TERMS OF SERVICE
Welcome to Vantage by Kellogg’s and our Terms of Service (the “Terms”). These Terms are important and affect your legal rights, so please read them carefully. Note that these Terms contain a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
By accessing or using the website (the “Site”) provided by Kellogg Europe Trading Limited, Suite 3, One Earlsfort Centre, Lower Hatch Street, Dublin 2 (company registration number 387390) or our subsidiaries or other affiliates (collectively, “Kellogg”, “we,” “us” or “our”) that link to these Terms, you agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Site or order, receive or use the products made available through the Site (collectively, the “Products”).
Kellogg reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification or providing notice through the Site. Continuing to access or use the Site or order, receive or use Products, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site or order, receive or use the Products.
1. Privacy Notice
Please refer to our Privacy Notice for information about how we collect, use and disclose information about you. https://www.kelloggsvantage.com/en-gb/privacy/
The Site is not targeted toward or intended for use by anyone under the age of 18 or anyone outside of the United Kingdom and Republic of Ireland. By using the Site, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United Kingdom or the Republic of Ireland , (c) are acting in a business capacity (d) have not been previously suspended or removed from the Site/engaged in any activity that could result in suspension or removal from the Site; (e) are legally capable of entering into binding contracts, (f) the information given on your order form is complete and accurate and (g) you will keep your password confidential and will be responsible for all of your account activity. If you think that anyone might have obtained your password, you must change it immediately.
3. Registration, Account and Communication Preferences
In order to access and use certain areas or features of the Site, you will need to register for a Vantage account. During the registration process, you may be asked to choose a username and password. You are responsible for all actions taken under that username and password and must only order from the Site under your own username and password. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorised access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Site or your account.
It is a crime to use a false name to order an item from the Site. Anyone caught deliberately entering an incorrect or fictitious order will be prosecuted to the fullest extent of the law. We reserve the right to track the electronic fingerprints of every order placed on the Site to enable us to trace individuals engaging in criminal activities on or using the Site.
By creating a Kellogg’s Vantage account, you also consent to receive electronic communications from Kellogg’s Vantage (e.g. via email or by posting notices to the Site). These communications may include notices about your account (e.g. notices about transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. If, when signing up to the Site, you choose to opt in to marketing communications, we may send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided in the electronic communication.
4.Terms of Order
The POS available on the Kellogg’s Vantage website is free of charge. We reserve the right, however, to make a charge should market conditions dictate but we will provide notice of any charges applicable to you before you proceed with your order.
All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products without prior notice. We strive to provide you with high-quality Products and given the nature of certain Products and market conditions beyond our control, we may be required to make substitutions from time to time.
All orders are subject to acceptance by us. After placing an order, you will receive an email from us acknowledging that we have received and accepted your order. We will send you an email or other notification confirming that your order has been completed and we will use reasonable commercial endeavours to fulfill the order within 28 days. If your order has been unsuccessful, you will be made aware of the reason why and possible explanations.
Shipping and Handling
The Kellogg’s Vantage service is a free of charge service, therefore shipping and handling is also free of charge to customers. We reserve the right, however, to add shipping and handling charges should market conditions dictate but we will provide notice of the charges applicable to you before you proceed with your order. Generally, shipping is handled by a third-party courier. When you order a Product from the Kellogg’s Vantage website, any shipping times shown on the Site are estimates only. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export. All Products ordered from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third-party courier.
You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. From the time of delivery, the condition of the Products is solely at your risk. You are solely responsible for the proper and safe handling, storage and use of the Products following delivery.
In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible.
No Onward sale
You are not permitted to sell or otherwise use the Products for commercial purposes otherwise than as contemplated in these Terms.
If you are dissatisfied with a product for any reason, please contact us at email@example.com. Any returns made at your own expense.
5. License to Access and Use Our Site and Content
Unless otherwise indicated in writing by us, the Site and all content and other materials contained therein, including, without limitation, the Vantage by Kellogg’s logo and all designs, text, graphics, pictures, information, data, software, sound files, User Content (as defined in Section 10), other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Kellogg or our licensers or users, as applicable, and are protected by UK and international copyright laws.
You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Site and Content. However, such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Site or Content, (b) distribute any Content, (c) modify or otherwise make any derivative uses of the Site or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download any portion of the Site or Content, except as expressly permitted by us, and (f) use the Site or Content other than for their intended purposes. Any use of the Site or Content other than as specifically authorised herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorised use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Kellogg or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
Notwithstanding anything to the contrary in these Terms, the Site and Content may include software components provided by Kellogg Europe Trading Limited or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
Kellogg Company, the Kellogg logo and any other Kellogg Company Product or service names, logos or slogans that may appear on the Site or Products are trademarks of Kellogg Company and/or its affiliated companies and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilising “Kellogg” or any other name, trademark or Product or service name of Kellogg Company without our prior written permission. In addition, the look and feel of the Site and Products, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Kellogg and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, Product names and company names or logos mentioned on the Site or Products are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any Products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Kellogg Europe Trading Limited.
7. Third Party Content
We do not control, endorse or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness.
8. User Conduct
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Site. You agree that you will abide by these Terms and will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorisation from such user and Kellogg;
- Use the Site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or that could damage, disable, overburden or impair the functioning of the Site in any manner;
- Reverse engineer any aspect of the Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Site;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Site that you are not authorised to access;
- Develop any third-party applications that interact with User Content or the Site without our prior written consent;
- Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Site, extract data or otherwise interfere with or modify the rendering of Site pages or functionality;
- Bypass or ignore instructions contained in the robots.txt file, accessible at https://www.kelloggsvantage.com/robots.txt that controls all automated access to the Site; or
- Use the Site for any illegal or unauthorised purpose, or engage in, encourage or promote any activity that violates these Terms.
9. User Content
The Site includes the Kellogg’s on social section. The section allows customers to view social posts relating to Kellogg’s. In the event you decide to share your User Content with others through the Site or third-party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Site.
By using this feature and area of the Site, you further agree not to create, post, share or store any of the following:
- User Content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- User Content that impersonates, or misrepresents your affiliation with, any person or entity;
- User Content that references or depicts Kellogg Company or our Products but fails to disclose a material connection to us, if you have one (for example, if you are a Kellogg Company employee or paid blogger);
- User Content that contains any unsolicited promotions, political campaigning, advertising or solicitations;
- User Content that contains any private or personal information of a third party without such third party’s consent;
- User Content that references alcohol irresponsibly, such as references to overconsumption or use by minors;
- User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Site or Products, or that may expose Kellogg Europe Trading Limited or others to any harm or liability of any type.
We are not responsible or liable for any User Content. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.
10. Rights in User Content
We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content on third party social media platforms (e.g. Kellogg’s Facebook page, Instagram page or Twitter feed), you hereby grant Kellogg’s a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and non-commercial purposes.
By uploading, posting or submitting User Content to Kellogg Company through third party social media platforms, you represent and warrant that (a) such User Content is nonconfidential, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content, (c) you authorise Kellogg to use such User Content for the purposes described in these Terms, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third party right.
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about Kellogg Company, the Site or the Products (collectively, “Feedback”). Feedback is nonconfidential and shall become the sole property of Kellogg Europe Trading Limited. We shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Kellogg Europe Trading Limited, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Kellogg Parties”), from and against all actual or alleged Kellogg Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Site, Content or Products, and the underlying proprietary rights (b) any User Content you create, post, share or store on or through the Site or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party’s use or misuse of the Site or Products provided to you. You agree to promptly notify Kellogg of any third-party Claims and cooperate with the Kellogg Parties in defending such Claims. You further agree that the Kellogg Parties shall have control of the defence or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Kellogg Europe Trading Limited.
You are solely responsible for the proper and safe handling, preparation and storage-use of the Products you receive from us.
We attempt to display the Products and other materials and information you view on the Site as accurately as possible. However, we do not guarantee the accuracy of such materials and information and are not responsible for any claims arising or resulting from your reliance thereon. In the event of an error on our Site, in an order confirmation, in processing or delivering an order or otherwise, we reserve the right to correct such error and revise your order accordingly or to cancel your order. You further agree that the Products you receive in your order may vary from the Products and materials displayed on the Site due to a number of factors, including, without limitation, system capabilities and constraints of your computer, manufacturing process or supply issues, the availability and variability of Products. The Site may contain information about Products that are not available in every location. A reference to a Product on the Site does not imply or guarantee that it is or will be available in your location or at the time of your order.
All Products and the Site and content are provided on an “as is” basis without warranties of any kind, either express or implied. Kellogg disclaims all other warranties, express or implied, including, without limitation, implied warranties of satisfactory quality, fitness for a particular purpose, title and non-infringement as to the Site, content and Products, any warranties that arise from trade usage or custom, and any warranties that the Site or Products will be free and clear from any adverse lien or security interests.
We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Site (or any features or functionality of the Site) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
14. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall Kellogg or any of the other Kellogg Europe Trading Limited parties be liable for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, loss or diminution in value of assets or securities, or damages for business interruption) arising out of or in any way related to the access or use of the Site or content or the order, receipt or use of any Product or otherwise related to these Terms (including, but not limited to, any damages caused by or resulting from reliance by any user on any information obtained from Kellogg, or from mistakes, omissions, interruptions, deletions of files or emails, errors, defects, bugs, viruses, trojan horses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to Kellogg Europe Trading Limited records, programs or systems), regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), strict product liability or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).
Some jurisdictions limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
15. Modifications to the Site and Products
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site (or any features or parts thereof) or the provision of the Products at any time and without liability therefore.
16. Dispute Resolution; Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Kellogg Europe Trading Limited and limits the manner in which you can seek relief from us.
17.1. Binding Arbitration
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 10 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Kellogg agree (a) to waive your and Kellogg’s respective rights to have any and all Disputes arising from or related to these Terms, or the Site, Content or Products, resolved in a court, and (b) to waive your and Kellogg’s respective rights to a jury trial. Instead, you and Kellogg agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
17.2. No Class Arbitrations, Class Actions or Representative Actions
You and Kellogg Europe Trading Limited agree that any Dispute arising out of or related to these Terms or the Site, Content or Products is personal to you and Kellogg and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Kellogg agree that there will be no class arbitration or arbitration in which an individual attempt to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Kellogg agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
17.3. Notice; Informal Dispute Resolution
You and Kellogg Europe Trading Limited agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Kellogg shall be sent by certified mail or courier to <Kellogg’s to confirm>. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Kellogg’s Vantage account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with Section 3 and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Kellogg cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Kellogg may, as appropriate and in accordance with this Section 17, commence an arbitration proceeding or, to the extent specifically provided for in Section 17.1, file a claim in court.
Except for Disputes arising out of or related to a violation of Section 10 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Kellogg agree that any Dispute must be commenced or filed by you or Kellogg within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and Kellogg will no longer have the right to assert such claim regarding the Dispute). You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
17.5. Opt-Out Right
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 17 by writing to: DataPrivacyOfficer@kellogg.com (Kellogg’s to confirm this is correct). In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 17.
18. Governing Law and Venue
These Terms, your access to and use of the Site and your order, receipt and use of the Products shall be governed by and construed and enforced in accordance with the laws of England & Wales without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved under the laws of England & Wales.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site and to order, receive and use the Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event to the fullest extent permitted by applicable law.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
The following sections will survive the expiration or termination of these Terms and the termination of your Kellogg’s Vantage account: all defined terms and Sections 1, 3, 4, 5 (first paragraph only), 6, 7, 8, and 9 through 23.
These Terms constitute the entire agreement between you and Kellogg Europe Trading Limited relating to your access to and use of the Site and your order, receipt and use of Products. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Kellogg Company. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Kellogg’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
Kellogg Europe Trading Limited
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