Cinnabon Terms and Conditions

WELCOME TO CINNABON. THE CINNABON TERMS AND CONDITIONS AND POLICIES IDENTIFIED BELOW, AS UPDATED FROM TIME TO TIME, (COLLECTIVELY THE “TERMS”) GOVERN YOUR ACCESS AND USE OF ALL OR PART OF THE CINNABON ONLINE SERVICES (AS DEFINED IN THE CINNABON TERMS AND CONDITIONS OF USE. BY DOWNLOADING, USING, OR VISITING ANY OF THE CINNABON ONLINE SERVICES, YOU AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO ACCEPT AND AGREE TO THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO ANY OF THESE TERMS OR OUR PRIVACY POLICY, THEN YOU ARE NOT AUTHORISED TO ACCESS OR USE ANY OF THE CINNABON ONLINE SERVICES. “Cinnabon” includes Cinnabon Franchisor SPV LLC and any of its parents, affiliates, or subsidiaries and each of their respective members, officers, directors, and employees. When used in these Terms, “Cinnabon,” “we,” “us,” or “our” refers to Cinnabon.

We may change or modify some or all these Terms from time to time and will post the updated Terms with an “Updated as of” effective date of the revision. Any changes or modifications will be effective immediately upon posting of the changes or modifications, and you waive any right you may have to receive specific notice of such changes or modifications, and to the extent permitted by law you waive any right you may have to receive specific notice of such changes or modifications. Your continued access to, use of and/or participation in the Cinnabon Online Services after these Terms have been changed or modified signifies your acceptance of any updated Terms. As a result, you should frequently review these Terms to understand the terms and conditions that apply to your access to, use of and/or participation in the Cinnabon Online Services. If you do not agree to the changed or modified Terms, then do not use the Cinnabon Online Services.

OTHER IMPORTANT POLICIES:

Privacy Policy

Updated as of July 26, 2024

These Terms of Use are a binding legal agreement between you and Cinnabon (as defined below) and govern your use of the website located at www.cinnabonaustralia.com Error! Hyperlink reference not valid. and any other Cinnabon-related website (each a “Site” and collectively the “Sites”) or mobile application (each an “App” and collectively, the “Apps”) owned or operated by Cinnabon Franchisor SPV LLC or any of its parents, affiliates or subsidiaries and each of their respective members, officers, directors and employees (collectively, “Cinnabon”) or operated on behalf of Cinnabon, and the materials, software, and content available on or through such Sites and Apps, and the products, programs, and services available on or through such Sites or Apps that link to these Terms of Use (each a “Service” and collectively, the “Services”) (collectively, the “Cinnabon Online Services”). When used in these Terms of Use, “Cinnabon,” “we,” “us,” or “our” refers to Cinnabon.

Your use of the Cinnabon Online Services confirms your unconditional agreement to be bound by these Terms of Use and is subject to your continued compliance with these Terms of Use. If you do not agree to be bound by these Terms of Use, you may not access or otherwise use the Cinnabon Online Services. Before using the Cinnabon Online Services, please review the related Privacy Policy (the “Privacy Policy”), which is incorporated herein by this reference.

By using the Cinnabon Online Services, you acknowledge and accept without limitation or qualification, these Terms of Use, the terms and conditions for each Site, App and/or Service, and our Privacy Policy each of which is incorporated herein by reference and form part of your agreement with Cinnabon.

Cinnabon grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Cinnabon Online Services and the materials thereon for your personal use only, provided that you comply fully with these Terms of Use. You shall not interfere or attempt to interfere with the operation or use of the Cinnabon Online Services by other users in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means.

The Cinnabon Online Services are intended solely for users thirteen (13) years of age and older. You represent and warrant that you are thirteen (13) years of age or older. Any person who is a minor in their jurisdiction of residence (ege.g. under the age of 18 years old) must have their parent or legal guardian’s consent to access the Cinnabon Online Services. If you are a parent or legal guardian of a user who is a minor, you are subject to these Terms of Use and responsible for that user’s activity by allowing them to use the Cinnabon Online Services.

Cinnabon may modify change, modify, update, discontinue, remove, revise, delete or otherwise change any portion of the Cinnabon Online Services or these Terms of Use, in whole or in part, at any time. For changes to these Terms of Use that we deem material, we will post the revised Terms of Use on the Site and update the “Updated as of” date at the top of these Terms of Use. If you disagree with the revised Terms of Use, you may terminate this agreement immediately as provided in these Terms of Use. If you do not terminate your agreement before the date the revised Terms of Use become effective, your continued access to or use of the Cinnabon Online Services, in whole or in part, will constitute acceptance of the revised Terms of Use.

The Cinnabon Online Services may contain links to third party websites or resources, which may or may not be obvious (“Third Party Sites”) as well as software, text, graphics, articles, photographs, pictures, designs, sound, video, music, information, games, software applications and other content originating from third parties (collectively, “Third Party Applications, Software or Content”). Our provision of links to Third Party Sites is not an endorsement of any information, product or service that is offered on or reached through such Third Party Site or Third Party Application, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for the content or performance of any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site or the privacy practices and privacy policies of those Sites. If you decide to leave the Cinnabon Online Services and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.

YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES OR THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

The Cinnabon Online Services, and all of the content they contain, or may in the future contain, including but not limited to text, video, pictures, graphics, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the “Material”) that relates to the Cinnabon Online Services are owned by or licensed by Cinnabon or other third parties and are protected from any unauthorised use, copying and dissemination by copyright, trademark and other intellectual property and non-intellectual property laws. Except as expressly permitted in writing by Cinnabon, you shall not capture, reproduce, perform, transfer, sell, licence, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the Material. Except as otherwise expressly set forth herein, nothing contained in this Agreement or the Cinnabon Online Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of Cinnabon or such third party that may own the Material or intellectual property displayed on the Cinnabon Online Services. Except to the extent required under law (including the Australian Consumer Law (defined below)), Cinnabon may add, change, discontinue, remove, or suspend the display of or access to any of the Material at any time, without notice and without liability. Linking, or any other manner of incorporating the whole or parts of the Sites and Apps, including the framing of Sites and Apps by sites or site elements controlled by third parties, is strictly prohibited.

As a condition of your use of the Cinnabon Online Services, you warrant to Cinnabon that you will not use the Cinnabon Online Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Cinnabon Online Services in any manner which could damage, disable, overburden, or impair the Cinnabon Online Services or interfere with any other party’s use and enjoyment of the Cinnabon Online Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Cinnabon Online Services.

You need not register with Cinnabon to simply visit and view the Sites or App and use many of the Services available on the Sites or App. However, Cinnabon may from time to time require you to register for an account in order to access certain password-restricted areas of the Sites and Apps and to use certain Services and materials offered on and through the Sites and Apps. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain parts or features of the Sites and Apps. You agree that you will not create an account for anyone other than yourself without their permission. You will also not create more than one personal profile. If you select a username for your account, you will not incorporate any third-party intellectual property into your username, and we reserve the right to remove or reclaim it if we believe in our sole discretion that is necessary or appropriate (such as if a celebrity or trade mark owner complains about a username). Cinnabon shall have the right to approve or reject any requested account, in Cinnabon’s discretion. If your account is approved, you will be permitted to log in to the applicable Site, App or Service using the password you select. You may not permit anyone other than yourself to use your username or password to gain access to the Site, App or Service. You will take reasonable steps to maintain the privacy of your username and password and to prevent unauthorised access to or disclosure of your username and password. You are responsible for all activities that occur using your username and password.

The Sites and Apps may contain bulletin board services, chat areas, news groups, forums, communities, guest satisfaction surveys, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with Cinnabon, the public at large, or within a group (collectively, “Communication Services“). As used in these Terms of Use, the term Cinnabon Online Services shall include Communication Services. You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.

All remarks, suggestions, ideas, graphics, discussions, chats, postings, transmissions, bulletin boards, or other information communicated to Cinnabon through the Sites and Apps, via the Communication Services or otherwise (each, a “Submission“), will remain your property, except as otherwise expressly stated by Cinnabon in connection with a specific Submission. Cinnabon will treat any Submission as nonproprietary and non-confidential. By posting, uploading, inputting, providing, or submitting your Submission you acknowledge that you and not Cinnabon have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You further warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions, and that any Submission will not violate the privacy rights, intellectual property rights, moral rights, copyright or any other rights of any person, nor give rise to any liability to make royalty or other payments to any person.

By posting, uploading, inputting, providing, or submitting your Submission you grant Cinnabon a irrevocable, non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide licence to use, copy, duplicate store, present and/or publish all or any part of your Submission, and we shall be free to use, reproduce, disclose, transmit, publish, broadcast or post your Submission, in any manner or media whatsoever, on an unrestricted basis and without any attribution, including without limitation, on our website, in advertisements and in printed media for the purposes of promoting Cinnabon’s goods and services.

To the extent you have any moral rights in a Submission or in any other information communicated to Cinnabon through the Sites and Apps, you unconditionally and irrevocably consent to each of the activities described above and to the use of your Submission with or without attribution, and you waive any such moral rights outside Australia and agree not to enforce any moral rights you may have in or outside Australia.

No compensation will be paid with respect to the use of your Submission, as provided herein. Cinnabon is under no obligation to post or use any Submission you may provide and may, in Cinnabon sole discretion, remove any Submission from the Cinnabon Online Services at any time, for any reason, without notice to you.

When using the Cinnabon Online Services and/or making a Submission, you agree to abide by common standards of decency and act in accordance with the law. By way of example and not limitation, you agree not to:

• Defame, slander, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, offensive, sexually explicit, racist, hateful, infringing, obscene, indecent, or unlawful topic, name, material, or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Cinnabon Online Services, or another’s computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Site, App, or Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes, or chain letters.
• Download any file posted by another user of a Site, App, or Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Sites, Apps, and Services, or any part thereof.
• Violate any code of conduct or other guidelines which may be applicable for any particular Site, App, or Service.
• Harvest or otherwise collect information about others, including e-mail addresses or phone numbers, without their consent.
• Knowingly or recklessly facilitate or encourage any third parties to infringe or violate the legal rights of others.
• Violate any applicable laws or regulations.

Cinnabon reserves the right in its sole discretion to review Submissions and to remove any materials at any time, for any reason, without notice to you. Cinnabon assumes no responsibility or liability arising from the content of any such Submissions, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Sites or Apps, including in Submissions You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.

Cinnabon reserves the right to terminate your access to any or all the Cinnabon Online Services at any time without notice for any breach or reasonably suspected breach of the requirements in this section, or where otherwise reasonably necessary to protect Cinnabon’s legitimate interests.

Cinnabon reserves the right to terminate your access to any or all the Cinnabon Online Services at any time without notice for any reason whatsoever, including for any breach or reasonably suspected breach of the requirements in this section.

Please do not give out any personal information about yourself or your children on or through the Cinnabon Online Services.  Cinnabon does not control or endorse the content, messages, or information found in any Communication Service. Therefore, Cinnabon specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised Cinnabon spokespersons, and their views do not necessarily reflect those of Cinnabon.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Cinnabon and its employees do not consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products, product enhancements, processes, materials, marketing plans, or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions, or other works (collectively, “Idea Submissions”) in any form to Cinnabon or any of its employees. The chief purpose of this policy is to avoid potential misunderstandings or disputes when Cinnabon products or marketing strategies might seem like ideas submitted to Cinnabon. If, despite this request, you still send in Idea Submissions, the following terms shall apply to your Idea Submissions:

You agree that: (1) your Idea Submission(s) and their contents will automatically become the property of Cinnabon, without any compensation to you; (2) Cinnabon may use or redistribute the Idea Submission(s) and their contents for any purpose and in any way; (3) there is no obligation for Cinnabon to review or use Idea Submission(s); and (4) there is no obligation to keep any Idea Submission(s) confidential.

You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Cinnabon Online Services for any commercial purpose.

Cinnabon welcomes your feedback regarding many areas of our business. If you want to send us your feedback, and we hope you do, we simply request that you use the Contact Us feature on this Site. Please provide only specific feedback on Cinnabon existing products or marketing strategies. Any feedback you provide at this Site shall be deemed to be non-confidential. Cinnabon shall be free to use such information on an unrestricted basis.

Cinnabon operates the Cinnabon Online Services in the applicable Territory specified in the table under the “Governing Law and Venue” section (“Territory“). We provide the Cinnabon Online Services for use only by persons located in the applicable Territory. Cinnabon makes no representation that the Cinnabon Online Services, including the Sites, Materials, or merchandise offered for sale on the Sites and Apps and their copyrights, trademarks, patents, and licensing arrangements are appropriate or legal for use in locations other than the applicable Territory. If you access the Cinnabon Online Services from locations outside of the applicable Territory, you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Except as described otherwise, all materials in the Cinnabon Online Services are made available only to provide information about Cinnabon or Cinnabon’s affiliate or subsidiary. Cinnabon, or its designee, controls and operates the Cinnabon Online Services from its headquarters in Atlanta, Georgia, United States of America and makes no representation that these materials are appropriate or available for use in locations other than the Territory specified in the table under the “Governing Law and Venue” section. If you use the Cinnabon Online Services from other locations, you are responsible for compliance with applicable local laws.

CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN CONSUMER LAW IN THE COMPETITION AND CONSUMER ACT 2010 (CTH), MAY LIMIT THE ABILITY TO EXCLUDE LIABILITY OR MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS MUST IN ALL CASES BE READ SUBJECT TO THESE STATUTORY PROVISIONS.

CINNABON AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. IN ADDITION, UNDER THE AUSTRALIAN CONSUMER LAW, THERE ARE CERTAIN CONSUMER GUARANTEES WHICH CANNOT BE EXCLUDED, INCLUDING GUARANTEES AS TO MERCHANTABILITY, FITNESS FOR PURPOSE, SUPPLY BY DESCRIPTION, REPAIRS AND TITLE.

WE PROVIDE THE CINNABON ONLINE SERVICES “AS IS” WITHOUT WARRANTY OF ANY KIND AND WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED TO THE EXTENT PERMITTED BY LAW. FOR EXAMPLE, (A) CINNABON DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) CINNABON NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF MATERIALS DISPLAYED ON THE SITES AND APPS WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES; (C) CINNABON DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES AND APPS OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (D) CINNABON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THE SITES AND APPS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CINNABON) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THE DISCLAIMERS IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU HAVE STATUTORY RIGHTS OR WARRANTIES WE CANNOT DISCLAIM, THE DURATION OF ANY SUCH STATUTORILY REQUIRED RIGHTS OR WARRANTIES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

The Sites and Apps contain downloadable materials as well as links to external websites. Except to the extent required under applicable law (including the Australian Consumer Law), Cinnabon is not responsible for, and has no control over, the content of such downloadable materials or external websites. The inclusion of any link to such websites does not imply endorsement by Cinnabon of the websites. You understand that Cinnabon cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through the Sites and Apps, will be free of infection or viruses, worms, Trojan Horses, or other code or defects that manifest contaminating or destructive properties.

Except to the extent required under law (including the Australian Consumer Law), we provide no warranty, guarantee or assurance, express or implied, to the you in relation to the Goods.

You acknowledge and agree that, to the extent permitted by law (including the Australian Consumer Law), Cinnabon:

1. disclaims all representations and warranties, express, implied or statutory, not expressly set out in this Agreement, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement;
2. does not make any representation or warranty that the information provided on, or made accessible via, the Platform is reliable, accurate or complete;
3. does not warrant that the availability of the Services or that your use of the platform will be uninterrupted, error-free or that any errors will be corrected. The Services are provided to you on an “as is” and “as available” basis; and
4. is not responsible for any delays, interruptions, delivery failures, degradation of data or any other loss or damage resulting from any matter outside of its reasonable control (including any outage of the Services).

For clarity, nothing in this Agreement limits or excludes any guarantees, warranties, representations or conditions implied or imposed by applicable law (including the Australian Consumer Law) that cannot be limited or excluded.

Australian Consumer Guarantees

The Australian Consumer Law provides certain statutory guarantees which apply to the goods or services, which cannot be excluded, restricted or modified.  Nothing in these terms and conditions attempt or purport to exclude liability arising under statute (including the Consumer Guarantees set out in the Australian Consumer Law) if, and to the extent, such liability cannot be lawfully excluded.

Where any law (including the Australian Consumer Law) implies a condition, warranty or guarantee into these terms and conditions which may not be lawfully excluded, then to the maximum extent permitted by applicable law, our liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:

• if the breach relates to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and
• if the breach relates to services: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again,

and to the extent that an aspect of any of the items set out above is not permitted under applicable legislation, to the maximum extent permitted by applicable legislation.

Subject always to the foregoing restrictions, and except to the extent required under applicable law (including the Australian Consumer Law),  Cinnabon will not be liable for any damages or injury caused by the Cinnabon Online Services, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CINNABON AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”) AND/OR ITS SUPPLIERS OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF USE, DATA OR PROFITS, UNAUTHORISED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CINNABON ONLINE SERVICES, WITH THE DELAY OR INABILITY TO USE THE CINNABON ONLINE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE CINNABON ONLINE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE CINNABON ONLINE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF CINNABON OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CINNABON ONLINE SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CINNABON ONLINE SERVICES.

Subject always to the foregoing restrictions, and except to the extent required under applicable law (including the Australian Consumer Law),  Neither Cinnabon (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the CINNABON ONLINE services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms OF USE, (ii) the use of or inability to use the CINNABON ONLINE services, or (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the CINNABON ONLINE services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Cinnabon has been informed of the possibility of such damage, even if a limited remedy set out in these Terms OF USE is found to have failed of its essential purpose.

In no event will Cinnabon’s aggregate liability for any claim or dispute arising out of or in connection with these Terms OF USE or your use of or inability to use the CINNABON ONLINE services, exceed the amount you paid to Cinnabon during the 12-month period prior to the event giving rise to the liability.

These limitations of liability and damages are fundamental elements of the agreement between you and Cinnabon. If applicable law does not allow the limitations of liability set out in these Terms OF USE, the above limitations may not apply to you.

The material, software, products, and Services in the Sites and Apps, or available through the Sites and Apps, may include technical inaccuracies or typographical errors. Cinnabon is not responsible if information made available through the Cinnabon Online Services is not accurate, complete, or current. The material on the Cinnabon Online Services is provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or timelier sources of information. Any reliance on or use of the material and Services on the Sites and Apps is at your sole and exclusive risk. The Sites and Apps may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. Cinnabon may make changes or improvements at any time. ADVICE RECEIVED VIA THE SITES AND APPS SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Cinnabon and its employees do not accept or consider unsolicited solicitations for employment. To be considered for a posted job opportunity, you must submit an application for a posted position. Cinnabon is an equal opportunity employer committed to a diverse workforce. Cinnabon’s independent franchisees each hire their own employees and establish their own terms and conditions of employment, which may differ from those described.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE, DEFEND (AT CINNABON’S OPTION), INDEMNIFY, AND HOLD CINNABON HARMLESS FROM AND AGAINST ANY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (A) YOUR BREACH OF THESE TERMS OF USE (INCLUDING ANY SUPPLEMENTAL OR ADDITIONAL TERMS THAT APPLY TO A SERVICE); (B) YOUR USE OF THE CINNABON ONLINE SERVICES IN VIOLATION OF THESE TERMS OF USE; (C) INFORMATION POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; (D) ANY MISREPRESENTATION MADE BY YOU; AND (E) YOUR BREACH OF ANY OTHER LAWS OR REGULATIONS. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN CINNABON’S DEFENSE OF ANY CLAIM.  CINNABON RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF CINNABON.

You understand and agree that Cinnabon may, in its sole discretion and at any time, terminate your password, account or use of any part of the Cinnabon Online Services, and discard and remove and permanently delete any content posted or submitted by you to any part of the Cinnabon Online Services, and/or prohibit you from accessing the Cinnabon Online Services, in whole or in part, for any reason or no reason at all, at any time in its sole discretion, with or without notice. You understand and agree that Cinnabon may take any one or more of these actions without prior notice to you. Should Cinnabon take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your account, including your registration information and submitted content. You understand and agree that Cinnabon shall not have any liability to you or any other person for any termination of your access to any portion of the Cinnabon Online Services, or the removal of any of your content. Cinnabon will determine your compliance with these Terms of Use in its sole discretion and its decision shall be final and binding and not subject to challenge or appeal. Any violation of these Terms of Use may result in restrictions on your access to all or part of the Cinnabon Online Services and may be referred to law enforcement authorities, if appropriate. No changes to or waiver of any part of these Terms of Use shall be of any force or effect unless formally posted or made in writing and signed by a duly authorised officer of Cinnabon. Upon termination of your account or access to the Cinnabon Online Services, or upon demand by Cinnabon, you must destroy all materials obtained from the Cinnabon Online Services and all related documentation and all copies and installations thereof. If we disable your account, you agree that you will not create another account without our permission.

We will handle personal information we obtain about people who use our websites or mobile apps, browse or purchase our products, apply to become franchisees, or who otherwise interact with us online or offline, in accordance with our Privacy Policy available at cinnabonaustralia.com/privacy  (as amended from time to time). By accepting these terms, you acknowledge and agree that you have read and understand the Privacy Policy.

All trademarks used herein are owned by Cinnabon unless otherwise stated. All other third-party trademarks used on the Sites and Apps are the property of their respective owners and used under license by Cinnabon. Any rights not expressly granted herein are reserved.

All contents of the Cinnabon Online Services are copyrighted by Cinnabon. All Rights Reserved.

• Cinnabon respects the intellectual property rights of others, and we ask you to do the same. Cinnabon may, in appropriate circumstances and at our discretion, terminate service and/or access to and use of the Cinnabon Online Services for users who infringe the intellectual property rights of others.

Portions of the Cinnabon website are licensed under U.S. Patent No. 5,930,474.

These Terms of Use shall be governed and construed in accordance with the laws of the State of Queensland, Australia (without regard to its conflicts of law principles that would cause the application of any other jurisdiction’s laws). Proceedings arising out of these Terms of Use must only be brought in a court or tribunal in Queensland, unless we both agree to some other location.  In the event of any dispute arising out of or connected with these Terms of Use, we both also may agree to binding arbitration or another alternative dispute resolution processes.  Please contact us at [privacy@cinnabon.com] with the details of your claim.

Interpreting these Terms of Use. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms of Use (including those items incorporated by reference) constitute the entire agreement between Cinnabon and you pertaining to your access to or use of the Cinnabon Online Services and supersede any and all prior oral or written understandings or agreements between Cinnabon and you. These Terms of Use do not and are not intended to confer any rights or remedies upon anyone other than you and Cinnabon. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms of Use it connotes an obligation with the same meaning as “shall.”

No Waiver. Cinnabon’s failure to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise permitted under law.

Entire Agreement. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. Nothing in this clause is intended to exclude liability for fraud or fraudulent misrepresentation or any other representation which cannot be excluded by law. These Terms of Use may not be amended, nor any obligation waived, except by Cinnabon, or with Cinnabon’s prior written authorisation. Any failure to enforce any provision of these Terms of Use shall not constitute a waiver thereof or of any other provision thereof.

Injunctive Relief. You acknowledge that any breach of this agreement would cause Cinnabon irreparable injury, such that Cinnabon would have no adequate remedy at law. You agree that in the event of such breach, Cinnabon shall be entitled to injunctive relief in addition to any other remedies it may have at law or equity.

Please direct all inquiries related to these Terms of Use through Contact Us link or to:

Cinnabon Franchisor SPV LLC
ATTN: GENERAL COUNSEL
5620 Glenridge Drive NE
Atlanta, GA 30342
(404) 205-3250