General Disclaimer

We are not liable to you or anyone else for any Loss in connection with use of this Web Site or a Linked Web Site.

This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers but does not attempt to exclude liability in relation to those warranties implied by law which cannot be excluded.

Specific Warnings and Disclaimers

You must ensure that your access to this Web Site is not illegal or prohibited by laws which apply to you or in your location.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Web Site or a Linked Web Site. You must take your own precautions to ensure that whatever you select for your use from this Web Site is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time, change or add to this Web Site (including these Terms of Use) or the information, products or services without notice. However, we do not undertake to keep this Web Site updated. We are not liable to you or anyone else if errors occur in the information on this Web Site or if that information is not up-to-date.

H.J Heinz Company has exercised all reasonable care in preparing the allergen charts in respect to its product formulations at the date of publication. However, as product formulations change, this chart should not be used in substitution of careful analysis of product ingredient lists at the time of purchase. H.J Heinz Company produces this chart as part of its ongoing commitment to ensure that consumers who have special dietary needs can make informed decisions about product selection, but does not imply that H.J Heinz Company (or any of its subsidiaries) accepts responsibility or liability for any allergic reaction that may be experienced by any consumer in respect of any of its products.

To the extent permitted by applicable law, all representations, warranties and other terms are excluded. In circumstances where warranties are implied by law and cannot be excluded, H.J Heinz Company's liability is limited to either the repair, replacement or reimbursement for the goods supplied by H.J Heinz Company or the replacement or reimbursement for the services supplied by H.J Heinz Company, at H.J Heinz Company's option.

Use of the Discussion Board on the forbaby website is subject to the condition that you agree not to post any statement of, or capable of, being defamatory of any individual or organisation or that contains anything of an anti-social nature. This includes materials that contain any unlawful, defamatory, criminal, abusive, indecent or pornographic material. If such material is posted on the forbaby website, you agree to indemnify H.J Heinz Company for any losses, costs, expenses, liabilities or damages that H.J Heinz Company may suffer as a result.

In these Terms of Use, certain words (particularly capitalised ones) may have special meanings. If they do, these special meanings are set out in the "General" section.

Copyright

This Web Site is our copyright property.

You are provided with access to it only for your personal and non-commercial use.

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Commonwealth of Australia) and similar statutes that apply in your location, you may not, in any form or by any means: adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Web Site; or commercialise any information, products or services obtained from any part of this Web Site, without our written permission.

Trade Marks

Except where otherwise specified, any word or device which is capitalised or to which is attached the (tm), * or (r) symbol is a trade mark of H.J Heinz Company.

If you use any of our trade marks to refer to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

• In or as the whole or part of your own trade marks;
• In connection with activities, products or services which are not ours;
• In a manner which may be confusing, misleading or deceptive;
• In a manner that disparages us or our information, products or services (including this Web Site).

Linked Web Sites

This Web Site may contain links to Linked Web Sites. Those links are provided for convenience only and may not remain current or be maintained.

Links to those Linked Web Sites should not be construed as any endorsement, approval, recommendation, or preference by us of the owners or operators of the Sites, or for any information, products or services referred to on those Other Web Sites.

Unless stated otherwise on this Web Site, we have:
(a) no relationship with the owners or operators of those Linked Web Sites; and
(b) no control over or rights in those Linked Web Sites.

Cookies

"Cookies" are a standard for storing small pieces of data on a web client (ie. the web browser on your computer). Any Web server (including this one) may:

• Istore one or more cookies in your browser; or
• request your browser to transmit the data to the Web server.

This Web Site may store cookies on your Web client in order to better serve you upon your subsequent visits to this Web Site.

By using cookies, Web sites can track information about visitors' usage of the site, provide customised content, or even the use of password protection. Note that some browsers can be configured to allow cookies to be accessed by servers other than the originating server.

Please note that most Web browsers can also be configured to notify the user when a cookie is received, allowing you to either accept or reject it. For further information about working with cookies: for Internet Explorer, visit www.microsoft.com and for Netscape Navigator, visit www.netscape.com.

Note that the servers listed above may also cause a cookie to be stored on your computer. If you are using a browser not listed above, please consult your documentation or the manufacturer.

General

In these Terms of Use:

• "H.J Heinz Company" stands for H J Heinz Co Australia Limited, and includes any of the directors and employees of Heinz or any of its associated entities or any other person contributing to this Web Site.
• "Loss" means any loss or damage, however caused (including through negligence) which may be directly or indirectly suffered.
• "Linked Web Sites" means Web sites of people other than Heinz which are hyperlinked from this Web Site.
• "Personal Information" means any information from which your identity is apparent or can be reasonably ascertained.
• This "Web Site" means http://www.forbaby.com.au or http://www.forbaby.co.nz or the whole or any part of the web pages located at http://www.foodinaminute.com.au and http://foodinaminute.tv, http://www.heinz.com.au, http://www.watties.co.nz, http://www.heinzwatties.com, www.bigeat.com.au, www.bigeat.co.nz, www.bitontheside.com.au, www.bitontheside.co.nz, www.earthsbest.com.au, www.farex.com.au, www.farex.co.nz, www.freshlock.com.au, www.freshlock.co.nz, www.goodtastecompany.co.nz, www.heinzwatties.com.au, www.heinzwatties.co.nz, www.heinzwattiesfoodservicesolutions.com.au, www.hjheinz.com.au, www.hjheinz.co.nz, www.watties.com, www.watties.com.au (including the layout of this Web Site; individual elements of the Web Site design; underlying code elements of this Web Site; or text, sounds, graphics, animated elements or any other content of this Web Site).
• "We" and "us" refer to H.J Heinz Company, and "our" has a similar meaning.

These Terms of Use are governed by the laws in force in Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Use or this Web Site.

Privacy Statement

Protecting your privacy is important to H.J Heinz Company.

Every time we collect or otherwise deal with your personal information, we will be regulated by the National Privacy Principles contained within the Privacy Act 1988 (Cth). We have developed this Privacy Statement to inform you about how Heinz Wattie's will collect, hold, use, and disclose personal information, how individuals can gain access to personal information held by us and how an individual may inquire about how we deal with personal information. This Statement should also be read in conjunction with our disclaimer regulating the use of Heinz Wattie's websites.

Collection of your personal information

We only collect your personal information where that personal information is necessary for one or more of our functions or activities. Depending on your relationship with us, this information may include, but is not limited to your name, address and email address.

When collecting this personal information, we will do so only by lawful and fair means and not in an unreasonably intrusive way.

When collecting personal information about you which, for the purposes of the Privacy Act is regarded as sensitive information or health information, we will collect that information from you or from third parties only with your consent.

Where it is reasonable and practicable to do so, we will only collect personal information about you from you directly and not from third parties. However, in many instances, this will not be practicable. If we collect personal information about you from a third party then we will take reasonable steps to ensure that you receive the information that we are obliged to make you aware of. This may involve us contacting you directly, or a third party discharging our obligations on our behalf.

Use and disclosure of your personal information

Heinz Wattie's collects, uses and discloses your personal information for a range of purposes. These purposes depend largely upon your relationship with us.

We will use personal information for the primary purpose for which it was collected. The primary purpose of collection is the main reason we collect your personal information in the first instance. For a grower, the primary purpose may be to maintain a business relationship with you, for a job applicant it may be to conduct recruitment. We will only use personal information beyond the primary purpose where it is related to that purpose or where you consent to the further use.

Generally speaking, Heinz Wattie's uses and discloses personal information for purposes such as:

• to facilitate, maintain and continue a business relationship with growers;
• to provide growers and others with the benefits associated with our business relationships;
• to notify customers or others of products and services of Heinz Wattie's or other organisations that may assist you, including any special offers available;
• to deal with any inquiries of customers or growers;
• for market research on products customers may be interested in;
• to improve the quality and level of services offered by Heinz Wattie's.

Heinz Wattie's may, where necessary, contract out various services associated with our functions and activities. This may involve the disclosure of your personal information to other persons and organisations, both within Australia and overseas.

Where Heinz Wattie's does disclose your personal information to other parties it has in place arrangements or understandings with those third parties to ensure that your personal information is handled in a manner consistent with our obligations under this privacy policy. Where appropriate, we will ensure that your personal information is de-identified before being used or disclosed or destroyed or de-identified if it is no longer necessary that it be retained.

The types of persons and organisations to which the Heinz Wattie's may disclose your personal information include the following:

• organisations with whom we have arrangements or agreements for the purpose of promoting our products or services and any agents used by us in administering such arrangements or agreements;
• our agents, contractors and external advisers who carry on our functions and activities or who assist us to carry on our functions and activities from time to time;
• other parties to whom we are authorised or required by law to disclose information.

Consent and sensitive information

We collect only minimal amounts of sensitive information.

We will only collect sensitive or health information from you or about you with your consent. By supplying sensitive or health information about yourself in writing you will be taken to have given your consent to our collection of that information.

In most instances, when we collect personal information directly from you, we will obtain your consent to use it for our various purposes. When we obtain information from a third party we will usually enlist that third party to obtain consent on our behalf. In some situations, we will be able to collect sensitive information about you with obtaining your consent. Where this occurs, we shall comply with the Privacy Act at all times.

Security and quality of your personal information

Heinz Wattie's will take reasonable steps to ensure that the personal information that we collect, store, use or disclose is accurate, complete and up to date.

We will also take reasonable steps to protect your personal information from misuse and loss and from unauthorised access, modification or disclosure in accordance with the requirements of our privacy policy and the Privacy Act.

Requests for access to and correction of your personal information

You may request details of the personal information we hold about you, by writing to or contacting us.

No fee will be charged for making the request. We may charge a fee for the provision of this information to cover administrative costs. However, we will inform you of any fee at the time a request is made.

In general, we will allow access to the personal information we hold about you. However, we may deny access to personal information to you to the extent that:

• providing access would pose a serious threat (or in the case of personal information other than health information, a serious and imminent threat) to the life or health of any individual; or
• providing access would have an unreasonable impact upon the privacy of other individuals; or
• your request for access is frivolous or vexatious; or
• it is otherwise appropriate for us to deny access in accordance with the Privacy Act.

We will not deny you access to any personal information following an access request without providing you with a reason for the denial.

If you are aware that any of your personal information is inaccurate, incomplete or out of date following an access request, or because your circumstances have changed, please inform us so that we can update our records. We will correct any incorrect personal information and will not refuse to make a correction without providing you with a reason for the refusal. However, if we do refuse to make a correction, we will take reasonable steps to place with the disputed information a statement from you claiming that the disputed information in your opinion is not accurate, complete or up-to- date.

Changes to the privacy statement

We may change our policies and update the Privacy Statement from time to time. We may send you an updated Privacy Statement using methods we choose from time to time, and may publish it on our website at www.heinzwatties.com.au

To get a copy of our most current Privacy Statement, please contact us.

Inquiries

If you have any concerns or inquiries about how we deal with your personal information, you should contact us.

Corporate Affairs Manager
H.J Heinz Company
Locked Bag 19057,
Southbank, VIC 3006