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We hope you enjoy visiting and using BENEFUL DOGSPACE.
Our pet loving lawyers have asked us to communicate a few key points to you, please
read these carefully.
Click on the following links for more detailed information:
Terms and Conditions: BENEFUL DOGSPACE
Terms and Conditions: Dog of the Month
Terms of Use
If you do not find the information you are looking for we
would be happy to answer any questions you may have. Click here to contact us.
BENEFUL DOGSPACE
TERMS AND CONDITIONS
BENEFUL DOGSPACE is a networking service offered by Nestlé
Australia Ltd trading as Nestlé Purina PetCare ABN 77 000 011 316 (Purina)
that allows members to create unique personal profiles online about their dog in
order to communicate with other dog lovers.
You are only authorised to use BENEFUL DOGSPACE if you agree to these terms and
conditions.
Purina may modify these terms and conditions from time to time and any such modification
will be effective upon posting of the modification on the BENEFUL DOGSPACE site.
Please choose carefully the information you post on BENEFUL DOGSPACE and that you
provide to other users. Remember that this is an online, public environment and
you should be wary of providing any personal information or information that identifies
you to other users.
Your BENEFUL DOGSPACE profile and postings may not include the following: telephone
numbers, street addresses, last names, and any photographs showing cruelty to animals,
unlawful or obscene, violent, harassing, sexually explicit or other objectionable
subject matter.
Despite this prohibition, information provided by other BENEFUL DOGSPACE members
may contain inaccurate or offensive material and Purina assumes no responsibility
or liability for this material. Purina does not monitor the BENEFUL DOGSPACE site
for inappropriate content or conduct. If you become aware of misuse of the BENEFUL
DOGSPACE site by any person, please contact Purina immediately by email on askpurina@au.nestle.com.
Purina reserves the right, in its sole discretion, to reject, refuse to post or
remove any posting by you, or to restrict, suspend, or terminate your access to
all or any part of the BENEFUL DOGSPACE site at any time, for any or no reason,
with or without prior notice, and without liability.
1. Eligibility
Use and membership of BENEFUL DOGSPACE is void where prohibited.
By using BENEFUL DOGSPACE, you represent and warrant that:
(a) all registration information you submit is truthful and accurate;
(b) you will maintain the accuracy of such information;
(c) you are 18 years of age or older;
(d) your use of BENEFUL DOGSPACE does not violate any applicable law and is in accordance
with these terms and conditions. 1.2 Please note, your profile may be deleted and
your membership may be terminated without warning if we believe that you are under
18 years of age.
(e) the photo of the dog/s on your profile are legitimate, being that they are indeed your living pet/s;
(f) if you are found to have used language and/or material in your profile that is deemed by our moderator to be offensive; and
(g) if you are found to have used language and/or material in your communications with other users that is deemed by our moderator to be offensive;
2. Term
You may terminate your membership at any time, for any reason,
by following the instructions on the Manage My Profile page. Purina may terminate
your membership at any time, without warning. You must notify us when you terminate
your membership if you want us to also delete you from our database.
3. Content on BENEFUL DOGSPACE
3.1 Purina does not claim any ownership rights in the text,
files, images, photos, video, or any other materials (Content) that you post to
the BENEFUL DOGSPACE site. By posting any Content on or through the BENEFUL DOGSPACE
site, you hereby grant to Purina a limited license to use, modify, publicly perform,
publicly display, reproduce, and distribute such Content solely on and through the
BENEFUL DOGSPACE site and on the BENEFUL homepage.
3.2 This licence you grant to Purina is non-exclusive (meaning you are free to use
your Content elsewhere), and royalty-free (meaning that Purina is not required to
pay you for the use on the BENEFUL DOGSPACE site of the Content that you post),
able to be sublicensed by Purina (for example to its internet service providers),
and worldwide (because the internet and the BENEFUL DOGSPACE site are global in
reach).
3.3 You represent and warrant that:
(a) you own the Content posted by you on BENEFUL DOGSPACE; and
(b) the posting of your Content on BENEFUL DOGSPACE does not violate the privacy,
copyright or any other rights of any person and is in accordance with these terms
and conditions..
3.4 Except for Content posted by you, you may not copy, modify, translate, publish,
broadcast, transmit, distribute, perform, display, or sell any Content appearing
on BENEFUL DOGSPACE.
3.5 Purina is not responsible for any incorrect or inaccurate Content posted on
the BENEFUL DOGSPACE site.
3.6 Inclusion of any linked website on the BENEFUL DOGSPACE site does not imply
approval or endorsement of the linked website by Purina.
4. Content Posted
4.1 Purina may delete any Content that in the sole judgment
of Purina breaches these terms and conditions or which may be offensive, illegal
or threaten the rights or safety of any person or animal.
4.2 If at any time Purina chooses, at its sole discretion, to monitor the BENEFUL
DOGSPACE site, Purina is under no obligation to modify or remove any inappropriate
Content, and assumes no responsibility for the conduct of the user submitting any
such Content.
4.3 You are solely responsible for the Content that you post on the BENEFUL DOGSPACE
site, and any material or information that you post for other members to read and
for your interactions with other members (including emails). Purina does not endorse
and has no control over the Content or any interactions by members (including emails).
Content is not reviewed prior to posting and does not necessarily reflect the opinions
or policies of Purina. Purina makes no warranties, express or implied, as to the
Content or to the accuracy and reliability of the Content or any material or information
that you transmit to other members via the forums.
5. Consent to receipt of emails
By including your email details on the BENEFUL DOGSPACE
site, you:
(a) acknowledge that other members will be entitled to email you directly (in accordance
with these terms and conditions); and
(b) consent to the receipt of any emails received from other members (in accordance
with these terms and conditions).
6. Non-commercial Use
6.1 The BENEFUL DOGSPACE site is for the personal use of
members only and may not be used in connection with any commercial operations.
6.2 Illegal and/or unauthorised use of the BENEFUL DOGSPACE site, including collecting
usernames or email addresses of members by electronic or other means for the purpose
of sending unsolicited email (spam) or unauthorised linking to the BENEFUL DOGSPACE
site is prohibited.
7. Privacy
Use of the BENEFUL DOGSPACE site is also governed by our
Privacy Policy, which in incorporated into these terms and conditions by this reference
and is available to be viewed by clicking on ��Privacy�� at the bottom of this page.
8. Limitation on Liability
8.1 In no event will Purina be liable to you or any third
party for any indirect, consequential, incidental damages including lost profits
or damages arising from your use of the BENEFUL DOGSPACE site.
8.2 Purina is not responsible for the conduct, whether online or offline, of any
user of the BENEFUL DOGSPACE site.
9. Jurisdiction
The BENEFUL DOGSPACE site and these terms and conditions
are governed by and must be interpreted in accordance with the laws of Australia.
Each user and member unconditionally submits to the non exclusive jurisdiction of
the courts of Australia.
10. Indemnity
You agree to indemnify and hold Purina, its subsidiaries
and affiliates, and their respective officers, agents, partners, employees and contractors,
harmless from any loss, liability, claim, or demand, including reasonable solicitors
fees, made by any third party due to or arising out of your use of the BENEFUL DOGSPACE
site in breach of these terms and conditions (including a breach of your representations
and warranties set out above).
11. Other
These terms and conditions are accepted by your agreement
during the process of becoming a member. These terms and conditions constitute the
entire agreement between you and BENEFUL DOGSPACE regarding the use of the BENEFUL
DOGSPACE site. The failure of Purina to exercise or enforce any right or clause
of these terms and conditions does not operate as a waiver of such right or clause.
BENEFUL DOGSPACE
DOG OF THE MONTH COMPETITION
TERMS AND CONDITIONS
1. Information on how to enter & prizes form part of these terms & conditions.
Any entry not complying with these terms and conditions is invalid.
2. Entry is open to residents of Australia. Employees of the Promoter, the Promoter's associated companies,
the Promoter's agencies associated with this Competition and their immediate families are ineligible to enter.
3. The Competition commences on 1 February 2008 & ends at 11:59pm AEDST on 31 January 2009 ("Competition Period").
4. The Competition is open to registered BENEFUL DOGSPACE users. By registering as a BENEFUL DOGSPACE user ('User'),
Users can create their own BENEFUL DOGSPACE profile and vote for other User's BENEFUL DOGSPACE pages. Each month,
the registered creator of the BENEFUL DOGSPACE profile that receives the most votes from other Users will win the monthly prize.
There is one prize each month for 12 months.
5. To register as a BENEFUL DOGSPACE user, simply go to www.beneful.com.au and complete the registration process.
Users can then create their own BENEFUL DOGSPACE profile in accordance with the conditions of that site.
6. During the Competition Period, Users will be invited to vote for their favourite BENEFUL DOGSPACE profile by
sending �Bones� (1 Bone or 1 Bonus Bone = 1 vote). Voting will be online and voting instructions are included on the
website. Each month Users will automatically accrue 50 Bones. Users may send multiple Bones to the same profile but
cannot send Bones to their own profile.
a. Users may vote up to 50 times in any month (limit of 50 Bones still applies
even if a User has more than one profile).
b. Users may vote up to 50 times in any month with Bones automatically accrued,
but Users may also vote with any Bonus Bones accrued in accordance with clause 7 below.
7. Accrue Bonus Bones. Users are able to collect Bonus Bones every time they use the Promoter�s �refer a friend�
service to send an email about BENEFUL DOGSPACE to a friend who is resident in Australia. If the User�s friend
registers a profile on DOGSPACE then both the User and their friend will each receive 25 Bonus Bones. The Bonus
Bones will only be awarded once per person referred and provided that person has not already registered on the
BENEFUL DOGSPACE website and has not already received an email directly from the Promoter or from a different
referrer. There is no limit to the number of Bonus Bones a User may accumulate.
8. The BENEFUL DOGSPACE profile which receives the most number of votes each month during the Competition Period
will win the prize for that month. Chance plays no part in determining the winner. The same BENEFUL DOGSPACE profile
is only eligible to win one prize during the Competition Period. If the profile with the most number of votes in a month
has won the prize in a previous month, the profile with the second most number of votes for that month will win the prize
(and so on, until a profile is eligible for the prize). In the event of a drawn vote the winning profile will be selected
by the Promoter, based on the profile which the Promoter considers in its sole discretion best supports and/or reflects the BENEFUL brand.
9. Votes will be counted on a calendar month basis, with counting closing at midnight on the last day of the month.
Voting for the last month closes at 11:59pm AEDST on 31 January 2009.
10. Monthly prize winners will be notified by telephone or email. The prize for each monthly winner is an one month's
supply of BENEFUL dog food (based on the recommended daily feed for an adult dog weighing up to 25kg of 3 x 112g cups of BENEFUL).
The prize will be delivered as follows:
a. From February to March 2008 inclusive - 12 x 1kg bags (12kgs) of BENEFUL with a total value
of $50.16 recommended retail price (�RRP�); and.
b. From April 2008 to January 2009 inclusive - 4 x 3kg bags (12kgs) of BENEFUL with a total
value of $47.88 RRP.
11. Total prize pool is valued at $581.40 RRP.
12. Prizes are not transferable & cannot be taken as cash, unless otherwise stipulated. Prize values are correct at time
of printing but no responsibility is accepted for any variation in the value of any prizes.
13. By voting, monthly prize winners agree to the use of their name for publicity and promotional purposes
associated with the BENEFUL website, without compensation.
14. All entries become the property of the Promoter. All details will be held in accordance with the
Nestl� Privacy Policy which can be accessed by visiting www.nestle.com.au or calling 1800 005 510.
15. The Promoter's decision is final and no correspondence will be entered into.
16. Prizes will only be delivered in Australia and winners should allow 28 days from the close of voting for delivery of their prize.
17. If for any reason this Competition is not capable of running as planned, whether caused by infection by
computer virus, mobile phone failure, line drop out, bugs, tampering, unauthorised intervention, fraud, technical
failures or any other cause beyond the control of the Promoter which corrupt or affect the administration, security,
fairness or integrity of the Competition, the Promoter reserves the right in its sole discretion, (subject to any
written direction given by a relevant Regulatory Authority), to cancel, terminate, modify or suspend the Competition.
The Promoter may in its sole discretion disqualify any individual who tampers with the entry or voting process.
18. The Promoter is Nestl� Australia Ltd, trading as Nestle Purina Petcare ABN 77 000 011 316 of 6/123 Epping Road,
North Ryde 2113.
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