MCPHERSON'S PRODUCT TRIAL PROGRAM TERMS AND CONDITIONS
McPherson's Consumer Products Pty Ltd ACN 000 020 492 (McPherson's, we, our or us) is running a product trial of products supplied by McPherson's (Product Trial). The Product Trial is subject to and governed by the terms and conditions as stated below (Terms).
1. Entering the Product Trial
(a) By registering to participate in the Product Trial you are agreeing to receive free sample product(s) from McPherson's for the purpose of participating in the Product Trial. The sample product(s) are not for resale, are for product trial purposes only and cannot be redeemed for cash.
(b) McPherson’s will send the sample product(s) to the mailing address you have provided when signing up. Please ensure your postal address is correct and complete.
(c) You agree to receive email communications from McPherson's relating to the Product Trial and similar programs offered by McPherson's, other brand updates including but not limited to new product announcements, exclusive online offers and news from McPherson's and its associated brands.
(d) Participation in the Product Trial is only open to Australian residents aged 18 years and over. Only one (1) application to participate in the Product Trial is permitted per person.
(e) You agree to participate in the Product Trial in consideration of receipt of the specified product(s) from McPherson's.
(f) By entering the Product Trial, you agree and acknowledge that:
(i) you must use the product(s) in accordance with its directions and will take product warnings into account; and
(ii) you have read and understood the ingredients contained in the product(s).
(g) At the conclusion of the Product Trial, you are required to submit a written review of the product(s) and upload before and after images about your use of the product(s) to McPherson's. You warrant that:
(i) you will respond honestly in relation to the products you test in connection with the Product Trial;
(ii) any review provided will be a true reflection of your opinion and not influenced by McPherson’s; and
(iii) the review will be your own work, and will not infringe any rights (including any intellectual property rights) of any person.
(h) For the avoidance of doubt, your review of the product(s) can be positive or negative, and this will not impact your ability to remain part of the Product Trial or keep the product(s).
2. Intellectual Property
(a) McPherson's owns or is licensed to use all intellectual property rights in all products and materials (including all text, trade marks, logos, images and graphics) provided in connection with the Product Trial and any updates to them.
(b) No licence, right, title or other interest in any such intellectual property is granted to you under these Terms. Nothing should be construed as providing you with such rights.
(c) Except as otherwise expressly provided in these Terms, you must not copy, adapt, reproduce, publish, distribute or otherwise deal with any of the content provided in connection with the Product Trial in any form without the express prior written permission of McPherson's (except as permitted under the Copyright Act 1968 (Cth) or any other applicable law in your location).
(d) You may view content or print a copy of material provided in connection with the Product Trial for your personal, non-commercial use, provided that you do not modify the content in any way and keep the material confidential.
(e) You agree and acknowledge that any reviews, comments, feedback, content, images or testimonials you provide to us in connection with the Product Trial may be used and published by us as we see fit, including for promotional purposes.
You agree and acknowledge that all information, materials, documents, content and data provided to you, or which you become aware of, in connection with the Product Trial:
(a) will be kept strictly confidential;
(b) will not without McPherson's consent be disclosed or divulged to any third party, reproduced or used for any purpose or enterprise other than to enable your participation in the Product Trial or as required by law; and
(c) will remain the absolute and exclusive property of McPherson's.
4. No warranties
The Product Trial and the products are provided on an 'as is' basis and to the fullest extent possible and subject to any liabilities and obligations which cannot be excluded by law, we do not warrant:
(a) that the products provided in connection with the Product Trial will meet your requirements; or
(b) the accuracy or effectiveness of the functions of the products provided in connection with the Product Trial.
(a) We will have no liability in respect of any loss or damage that you incur arising from your use of the products or participation in the Product Trial.
(b) To the extent permitted by law:
(i) all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law including but not limited to warranties of accuracy, completeness, non-infringement, or usefulness of the products in connection with the Product Trial, are excluded from these Terms; and
(ii) in no event will we be liable in contract, tort (including negligence), under statute or otherwise for any incidental, consequential or indirect damages, including loss or corruption of data or information, arising out of or related to your use of, or inability to use, the products in connection with the Product Trial.
(c) If a supply under these Terms is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law as set out in the Competition and Consumer Act 2010 (Cth) (ACL) nothing contained in these Terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the ACL, provided that, to the extent that the ACL permits us to limit our liability, then our liability will be limited to the:
(i) resupply of the goods or services; or
(ii) payment of the cost of resupplying the goods or services.
6. Your indemnity
You indemnify McPherson's and its related entities and each of their directors, officers, employees and agents against any actions, claims, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and disbursements and costs in investigation, litigation, settlement, judgment, interest, fines and penalties) which any of them incur directly or indirectly arising from your use of the products or participation the Product Trial or any breach of these Terms by you.
7. Termination of your participation in the Product Trial
(a) If you breach, or we suspect that you have breached, any of these Terms, we may, in addition to any other rights we have at law or otherwise, suspend (in whole or part) or terminate your participation in the Product Trial without further notice.
(b) If your participation in the Product Trial is terminated, you must (at our option, and as directed by us) immediately return to us or dispose of any unused portion of products the subject of the Product Trial, including any associated packaging and materials.
(a) You may not assign or transfer any rights or obligations under these Terms to any third party. We may assign or transfer any rights or obligations under these Terms to any third party in our absolute discretion.
(b) If any part of these Terms is held to be unenforceable, void or illegal, that part may be severed and the remainder of these Terms will continue in full force.
(c) Any waiver of our rights under these Terms is not effective unless in writing signed by us. Any failure or delay by us in exercising a right under these Terms does not constitute a waiver of our rights. Any waiver by us will only waive our specified rights in those specified circumstances and will not waive any of our other rights, or the same rights in other circumstances.
(e) These Terms constitute the entire agreement between us in relation to the Product Trial, and replace all earlier representations, statements, agreements and understandings.
(f) These Terms are governed by the laws in force in New South Wales, Australia. You agree to the jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
If you have any questions or comments regarding the Product Trial, please contact us at email@example.com.