Terms & Conditions
COMPANY
Mondelez Europe Services GmbH – UK Establishment No. BR010259
COMPANY LOCATION
Bournville Place, Bournville Lane, Birmingham B30 2LU
JURISDICTION
England and Wales
CONDITIONAL USE OF THIS SITE
Your access to and use of this website and its contents (the "Site") is subject to the terms and conditions of these Terms of Use ("Terms of Use" or "Terms"), and all applicable laws. By accessing and using this Site, you (the "User" or "you") accept and agree to these without any limitation or qualification.
PRIVACY POLICY
We respect concerns about the privacy of your personal information. Please review our Privacy Policy for how we collect, use, disclose and manage your personal information.
GENERAL RESTRICTIONS
You may use this Site for your own personal, non-commercial informational or entertainment purposes only.
You may not copy, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, modify, broadcast or distribute any Site Content in any way, including for any public or commercial purpose whatsoever, without our prior written permission.
You may not use any third parties’ likenesses, names, and/or properties without their express permission.
You may not send any material 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, 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 the Privacy Policy to personal data, any material you send 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.
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: use of the Site is at your own risk; the Site is provided to you "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.
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 send to 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 of any provision of these Terms;
Any other matter regarding this Site and your 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 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.
OTHER
JURISDICTION.
We control and operate the Site from the above Company Location (regardless of where hosting servers are located). All matters relating to the Site are governed by the laws of the above 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 above Jurisdiction. We do not warrant or imply that the Site or materials on it are appropriate for use outside of the above Country. The information set forth in this Site concerning any products or services is applicable only in the Jurisdiction, and these products or services may not be available in all locations. If you are located outside of this Country, you are solely responsible for compliance with any applicable local laws.
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 Contents" means any and all information, text, images, audio, video, designs, names, logos, trademarks, data, code or other information, material or content on this 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."
"Warranties" means any warranties or representations, express or implied (including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, title, non-infringement or freedom from computer virus.
CHANGES
Please note, 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 the Site, you agree to any changes, and by providing continued access to the Site we are providing you consideration for agreement to such changes.
CONTACT US
If you have any questions or comments regarding this Site, please contact us at the above "Contact" address, telephone number or e-mail.
Please see below for our full Terms and Conditions relating to the use of Joyville
Made Personalised Chocolate Service ("Joyville Made"). Before you start though,
please ensure you understand and adhere to the following points:
• Company logos and brand names – sorry, we don’t allow any company names, branding
or other registered trademarks or devices to be included in content.
• Photos and Videos – please make sure you follow our terms and conditions on
Content and
Uploads below.
• Maximum order numbers - Our service is aimed at individual gifts and small group
use and we restrict the number of personalised gifts you can order to 100.
• Not for resale. Being able to personalise your favourite Cadbury chocolate makes
for a great personal gift but this isn’t a commercial service and we can’t allow
use for intended resale purposes.
Introduction
The Terms and Conditions set out below apply to the use of Joyville. By accessing
and browsing this site and/or placing an order you agree to be bound by the Terms
and Conditions set out below.
Joyville Made reserves the right to make changes to this site and to these Terms
and Conditions at any time without prior notice. You should review these Terms and
Conditions each time you access this website.
Before you place an order, if you are unsure about any aspect of our Terms and Conditions
please contact our help desk by email on info@joyvillemade.com or telephone us on 0871 200 4650. Our help desk is open Monday to Friday
9am to 5pm.
Terms of Use
1. Access and permissions: You must warrant that any personal information which
you are required to provide whilst placing an order is true, accurate, current and
complete in all respects. In using this site you also agree not to impersonate any
other person or entity or to use a false name or a name that you are not authorised
to use.
2. Content: any content provided on this site must belong to
you. You are solely responsible for your use of content in combination with any
other images, graphics, text or other materials you incorporate into your personalised
gift. You agree that you will not include any text, image, design, trademark, service
mark, or any copyrighted work of any third party in your gift unless you have obtained
the appropriate authorisations from the owners. You warrant that content you use
and supply does not infringe upon any rights of any third party, including copyright,
trademark, right of publicity or privacy, and will not libel or defame any third
party, and that you have all required rights or permissions necessary to incorporate
third party material into your personalised gift. This extends to any external links
to websites or other online content via the use of QR codes.
3. Uploads: When using the Youtube player to upload a video
into your webcard it is your responsibility to ensure the footage is from an official,
licensed channel and that the owner of the video has a "standard licence" which
allows you to use and share that video. You can check the type of licence the owner
has under the “more info” section next to the video. If you upload a video which
does not contain the correct licence or is deemed to be an infringement of the owner’s
copyright you will be fully liable.
4. When uploading photos from Facebook or your computer it is your responsibility
to ensure the photos you upload either belong to you or if using someone else’s
photos, that you have obtained their permission before uploading them into the Webcard.
5. We will ask your permission via Facebook to access your photos on Facebook. This
will be used to print a photo onto the back of the bar and will also be featured
in the Web-Card you create. and once printed. These photos will be stored for 30
days after the recipient has viewed the Web-card once. If you decide not to give
us your permission to access the photos you will not be able to upload a photo from
Facebook
6. Any material uploaded and utilised in the personalised chocolate service must
be deemed free of causing damage or harm to the brand reputation of Joyville Made,
Cadbury UK Limited and its group companies, including without limitation Mondelez
UK Ltd and any related brands owned by these organisations.
7. Without limitation, content submitted must not include pornographic material
nor any material which could be construed as being capable of use to defame any
person, to violate any person’s right of privacy or publicity, to infringe upon
any copyright, trade name, trademark, service mark or other intellectual property
right of any person or entity. You also agree that you will not use the website
to produce products that are offensive, unlawful, harassing, libellous, threatening,
harmful or malicious in any way.
8. Content will be scrutinised for inappropriate content and we reserve the right
in our absolute discretion, without explanation, to cancel any orders not complying
with these restrictions or which we deem to be inappropriate in any way.
9. The Cadbury brand and related brands including but not limited to Cadbury Dairy
Milk and any related images, logos and devices owned by Cadbury UK Limited may not
be associated with any third party, including without limitation any commercial,
charitable or political organisation.
10. By placing an order on this website, you warrant that you have all necessary
permission, right and authority to place the order and you authorise Joyville Made
to produce the products on your behalf.
11. You agree that you are ordering the gift for your own, or your recipient's personal
use and that no attempt will be made to market, resell or distribute personalised
gifts in any manner whatsoever to any person for any purpose other than personal
use. For the benefit of clarity, this prevents the use of this personalised service
for commercial applications.
12. Acceptance will have been deemed to have taken place once your gift has been
despatched and a despatch confirmation has been sent. Prior to this point, your
order cannot be deemed to have been accepted.
13. Should your order be cancelled by ourselves due to infringements of these Terms
and Conditions; or cancelled by yourselves by contacting our help desk (refer to
the Refunds and Returns policy) then a full refund of price of goods and price of
delivery will be made to the debit or credit card used to place your order.
14. You shall indemnify and defend Joyville Made, Hemingways Marketing Services
Ltd, Cadbury UK Ltd and their group companies directors, officers, and employees,
against all claims, liability, damages, costs and expenses, including reasonable
legal fees and expenses arising out of or related to (i) your breach of these Terms
and Conditions (ii) any suit, claim, or demand arising from or relating to any text,
photograph, image, graphic or other material you incorporated into your gift products
by you or any other liabilities arising out of your use of this Website, or the
use by any other person accessing the Website using your shopping account and/or
your personal information.
Data Protection
1. Use of information provided: All information is stored and handled in accordance
with the Data Protection Acts (1984 and 1998). Personal and financial information
collected on this site is used for the following purposes: processing, delivering
your order; administering this website; for survey purposes to improve the website.
We will treat all your personal Information as confidential. We will keep it on
a secure server and we will fully comply with all applicable UK Data Protection
and consumer legislation from time to time in place.
2. Whilst using the site we will ask you to input and will collect personal Information
from you such as your name, e-mail address, billing address, delivery address, telephone
number, product selections. Payment information collected for the purpose of completing
your order is not stored on our databases and servers and is removed as soon as
payment is completed.
3. You should be aware that if we are requested by the police or any other regulatory
or government authority investigating suspected illegal activities to provide your
personal information and /or user information, we are entitled do so.
4. We will take all reasonable care, in so far as it is in our power to do so, to
keep the details of your order and payment secure, but in the absence of negligence
on our part we cannot be held liable for any loss you may suffer if a third party
procures unauthorised access to any data you provide when accessing or ordering
from the Website.
5. Any comments, suggestions, proposals or other feedback provided in connection
with the operation or content of this site shall be provided by the submitter and
received by Joyville Made on a non-confidential basis.
Distance Selling Regulations
Please note that you are entitled to cancel your order provided you exercise your
right and notify us no longer than 7 working days after the day on which you receive
your order. To comply products must first be returned to our offices and is subject
to goods being returned in a good and resaleable condition. In such instances, you
will be required to pay for the postage of the returned goods and the cost of the
personalised sleeve which you ordered as part of your gift. Your original order
shall contain a breakdown of the cost of the bar of chocolate and the personalised
sleeve; it is this amount which shall be deducted from the amount of monies which
are refunded to you. Risk and ownership of all gift products purchased from the
website transfers fully to the recipient upon successful delivery to the stated
delivery address.
Trademarks, Intellectual Property and Right to Use
1. You acknowledge and agree that all copyright, trademarks and all other intellectual
property rights in all material or content supplied as part of the site shall remain
at all times vested in Joyville Made and/or Cadbury UK Limited except where specifically
stated otherwise. Nothing contained on this site should be construed as granting
any licence to use any trademark, service mark of logo displayed on this site without
the express written permission of Joyville Made and/or Cadbury UK Limited.
2. You acknowledge and agree that the material and content contained within the
site is made available for your personal non-commercial and use is restricted to
the downlload of that material and content to one computer hard drive only for the
purpose of placing an order. Any other use of the material and content of the site
is strictly prohibited. Visitors and users of this site may not copy, distribute,
sell, publish, display, transmit, reproduce or decompile any part of the material
by any means (electronic or not) or for any purpose include it in any derivative
works.
Limitation of liability
1. We make no warranty that the Website will meet your requirements or will be uninterrupted,
timely or error-free, that defects will be corrected, or that the site or the server
that makes it available are free of viruses or bugs or represents the full functionality,
accuracy, reliability of the Website. We will not be responsible or liable to you
for any loss of content or material uploaded or transmitted through the Website.
In addition no warranty is made for any viruses that may infect your computer equipment
or other property on account of your access to, use of, downloading of or browsing
of this site.
2. We can accept no liability for any spelling mistakes or similar misrepresentations
that result from you incorrectly entering the message on your personalised chocolate
gift.
3. We will not be liable, in contract, tort (including, without limitation, negligence),
pre-contract or other representations (other than fraudulent or negligent misrepresentations)
or otherwise out of or in connection with the Conditions for: any economic losses
(including without limitation loss of revenues, profits, contracts, business or
anticipated savings); or any loss of goodwill or reputation; or any special or indirect
losses suffered or incurred by that party arising out of or in connection with the
provisions of any matter under the Conditions.
4. Nothing in the Conditions shall exclude or limit our liability for death or personal
injury resulting from our negligence or that of our servants, agents or employees.
General
This site is operated by Mondelez Europe Services GmbH – UK Branch from its offices
in the UK. Neither Joyville Made, Hemingways Marketing Services nor Cadbury UK Limited
make any representation that material in the site is appropriate or available for
use in other locations. Those who choose to access this site from other locations
do so on their own initiative and are responsible for compliance with local laws,
if and to the extent that local laws are applicable.
If for any reason any provision of these Conditions of Use are determined to be
void or unenforceable, then to the extent and in the places only where such provision
is determined to be void or unenforceable it shall be severed and the remaining
provisions shall continue in full force and effect. Each provision of the Conditions
shall be construed as separately applying and surviving even if for any reason one
or other of those provisions is held to be inapplicable or unenforceable in any
circumstances.
Your Statutory Rights are not affected by these terms and conditions.
Along with Hemingways Marketing Services Ltd, Cadbury UK Limited shall have the
right to enforce any provision of these Terms and Conditions against you, including
the right to seek an injunction to prevent you from breaching such.
These Terms and Conditions and anything in this site shall be governed by English
Law and all matters in connection with them shall be determined by the English Courts
'Who Does What'
The personalised chocolate service offered to customers using Joyville Made is operated
and managed by Hemingways Marketing Services Ltd under licence from Cadbury UK Limited.
Website content, order collation; assembly, pick, pack and despatch of orders including
collation of any customised and personalised printed material, customer service,
returns and replacements is conducted by Hemingways Marketing Services Ltd - Registered
address: Metcalfe House, 23H Kirkgate, Ripon, HG4 1PB Registered Number: 453174.
Cadbury Dairy Milk Marvellous Creations Twitter Terms and Conditions
1. The competition is open to UK residents aged 16 years and over only, excluding employees of the Promoter or any other company linked to the competition in any way.
2. By entering the competition you are agreeing to these terms and conditions. Entrants can enter the competition once.
3. The competition is open between 06:01 - 23:59 on 10th May 2013 ("Promotion Period").
4. To enter:
- follow the @DairyMilk page; and
- Use the hashtag "#NewCadburyCreations" and include either "Jelly Popping Candy" or "Cookie Nut Crunch" in your tweet
Users whose accounts are set to private should mention @DairyMilk in their tweet to ensure their entry is received.
5. Purchase is not necessary, however, Internet access and a Twitter account will be required to enter.
6. There will be two prize draws, with 10 Winners selected at random from all entrants who have tweeted using "Jelly Popping Candy" and 10 separate winners selected at random from all entrants who tweeted "Cookie Nut Crunch" .
7. There are 20 prizes available to be won during the Promotion Period, each consisting of: 1 box of Cadbury Dairy Milk Marvellous Creations bars (in the variant the entrant chose in their entry) that includes 24 x 47g bars.
8. Winners will be notified via Twitter within 7 days of the end of the Promotion Period and will then have 7 days to reply to the Promoter with acceptance of the prize. If a winner does not respond within this time, the Promoter will select another winner from all valid entries received during the Promotion Period. Winners will receive their prize via recorded delivery within 28 days of responding to the Promoter.
9. All decisions are final and no correspondence will be entered into. Only one Prize per entrant can be won.
10. In the event insufficient entries are received, the Promoter reserves the right to withhold unallocated prizes.
11. The prizes are non-transferable, non-refundable and cannot be exchanged for any cash alternatives in whole or in part. Prizes are only valid for the date and event stated and no changes are permitted under any circumstance. In the event for any reason the prize winner does not take an element of the prize at the time stipulated by the Promoter, then that element of the prize will be forfeited by the winner and neither cash nor any other form of compensation will be supplied in lieu of that element of the prize. However, the Promoter reserves the right to provide an alternative prize of equal or greater value in the event of unforeseen circumstances.
12. The Promoter accepts no responsibility for late, incomplete, incorrectly submitted, corrupted or misdirected entries.
13. If for any reason any aspect of this competition is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this competition, the Promoter may in its sole discretion cancel, terminate, modify or suspend the competition, or invalidate any affected entries.
14. Winners shall, at the Promoter's request, participate in all reasonable promotional activity (such as publicity, photography and any filming) surrounding the winning of the prizes, for no further consideration, and they consent to the Promoter using their names and images in promotional material.
15. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense or damage which is suffered or sustained (whether or not arising from any person's negligence) in connection with this promotion or accepting or using the prize, except for any liability which cannot be excluded by law (including personal injury or death caused by our negligence or fraud) in which case that liability is limited to the minimum allowable by law.
16. No bulk, machine generated, consumer group or third party entries will be accepted. Entries will only be allowed in accordance with these terms and conditions. Any attempted interference with the running of this promotion will result in a void entry.
17. No responsibility will be accepted for entries lost, damaged or delayed. Proof of sending is not proof of receipt. No responsibility will be taken for telecommunication or website error.
18. If a winning entry or entrant is deemed not to comply with these Terms and Conditions, the entry or entrant will be discarded and the prize will be allocated to a reserve entrant.
19. By entering the promotion users agree to receive email communication about their progress in the promotion and important messages regarding how to improve their performance, deadlines and results.
20. The Promoter reserves the right to publish the names and counties of residence of all winners. Each winner may be required to participate in the Promoter's marketing and promotional activities and by entering the competition consents to such participation.
21. The Promoter will only use the personal details supplied for the administration of the Promotion and for no other purpose, unless we have your consent. The Promoter may disclose entrants' personal information to its contractors and agents to assist in conducting this prize draw or communicating with entrants. See our privacy policy at [link to privacy policy]. The participant may withdraw consent to such use of personal information by writing to the Promoter or by using the opt-out process outlined in the Promoter's privacy policy.
22. These terms and conditions are governed by English law and subject to the exclusive jurisdiction of the English courts.
23. Promoter: Mondelez Europe Services GmbH - UK Branch, Uxbridge Business Park, Sanderson Road, Uxbridge, Middlesex UB8 1DH