Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE IN ANY WAY INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, THEN YOU MAY NOT USE THIS WEBSITE.

Acceptance of these Terms of Use

Your use in any manner of the website located at http://www.chobani.com.au or of any other website, web page or other Internet platform offered by or through Chobani Pty Limited. (“Chobani”), wherever or however offered, including without limitation, any page, application or platform offered through any social media website, (collectively, this “Website”) constitutes your acknowledgment that you have read, agree with and consent to be bound by all the terms and conditions set forth in these Terms of Use, and all other policies, rules, regulations, terms and conditions that otherwise appear on this Website. These Terms of Use are a legally binding contract between you on the one hand and Chobani on the other hand. These Terms of Use govern all use of this Website.

Chobani reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, Chobani recommends that you review these Terms of Use whenever you use this Website. Your use of this Website following any such change constitutes your agreement to follow and be bound by the updated or modified Terms of Use.

Use Restrictions.

The content on this Website, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos and all other material (collectively, the “Materials”) are protected under laws of Australia and other countries. Unauthorized use of the Materials may violate copyright, trademark and other laws. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Chobani and/or its licensors. Subject to your full compliance with these Terms of Use, Chobani authorizes you to view the Materials on this Website and download a single copy of them, but only for your own lawful, personal and non-commercial use. You must retain all copyright and other proprietary notices contained in the original Materials on any copy you make of the Materials, but failing to do so shall not prejudice the intellectual property rights of Chobani or its licensors. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute or otherwise use the Materials in any way for any public or commercial purpose. Your use of the Materials on any other website or on a file-sharing or similar service for any purpose is prohibited.

You may not “mirror” any Materials contained on this Website or accessible through this Website without Chobani’s written permission.

Any rights not expressly granted herein to use the Materials are reserved by Chobani in full.

You may not use this Website (i) for any purpose that violates applicable Australian or overseas federal, state or local laws, regulations or rules (collectively, “Applicable Law”) (ii) is prohibited by these Terms of Use, (iii) in any manner that could damage, disable, overburden or impair this Website, (iv) in any manner that may interfere with any other party’s use and enjoyment of this Website or (v) if you are under 13 years of age. You may not attempt to gain unauthorized access to this Website through hacking, password mining or any other means.

Chobani reserves the right, in its sole and absolute discretion, to terminate your access to this Website, or any portion thereof, at any time, for any reason or for no reason at all, without any notice, prior or otherwise.

Submitted Content.

When you upload or otherwise submit any content whatsoever to or through the Website (“Submitted Content”), you represent and warrant that such Submitted Content (i) does not contain any material that is pornographic, lewd, obscene, defamatory, profane, offensive or misleading, (ii) does not violate any intellectual property rights of any third party, including, without limitation, third party copyrights, trademark rights or rights of publicity, (iii) does not otherwise violate Applicable Law and (iv) does not otherwise contain any inaccurate or untruthful information.
Intellectual Property Rights of Submitted Content.

By uploading or otherwise submitting Submitted Content to or through the Website, you, personally, and on behalf of any subjects therein, including, without limitation, your child, if applicable, grant to Chobani and each member of the Agro-Farma Global Holdings, Inc. group of companies (collectively, the “AgroFarma Group”) a non-exclusive, fully paid-up, perpetual, worldwide license (the “License”) to use all of the content of Submitted Content, including likenesses, whether in whole or in part, whether composite or distorted, for purposes of illustration, art, promotion, advertising, trade, sale or any other purpose whatsoever. The License also includes, without limitation, the right to post Submitted Content, or excerpts thereof, on the Website and websites other than the Website, including, without limitation on any social media, blog or similar website.

If Submitted Content includes any video and/or photographic images or pictures of your child, you further agree that, without limitation, the License includes a grant of an unrestricted right and permission to use, re-use and publish the video and/or photographic images or pictures of your child, in which your child may be included intact or in part, composite or distorted in character or form (the “Images”), without restriction as to changes or transformations in conjunction with your child’s own or a fictitious name, or reproduction thereof in color or otherwise, made through any and all media now or hereafter known for purposes of illustration, art, promotion, advertising, trade, sale or any other purpose whatsoever. Your permission given herein is hereby acknowledged to constitute written consent under Applicable Law. You also permit the use of any printed material in connection therewith. You hereby relinquish any right that you, and/or your child, may have to examine or approve the use of the Images regardless of the form and type, the material that may be used in conjunction therewith or the use to which they may be applied.

The grant of the License and all rights and permissions associated thereto is binding on you, and your child (if applicable), and your, and your child’s (if applicable), heirs, legal representatives and assigns.

The grant of the License and all rights and permissions associated thereto is binding on you, and your child (if applicable), and your, and your child’s (if applicable), heirs, legal representatives and assigns.

You hereby represent and warrant that you have all rights necessary to grant the License and all rights and permissions associated thereto to Chobani and the AgroFarma Group.IF YOU DO NOT WISH TO OR CANNOT LEGALLY GRANT SUCH RIGHTS AND PERMISSIONS TO CHOBANI AND THE AGROFARMA GROUP YOU MAY NOT SUBMIT ANY MATERIALS TO CHOBANI

Disclaimer of Warranties.

THIS WEBSITE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE, IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CHOBANI AND THE AGROFARMA GROUP MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER REGARDING THE CONTENT ON THIS WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE THROUGH THIS WEBSITE, FOR ANY HYPERTEXT LINKS TO THIRD PARTY SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THIS WEBSITE OR ANY LINKED SITE. CHOABNI AND THE AGROFARMA GROUP FURTHER DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE INFORMATION CONTAINED ON THIS WEBSITE IS COMPLETE, ACCURATE OR UP TO DATE. CHOBANI AND THE AGROFARMA GROUP DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED HEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability.

IN NO EVENT SHALL CHOBANI, OR ANY OF ITS SUBSIDIARIES, PARENTS AND AFFILIATED COMPANIES, INCLUDING THE AGROFARMA GROUP OR ANY OF THEIR OFFICERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, EMPLOYEES AND AGENTS, OR ANY OF THEIR HEIRS, SUCCESSORS, REPRESENTATIVES AND ASSIGNS (EACH A “CHOBANI PARTY” AND COLLECTIVELY, THE “CHOBANI PARTIES”) BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE – WHETHER ACTIVE, PASSIVE OR IMPUTED – LIBEL, DEFAMATION, INVASION OF PRIVACY, VIOLATION OF APPLICABLE LAW, OR BREACH OF PUBLICITY OR OTHER RIGHTS), STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, EVEN IF A CHOBANI PARTY OR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE, THE CONTENT HEREON OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE.

IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN TO THE EXTENT PERMITTED BY LAW THE TOTAL COLLECTIVE LIABILITY OF THE CHOBANI PARTIES WILL BE THE LESSER OF (I) THE COSTS ASSOCIATED WITH ENTERING A CONTEST ASSOCIATED WITH THE WEBSITE IF RELATED THERETO OR (II) ONE HUNDRED DOLLARS (US$100).

THIS LIMITATION OF LIABILITY SHALL BE BINDING UPON YOU AND YOUR CHILD (IF APPLICABLE), AND YOUR AND YOUR CHILD’S (IF APPLICABLE) HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS.

Indemnification.

TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE CHOBANI PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, THREATS, SUITS OR PROCEEDINGS AND PAY ALL RESULTING LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF, RESULTING FROM, OR RELATED TO YOUR BREACH OF THESE TERMS OF USE.

Governing Law; Legal Jurisdiction.

If you make any claim against Chobani or any other Chobani Party, you agree in advance that in the event you assert any such claim, it will be governed by the following rules:

  • All aspects of the claim, whether procedural or substantive, shall be governed by the laws in force in Victoria, Australia, except conflicts of laws that would cause another jurisdiction’s laws to apply.
  • Prior to commencing any legal action against any Chobani Party, You must provide each such Chobani Party with at least thirty (30) days prior written notice of any claim, including a reasonably detailed description of your claim and such Chobani Party’s responsibility, together with your request for what you would like such Chobani Party to do about your claim.
  • You irrevocably and unconditionally submit to the non exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts
  • You agree to bring any claim individually and not through any class action.
  • To the extent that it may be relevant, you agree that your use of this Website and any transaction arising in connection with such use shall be deemed to have occurred in the State of Victoria .

f any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use shall remain in full force and effect. You cannot transfer your rights or obligations under these Terms of Use to anyone without Chobani’s written permission and any attempted assignment without Chobani’s written permission shall be null and void and of no effect whatsoever. Chobani’s failure to enforce any provision of these Terms of Use does not waive Chobani’s right to enforce the same provision in the future. Any headings contained in these Terms of Use are for informational purposes only, but are not themselves enforceable provisions of this Agreement.