipping policy; For www.lindt.ch (E-shop of Lindt in Switzerland): Terms and conditions; For shop.lindt.de (E-shop of Lindt in Germany): Shop Infos.  It is your responsibility to read and agree to the terms of each site you use.

This Site and the information on this Site may be changed or updated without notice.  Lindt may revise these Terms and any other legal notice on the Site (including the Privacy Policy) at any time without notifying users.  All changes will be effective when posted on the Site.  Therefore you should check this Site from time to time to review these Terms and other legal notices, because they are binding on you if you continue to use the Site after the changes have been posted. 

Accessing our Site 

Access to our Site is provided on a temporary basis, and we reserve the right to withdraw or amend the service on our Site without notice (see "Site Availability" below).  We will not be liable if for any reason our Site is unavailable at any time or for any period.

Any costs associated with accessing the Site is your responsibility and is dependent on the Internet service provider used. 

Site Availability 

While Lindt endeavours to ensure that the Site is available 24 hours a day, Lindt shall not be liable if for any reason the Site is unavailable at any time or for any period.  Access to this Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Lindt's control.

Your access to the Site, your ability to participate in all or certain parts of the Site and/or your registration may be terminated by Lindt at any time without notice and without any liability.  Any limitations on Lindt's liability will survive such termination.

Lindt assumes no responsibility for any technical malfunction, error, omission, interruption, deletion, delay in operation or transmission, communication line failure, virus, bug, tampering, theft or destruction or unauthorised access to the Site, or any injury or damage to any person’s computer related to the use of the Site, or the uploading of material or downloading of any software/material (where permitted) from the Site.

Site Use 

You may use the Site for lawful purposes only.  You may not use the Site:

in any way that breaches any applicable local, national or international law or regulation;

in any way that infringes the rights of any other person;

in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

to transmit any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and

to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

Disclaimer 

Whilst we take care to ensure the accuracy of all Content within our Site, to the extent permitted by law, Lindt assumes no legal liability for and does not warrant that the information contained on this Site is accurate or complete, or that the Site pages will be free from errors or that the Site availability will be uninterrupted.  This includes all product related information including but not limited to, product descriptions, product images, product colours, product sizes, product pricing.  All such details are correct (and as accurate as possible in the case of product descriptions, images, colours and sizes) at the time of current display, but are subject to change at any time without communication to you. 

Interactive Services

Lindt may provide interactive services on the Site, including, chat rooms, bulletin boards and blogging facilities.

When you use an interactive service on the Site that allows you to upload material to the Site or to make contact with other Site users, you must comply with the Content Standards (set out below).  You warrant that any such contribution made by you complies with those standards and you indemnify Lindt for any breach of this warranty.  If such services have separate terms and conditions, you must also agree to these terms in order to use the service.

Any material you upload or contribute to our Site will not be considered confidential.  You agree that Lindt will have the right to use, copy, distribute and disclose to third parties any such material for any purpose without compensation or acknowledgement of its source.  Lindt also has the right to disclose your identity to any third party who is claiming that material posted or uploaded by you to the Site constitutes a violation of their intellectual property. 

Lindt will not be responsible or liable to any third party for the content or accuracy of any materials posted by you or any other users of this Site. 

Lindt has the right to remove any material or posting you contribute to the Site. 

Content Standards 

These content standards apply to any and all material which you contribute to the Site and to any interactive services associated with it.

Your contributions must:

be accurate (where they state facts);

be genuinely held (where they state opinions); and

comply with applicable Australian law. 

Your  contributions must not:

contain any material which is defamatory of any person;

contain any material which is obscene, offensive, hateful or inflammatory;

promote sexually explicit material;

promote violence; 

promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; 

infringe any copyright, database right or trade mark of any other person;

be likely to deceive any person;

be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

promote any illegal activity;

be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

be likely to harass, upset, embarrass, alarm or annoy any other person; 

be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

give the impression that they emanate from us, if this is not the case; and 

advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

When a breach of these Content Standards has occurred, Lindt may take such action as it deems appropriate, including immediate, temporary or permanent withdrawal of your right to use our Site, the removal of postings or uploaded material without informing you and legal proceedings against you for reimbursement of all of Lindt's costs resulting from your breach.

Linking to the Site

You may link to our Site provided you do so in a way that is fair and legal and does not damage Lindt's reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement from Lindt.

Lindt reserves the right to withdraw linking permission without notice.  The website you are linking to must comply with the content standards (set out above).

Links from the Site 

Lindt is not responsible for the contents of any website operated by a third party which may be accessed via this Site, and Lindt does not accept any obligation, gives no assurance, and assumes no liability or responsibility (whether express or implied) in relation to any content on any other website.  All links on this Site are provided for your convenience only and do not imply that Lindt approves or recommends the content of such websites.

Intellectual Property

The Lindt name, logo, corporate symbols and trade marks are the sole property of Lindt’s Parent or one of the members of the Lindt Group, and no permission is given in respect of their use.  The Site and its contents are protected by international copyright laws and other intellectual property rights.  Unless otherwise indicated as between Lindt and the user of the Site, Lindt and/or its Parent is the owner of the copyright and all other intellectual property rights in the Site and its contents.  Save as set out below, no part of the Site may be reproduced, modified, copied or used for any commercial purpose without the prior written permission of Lindt.

You may retrieve and display the content of the Site on a computer screen, or print one copy of such content (including, nutritional information, recipes and the Privacy Policy) for your own personal use, provided you keep intact all and any copyright and proprietary notices.  Use of the content otherwise than in accordance with these Terms may expose you to claims for infringement of our intellectual property rights of the Lindt Group and/or of third parties.

Liability

The Site is provided without any warranties or guarantees.  To the extent permissible by any applicable law, Lindt, its associated companies and their officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for loss or damage of whatever nature (including but not limited to loss of profits or anticipated savings or wasted expenditure) arising from or in connection with your access to or use of this Site, or reliance on the Site, regardless of whether such loss or damage would arise in the ordinary course of events or otherwise, is reasonably foreseeable or otherwise, or is caused by any error or omission in the Site (whether negligent or not), except that nothing affects any liability of Lindt, its associated companies and their officers, directors, employees, shareholders or agents of any of them for death or injury caused by their negligence or any other liability which may not be excluded or limited by law.  If Lindt is liable for breach of any implied warranty or condition that cannot be excluded, such as the consumer guarantees under the Competition and Consumer Act 2010 (Cth), then Lindt’s liability shall be limited to, at Lindt’s option, in the case of goods, replacing or repairing the goods, or in the case of services, re-supplying the services, or paying for the costs of re-supplying the services.

Whilst Lindt makes reasonable attempts to exclude viruses or other destructive computer codes from the Site, it does not accept any obligation, gives no assurance and assumes no liability or responsibility (whether express or implied) in relation to viruses or such computer code.  You should take all appropriate safeguards before using the Site or downloading from the Site.

Governing Law 

Any interpretation of the content of this Site, claims or disputes (of whatever nature and not limited to contractual issues) shall be limited to the non-exclusive jurisdiction of the courts of Australia, under the law of the State of NSW.

General

If any provision of the Terms is deemed unlawful, void or for any other reason unenforceable then that provision shall be deemed severed from the Terms and shall not affect the validity and enforceability of any remaining provisions.

Lindt's failure to exercise or enforce any rights or any provision of the Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Lindt in writing.

The section titles in the Terms are for convenience only, and have no legal or contractual effect.

Competitions 

At different times Lindt may run competitions and promotions on this Site.  When said competitions and promotions are run, they will be accompanied by a set of Competition or Promotion Terms and Conditions which must be agreed to before entering any competition.

Collection of Information 

Elements of the Site may require you to enter certain details on the Site.  Lindt policies in regards to the collection and use of Personal Information can be found here in the Privacy Policy.  Please read this policy before entering any details into the Site.

This Terms and Conditions Policy was last updated on 30th November 2015.