This Website is owned, published and managed by Kilcoy Global Foods Australia ACN 009 671 112 (‘our’, ‘us’ or ‘we’).
When you use the Website, you accept and agree to be bound by our Terms and Conditions. Please read them carefully. If you do not agree to these terms and conditions, you should immediately exit the Website.
1. COPYRIGHT NOTICE
All material on the Website is protected by copyright under the Copyright Act 1968 (Cth) and, through international treaties and agreements, under the laws of other countries. Unless expressly stated to the contrary, we own copyright in all the material on the Website.
2. INTELLECTUAL PROPERTY RIGHTS
(a) We own or have a right to use the Intellectual Property Rights in the Website and all of its content. We reserve our rights in it.
(b) Apart from uses expressly permitted by the Copyright Act 1968 (Cth), by any agreement we enter into with you or by these Terms and Conditions, no part of any content may be reproduced, provided to any third party, altered, stored in a retrieval system or transmitted, in any form and by any means, without our written permission.
(c) You agree that:
(i) no title to any Intellectual Property Rights in the Website or its content transfers to you; and
(ii) you do not obtain any rights, express or implied, other than those specifically granted by these Terms and Conditions.
(d) You agree that you will not do anything (including, without limitation, amend, rent, rent out, lend, lease, borrow, loan, sell, distribute, create or generate content or products) that partially or entirely reproduces or exploits the Intellectual Property Rights in any of the content of the Website.
4. TRADE MARKS
(a) This Website includes trade marks. You must not use, reproduce or publish these trade marks except by saving or printing out a copy of any pages from the Website where expressly permitted in these Terms and Conditions. Any use of any of the trade marks without the express written consent of us or the owner of the trade mark (as applicable) is prohibited.
(b) Other registered trade marks may be featured on the Website from time to time and are proprietary to their respective owners and protected by international trade mark or copyright laws. The use of any such trade mark on the Website is not intended to indicate any association with or endorsement by the owner of that trade mark.
5. LIMITED LICENCE
(a) Our Terms and Conditions apply while you use our Website.
(b) We grant you a limited, revocable licence to access and use the Website and its content in accordance with these Terms and Conditions.
(c) You may display, print or download the content of our Website on your computer, PDA, mobile phone or other telephonic device for the purposes of information only.
(d) You cannot use our Website or any part of it for any Commercial Use or for any public display (commercial or non commercial).
(e) We reserve the right to suspend, terminate or otherwise deal with your limited licence in relation to the Website and its content at any time.
6. YOUR USE OF THE WEBSITE
(a) In using our Website you must not:
(i) distribute all or any part of our Website other than as intended or as agreed by us in writing;
(ii) do anything which alters all or any part of the Website, or interferes with or affects its working. This includes removing anything from it, adding anything to it, linking it to or from another Website;
(iii) alter or modify any part of our Website other than as intended or as agreed by us in writing;
(iv) access third party submissions or other content on our Website other than as expressly authorised by us and by way of the web pages provided by us;
(v) use the Website or include, list, upload, post or transmit any information or material in any manner or for any purpose containing Prohibited Content or which is prohibited by these Terms and Conditions; or
(vi) use or launch any automated system, including (without limitation) any offline readers, spiders or robots that access our Website in a way that:
(A) sends a larger number of request messages to our servers or to other users of our Website than can reasonably be produced by a human in the same period using a conventional on-line web browser;
(B) sends spam to any other user;
(C) annoys or harasses any other user;
(D) collects or harvests any personally identifiable information;
(E) stores, permanently downloads or redistributes content from our Website other than as intended or as specifically agreed by us in writing;
(F) circumvents, disables or otherwise interferes with any security-related features of the Website or contains features that prevent, limit or restrict use or copying of any content from our Website;
(G) attempts to decompile or reverse engineer any software contained on the Website; or
(H) transfers the materials to another person or ‘mirror’ the materials on any other server.
(vii) create a link to or from our Website or any part of our Website:
(A) for Commercial Use, without our prior written consent;
(B) to or from a website which contains Prohibited Content; or
(C) to or from a website which infringes third party’s rights (including Intellectual Property Rights).
(b) We may (but are not obliged to) use, alter, update and monitor the content of the Website, at any time and at our sole discretion.
7. THIRD PARTY WEBSITES
(a) This Website may contain links to third party websites. We are not responsible for the condition or the content of those websites as they are not under our control. The presence of links does not amount, expressly or impliedly, to any endorsement of those website(s) or the products or services provided there. Your access to those websites and use of their products and services is solely at your own risk.
(b) When accessing third party websites you should read the terms and conditions applying to the use of those websites.
(c) Without limiting these Terms and Conditions, by using our Website to access third party websites you expressly release and indemnify each of us and our Affiliates from any and all liability arising from your access or use of any third party website.
8. WHAT WE DON’T PROMISE
While we invest in security to protect our Website and the integrity of anything you download from our Website, given the nature of the internet we do not promise you any of the following:
(a) that you will have uninterrupted or error-free access to or use of the Website by any method;
(b) that any loss or damage will not occur as a result of your access to and use of our Website or any information on our Website or accessed from our Website;
(c) that the Website or any files available for downloading will be error-free or free from viruses, faults or defects or that any bugs, viruses, Trojan horses or other corrupting programs will not be transmitted to or through our Website by any third party;
(d) that the content of the Website is accurate, complete or, to the extent permitted at law, suitable for a particular purpose. You must rely on your own judgment;
(e) that there will not be any unauthorised access to or use of our secure servers which may result in your personal or financial information being accessed;
(f) that your internet or mobile service provider will allow you access to the Website. You are responsible for ensuring your service provider will allow you access to the Website and its content and for any costs and service fees associated with the access; or
(g) that your computer, mobile or other hardware devices will allow you access to the Website. You are responsible for ensuring your devices will allow you access to the Website and its content and for any costs and service fees associated with the access.
(a) Care is taken to ensure the accuracy of the information contained on the Website. However, we accept no responsibility for the accuracy or completeness of the information and we do not endorse any opinion or recommendation posted on the Website.
(b) We strongly recommend that you undertake your own investigations before making any decisions concerning your interests, exercise discretion and scepticism and obtain professional advice before relying on any information or posting on the Website. If you rely upon any information or posting, you do so at your own risk.
(c) To the maximum extent permitted by law, we, and our Affiliates disclaim any and all responsibility and liability in respect of our Website and any loss or damage suffered or incurred by a person for any reason, including (without limitation):
(i) using or relying on any of the information provided in or obtained through our Website;
(ii) any of the matters referred to in clauses 6 and 8.
(d) To the maximum extent permitted by law:
(i) the Website and its contents are provided without any representations or warranties of any kind, either express or implied. We disclaim all warranties, express or implied, in connection with our Website and your access to and use of our Website;
(ii) while we take reasonable commercial steps to ensure the completeness, accuracy and currency of information and the integrity of our Website, we do not represent or warrant that the information or facilities accessible via the Website are accurate, complete or current, or that the Website will be free of defects, including, but not limited to, viruses or other harmful elements;
(iii) we exclude every warranty or condition of any kind that might otherwise apply in relation to the Website, its content, its useability, inability to use the Website or the services offered through it; and
(iv) we are not liable, and each of our Affiliates is not liable, for any direct, indirect, incidental, special, punitive or consequential liability, loss (including but not limited to loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, death, personal injury or any loss, damage or expense) you incur or suffer that arises out of your access to, use of or reliance on our Website or our services or any of the content of the Website or your inability to use it. This applies even if we have been informed that the liability, loss, damage or expense will or may result.
10. LIMITATION OF LIABILITY
(a) Without limiting clauses 8, 9 and 11, we have no liability to you unless:
(i) you have given written notice to us within thirty days of the incident or circumstances occurring which gives rise to any alleged claim by you; and
(ii) the claim has been settled or legal proceedings in a court of competent jurisdiction in respect of the claim have been commenced by you against us within one year of the alleged claim being notified to us under clause 10(a)(i).
(b) Notwithstanding any other provision in these Terms and Conditions, if we are liable to you in any way, including in the case of a warranty or liability that the law says we cannot exclude, our liability is limited to AUD $10 (Ten Australian Dollars).
(c) Nothing in these Terms and Conditions affects your statutory rights including those under the Competition and Consumer Act 2010. To the extent of any inconsistency between these Terms and Conditions and your statutory rights under the Competition and Consumer Act, your statutory rights under the Competition and Consumer Act will apply.
(a) Our Website is provided on an ‘as is’ and ‘as available’ basis for information purposes only.
(b) You agree that your access to and use of our Website will be at your sole risk.
(c) You continually indemnify us and our Affiliates against any claim or proceeding that is made, threatened or commenced and against any liability, loss, damage or expense (including legal costs on a full indemnity basis) any of them incurs or suffers, as a direct or indirect result of any of the following:
(i) your use of and access to our Website;
(ii) a breach of these Terms and Conditions;
(iii) a wilful, unlawful or negligent act or omission by you;
(iv) your violation of any third party right or law, including (without limitation) any Intellectual Property Rights, defamation or criminal laws;
(v) a claim that you caused damage to a third party; or
(vi) your use of any information obtained from or through our Website.
(d) The user of the Website assumes all costs arising as a result of the use of the Website.
12. GOVERNING LAW
(a) This Website is controlled and operated by our offices in Queensland, Australia and the Website is and will be deemed to be solely based in Australia.
(b) We make no representation that materials in or facilities or services offered through the Website are available for use in other locations, or that they comply with any legal or regulatory requirements of such other locations. If you choose to access the Website you do so at their own risk and on your own initiative and are responsible for compliance with local laws, to the extent those local laws are applicable.
(c) These Terms and Conditions are governed by and construed in accordance with the laws in force in Queensland and the Commonwealth of Australia. Any dispute under these terms shall be subject to the exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia and, by using the Website, you submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.
(a) We reserve the right to vary these Terms and Conditions from time to time and you should check the Terms and Conditions each time you access the Website. By accessing the Website you agree to be bound by the Terms and applicable at the time of access.
(b) The fact that we fail to do, or delay in doing, something we are entitled to do under these Terms and Conditions, does not amount to a waiver of any obligation of, or breach of obligation by you. A waiver by us is only effective if it is expressly given in writing. A waiver of any provision of these Terms and Conditions will not operate as a waiver of any other provision, or a continuing waiver of the same provision or a similar provision in the future.
(c) If a clause or part of a clause can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from these Terms and Conditions, but the rest of these Terms and Conditions are not affected.
(d) If any court of competent jurisdiction finds any provision of these Terms and Conditions to be void or unenforceable for any reason, that provision will be ineffective to the extent of the court’s finding without affecting the validity and enforceability of any remaining provisions.
(e) These Terms and Conditions represent the entire understanding and agreement between the parties relating to the subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written.
(f) You may not transfer or assign these Terms and Conditions or any rights or licences granted under these Terms and Conditions. We may transfer or assign these Terms and Conditions and your account without restriction or notification.
(g) Clauses 1, 2, 4, 9, 10, 11, 12 and 13 (inclusive) survive termination or expiration of these Terms and Conditions and cessation of your use of our Website for any reason.
‘Affiliates’ means our officers, employees and other personnel, agents, contractors, partners, principals, licensors and service providers.
‘Commercial Use’ includes (without limitation):
(a) sale of access to our Website or our services by way of another website;
(b) using our Website or our services for the purposes of selling goods or services or for advertising goods or services or for obtaining subscription revenue other than as expressly permitted by our Website;
(c) any use of our Website or our services for the purpose of competing with or displacing our Website or services; or
(d) soliciting any users of our Website for any commercial purpose other than as intended.
‘Intellectual Property Rights’ means copyright, trade marks (whether registered or not), patents, patent applications, eligible circuit layouts, moral rights, service marks, trade names, registered designs, unregistered design rights, know how, trade secrets, domain names, internet addresses, rights in confidential information and all and any other intellectual property rights, whether registered or unregistered, and including all applications and rights to apply for any of the same.
‘Prohibited Content’ includes content that:
(a) is abusive, threatening, obscene, vulgar, offensive, defamatory, hateful, discriminatory, unlawful, pornographic, racist, sexually-oriented or otherwise considered by us as inappropriate;
(b) contravenes any applicable laws (including without limitation laws concerning privacy or Intellectual Property Rights); or
(c) infringes the rights of a third party (including without limitation laws concerning Intellectual Property Rights, privacy or personal or proprietary rights)
‘Website’ means www.kilcoyglobalfoods.com and the network of websites owned by us, whether accessed by the internet, WAP or any other means and the text, registration facilities, hyperlinks and the underlying HTML or XML.
‘you’, ‘your’ means the person accessing and using our Website.
15. CONTACT US
If you have any questions not addressed these Terms and Conditions or you become aware of any errors or Prohibited Content, please contact us.