1.1 These Terms and Conditions are in effect at all times while you are using the Website. By using the Website, you agree to the Terms and Conditions. Please read them carefully.
1.2 We reserve the right to change these Terms and Conditions at any time.
2.1 While we take all reasonable care in the construction, operation and content of the Website, we make no guarantee or warranty that:
2.1.1 the use of the Website will be uninterrupted or virus and error free;
2.1.2 any information contained in the Website is complete, accurate or up to date.
2.2 Where the Website contains information, opinions or advice of or given by third parties, we do not endorse such information, opinions or advice or give any guarantee or warranty as to the accuracy or reliability of such information, opinions or advice.
2.3 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. We are not responsible for any interference or damage to your computer system which arises in connection with your use of the Website or any other website linked to the Website.
2.5 Access to the Website may be terminated at any time by us without notice.
3. VISITOR CONDUCT
3.1 You must not post or send to or from the Website, or provide us with, any information or other material:
3.1.1 that is inaccurate or misleading or deceptive in any material respect;
3.1.2 that contains images of another person without that person’s permission (or in the case of a minor, the minor’s parent or legal guardian);
3.1.3 for which a third party holds the Intellectual Property Rights where you have not obtained all necessary consents to copy, disclose, distribute, incorporate or otherwise use the material for any purpose;
3.1.4 that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in Australia;
3.1.5 that is harmful in nature including computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data; or
3.1.6 that may be used in connection with spamming, spimming, phishing, trolling or similar activities.
3.2 You must not through the Website or in any other manner, harass, annoy, intimidate or threaten us or our employees or agents or any Other Users.
3.3 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person contravening this clause.
4. LINKS TO OTHER WEBSITES
4.1 Any links to third party websites located on the Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to the Website, you do so at your own risk.
4.2 If you would like to link to the Website, you may do so provided that:
4.2.1 you link to, but do not replicate, any page on the Website;
4.2.2 the link must “point” to the URL www.safoodawards.com.au and not to pages on the Website;
4.2.3 the link does not operate in a way which might damage or diminish the value of the Food South Australia name, reputation or trademarks;
4.2.4 the link displays “full screens” of the Website and not “frames” of the Website.
Except where otherwise required by law (including the Australian Consumer Law):
5.1 all guarantees, conditions, warranties or other terms which may be implied by law or otherwise in connection with the use of the Website are excluded;
5.2 we do not accept responsibility for any Liabilities which you may incur in connection with your use of the Website or any linked website and you release us from any Claim relating to such Liabilities;
5.3 in no circumstances will we be responsible for any loss of profits or interruption to business or other indirect economic or other consequential loss suffered by you or any third party in connection with the use of the Website;
5.4 you indemnify us against all Liabilities which we may incur and release us from any Claim relating to your use of the Website.
6.1 We are committed to protecting your privacy. We collect personal information to provide and market our services, to market our members’ products and services, and to communicate with our members and contacts. We may disclose that information to our contractors who assist us with these activities. We may disclose personal information to overseas recipients where required as part of providing our services in respect of a particular matter, where required or authorised by law or where consent to such disclosure is given by the relevant individual.
7. INTELLECTUAL PROPERTY
7.1 Except as expressly provided in this clause, you acquire no Intellectual Property Rights in using the Website.
7.2 We grant you a non exclusive non transferrable royalty free licence to print, download, copy and reproduce material from the Website for your own use, provided that you do not modify such material without our consent.
7.3 The licence in clause 7.2 terminates automatically and without the requirement for notice in the event you breach any of your obligations under these Terms and Conditions.
7.4 Copyright and other Intellectual Property Rights in all material on the Website and underlying software codes and programs are held by us or licensed by us. Subject to the limited licence in clause 7.2, other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and equivalent legislation which applies in your location, you may not in any form or by any means:
7.4.1 display, perform, reverse engineer, modify, adapt, copy, reproduce, transmit, disseminate or publish such material or create derivative works from such material;
7.4.2 commercialise any information, products or services obtained from any part of the material without our consent or, in the case of third party material, the consent of the owner of the copyright in that material.
7.6 By posting or sending material to or from the Website or otherwise providing material to us, you grant us an irrevocable, perpetual non-exclusive royalty free license to download, print, display, perform, reverse engineer, modify, adapt copy, reproduce, transmit, disseminate and publish such material and to create derivative works from any part of such material for any purpose and to grant sublicenses of the same.
7.7 You must notify us as soon as practicably possible, in the event you believe that any material on the Website or any material provided by Other Users constitutes an infringement of any Intellectual Property Rights and provide us with details and supporting evidence as we may reasonably request.
8. RESERVATION OF RIGHTS
8.1 We reserve the right to remove any material on the Website at any time.
8.2 We reserve the right to carry out our own investigations by various means for the purposes of verifying any information which you provide to us or send or post to or from the Website and you consent to us carrying out such investigations. However, we make no warranties or representations about the conduct of such enquiries and will not be responsible to you for any information incorrectly verified.
9. YOUR BREACH
9.1 You indemnify us against all Liabilities which we may incur in respect of your breach of these Terms and Conditions.
9.2 Any breach or threatened breach of these Terms and Conditions entitles us to apply for and obtain injunctive relief in any court of competent jurisdiction in addition to all other available remedies.
10. CONTACT US
Please do not hesitate to send us any queries, comments or requests for information you may have regarding these Terms and Conditions. Please go to: www.foodsa.com.au/contact/.
11.1 These Terms and Conditions cover the entire agreement and understanding between you and us with respect to your use of the Website and supersede any prior agreement or understanding.
11.2 If there is any conflict between anything in these Terms and Conditions and anything else in the Website, these Terms and Conditions prevail.
11.3 If we waive any rights available to us under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
11.4 If any of these Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining Terms and Conditions shall nevertheless continue in full force.
11.5 Any indemnity or release in these Terms and Conditions survives termination of access to or closure of the Website. Any other provision in these Terms and Conditions intended to do so, survives the suspension or termination of access to or closure of the Website.
11.6 The validity and interpretation of these Terms and Conditions are governed by the laws of South Australia. Any dispute in connection with these Terms and Conditions is subject to the exclusive jurisdiction of the courts of South Australia.
In these Terms and Conditions unless the context otherwise requires:
12.1 Australian Consumer Law means the law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
12.2 Claim means any claim, demand, action or cause of action, whether in contract, tort, equity or under statute, and any loss, cost, expense or Liability arising from or in connection with such claim, demand, action or cause of action.
12.3 Food South Australia, our, we, and us refers to Food South Australia Incorporated ABN 59 235 570.
12.4 Intellectual Property and Intellectual Property Rights includes property and rights in connection with copyright (including future copyright and rights in the nature of or analogous to copyright), know-how, trade mark, service mark, design, inventions (including patents), semi-conductor or circuit layout rights, trade, business or company names, or other proprietary rights, or any rights to registration of such rights (including all renewals and extensions).
12.5 Liabilities means liabilities, losses, damages, actions, causes of action, arbitrations, claims, orders, judgments, outgoings, costs (including legal costs calculated on a solicitor and own client basis) and expenses, whether present or future, actual or contingent.
12.6 Other Users means a third party using the Website.
12.7 Personal Information means any information which may be used to personally identify an individual.
12.8 Website means the website at www.safoodawards.com.au and includes all information, tools and other material posted or accessible from that website.
12.9 you, your and yourself refers to any person viewing or using the Website, including any links from the Website, either wholly or in part and includes a person whose credit/debit card is used in conjunction with the use of the Website.
In these Terms and Conditions unless the context otherwise requires:
13.1 headings do not affect interpretation;
13.2 singular includes plural and plural includes singular;
13.3 words of one gender include any gender;
13.4 a reference to a party includes its executors, administrators, successors and permitted assigns;
13.5 a reference to a person includes a partnership, corporation, association, government body and any other entity;
13.6 a provision is not to be construed against us only because we prepared it.