Introduction

These Terms of Use set out the terms on which you use the websites of Mr Potato® (the “Site”). Mr Potato® means MR POTATO PTY LTD ATF MR POTATO UNIT TRUST (ACN 629 904 721), Mr Potato Pty Ltd (86 658 212 805) & Mr Potato Hyde Park Pty Ltd (ABN 31 633 599 827). By accessing and using the Site, you accept that all of these Terms of Use apply. If you do not agree and accept that all of these Terms of Use apply to your use of the Site, please exit the Site immediately and refrain from using the Site in the future.

These Terms of Use should be read together with our Privacy Policy which explains how we collect, use, disclose and manage your personal information.

This Site and its contents is owned and operated by Mr Potato®.

Mr Potato® reserves the right to amend these Terms of Use at any time without notice. We therefore encourage you to check this document regularly.

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Disclaimer & liability

This Site is provided on an “as is” basis. While Mr Potato® has used its best endeavours to ensure that the information contained on and accessed through the Site is correct and current at the time of publication, Mr Potato® does not accept responsibility for any error, omission or defect in the information. To the fullest extent permissible by law, Mr Potato®, its affiliated companies and their directors, employees, agents and contractors:

1. Do not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the site, your access to the Site or results of your access, or the information, content, materials or products on the Site; and

2. Do not warrant that the functions on the Site will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits content to you is free of viruses or other harmful components.

Subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of Mr Potato®, its affiliated companies or their directors, employees, agents and contractors) will Mr Potato®, its affiliated companies or their directors, employees, agents or contractors accept liability for any indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access the Site, or arising out of or in connection with any goods or services supplied by Mr Potato®.

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Intellectual Property & Restrictions On Use Of Content

The Site is subject to copyright under Australian and New Zealand law and, under international treaties, and the laws of many other countries. The Site contains trademarks, intellectual property and copyright protected works which is owned by Mr Potato®, and third parties. Except for the direct purpose of viewing, accessing or interacting with the Site for your own personal use or as otherwise indicated on the website or these Terms of Use, you must not copy, communicate to the public, adapt, transfer, distribute or store any of the contents of the Site, or incorporate any part of the Site into another website without Mr Potato®’s express consent.

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Competitions and Promotions

Certain parts of the Site may contain competitions or promotions from Mr Potato® or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the Site from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, Mr Potato® specifically retains the rights, at any time and without notice, to remove, alter or add to competitions or promotions on the Site without any liability to you.

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Comments

Our Websites may allow you to post or send us comments, questions, compliments, and complaints, (“Comment”).  Any Comment you make is voluntary, non-confidential, and gratuitous.

You agree you are, and shall remain, solely responsible for the content of any Comment you make.  Concerning any Comment that you post or send, you will not:

 

1. Transmit any information or written, graphic or photographic material that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, pornographic, libelous, invasive of another's privacy, threatening, menacing, offensive, hateful or racially, ethnically or otherwise objectionable;

2. Harm, or threaten to harm, minors in any way;

3. Impersonate any person or entity or falsely state or otherwise misrepresent your identity or status or misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Websites;

4. Transmit any material that infringes any patent, trademark, trade secret, copyright or other intellectual property, privacy, publicity or other rights of any third party;

5. Intentionally or unintentionally violate any applicable law, regulation or statute and any regulations having the force of law; or

6. “Stalk" or otherwise harass, threaten, or violate the rights of others; or collect, store or process, or attempt to collect, store or process, personal data about third parties without their knowledge or consent.

We reserve the right but we are not obligated to do any or all of the following: (a) investigate an allegation that any Comment posted on the Websites do not conform to the Terms and determine in our sole discretion to remove or request the removal of any Comment; (b) remove any Comment which is abusive, illegal, or disruptive, or that otherwise fails to conform with the Terms; (c) terminate a user's access to the Websites; (d) monitor, edit, or disclose any Comment on the Websites; or (e) edit or delete any content posted on the Websites, regardless of whether such content violates these Terms.

It is the Mr Potato® brand’s policy not to consider unsolicited ideas.  While we appreciate you taking the time to consider us, we’re unable to review any new ideas from outside the Mr Potato® system.

If you send us an idea, you expressly waive any and all claims against us and our affiliates in connection with our consideration, use or development of any product, design, concept or other materials similar or identical to any idea that you send us now or in the future.  You grant to the brand’s intellectual property owner, Mr Potato®, and its designees a perpetual, irrevocable, non-exclusive, fully-paid, royalty-free license to use any idea without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party.  This license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, and/or license the idea, and all rights therein, in the name of Mr Potato® or its designees throughout the world in perpetuity, in all media now or hereafter known or created.  In addition, you warrant and agree that any and all “moral rights” pertaining to any copyrighted materials have been waived.  Mr Potato® will not be required to treat any idea as confidential.

You acknowledge and agree that we, our affiliates, Mr Potato® and its designees may on their own create ideas, products, designs, concepts or other materials or obtain ideas from others that may be similar or identical to your idea.  You hereby waive any and all claims you may have had, may have currently, and/or may have in the future, that any ideas, products, designs, concepts or other materials accepted, reviewed and/or used by us, our affiliates, Mr Potato® or its designees is similar to your idea.

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