Registered office 4 Annandale Street, Annandale, NSW 2038
Share Capital Euro 180.639.990,00= i.v.
ABN 69 088 421 738
Company subject to the direction and coordination of “Barilla Iniziative S.r.l.” (section 2497, Italian civil code)
The website www.barillaaus.com (hereinafter referred to as "the website") is owned and managed by Barilla Australia (hereinafter referred to as "Barilla"), with registered office at 4 Annandale Street, Annandale, NSW 2038. These Terms and Conditions of Use shall apply to any user who will utilise the services provided on the Website.
1. Registration and use of the Services
1.1. By registering on the Website and prior to his/her authentication through access keys (such as "nickname" and "password"), the user is enabled to access the services provided on the website solely as samples, neither to enter text and/or images nor to enter a recipe (hereinafter referred to as "Services").
By submitting his/her personal details, the user accepts to be bound by these Terms and Conditions of Use of the Services.
Use of the Services by the user will be allowed solely for personal and non-commercial purposes.
1.2. The registered user allows Barilla to:
- have the right to publish and use, without limitation and free of charge, the comments made available by the user through the Website;
- have the right to publish and use, without limitation and free of charge, the recipes made available by the user through the Website;
- have the right to reproduce, modify, adapt or develop the recipe without limitation and without the user being entitled to compensation of any kind in connection thereto;
1.4. Barilla makes no commitment to the user regarding the publishing of his/her recipes on the Website. Furthermore, Barilla does not consider itself obliged to take into consideration or develop the recipes provided by users and may discard them in its full discretion and without motivation.
2. Responsibilities and warranties
2.1. The user guarantees that any proposed recipe is lawfully available to him/her, does not contravene binding regulations nor infringe on any intellectual property right, trademark, hallmark, patent or other third-party rights.
It is however explicitly prohibited to use the Services in any manner that may violate, either directly or indirectly, the current laws of Australia.
The user shall be solely liable for any claim that may be brought by third parties in connection with the proposed recipe for alleged violation of any industrial property right, intellectual property right as well as for the infringement of any other binding and applicable provision and, in any case, for any other alleged violation of third-party rights.
2.2. Barilla will in no way be held liable for any damage or prejudice that users may suffer or incur as a consequence of accessing, interconnecting to, downloading material and software programmes from the Website.
Therefore, Barilla and the other companies belonging to the Barilla Group that avail themselves of the Website shall not on any ground be held liable for any damage, loss or prejudice of any kind or nature that users may suffer as a consequence of the contact established through the Website or that may arise out of the use of the material published on the Website or of the software programmes employed.
The contents (text, images, sound, video clips, graphics, trademarks, logos, audiovisuals, etc.) of this Website are exclusive property of Barilla G. e R. Fratelli Società per Azioni and/or of third parties and are protected under the applicable copyright laws and regulations, i.e. Law no. 633/1941, as further amended and integrated, (hereinafter referred to as the "Copyright Law"). Reproduction, communication to the public, making available to the public, renting and lending, public execution, including a partial one, and disclosure of said contents without the prior authorisation of the owner of the rights is prohibited. Infringers will be sanctioned as provided for in Articles 171, 171-bis, 171-ter, 174-bis and 174-ter of the above-mentioned Copyright Law.
Barilla Australia Pty Ltd ("Barilla Australia", "we", "our" or "us") owns and operates this website. We care about your privacy and are subject to the operation of the Privacy Act 1988 (Cth) (Privacy Act). This policy sets out in detail how we manage the personal information you provide to us, so as to ensure we meet our obligations under the Act.
We respect your rights to privacy under the Privacy Act. We will not use or disclose your personal information other than for the purposes described in this policy, related purposes or for purposes for which we have received your consent, subject to the exceptions provided for in the Act.
When and how do we collect and hold personal information?
"Personal information" is any information or opinion about an individual that can be used to identify that individual. We will only collect personal information about you if you provide it to us knowingly.
Information will generally be collected from the following sources:
(a) mailing lists that you join;
(b) contact you have with us;
(c) Barilla Australia promotions; and
(d) Barilla Australia events.
What kind of information do we collect and hold?
We only collect personal information to the extent that this is reasonably necessary for one or more of our functions or activities.
This includes the following kinds of information:
(a) full name;
(b) email address;
(c) physical address; and
(d) mobile number.
If you do not provide your personal information to us, you may not be able to use the website.
We also sometimes use "cookies" and "log files" to store your preferences, record session information and collect information on how you visit and access our web pages. This information is collected automatically whenever you use this website. Cookies and log files do not include personal information that is able to identify you.
The purposes for which we collect, hold, use and share personal information
Purposes for which we may collect personal information include, but are not limited to:
(a) providing you with our services;
(b) informing you of upcoming events;
(c) keep you up to date with services or products that may be of interest to you;
(d) administering the Barilla Australia website and mailing list; and
(e) any other activity consistent with our Memorandum and Articles of Association.
What do we do with the information?
We will not use or disclose personal information for purposes other than those connected with the primary purpose of collection, those to which you have consented, for a reasonably related secondary purpose which we believe you should reasonably expect, or otherwise as permitted or required by law.
We share your personal information with our sponsors and other entities associated with the operation of the website and our related entities and our business affiliates who we believe may have goods or services that may be of interest to you.
Your personal information is used by us, our sponsors, our related entities and our business affiliates to promote and market services to you (including by way of direct mail, telemarketing, email, SMS and MMS messages). We do this to keep you informed of products, services and special offers. We may continue to promote and market services to you after you cease using the website. We may use your personal information for any marketing purposes including analysing website user demographics, promotion results and event attendee demographics.
We will not use or disclose personal information for the purposes of direct marketing to you unless:
(a) you have consented to receive direct marketing materials; or
(b) you would reasonably expect us to use your personal details for this purpose; or
(c) we believe you may be interested in the material but it is impractical for us to obtain your consent.
In every instance, we will ensure that our direct marketing material incorporates an option for you to elect to receive no further such communications.
Please note also that even if you have requested not to receive further direct marketing communications, we may nevertheless continue to provide you with information about changes to our terms and conditions for the supply of goods or services, questionnaires and other factual information. This form of communication is not regarded as "direct marketing" under the Privacy Act.
If you do not wish us or our related bodies and business affiliates to promote and market products, services and special offers to you, please contact: email@example.com or Marketing Department Barilla Australia, PO Box 205, Westgate Post Office NSW 2048.
Secondary purposes for which we may use or disclose personal information include disclosure to maintenance personnel or other third party contractors (including outsourced and cloud service providers) who may be unable to avoid accessing personal information in the course of providing technical or other support services to us.
We may also use or disclose your personal information for other purposes if you have consented to the use or disclosure or it is necessary to comply with the law.
Sharing your personal information with overseas recipients
We may share your personal information with our sponsors, other entities associated with the operation of the website, our related entities and our business affiliates, some of whom may be located overseas. It is not practicable for us to specify in advance where these companies will be located.
How do we use "cookies" and "log files"?
We may also log IP addresses (i.e. the electronic addresses of computers connected to the Internet) to analyse trends, administer the website, track users' movements on the website, and gather broad demographic information for aggregate use and for advertisers and business partners.
What do we do to safeguard personal information?
Typically, we will store personal information on a secure electronic database, located in Sydney, Australia.
Personal information may be sent offshore for storage to related bodies corporate, as permitted by the Privacy Act, which are located in Milan, Italy.
In addition, it is possible that we, or our subcontractors, will utilise cloud technology in connection with the storage of personal information, and it is possible that this may result in off-shore storage. It is not practicable for us to specify in advance which country will have jurisdiction over such off-shore activities. All of our subcontractors, however, are required to comply with the Privacy Act in relation to the transfer or storage of personal information overseas.
We take reasonable steps to preserve the security of your personal information and other information or data processed through the website. Unfortunately, no data transmission over the Internet can be guaranteed as perfectly secure. As a result, although we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us and you transmit such information at your own risk.
Once we have received data information you transmit to us, we implement reasonable measures to protect the security of the information in our own systems including restricting physical access to your personal information and using firewalls and secure databases.
What about links to other websites?
How you can access your personal information and seek a correction
We will take such steps as are reasonable to ensure that the personal information which we collect remains accurate, up to date and complete.
We will provide you with access to your personal information held by us unless we are permitted under the Privacy Act to refuse to provide you with such access. Please contact us via the details below if you:
(a) wish to have access to the personal information which we hold about you;
(b) consider that the personal information which we hold about you is not accurate, complete or up to date; or
(c) require further information on our personal information handling practices.
Contact Details: firstname.lastname@example.org or Marketing Department, Barilla Australia, PO Box 205, Westgate Post Office NSW 2048
There is no charge for requesting access to your personal information but we may require you to meet our reasonable costs in actually providing you with access.
If you consider that the information which we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, we will take reasonable steps, consistent with our obligations under the Privacy Act, to correct that information if you so request.
We will respond to all requests for access and/or correction within a reasonable time.
What should I do if I have any privacy-related complaints?
If you have any complaint regarding our treatment of your personal information, please email: email@example.com or Marketing Department, Barilla Australia, PO Box 205, Westgate Post Office NSW 2048.
When we receive complaints, we endeavor to respond as quickly as possible and within five working days. Your complaint is forwarded to the appropriate area of the business so that it may be resolved effectively.
If you remain dissatisfied with the way in which we have handled a privacy issue, we suggest you approach an independent advisor or contact the Office of the Australian Information Commissioner for guidance on alternative courses of action which may be available. We will provide our full cooperation in the event that you elect to pursue this course of action.
2015 TRADE LOADER TERMS AND CONDITIONS
Passport to Success - Rewards Program
1. Instructions on how to claim and enter and the rewards and prizes form part of these Terms and Conditions. Participation in this Program is deemed acceptance of these Terms and Conditions.
2. “Big Barilla Rewards Program” (“Program”) is being conducted by: Barilla Australia Pty Ltd,4 Annandale St, Annandale NSW 2048 (ABN 69 088 421 738).
3. The Program is open to Australian and New Zealand Independent Grocers who are invited by the Promoter to participate in the promotion (“Eligible Participant”). Barilla Australia Pty Ltd reserves the right, in their absolute discretion, to determine whether a business or individual is an Eligible Participant for the purpose of the Program.
4. The Program contains two (2) components: (a) reward program component for Independent Grocers; and (b) a game of skill component for Independent Grocers.
Reward program component
5. Incremental Marketing Group of –Unit 3.09, 14-16 Lexington Drive, Norwest Business Park, Bella Vista NSW 2153 (“IMG”) has been appointed by Barilla Australia to conduct the Program on their behalf. Barilla Australia and/or IMG reserve the right, at any time, to verify the validity of sales figures and entries and Eligible Participants (including an Eligible Participant’s identity) and to disqualify any Eligible Participant who tampers with the Program or does not participate in accordance with these Terms and Conditions. Barilla Australia and/or IMG reserve the right to verify the sales figures or entries provided by any participating Eligible Participant and decline to provide any reward or incentive or prize to an Eligible Participant if the sales figures are subsequently found to be incorrect or entries are found to be invalid. Errors and omissions will be accepted at Barilla Australia’s discretion. Failure by Barilla Australia and/or IMG to enforce any of their rights at any stage does not constitute a waiver of those rights. Barilla Australia’s decisions are final and no correspondence will be entered into.
6. Each Eligible Participant acknowledges and agrees that sales figures will be based on information supplied by the participating Distributors or Brokerages, or invoices supplied by the Eligible Participant to Barilla Australia. Barilla Australia and IMG accept no responsibility for the participating Distributors or Brokers failure to provide the sales figure or failure to provide the sales figures in a timely fashion for the purpose of the Program, or the provision of incorrect sales figures. If the Distributor or Broker does not provide the sales figures then the Eligible Participant will be ineligible.
7. Trade period commences on 11th March 2015 and closes by 5pm AEST on 1st May 2015 (“Trade Period.
8. The Promoter will set a carton mix that is made up as follows: approximately approximately 10% Pesti, approximately 30% Sauce, approximately 60% pasta (“the Specified Carton Mix”). The Specified Carton Mix will be determined by the Promoter in its absolute discretion. Bonus Stock will consist of a mix of pasta and sauce. Each Independent Grocer will be set a package target, to be achieved during the Trade Period for Barilla Australia, which is:
(a) Package 1: (i) buy 25 cartons in the one transaction with the Specified Carton Mix; (ii) Erect an Off Location Display for the duration of the offer incorporating pasta, sauce and pesti product lines; (iii) gain additional distribution; (iv) display shelf stripping and /or hangsell; and (v) achieve eye level shelf positioning to create a Barilla brand block;
(b) Package 2: (i) buy 50 cartons in the one transaction with the Specified Carton Mix; (ii) Erect an Off Location Display for the duration of the offer incorporating pasta, sauce and pesti product lines; (iii) gain additional distribution; (iv) display shelf stripping and /or hangsell; and (v) achieve eye level shelf positioning to create a Barilla brand block; or
(c) Package 3: (i) buy 100 cartons in the one transaction with the Specified Carton Mix (ii) Erect an Off Location Display for the duration of the offer incorporating pasta, sauce and pesti product lines; (iii) gain additional distribution; (iv) display shelf stripping and /or hangsell; and (v) achieve eye level shelf positioning to create a Barilla brand block.
9. If the Independent Grocer achieves Package 1 they will be eligible to receive their choice of one reward from the relevant package reward pool or a bonus stock option as follows: option 1: Apple iPod Shuffle RRP $55.00, or option 2: bonus stock of 3 free cartons. The free additional cartons will be made as per the Specified Carton Mix.
10. If the Independent Grocer achieves Package 2 they will be eligible to receive their choice of one reward from the relevant package reward pool or a bonus stock option as follows: option 1: Fit Bit HR Charge RRP $199.00 or option 2: bonus stock of 9 free cartons. The free additional cartons will be made as per the Specified Carton Mix.
11. If the Independent Grocer achieves Package 3 they will be eligible to receive their choice of one reward from the relevant package reward pool or a bonus stock option as follows: option 1: Apple iPad Mini 2 WiFi 16GB RRP $369.00 or option 2: bonus stock of 15 free cartons. The free additional cartons will be made as per the Specified Carton Mix.
12. The Barilla Australia’s representatives will visit the invited Independent Grocers to determine if they have successfully achieved the criteria for the relevant package & photographic evidence will be required to confirm the store meets the respective package criteria. After the conclusion of the Trade Period, Barilla Australia and/or IMG will contact each of the Independent Grocers who have qualified for their reward and obtain instructions on which reward they want to select, if they have not done so already. The Independent Grocers should allow up to 6 weeks after the Trade Period to receive their reward.
13. If any Barilla goods are returned or not paid for then the Independent Grocer’s figures will be adjusted based on actual products purchased and paid for.
Game of skill component
14. During the Trade Period, Independent Grocers can enter the game of skill component by taking a photograph of the “BIG BARILLA” Off Location Display and sending it to the Promoter via their Barilla Australia representative. Limit of one entry per Independent Grocer.
15. Following the close of the Trade Period, entries will be individually judged based on the originality and artistic and creative merit of the display as featured in the photograph. The best valid entry will be awarded a Panasonic 50” FHD LED LCD TV RRP $799.00, as determined by the Promoter in its absolute discretion. The winner will be announced on Friday 29th May 2015.
16. Barilla Distributors/Brokerages and employees/managers/owners of Eligible Grocers agree that they are fully responsible for any materials they submit via the Program including but not limited to comments, recordings and images (“Content”). Barilla Australia shall not be liable in any way for such Content to the full extent permitted by law. Barilla Australia may remove or decline to publish any Content without notice for any reason whatsoever. Barilla Distributors/Brokerages and employees/managers/owners of Eligible Grocers warrant and agree that:
(a) they will not submit any Content that is unlawful or fraudulent, or that Barilla Australia may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
(b) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
(d) they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party;
(e) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
(f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Without limiting any other terms herein, Barilla Distributors/Brokerages and employees/managers/owners of Eligible Grocers agree to indemnify Barilla Australia for any breach of the above terms.
17. The Barilla Distributor/Broker of each eligible Independent Grocer will take pictures of the in-store displays during the advised period, when the point of sale material is required to be displayed for that relevant Independent Grocer. The Barilla Distributor/Broker will subsequently upload these pictures to the Be Barilla Facebook Page (following the instructions advised to them by the Promoter) during the Promotional Period. The Promoter and/or IMG will assess the Barilla displays depicted in the photos uploaded, in respect of the above Reward Program to ensure they are eligible to receive a Prize and for judging in the Game of Skill Component.
18. ‘iPad’ and ‘iPod’ are trademarks of Apple Inc. Apple Inc. is not a participant in or sponsor of this Program.
19. If any reward or prize is unavailable, Barilla Australia, in their absolute discretion, reserves the right to substitute the reward with a reward to the equal value and/or specification. Rewards or any part thereof, are not transferable or exchangeable and cannot be taken as cash.
20. If this Program is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of Barilla Australia, Barilla Australia reserve the right, in their sole discretion, to the fullest extent permitted by law (a) to disqualify any Eligible Participant; or (b) to modify, suspend, terminate or cancel the Program, as appropriate.
21. Except for any liability that cannot be excluded by law, Barilla Australia and IMG (including their officers, employees and agents) exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Program, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under Barilla Australia or IMG’s control); (b) any theft, unauthorised access or third party interference; (c) any claim, correspondence or reward that is late, lost, altered, damaged or misdirected (whether or not after their receipt by Barilla Australia or IMG) due to any reason beyond the reasonable control of Barilla Australia (d) any variation in reward value to that stated in these Terms and Conditions; (e) any tax liability incurred by a reward recipient; (f) use of a reward; or (g) a Distributor or Broker not agreeing to participate.
22. Barilla Australia and IMG accept no responsibility for any tax liability arising from the receiving a reward under this Program. Independent financial information should be obtained.
23. Barilla Australia and IMG collect personal information of authorised representatives of Eligible Participants and also sales information for the Eligible Participants in order to conduct the Program and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, offer suppliers and as required, to Australian regulatory authorities. Participation is conditional on providing this information. Barilla Australia may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the authorised representatives or the Eligible Participants. Individuals should direct any request to access, update or correct personal information to Barilla Australia. All claims/entries become the property of Barilla Australia.