WEBSITE TERMS AND CONDITIONS AS AT JUNE 2015
Please carefully read the terms and conditions set out below. They state:
(a) how you may use the Spiral Foods website (the “Website”), operated by Spiral Foods Pty Ltd (ACN 006 292 780) (”Spiral Foods”); and
(b) our limitations of liability.
1.1 These terms and conditions (the “Terms”) govern your use of the Website, including:
(a) your access to the Website;
(b) your uploading and/or downloading of any materials to or from the Website; and
(c) any information product or service accessed or supplied from, on or via the Website.
1.2 By using our Website, you confirm that you agree to comply with the Terms. If you do not agree to be bound by these Terms, please do not use the Website or any product or service accessed or supplied from, on, via or by us or the Website.
1.3 The Terms apply in addition to (and do not derogate from) any other terms or conditions that expressly apply to a specific product or service accessed, supplied or provided by or via us or the Website.
2.1 We may update the Terms from time to time. Amendments to the Terms will be effective from the date the revised Terms are made available on this page. You are responsible for checking for each amended set of terms. To make this easier, each version will be dated with the date on which it commences.
3.1 Except as outlined in clause 3.3, you may view, download and/or print material from this Website for your personal use only or, (if you are in an organisation) for the purpose of assessing whether or not to purchase a product or service from us.
3.2 For clarity, the licence in clause 3.1 is non-exclusive and non-transferable.
3.3 Clause 3.1 does not apply to products and/or services purchased from, on or via the Website. Sales of such products and services will be governed by separate terms of sale.
4.1 Spiral Foods and its related entities retain and reserve all right, title and interest (including copyright and trade marks) in the Website and in all components and elements of the Website other than third-party material.
4.2 We may change the Website (including by removing or adding content, links and other URLs) and make the Website inaccessible, or modify, discontinue or upgrade the Website at our discretion, without notice and without liability to you or anyone else.
4.3 The content on the Website is provided for general information only and is offered on an “as is” basis. It is not intended to amount to advice on which you should rely. In particular, we are not recommending that people eat certain foods or follow any particular dietary advice. This is particularly so if you have allergies or other conditions that may give rise to adverse reactions to certain foods or diets. You must therefore obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of the Website and before relying on anything on this Website, we recommend that you consult your health care professional.
4.4 You are responsible for:
(a) making all arrangements (such as for software, hardware and internet connectivity) that may be necessary to gain access to the Website (when available) or any content on it;
(b) making all arrangement to protect your software, hardware and internet connectivity from any bug or virus by using your own virus protection software; and
(c) ensuring that all persons who access the Website through your internet connection are both aware of these Terms and comply with them.
4.5 If we enable you to post material on the Website (such as photos and/or comments):
(a) you agree only to post material which you own or control and which does not infringe the rights of others and which does not breach any laws;
(b) you grant us an exclusive, world-wide, perpetual, irrevocable, sub-licensable, transferable licence to use, reproduce, adapt, publicly perform and communicate to the public that material, including by any and all means and media (whether now known or existing in the future);
(c) you promise that you have the right to grant such a licence and you promise that our use of the material in accordance with that licence will not infringe the rights of any person;
(d) you agree that we will not be responsible or liable to any third party for the content or accuracy of any content posted by you or any other user of our Website;
(e) you agree not to take any action against us based on or in any way related to content you or some other person posting material to the Website has uploaded or otherwise made available;
(f) you acknowledge that in exercising any rights granted by you to us under this clause we are not required to attribute you as the author of material, we may attribute others as the author of it and that the material will be considered non-confidential and non-proprietary; and
(g) subject to your rights under privacy law, we may, in our complete discretion (and for any or no reason) delete, edit, change or deal with that all or any part of that material in any manner, including for promotional purposes.
4.6 We have the right at any time to disable any user identification code or password (whether chosen by you or allocated by us) of in our reasonable opinion you have failed to comply with any of the provisions of the Terms.
4.7 Where the Website contains links to other sites and resources provided by third parties, these are provided for your information only, and you acknowledge that we have no control over the content of those sites or resources.
4.8 If you use the Website in breach of the Terms, your right to access and use the Website will immediately cease.
5.1 Except as expressly permitted by law, or as expressly authorised by us in writing, you agree not to:
(a) reproduce or communicate to the public any of the materials available on the Website other than in accordance with these Terms;
(b) modify any materials you print, copy or download from the Website;
(c) reverse engineer, access the source code of, or otherwise deal with the Website without our express written permission;
(d) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website (including by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful);
(e) attempt to gain unauthorised access to the Website, the server or servers on which the Website is stored or any server, computer or database connected to the Website;
(f) attack the Website via a denial-of-service attack or distributed denial of service attack;
(g) remove any copyright notice or metadata from the Website or from any product or service that we provide to you;
(h) download material from the Website (whether systematically or otherwise, and including in aggregate quantities) to store it for uses other than permitted under clause 3.1;
(i) take any action which imposes an unreasonable or disproportionately large load on the Website or our infrastructure;
(j) use any part of the content of the Website for commercial purposes; or
(k) disclose to or share with any person or entity any password or log-in details with which we may provide you, or use your password or log-in details for any unauthorised purpose.
5.2 You agree to:
(a) comply with all relevant laws relating to the use of the Website and relating to any product or service you purchase or otherwise acquire from us;
(b) promptly notify us at webadmin [at] spiralfoods [dot] com [dot] au if you know or suspect that any person not authorised by us knows any user identification code or password we have allocated to you or that you have chosen to use in relation to the Website and/or our products or services; and
(c) indemnify us against any and all liability, loss, damage, cost or expense, caused by any breach by you of any provision of these Terms.
5.3 You warrant that any account or personal information you provide is accurate.
5.4 By continuing to use the Website, you agree to us installing cookies. If you do not agree to us installing cookies, you should look to amend your browser preferences accordingly, and also expect that not all features of the Website will work optimally for you.
6.1 Unless expressly stated otherwise, we make no warranties, express or implied, in relation to the Website or the services supplied through this Website, including but not limited to warranties of accuracy, reliability, merchantability or fitness for a particular purpose.
6.2 We do not make any warranties that the Website will be available, complete, up-to-date, uninterrupted or free from errors, omissions, bugs or viruses.
6.3 To the maximum extent permitted by law and save as expressly stated in these Terms, all other express or implied terms, conditions, warranties, statements, assurances and representations in relation to the sites and/or any content on the Website arising from these Terms are expressly excluded.
6.4 If any of the exclusions or limitations set out in this clause are declared illegal or void or if there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by these Terms, then, to the extent permitted by law, our entire liability and your exclusive remedy is limited to, at our discretion, the replacement of any applicable goods or service, or the supply of equivalent goods or an equivalent service.
6.5 In no event will we (including our agents, employees or contractors) be liable for any direct, indirect or consequential loss (even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable), including, but not limited to, loss of profits, production, data, opportunity or goodwill; or business interruption, however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of our performance or non-performance of these Terms and including any such loss:
(a) caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it or on any websites linked to them; or
(b) that may arise from your use of websites to which our Website links (such links not to be interpreted as endorsement by us of those linked websites or of any goods or services offered on or through them).
6.6 To the maximum extent permitted by law, our maximum cumulative liability under these Terms will not exceed an amount greater than the income we have received from you in the last 3 months.
7.1 Any failure by us to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
7.2 These Terms contain the entire agreement between you and us relating to the Website and supersedes any prior agreement. The validity, construction, breach and operation of these Terms shall be governed by the laws of and shall be adjudicated in the State of New South Wales.
7.3 If any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
7.4 In the interpretation of these Terms, unless the context otherwise requires:
(a) words and phrases defined in the Copyright Act 1968 (Commonwealth) have the corresponding meaning;
(b) clause headings shall be disregarded; and
(c) words importing the singular include the plural and vice versa.
7.5 Neither these Terms nor your use of the Website create any agency, partnership or employee/employer relationship between you and Spiral Foods.
7.6 Any notices required or able to be given by us under this Agreement may be given by email to any email address you provide to us. Any notices required or able to be given by you may be sent to webadmin [at] spiralfoods [dot] com [dot] au.