Before You register for use the OrganicFood.com.au Website, You must read and agree to this Agreement and the Privacy Statement (together, the “Agreement").
The Agreement sets out the terms on which OrganicFood.com.au ("We", "Us" or "Our") agree to provide the Service to You . We can change the Agreement at any time. We will give You notice of any change by posting the changes at http://www.organicfood.com.au.
By registering for Your OrganicFood.com.au Newsletter or using the Service, You accept and agree to abide by the Agreement. If You do not agree, You must not use the Service.
1. Definitions and interpretation
1.1 Definitions In this Agreement the following expressions have the following meanings:
Brand Features means the copyright, trade marks, domain names, patents and confidential information of OrganicFood.com.au.
Business Day means a day that is not a Saturday, Sunday or any other day which is a public holiday in Sydney, New South Wales.
Products means the list of suppliers displayed on the Service on the OrganicFood.com.au Website.
Privacy Statement means the privacy statement located at the Website.
Service means the provision of information about third party suppliers together with news, general nutrition information, recipes and any other information published on the Website.
Website means the Website located at http://www.organicfood.com.au
You are the person named in Your Account Details.
(a) A reference to a person includes any other entity recognised by law and vice versa.
(b) Headings, underlining, marginal notes and indexes are only included for ease of reference and do not affect interpretation.
(c) A reference to any legislation or legislative provision includes any modifying, consolidating or replacing legislation or legislative provisions from time to time, and includes all regulations, rules and other statutory instruments issued under the legislation.
(d) A reference to a document (including this Agreement) is to that document as varied, novated, ratified or replaced from time to time.
(e) References to parties, clauses, schedules, annexures or exhibits are references to parties, clauses, schedules, annexures or exhibits to this Agreement unless otherwise stated.
(f) References to months and years mean calendar months and years.
(g) Words denoting the singular number include the plural, and vice versa.
(h) Where any word or phrase is given a defined meaning any other grammatical form of that word or phrase has a corresponding meaning.
(i) No rule of construction or interpretation applies to the disadvantage of a party because that party prepared this Agreement.
1.3 Severing any void term If any part of this Agreement is void or unenforceable in any jurisdiction, then for the purposes of that jurisdiction if possible, that part is to be read down so as to be valid and enforceable. If this is not possible, and that part does not go to the essence of this Agreement, that part will be severed from this Agreement and the rest of this Agreement continues to have full force and effect so as to give effect to the intention of the parties.
2.1 We agree to provide the Service to You from the date You accept the Agreement
2.2 We do not warrant the accuracy of information on the Website inclduing information prepared and/or provided by a third party supplier. You should make Your own enquiries regarding the health benefits of organic Products. The information provided on the Website is not a substitute for proper medical advice
2.3 We may at any time and for any reason, terminate the Service or terminate this Agreement
2.4 You acknowledge that We assume no liability and makes no representations impliedly or expressly to assume or contribute in any form towards any costs You may incur through Your use of the Service.
2.5 We reserve the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to do any of the following:
(a) satisfy any applicable law, regulation, legal process or governmental request;
(b) enforce this Agreement, including investigation of breaches or potential breaches of it;
(c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limita tion, the filtering of spam);
(d) respond to user support requests; and
(e) protect the rights, property or safety of Us, Our users and the public.
3. Your obligations
3.1 You must:
(a) ensure that You comply with this Agreement;
(b) ensure the security of Your use of the Service as outlined in the Schedule; and
3.2 You must not do, and You must not authorise or encourage any third party to do, any of the following:
(a) prevent other account holders from using the Service;
(b) use the Service for any illegal, fraudulent or inappropriate purpose;
(c) use the Service in any other way that violates any of the items as described in the list of ‘Prohibited Actions’ outlined in the Schedule;
(d) interfere with or construct Your own system to access the information on the Service; or (e) act in any way that violates this Agreement.
3.3 You acknowledge and agree to each of the following:
(a) the Service may be subject to technical limitations;
(b) the Service may include user-targeted, content-targeted advertisements and/or non targeted advertisements or other related information, as described in the Privacy Statement;
(c) the Service is provided on an AS IS and AS AVAILABLE basis and We make no warranties or guarantees in respect of uptime for the Service;
(d) due to the nature of the Service, We do not promise that it will be continuous, accessible at all times or fault-free; and
(e) We reserve the right to modify, suspend or discontinue any part of the Service with or without notice at any time and without any liability to You.
4. Intellectual Property Rights.
You acknowledge that We own all right, title and interest in and to the Service, including without limitation all intellectual property rights (Our Rights), and Our Rights are protected by intellectual property laws. Accordingly, You must not copy, reproduce, alter, modify, reverse engineer or create derivative works from the Service. You must not use any robot, spider, other automated device, or manual process to monitor any content from, hosted by or that is otherwise available using the Service. Our Rights include rights to the Service developed and provided by Us, all software associated with the Service and the Brand Features. Our Rights do not include third-party content used as part of Service, including the content of third party advertisements or communications appearing on the Service.
As a condition to using the Service, You agree to the terms of the Privacy Statement issued or updated during the term of this Agreement..
6.1 For the purpose of clause 6:
(a) GST means GST within the meaning of the GST Act;
(b) GST Act means “A New Tax System (Goods and Services) Act 1999” (as amended); and
(c) Expressions set out in italics in this clause 7 bear the same meaning as those expressions in the GST Act.
6.2 To the extent that We make a taxable supply in connection with this Agreement, except where express agreement is made to the contrary and subject to clause 6, the consideration payable by You under this Agreement represents the value of the taxable supply for which the payment is to be made.
6.3 Subject to clause 6.4 if We make a taxable supply in connection with this Agreement for a consideration which, under clause 6.1, represents its value, then You must also pay, at the same time and the same manner as the value is otherwise payable, the amount of any GST payable in respect of the taxable supply.
6.4 The recovery of consideration for any taxable supply made under this Agreement is subject to Us issuing to You a tax invoice in respect of that supply.
7. Warranties and indemnity
7.1 You warrant to the best of Your knowledge that the materials and information provided to Us the purposes of providing the Services:
(a) are true, correct and current;
(b) are able to be disclosed by You;
(c) do not infringe the rights of any third party;
(d) are able to be legally provided to Us and its disclosure does not breach any law or any obligation (whether of confidence or otherwise) owed to any person; and
(e) You have all necessary right, power and authority to enter into the Agreement and to perform the acts required of You under the Agreement.
7.2 You acknowledge that You have not relied upon or been induced by any representation by Us and We make no warranty or representation as to:
(a) the results that may be obtained through the Service;
(b) the accuracy, reliability or otherwise of any information obtained through the Service;
(c) the Service being uninterrupted, timely or error free; or
(d) whether Your use of the Service is legal.
7.3 You indemnify and keep indemnified Us and Our officers, employees, agents, subsidiaries and affiliates against all claims (including third party claims), demands, damages, costs (including legal costs), penalties or suits arising out of or consequential upon Your use of the Service and any breach of any warranty or other term of this Agreement.
8. Limitation of Liability
8.1 To the extent permissible by law We exclude any liability:
(a) for any failure of performance, error, omission, interruption, deletion, defect or delay in transmission or operation; or
(b) for any injury, loss or damage arising out of provision of the Services, provided that We do not exclude any such liability if it arises as a result of Our failure to take reasonable steps to guard against and use its best endeavours to immediately rectify any of the matters referred to in this clause 8.1 of which We are aware.
8.2 To the fullest extent permissible at law, We are not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in anyway connected with the provision of or failure to provide the Service, or otherwise arising out of the Service , whether based on contract, negligence, strict liability or otherwise, even if We have been advised of the possibility of damages.
8.3 You expressly agree that use of the Services is at Your own risk. To the extent allowed by law, Our liability for breach of a term implied into this Agreement by any law is excluded.
8.4 We give no warranty in relation to the Service provided or supplied. Under no circumstances are We or any of Our suppliers liable or responsible in any way to You or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues), as a result, direct or indirect of any defect, deficiency or discrepancy in the Service including its form, content and timeliness of delivery, including, without limitation, for and in relation to any of the following:
(a) any Service supplied to You;
(b) any delay in supply of the Service;
(c) any failure to supply the Service;
(d) any technical or non-technical failure; or
(e) any content or information accessed via the Service with or without Your authorisation.
8.5 The Australian Trade Practices Act 1974 implies certain conditions and warranties into the Agreement. To the extent permitted by law those conditions or warranties are expressly excluded.
A failure or delay by Us to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by Us does not preclude its future exercise or the exercise of any other power or right.
10.1 A notice or other communication connected with this Agreement (Notice) has no legal effect unless in writing.
10.2 In addition to any other method of service provided by law, the Notice may be:
(a) sent by prepaid ordinary mail to the address for services of the addressee in the Account Details, if the address is in Australia and the Notice is sent from within Australia;
(b) sent by prepaid airmail to the address for service of the addressee in the Account Details, if the address is outside Australia or if the Notice is sent from outside Australia;
(c) sent by email to the address stated in the Account Details;
(d) sent by facsimile to the facsimile number of the addressee in the Account Details;
(e) delivered to the address for service of the addressee in the Account Details; or
(f) posted at the Website.
10.3 If the Notice is sent or delivered in a manner provided by clause 11.2 it must be treated as given to and received by the party to which it is addressed:
(a) if mailed from within Australia to an address in Australia, on the 2nd Business Day (at the address to which it is mailed) after mailing;
(b) if mailed to an address outside Australia or mailed from outside Australia, on the 5th Business Day (at the address to which it is mailed) after mailing;
(c) if sent by email before 5.00pm on a Business Day at the place of receipt, on the day it is sent and otherwise on the next Business Day at the place of receipt;
(d) if sent by facsimile before 5.00pm on a Business Day at the place of receipt, on the day it is sent and otherwise on the next Business Day at the place of receipt; or
(e) if otherwise delivered before 5.00pm on a Business Day at the place of delivery, upon delivery, and otherwise on the next Business Day at the place of delivery.
10.4 Despite clause 11.3
(a) a facsimile is not treated as given or received unless at the end of the transmission the sender’s facsimile machine issues a report confirming the transmission of the number of pages in the Notice; and
(b) a facsimile is not treated as given or received if it is not received in full and in legible form and the addressee notifies the sender of that fact within 3 hours after the transmission ends or by 12 noon on the Business Day on which it would otherwise be treated as given and received, whichever is later.
10.5 If a Notice is served by a method which is provided by law but is not provided by clause 10.2, and the service takes place after 5.00pm on a Business Day, or on a day that is not a Business Day, it must be treated as taking place on the next Business Day.
10.6 A Notice sent or delivered in a manner provided by clause 10.2 must be treated as validly given to and received by the party to which it is addressed even if:
(a) the addressee has been liquidated or deregistered or is absent from the place at which the Notice is delivered or to which it is sent; or
(b) the Notice is returned unclaimed.
10.7 A party may change its address for service or facsimile number by giving Notice of that change to each other party.
11. Dispute Resolution
All questions or disputes relating to the Service including this Agreement should be submitted to Us in writing. We will endeavour to resolve any disputes expeditiously. All interpretations of this Agreement will be at Our sole discretion.
12. Governing Law
The law in New South Wales governs this Agreement and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
Prohibited Acts In addition to those acts listed in the terms, the following acts are prohibited in using or in connection with the Service:- ·
Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content. ·
Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature. ·
Impersonate another person (via the use of an email address or Account) or otherwise misrepresent Yourself or the source of any email or communication. ·
Use the Website to violate the legal rights (such as rights of privacy and publicity) of others. ·
Promote, encourage or participate in illegal or unlawful activity. ·
Interfere without cause in the reasonable enjoyment by other users of the Service. ·
Engage in false, fraudulent, deceptive or misleading conduct in respect of user identity. ·
Modify, adapt, translate, or reverse engineer any portion of the Service. ·
Remove any copyright, trade mark or other proprietary rights notices contained in or on the Service. ·
Reformat or frame any portion of any Web page that is part of the Service. ·
Create third party software without the permission of OrganicFood.com.au. ·
Misrepresent Us or the Service as being associated with content with another Website, Web service, software service, software or other service without Our prior permission. Security ·
You must promptly notify Us of any actual or suspected breach of security related to the Services, including, but not limited to, unauthorised use of Your password or Your Account. ·