Terms & Conditions

Terms of Use for Websites Operated by The Mars, Incorporated Family of Companies

Effective Date: December, 2013

Welcome! Mars, Incorporated and its affiliated companies (together, “Mars” or ”we” or “us”) offers this and other websites, webpages, applications, games, widgets and online and mobile services (collectively, the “Mars Sites”). We hope that you will find the Mars Sites informative and entertaining.

The following Terms of Use and our Privacy Policy located at http://www.mars.com/privacy (together, these "Terms") describe the terms and conditions on which Mars offers you access to the Mars Sites. Before accessing and using the Mars Sites, please read these Terms carefully because they constitute a legal agreement between Mars and you. BY USING THE MARS SITES, YOU AGREE TO THESE TERMS AND AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO DO SO.

IMPORTANT NOTE: These Terms contain provisions that limit our liability to you and require you to resolve any dispute with us through final and binding arbitration on an individual basis and not as part of any class or representative action. Please see “DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY” (Section [8]) and “DISPUTE RESOLUTION” (Section [10]) below for more information.

IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS, THEN PLEASE DO NOT USE THE MARS SITES.

  1. CHANGES TO TERMS

    The Effective Date of these Terms is set forth at the top of this webpage. We do not intend to change these Terms very often but reserve the right to do so. We will notify you of any material change by posting notice on this webpage. Whenever possible, we will notify you in advance of our changes. We do not make changes that have retroactive effect unless we are legally required to do so. Your continued use of the Mars Sites after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions of the Terms. For this reason, we encourage you to review these Terms any time you access or use the Mars Sites and to print out a copy of these Terms for your records.
  2. ADDITIONAL TERMS

    Certain services offered by or through the Mars Sites, such as mobile applications, sweepstakes, offers contests and other services, may be governed by additional terms and conditions presented in conjunction with them. You must agree to the additional terms before using such services. These Terms and any additional terms will apply equally. If any additional term is irrevocably inconsistent with any provision of these Terms, the additional term will prevail.
  3. MARS CONTENT

    Mars retains full and complete title to all information and materials provided on or through or submitted to the Mars Sites, including any artwork, graphics, text, video and audio clips, trademarks, logos and other content (collectively, "Mars Content"). If you agree to these Terms (as well as any additional terms and conditions related to specific Mars Content), then you may download, print and/or copy Mars Content solely for your own personal use. Unless Mars provides you with written authorization to do so, you may not:
    • Incorporate any Mars Content into any other work (such as your own website) or use Mars Content in any public or commercial manner;
    • Copy, modify, reproduce, adapt, reverse engineer, distribute, frame, republish, upload, display, post, transmit, transfer, license or sell Mars Content in any form or by any means;
    • Change any of the notices about copyright, trademarks or other intellectual property rights that may be part of the Mars Content; or
    • ‘Deep link’ to any of the Mars Sites (i.e., link to any page other than the home page of one of the Mars Sites).
  4. YOUR SUBMISSIONS

    In addition to job applications, Mars may from time to time offer areas where you and other users can post or otherwise submit information, photos, graphics, creative suggestions, ideas, notes, concepts, information, ratings or other materials on or to the Mars Sites (collectively, "Submissions"). By sending, posting or transmitting Submissions to Mars (and/or our designees) or any area of the Mars Sites, you grant Mars and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), transferable, royalty-free, perpetual, irrevocable right to use, reproduce, sublicense (through multiple tiers), distribute, create derivative works of, perform and import your Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you. In other words, Mars has the automatic right to use your Submissions -- including reproducing, disclosing, publishing or broadcasting your Submission -- anywhere, anytime, in any medium and for any purpose. Under no circumstances are you entitled to payment if Mars uses one for your Submissions. All Submissions are deemed non-confidential and non-proprietary.

    You are responsible for your Submissions. By posting a Submission, you represent and warrant that:

    • You own or otherwise control all of the rights to your Submission, including without limitation all copyrights and trademarks;
    • Your Submission is true and accurate;
    • Your Submission does not violate the rights of any other person or entity, such as rights of privacy and publicity; and
    • Your Submission complies with applicable laws, rules and regulations.
    You acknowledge and agree that Mars has the right (but not the obligation) to alter, remove or refuse to post or allow to be posted any Submission. Mars takes no responsibility and assumes no liability for any Submission posted by you or any third party.

    Mars strongly encourages you not to disclose any personal information in your Submissions because other people can see and use the personal information in your Submissions. Mars is not responsible for information that you choose to communicate via Submissions.
  5. USING THE MARS SITES
    YOU MUST BE AT LEAST AGE THIRTEEN (13) TO USE THE MARS SITES. By accessing, using and/or submitting information to or through any of the Mars Sites, you represent that you are not younger than age 13.

    IF YOU ARE BETWEEN AGE THIRTEEN (13) AND THE AGE OF MAJORITY IN YOUR PLACE OF RESIDENCE, YOU MAY USE THE MARS SITES ONLY UNDER THE SUPERVISION OF YOUR PARENT OR LEGAL GUARDIAN.

    IF YOU ARE THE PARENT OR LEGAL GUARDIAN AND CONSENT TO YOUR MINOR CHILD’S ACCESS TO AND USE OF THE MARS SITES, YOU AGREE TO BE BOUND BY THESE TERMS ON BEHALF OF YOURSELF AND YOUR MINOR CHILD. We encourage you to investigate commercially-available parental control protections (such as computer hardware, software or filtering services) that may assist you in limiting access to material considered harmful to minors. While using the Mars Sites, you will not:
    • Create a false identity or impersonate any person, including falsely indicating that you are a Mars official or representative, celebrity or public figure;
    • Transmit to or though the Mars Sites any advertisement, solicitation, junk mail or other unsolicited or unauthorized commercial or promotional content (unless expressly permitted in writing by Mars);
    • Disrupt or attempt to disrupt the proper working of the Mars Sites (e.g., by hacking into Mars’ servers or Mars’ social media accounts);
    • Restrict or inhibit any other person from using and enjoying the Mars Sites;
    • Use any spambot, bot net or other bot, scraper or other automated means to access the Mars Sites or transmit any virus, worm, Trojan or other malware to or though the Mars Sites;
    • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any of the Mars Sites;
    • "Frame" or "mirror" any part of any of the Mars Sites unless you have Mars’ prior written authorization;
    • Post or transmit any material or engage in any other behavior or activity that is false, misleading, unlawful, offensive, disruptive, harmful or otherwise objectionable (as determined by Mars); or
    • Assist any person in engaging in any of the activities described above.
    Mars has the discretion to terminate your access to the Mars Sites without notice for any violation of the above rules. If you access and use the Mars Sites on your smartphone, tablet or other mobile device, you must have wireless service through Wi-Fi or a participating mobile service provider. Certain services may require text messaging (SMS or MMS) capability. You agree that you are solely responsible for all message and data charges that you incur from your mobile service provider. These charges may include standard and premium SMS charges and may be one-time or reoccurring charges. All charges are billed by and payable to your mobile service provider. Please contact your mobile service provider for pricing plans and details. Mars is not liable for any delays in the receipt of any text messages as delivery is subject to effective transmission from your mobile service provider.
  6. THIRD-PARTY WEBSITES

    The Site may contain links to third-party websites and services, including social media (collectively, “Linked Sites”). Linked Sites are not under the control of Mars and Mars is not responsible for Linked Sites or for any information or materials on, or any form of transmission received from, any Linked Site. The inclusion of a link does not imply endorsement by Mars of the Linked Site or any association with the operators of the Linked Site. Mars does not investigate, verify or monitor the Linked Sites. Mars provides links to Linked Sites for your convenience only. You access Linked Sites at your own risk.
  7. PRIVACY/SECURITY

    Please make sure that you carefully read our Privacy Policy to learn about the information that Mars collects on the Mars Sites and how we process it. Without limiting the terms of our Privacy Policy, you understand that Mars does not and cannot guarantee that your use of the Mars Sites and/or the information provided by you through the Mars Sites will be private or secure. Mars is not responsible or liable to you for any lack of privacy or security you may experience. You are responsible for using the precautions and security measures best suited for your situation and intended use of the Mars Sites. Mars reserves the right at all times to disclose any information as Mars deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
  8. DISCLAIMERS OF WARRANTIES & LIMITATIONS OF LIABILITY

    Mars warrants that Mars has validly entered into these Terms and has the legal power to do so. You warrant that you have validly entered into these Terms and have the legal power to do so. EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE MARS SITES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Mars specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. Mars does not warrant that (a) the Mars Sites will meet your requirements, (b) operation of the Mars Sites will be uninterrupted or virus- or error-free or (c) errors will be corrected. Any oral or written advice provided by Mars or its authorized agents does not and will not create any warranty. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

    YOUR USE OF THE MARS SITES IS AT YOUR OWN RISK.

    YOU AGREE THAT IN NO EVENT WILL MARS BE LIABLE (Y) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF MARS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR (Z) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE MARS SITES. The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law. You acknowledge and agree that the above limitations of liability together with the other provisions in these Terms that limit liability are essential terms and that Mars would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
  9. INDEMNIFICATION

    You agree to indemnify and defend Mars and its directors, officers, employees and agents from and against all losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys’ fees brought against Mars by any third-party arising from your use of the Mars Sites or any violation of these Terms, the rights of a third-party or applicable law. Mars reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. In any event, no settlement that affects the rights or obligations of Mars may be made without Mars’ prior written approval.
  10. 10. DISPUTE RESOLUTION

    These Terms are governed by and construed and enforced in accordance with the internal laws of the State of Delaware, without giving effect to the principles of conflicts of laws of such state, and are binding upon the parties hereto in the United States and worldwide. You and Mars agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms.

    YOU AND MARS AGREE THAT ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION IN THE MANNER SPECIFIED IN THIS SECTION [10] AND THAT YOU AND MARS WAIVE ANY RIGHT TO BRING SUCH CLAIMS BEFORE ANY COURT OF LAW.

    YOU AND MARS FURTHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

    Any dispute between you and Mars and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this Section [11], “Mars Parties”) arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this agreement to arbitration (collectively, "Covered Disputes") will be settled by binding arbitration in the U.S. State of New York administered by the American Arbitration Association (AAA) in accordance with its International Arbitration Rules in effect on the date thereof. Prior to initiating any arbitration, the initiating party will give the other party at least 60 days' advanced written notice of its intent to file for arbitration. Mars will provide such notice by mail or e-mail using the contact information on file with Mars and you must provide such notice by mail to Mars, Incorporated, Attn: Legal Department, 800 High Street, Hackettstown, NJ 07840. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Mars will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Mars for all fees associated with the arbitration that Mars paid on your behalf, which you otherwise would be obligated to pay under the AAA's rules. A single arbitrator will be selected in accordance with the AAA Commercial Arbitration Rules. The arbitration shall be conducted in the English language. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The arbitrator’s decision must be with written explanation and remain confidential.

    Mars and you agree that any Covered Dispute will be submitted to arbitration on an individual basis only. Neither Mars nor you are entitled to arbitrate any Covered Dispute as a class, representative or private-attorney action and the arbitrator will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this Section [10] is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this Section [10], these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). Please Note: By agreeing to these Terms, you explicitly agree that any claims or actions that you may otherwise have against Mars under the laws of any jurisdiction outside the United States are hereby waived, including without limitation, any claims or actions under the laws of your own country, and that your sole location and applicable law for any disputes is in the United States according to the terms of this [Section 10].
  11. TERMINATION

    These Terms automatically terminate when you fail to comply with any term or condition of them. Mars may terminate or modify your access to the Mars Sites, with or without notice to you, at any time for any reason. For example, access to the Mars Sites may be denied without notice if Mars believes that you are not at least age 13.

    Termination will not limit any of Mars’ other rights or remedies. This Section [11], along with Sections [3, 8, 9, 10 and 15], survive termination of these Terms.
  12. JURISDICTIONAL ISSUES; TAXES

    You are responsible for compliance with all applicable laws. Mars reserves the right to limit the availability of the Mars Sites and/or Mars Content to any person or geographic area at any time. Any software on the Mars Sites is further subject to United States export controls. No software may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country designated by Sponsor and/or the United States Treasury's Office of Foreign Assets Control; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

    You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with use of the Mars Site by any taxing authority.
  13. NOTICE TO CALIFORNIA RESIDENTS

    Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:

    The provider of the website is:
    Mars, Incorporated
    800 High Street
    Hackettstown, NJ 07840
    To file a complaint regarding the website or to receive further information regarding use of the website, send a letter to the attention of “Legal Department” at the above address or contact Mars via e-mail at privacy@effem.com (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.
  14. CLAIMS OF COPYRIGHT INFRINGEMENT

    We respond to notices of alleged infringement as required by the U.S. Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity.

    If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights otherwise have been violated on or through the Mars Sites, please send your claim or notice of infringement to Mars’ designated DMCA agent at:
    DMCA Agent
    c/o Consumer Care Department
    Mars, Incorporated
    800 High Street
    Hackettstown, NJ 07840
    dmca.agent@Mars.com

    Please do not send any other correspondence or inquiries to our DMCA agent. Our DMCA Agent will only respond to notices and inquiries that comply with the requirements of the DMCA. Please see www.copyright.gov for more information.
  15. MISCELLANEOUS
    1. These Terms, together with our Privacy Policy, contain the entire understanding by and among Mars and you with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein.
    2. These Terms (i) inure to the benefit of and will be binding upon Mars’ and you and your successors and assigns, respectively; and (ii) may be assigned by Mars but you may not assign them without the prior express written consent of Mars.
    3. If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been inserted herein.
    4. If Mars fails or you fail to perform any term hereof and the other party does not enforce such term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.
    5. Nothing contained in these Terms will be deemed to constitute Mars or you as the agent or representative of the other or as joint venturers or partners.
    6. If Mars is or you are prevented from performing or unable to perform any obligation under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such occurrence.
    7. The headings and captions contained herein are for convenience only.
    8. These Terms and all related documentation will be drafted in English. While certain text in these Terms may be made available in languages other than English (whether translated by a person or solely by computer software), the English language version controls.

PEDIGREE Advisor App End User Licence Agreement

  1. Your acceptance

    Your download and use of the PEDIGREE FOUND App software (App) offered by Mars NZ Ltd. (NZBN: 9429032032789) (Mars) is governed by the terms of this End-User Licence Agreement (Agreement). Use of the App is also governed by Mars' privacy policy privacy policy, which is incorporated into this Agreement by reference. Please download and use the App only if you have read, understand and agree to the terms of this Agreement.

    You acknowledge and agree that this Agreement constitutes a binding agreement between you and Mars. Please read the terms of the Agreement carefully before proceeding to download the App. If you do not agree these terms, please do not download and use the App.

    Mars reserves the right to change the terms of this Agreement at any time and without liability. The most recent version of the Agreement will be available at all times on the App Store / iTunes Store page where this App is available for download. Please check this page regularly for changes, as your continued use of the App following the posting of such changes signifies your acceptance of the modified Agreement terms.

    You and Mars both acknowledge that Apple, Inc. and its subsidiaries (Apple) are not parties to this Agreement, are not responsible for the App or its content, and have no obligation whatsoever to furnish any maintenance and support services with respect to the App. However, please be aware that Apple and its subsidiaries are third-party beneficiaries of this Agreement.

    Upon your acceptance of the terms of this Agreement, Apple will have the right (and will be deemed to have accepted that right) to enforce this Agreement against you as a third party beneficiary of the Agreement.

    This Agreement, as amended, will remain in full force and effect while you use the App. Mars reserves the right to withdraw the App or change the content of the App in any way and at any time, with or without notice to you, without liability.
  2. Eligibility

    If you are under 18 years of age, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it and agree to its terms. By downloading the App, you confirm that you have obtained parental consent to download and use this App in accordance with the terms of this Agreement.
  3. Licence

    The rights in the App are licensed to you, not sold to you. Subject to the terms of this Agreement, Mars grants you a non-transferable, non-exclusive, fully paid and royalty-free, worldwide licence (without the right to sub-licence) to install and use one copy of the App on an Apple device including an iPod, iPhone or iPad (which runs the Apple operating system) that you own or control (Your Device).

    You agree to the following licence restrictions:
    1. To use the App solely for your personal, non-commercial use;
    2. Not to duplicate, copy or distribute the App except as necessary to use it on Your Device;
    3. Not to modify, translate, make derivative works from, disassemble, reverse compile or reverse engineer any part of the App in order to build a similar or competitive product; and
    4. Not to remove, deface or destroy any copyright or other proprietary rights notice used on, in or in connection with the App.
    Without prejudice to any accrued rights or obligations that the parties might have, Mars reserves the right, in its sole discretion, to suspend or terminate this Agreement including the licence granted to you in this clause to use the App. Mars also reserves the right to otherwise restrict, suspend or terminate your ability to access or use the App if it determines, in its sole discretion, that your use of the App may breach this Agreement or infringe the rights of other users or third parties. Mars reserves the right to take any of the above actions for any reason without prior notice.
  4. App intellectual property

    The App is protected by copyright, trade mark and other intellectual property laws. You acknowledge that:
    1. all intellectual property rights in the App throughout the world belong to Mars or its suppliers or affiliates;
    2. this Agreement does not transfer any title to intellectual property in the App to you; and
    3. your only rights to in respect of the App are as set out in this Agreement.
  5. Using the App

    The purpose of this App is to provide you with a way to register your lost dog. Approved lost dog listings will be published via the Google display network in a localised area around the lost dog’s location. If a member of the public reports having seen or found the lost dog via the website the user will be sent a push notification.

    This App does not guarantee a specific amount of advertising. This App should not replace any other activities to be carried out in the search for an owners lost dog.

    Mars is not responsible for any standard data charges incurred through the use of this App.
  6. User Images

    You represent that any pictures or photographs you upload to the App and use on the App (User Images) were either taken or created by you, or that you have permission from the person who took or created them or who otherwise owns copyright in them, to use them in the App.

    In addition, you must ensure that:
    1. your User Images do not contain inappropriate content, including any content that is illegal, abusive, harassing, obscene, defamatory, humiliating, offensive, pornographic, vulgar or invasive of another's privacy;
    2. your use of the App and your User Images do not infringe the intellectual property rights, privacy rights or any other rights of any person, and do not breach any obligations of confidentiality to such persons;
    3. your use of the App and your User Images do not result in a breach of any contract between you and a third party; and
    4. you comply with all relevant laws in using the App.
    Mars assumes no responsibility for identifying, editing, removing or requiring the removal of unauthorised, infringing, or otherwise inappropriate User Images, but may choose to monitor such content or other offensive behaviour at any time, in its sole discretion. You agree to remove any of your User Images should Mars make such a request.
  7. Mars' rights to User Images

    Mars does not claim ownership of User Images. However, by entering into this Agreement, you do grant Mars an exclusive, irrevocable, fully paid and royalty-free, worldwide, sub-licensable licence to use, host, distribute, reproduce, modify, adapt, publish, communicate to the public and otherwise exploit your User Images (in whole or in part) for all commercial purposes, including for the purposes of operating and enabling your use of the App and maintaining the App's image gallery. You should be aware that this means that, in the future, Mars will be the only person entitled to use your User Images for any marketing, promotional or other commercial purpose, and that it will not need to pay you for any such use. You also agree that Mars may use your User Images in all the ways outlined above without attributing you as the creator of those Images.

    If requested by Mars, you agree to sign any further document in reasonable terms to confirm your grant of the above licence to Mars.
  8. Mars' responsibility to you

    As a consumer, you have certain rights under consumer protection legislation, including the Australian Consumer Law (referred to below as "Consumer Rights"), which cannot be excluded or limited by Mars. Your Consumer Rights include statutory guarantees that any services supplied to you will be provided in a timely manner and with reasonable care and skill, and will be fit for any notified purpose. Nothing in this Agreement is intended to exclude restrict or modify your Consumer Rights.

    However, to the extent that it is permitted by law to do so, Mars makes no representations or warranties, express or implied, under laws other than the Australian Consumer Law with respect to the availability, performance, security, characteristics or operation of the App, and to the full extent permitted by law Mars will not be responsible for breach of any such implied warranty or term that is not excluded by this paragraph.

    You agree that Mars will not be responsible for any modification, interruption, suspension or discontinuation of the App, any technical faults which impact on the availability or use of the App, or the loss of any User Images (which you are responsible for backing up yourself), except to the extent that these occur as a result of Mars' negligence or wilful misconduct.
  9. Your responsibility to Mars

    You agree to reimburse Mars for any and all expenses, loss or damage (including legal fees) it may suffer or incur arising from your breach of this Agreement and any third party claim brought against Mars in respect of your use of the App or your User Images.

    You acknowledge that if you infringe Mars' intellectual property rights in the App or associated documentation, or share inappropriate User Images, this could cause irreparable harm to Mars. You agree that, in such event, Mars shall be entitled to an injunction in addition to any other remedies available to it.

    You agree that you will not bring any claim against Mars in relation to any loss, damage or personal injury that you may suffer, or expense that you may incur, as a result of your download or use of the App, except:
    1. to the extent that Mars has breached your Consumer Rights; or
    2. to the extent that the loss, damage, personal injury or expense is due to Mars' negligence or wilful misconduct; or
    3. where the law would otherwise prohibit Mars from excluding its responsibility for such loss, damage, injury or expense.
    You agree to reimburse Mars for all expenses (including legal costs and expenses), losses and liabilities of any nature or description it may incur either directly or indirectly as a result of:
    1. your download or use of the App;
    2. your breach of any term of this Agreement;
    3. any third party claim arising out of your download or use of the App; and
    4. you bringing a claim against Mars when you have agreed not to do so,
    except to the extent that such expense, loss or liability is due to Mars' negligence or wilful misconduct.
  10. Apple's responsibility and rights

    To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App, or any responsibility for any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such warranty.

    You and Mars acknowledge and agree that Apple is not responsible for:
    1. addressing any claims made by you or a third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and
    2. the investigation, defence, settlement and discharge of any intellectual property infringement claim made by a third party arising from your possession and use of the App, and that, except as set out in this Agreement, Mars will be responsible for dealing with such claims.
  11. Questions, complaints and claims

    Mars, not Apple, is responsible for addressing any questions, comments or claims relating to the App and your use of the App. If you have any comments, questions or complaints about another user's Images or conduct, please phone Mars on our customer enquires line: (freecall) 0800610906, or email us at support@marsapps.com.au, or write to us at Mars NZ, P.O Box 11534 Ellerslie Central, Auckland 1542support@marsapps.com.au or write to us at Mars NZ, P.O Box 11534 Ellerslie Central, Auckland 1542
  12. Legal compliance

    You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  13. General

    This Agreement is governed by and will be construed in accordance with the laws of New Zealand

    You must comply with any applicable third party terms of agreement when using the App.

    Mars' failure to enforce any term of this Agreement will not restrict it from enforcing that or any other term at a later time. If part or all of this Agreement is unenforceable, it will be severed and the balance of the Agreement will remain in full force and effect.

Privacy Collection Statement

Mars NZ Ltd. (NZBN: 9429032032789) (Mars, we, us or our) collects your personal information, including device-related information, via this app.

We collect this personal information to enable you to use the app, and so that we can keep you updated with all the latest information on our brands, products, services and promotions. We may also use the personal information you give us for consumer care and research purposes, and for other purposes, as described in our privacy policy.

If we do not collect your personal information, you may not be able to use the app, or to receive communications about our brands, products and services which may be of interest to you.

We may disclose your personal information to our family of companies and to our vendors or service providers. These companies may be based overseas, including in Hong Kong, Singapore and the United States. We require these companies to comply with the Australian privacy laws that apply to your personal information.

Our privacy policy contains information about:

  • how you may access the personal information that is held by us and seek correction of such information; and
  • how you may complain about a breach of the Privacy Principles, or a registered privacy code that binds us, and how we will deal with such a complaint.

If you need to contact us, or have any questions, please email us at support@marsapps.com.au.