Terms & Conditions- Website

  1. Use of the Website

This website is owned and operated by Dr. Oetker Queen Australia Pty Ltd (“we,” “us” or “our“).

By accessing this website, you agree to be bound by the Terms and Conditions set out below, please read them carefully. We may change our Terms and Conditions at any time and it is your responsibility to check regularly to determine whether the Terms and Conditions have been changed. If you do not agree to any of the Terms and Conditions, then you must immediately stop using this website.

References to this website in these terms and conditions apply to this website however you access it, including accessing this website through our mobile applications or a version of this website optimised for use on mobile devices.

Any questions regarding these Terms and Conditions should be directed to:

Marketing Services
Dr. Oetker Queen Australia Pty Ltd
17-19 Wakefield Street

Alderley QLD 4051

E-mail: [email protected]

Telephone number: +61 7 3356 7344

  1. Operation of this website and Amendments

While we use reasonable commercial efforts to make this website available, we cannot ensure that this website will be accessible or available on a timely basis, or that access will be uninterrupted or error free. We take appropriate steps to keep this website free from viruses and other harmful code, but we cannot ensure that this is always the case. You must therefore use up-to-date security software at all times to protect your computer from such viruses and other harmful code. We do therefore not represent or warrant a constant and error-free operation of this website.

We reserve the right to modify or withdraw, temporarily or permanently, this website including these Terms and Conditions (or any part of it) at our own discretion for any reason. Any amendment to these Terms and Conditions will take effect on the posting of the updated terms on this website without giving you further notice. By accessing this website, you accept the amended Terms and Conditions. If you do not wish to be bound by the amended terms, you must discontinue use of this website.

  1. Information on this website

A variety of information, including data, photos and comments (“Content”) is available on and through this website. Any Content is intended, and should be used, for general information purposes only.

The images on our websites are provided to help you to recognise our products. Sometimes we may redesign and improve our packaging, so the images may not reflect exactly the pack that you see in stores when you buy our products. We may use the term “Advertising promotions” on our website relating to promotional content that we have created.

Dr. Oetker Queen Australia Pty Ltd has taken every care in the preparation of the Content of this website. However, except to the extent required by applicable law or as otherwise set out in these Terms and Conditions, Dr. Oetker Queen Australia Pty Ltd does not represent or warrant the completeness or accuracy or usefulness or reliability of any of the Content about any products or services contained on, distributed through, or linked, downloaded or accessed from this website.

  1. Right to use this website and Content

You may browse, print and copy Content provided on this website only for the purposes of personal and non-commercial use. The use of this website, including any reproduction or distribution for public or commercial purposes requires our express written permission.

You must not use this website (a) for any purpose which is unlawful, offensive, obscene or otherwise objectionable or (b) in any manner which would harm or disrupt this website.

  1. Liability and Indemnification

In so far as is permitted by law, Dr. Oetker Queen Australia Pty Ltd excludes liability for any claims, losses, demands, or damages of any kind whatsoever with respect to the website including, direct, indirect, incidental, or consequential losses, or damages, whether arising from loss of profits, loss of revenue, loss of data, loss of use or otherwise and whether or not the possibility of such loss has been notified to us. This will apply whether such claims, loss or damages arise in tort, contract, negligence, under statute or otherwise. Nothing in these Terms and Conditions limits our liability for fraud or death or personal injury resulting from our negligence.

If you are a consumer, i.e. a natural person who uses this website for purposes that predominantly are outside his trade, business or profession, your statutory rights are not affected by this disclaimer. This means that nothing in these Terms and Conditions excludes, restricts or modifies any of your rights or remedies, or any guarantees, warranties or other terms or conditions, implied or imposed by any legislation which cannot lawfully be excluded or limited.

You agree to indemnify us, our affiliates, our licensors and our service provider in respect of any loss, damage, cost or expense, including reasonable attorneys´ fees, suffered or incurred by the same as a result of your wilful or negligent (a) breach of these Terms and Conditions or (b) provision of inaccurate or incomplete Content or other information or (c) use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other wilful or negligent action you take that imposes an unreasonable burden or load on our website infrastructure.

  1. Linking to third party websites

Certain links in this website will lead to websites which are not under our control. When any of these links are activated you will leave our website and we have no control over and will not accept responsibility, or liability, for any material or service contained on any website which is not under our control. The existence of any links on our website does not represent any endorsement or other acceptance of responsibility or liability by us for any products or services provided or available on such sites. We accept no responsibility whatsoever for the accuracy, copyright compliance, legality or decency of any information, material or other content contained in websites linked.

All Content transmitted by you on basis of any functionality made available on this website (including any mobile applications or a version of the website optimised for use on mobile devices), including online invitations, e-cards, email, social sharing or send to a friend functionality are the responsibility of you, the sender.  You confirm that by using this service you will not transmit any material which could be considered unlawful, offensive, obscene or otherwise objectionable. We cannot be held liable either directly or indirectly for the content of any such functionality, nor for any loss nor damage of any kind which you may incur as the result of your use of this service. You agree to us for any such loss which may have occurred.

  1. Registering to use our website

In some instances, consumers will be required to register to use the services available from our website. By registering on our website, you agree to these Terms and Conditions and agree that:

(i)                  The personal information that we ask you to provide when you register as a customer is true, accurate, current and complete in all respects and that you are over 16 years of age

(ii)         You will notify us immediately of any changes to the personal information by contacting [email protected]

  1.  Privacy Notice

We will fully comply with all applicable privacy and data protection regulations when processing your personal data generated by the use of this website. For more information about how we use your personal data please read our privacy policy. You agree that we may use and disclose information about you in accordance with the terms of our privacy notice.

  1.  Cookies

Please see our privacy policy to learn more about what cookies we use and how and why we use them.

  1. Use of our website on mobile devices

This section of the Terms and Conditions applies (in addition to the remaining Terms and Conditions) when you access this website using a mobile application or a version of this website optimised for use on mobile devices. If you do not agree to be bound by any of these Terms and Conditions, you may not use or access our website in its mobile device version and should, if applicable, delete any mobile application used.

When you access our website using a mobile device you are responsible for any carrier or other data charges incurred when using it, and we will not be liable for any charges you incur.  We recommend you check with your network provider if you are unsure of the charges that may apply.

As we have no control over your device’s network connection, except to the extent required by applicable law or as otherwise set out in these Terms and Conditions, we do not represent or warrant that any information is correct or up to date.

  1.  Intellectual property rights

All copyright, trademarks and other intellectual property rights in the Content, including all logos, designs, text, images and other materials on our website, but excluding third party as set out below, are owned or used under licence by Dr. Oetker Queen Australia Pty Ltd or appear with the permission of the relevant owner. Those works are protected by copyright and trademark laws and treaties around the world. All such rights are reserved.

This website may contain Content (including comments, links, photographs or videos) that is generated by other users of this website. This website publishes this Content as uploaded by our users; we do not edit or moderate the Content before it is posted. We do not endorse or adopt any third party Content that is available on this website.

When you post any Content on this website or provide us information in any other manner, you grant to us a non-exclusive, worldwide, perpetual, fully sub-licensable, and royalty-free licence to use this Content and information via this website. By posting or providing this Content or information, you warrant that you own the Content and information, that it is not unlawful, offensive, obscene or otherwise questionable and that our use will not violate any third party’s rights or otherwise place us in breach of any applicable laws.

  1. Severability clause

If any provision of these Terms and Conditions are considered to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

  1. Operator of this website

Dr. Oetker Queen Australia Pty Ltd is registered in the Australia under Australian Company Number 606 358 516 Our registered office is Level 1 1 Joseph Avenue Mentone, Victoria, 3194. ABN 92 606 358 516