THIS WEBSITE IS OWNED AND OPERATED BY MCCORMICK FOODS AUSTRALIA PTY LTD (“MCCORMICK”). PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE MCCORMICK WEBSITES AND MOBILE APPLICATIONS (THE “SITES”). WHEN YOU AGREE TO USE OUR SITE, YOU AUTOMATICALLY AGREE TO THEM. THANK YOU FOR VISITING OUR SITES.
This agreement (”Agreement”) governs your use of the Site and your access to and use of the content, postings, links, pages, services and/or other materials offered on the Sites and any other sites McCormick may make available and any lower level domains of the foregoing (which, collectively, constitute the “Services”). By accessing any of the Services, you agree you are bound by this Agreement, as it may be amended or supplemented from time to time, and agree to all operating rules that may be published by McCormick on the Sites. All these rules are incorporated into this Agreement by this reference. You must not use our Services if you do not agree with the terms of this Agreement.
INDIVIDUAL USE.
You are only authorized to visit, view and retain copies of pages of this Site solely for your own individual use. You may not duplicate, download, publish, modify or otherwise distribute any material on this Site for any purpose other than for your own individual use unless authorized by McCormick in writing. You must not use the Services in any way that is unlawful, illegal or breaches the rights of McCormick or any third party.
THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
You may not use the Services to transmit material that: (i) is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner; (ii) reveals trade secrets, unless you own them or have the permission of the owner; or (iii) infringes on any intellectual property rights of others or violates the privacy or rights of publicity of others.
YOUR PRIVACY.
By accepting this Agreement and submitting your personal information on our website, you understand and agree that we may use, collect and share such information in accordance with our Privacy Policy. Our Privacy Policy is incorporated by reference into this Agreement.
LINKS.
Occasionally McCormick provides links to other websites (“Third Party Sites”) from the Sites. McCormick attempts to ensure that each of the links from the Sites is appropriate for its consumers. However, McCormick does not endorse the Third Party Sites and McCormick is not responsible for the content of any Third Party Site. McCormick makes no representations about the quality or accuracy of material available on Third Party Sites or that such material does not infringe the intellectual property rights of a third party.
RIGHT TO REVISE THIS AGREEMENT.
McCormick has the right at any time to revise and to otherwise modify this Agreement, and to impose new or additional terms or conditions (collectively, “Additional Terms”) on your use of the Services. Such Additional Terms are effective immediately and are incorporated into this Agreement when posted by McCormick to the Site. Use of the Site following such notice indicates your acceptance of all such Additional Terms.
McCormick may vary the terms of this Agreement at any time, and by continuing to use the Site and our Services, you consent to any variations. McCormick may not notify you of these variations and it is your responsibility to regularly check the terms of this Agreement for any variations.
TERMINATION OF THE SERVICES.
You may stop using the Site or our Services at any time.
McCormick has the right, at any time, to modify or discontinue, temporarily or permanently, the Services, and/or to refuse or restrict anyone from access to any of the Services, with or without notice and in its sole discretion. McCormick shall not be liable for any modification, suspension or discontinuance of any Services.
MCCORMICK MAKES NO WARRANTIES.
YOU USE THE SITES AND SERVICES AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND (SUBJECT TO APPLICABLE LAW), EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. McCORMICK DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. IN ADDITION, McCORMICK DOES NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE SITE IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING IT FROM JURISDICTIONS WHERE THE CONTENT IS ILLEGAL IS EXPRESSLY PROHIBITED. Some jurisdictions do not allow exclusion of implied warranties, so the above exclusions may not apply to you.
LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, McCORMICK IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF McCORMICK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF McCORMICK FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) IN ANY WAY RELATED TO THE SITE OR THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY DOLLARS ($250).
CHOICE OF LAW.
By accessing the Services, you agree that the laws of Victoria, Australia govern all matters relating to this Agreement, and any dispute in relation to this Agreement or your access or use of the Site will be the exclusive jurisdiction of the Courts of Victoria. Regardless of any law to the contrary, any claim or cause of action related to the Services must be commenced within one (1) year after such claim or cause of action arose or be forever barred.
MISCELLANEOUS TERMS.
This Agreement constitutes the entire agreement between you and McCormick with respect to the subject matter addressed herein, and governs your use of the Site and Services, superseding any prior agreements between you and McCormick relating to such subject matter. This Agreement may be supplemented by any other agreement you enter into with McCormick pursuant to a registration to access certain features of the Site. The failure of McCormick to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. The section headings used in this Agreement are for convenience only and have no legal effect. McCormick’s Services are not intended for use by or availability to minors.
MOBILE SERVICES TERMS & CONDITIONS
The following terms and conditions govern your use of the McCormick “Send to Phone” recipe service (THE SERVICE). Your use of any aspect of THE SERVICE will constitute your agreement to comply with these terms and conditions.
PARTICIPATING CARRIERS AND FEES.
THE SERVICE is available on the following carriers: AT&T, Verizon, Sprint, T-Mobile, and other participating carriers based on their approval. Please verify program participation with your carrier. Standard text message rates apply.
Other costs may apply when browsing McCormick mobile recipes on your phone’s mobile browser, so please consult with your cell phone plan or service provider to verify service costs. All charges are billed by and payable to your mobile service provider.
CONTACT INFORMATION.
You agree that the cell phone number you enter in THE SERVICE is registered in your name, and that you will not initiate messages to the cell phone of any other person or entity.
CONTENT.
You agree not to modify the format or branding of the content provided in THE SERVICE (”Content”), or to add any materials, including any advertisements or other promotional content, to such Content. The Content is owned by McCormick, our affiliates or licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the Content on a designated compatible mobile device, solely for your own personal, non-commercial use. You shall not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Content or THE SERVICE except as expressly provided for in this Agreement.
