Reclaimfoods.com — Website terms and conditions
1 Introduction
1.1. Thank you for visiting reclaimfoods.com. The following Terms and Conditions (Terms) apply to your use of reclaimfoods.com (Terms).
1.2. By accessing and using reclaimfoods.com you acknowledge that you have read, understood, accept and agree to be bound by these Terms and accordingly you should review them carefully. If you do not accept these Terms, you must not access or use reclaimfoods.com.
1.3. Our Privacy Policy and all other notices and communications we provide through reclaimsfoods.com will form part of and be subject to these Terms. To the extent of any inconsistency or conflict between this information and these Terms, these Terms will prevail.
1.4. We may change these Terms at any time without notice. Please access reclaimfoods.com and review these Terms regularly to ensure you are aware of any changes made. By continuing to use this website, you accept the Terms current at the time you access and use it.
2 Definitions
Application means a method of accessing reclaimfoods.com other than navigating to the Site using a web browser.
Copyright Infringement Claim means a notice to us which includes:
(a) the identification of your copyrighted work which has allegedly been infringed on reclaimfoods.com;
(b) a description of the alleged infringing Content on reclaimfoods.com;
(c) your name, address and contact details so that we may contact you if further investigation of your claim is required; and
(d) declarations that:
(i) you have not at any time granted us permission, either directly or pursuant to these Terms, to use your copyrighted work in relation to reclaimfoods.com;
(ii) and the information provided in the Copyright Infringement Claim is accurate and truthful.
Content means data, information, text, blogs, images, movies, animations and any other digital media whether currently existing or not that may be displayed, delivered through or otherwise embodied in reclaimfoods.com.
Direct Communication means email, SMS, instant message or any other direct electronic communication.
Intellectual property means all present and future rights to trade marks, domain names, logos, patents, inventions, copyrights and all similar rights in any part of the world whether registered or unregistered, which directly or indirectly relate to any information, media or process utilised by or embodied in reclaimfoods.com.
Moral Rights has the same meaning as defined in the Copyright Act 1968 (Cth).
Reclaimfoods.com means the Content, information, features and Services we make available through the Site, Applications or any other online channel, software, devices or networks whether currently existing or developed in the future.
Services means any service offered on reclaimfoods.com.
Site means all web pages located at reclaimfoods.com including all sub-domains and related sites of reclaimfoods.com.
Terms means these website terms and conditions between you and us.
Us, We and Our mean Gourmet Fair Pty Ltd t/as Reclaim Foods ACN 167 337 304 of Level 1, 16 McDougall Street, Milton QLD 4064.
3 Access and use of reclaimfoods.com
3.1. Subject to these Terms, you may access and use reclaimfoods.com at no charge.
3.2. You acknowledge and accept that access to and use of parts of reclaimfoods.com may:
(a) be subject to terms and conditions in addition to these Terms; or
(b) require payment, and the imposition or removal of any access or use restrictions for any part of reclaimfoods.com is at Our sole discretion.
4 Privacy
We are committed to protecting your privacy. Please refer to Our Privacy Policy for further details on how We collect and protect your information.
5 Content
5.1. We derive Content from sources which We believe are accurate and up to date as at the time of publication, however We do not make any representation or warranty as to the currency, reliability, accuracy or completeness of any Content provided via reclaimfoods.com.
5.2. While We use reasonable commercial endeavours to update Content embodied in reclaimfoods.com, you indemnify and release Us from all liability for any claim or loss that directly or indirectly results from your reliance on any Content provided on reclaimfoods.com.
5.3. We may engage third parties to author, design or provide Content for inclusion in reclaimfoods.com. You acknowledge and agree that in relation to all reclaimfoods.com Content contributed by third parties:
(a) any views or opinions expressed in that Content are the views and opinions of that third party and not Ours; and
(b) despite any attribution of authorship or lack thereof, the responsibility and liability for ensuring the accuracy, legality, completeness and currency of Content lies exclusively with the third party who provided it.
6 Communications from Us
All Direct Communications from Us to you will be in accordance with Our Privacy Policy.
7 Intellectual Property
7.1. By accessing and using reclaimfoods.com you acknowledge and agree:
(a) We own all right, title and interest in the Intellectual Property and you will not hinder, impede, invalidate or challenge Our ownership or entitlement to use or register any part of the Intellectual Property in any way, or do any act which may diminish the value of the Intellectual Property;
(b) any use, downloading, copying, adaption, modification, communication or reproduction of any part of reclaimfoods.com or the Intellectual Property is strictly prohibited unless necessary for and incidental to your access and use of reclaimfoods.com; and
(c) you must not otherwise copy, upload, communicate, modify, transmit, reproduce, distribute or in any way exploit any of the Site, the Content or the Intellectual Property or Services.
7.2. Certain software and other content provided or available through reclaimfoods.com may be stated to be subject to special or additional rules or conditions which will form part of these Terms.
7.3. You agree to use the recliamfoods.com for lawful purposes only.
8 Copyright Infringement Claims
8.1. If you genuinely believe that any part of reclaimfoods.com infringes your copyrighted work you must mail a signed Copyright Infringement Claim to:
Attention: Copyright Claims Officer
Reclaim Foods, www.relaimfoods.com
8.2. We will assess your Copyright Infringement Claim in good faith and notify you of any outcome. You agree that Our determination of any Copyright Infringement Claim is final and no correspondence will be entered into.
9 Modifying and terminating reclaimfoods.com
9.1. We reserve the right to modify, update or terminate reclaimfoods.com or any part of reclaimfoods.com at any time and at Our absolute discretion, without notice or liability to you.
9.2. Any change or modification to reclaimfoods.com or these Terms is effective immediately upon them being posted on reclaimfoods.com. If any such change or modification is unacceptable to you, you must not use the Site. If following any such change or modification you continue to use the Site, Services or Content, then you will be deemed to have accepted those changes or modifications.
10 Hyperlinks
10.1. We have no control over and are not responsible for the content of any third-party:
(a) site for which a hyperlink is provided or displayed on reclaimfoods.com;
(b) site framed within reclaimfoods.com; or
(c) advertisements displayed on reclaimfoods.com.
10.2. We expressly disclaim (and do not endorse or verify) the accuracy or reliability of content on third-party websites described in clause 11.1.
10.3. Hyperlinks are provided on reclaimfoods.com for your convenience only and may not be current or operational. Our use or inclusion of a hyperlink on reclaimfoods.com is not an endorsement, approval or recommendation of the linked website or its content.
10.4. We are not responsible for the content or privacy practices associated with third-party websites and accessing these sites you should read their terms, conditions and privacy statements. Your use of or reliance on any third-party website is at your own risk absolutely.
11 Disclaimer
11.1. The use of and your reliance upon reclaimfoods.com is entirely at your own risk.
11.2. All content on reclaimfoods.com is provided as general guidance only and should not be used for any specific purpose or in substitution for specialised independent advice.
11.3. You recognise the limitations of consultations or advice without examination, testing or investigation and never disregard tailored, independent and qualified advice or delay seeking it, because of something you have read on the Site. A website or article can never be a substitute for an independent consultation.
11.4. If you have a question or concern about the appropriateness or application of anything on reclaimfoods.com you must seek advice from a relevantly qualified business consultant.
11.5. We make no representation and give no warranty or undertaking (express or implied) as to the currency, accuracy, completeness, effectiveness or reliability of reclaimfoods.com or Content for any particular purpose or specific business or that reclaimfoods.com can be used in relation to any business in substitution for proper specialised independent advice.
11.6. We disclaim any and all responsibility or liability for any loss, damage, injury or other claim whatsoever for any outcome arising from your reliance upon reclaimfoods.com or reclaimfoods.com’s inability to meet your needs.
11.7. When using reclaimfoods.com information will be transmitted over a medium which may be beyond Our or our suppliers’ jurisdiction or control. Information and files available from reclaimfoods.com cannot be guaranteed to be secure, free from computer viruses or other faults or defects and you should scan and check such data accordingly. We do not warrant and cannot ensure the security of any Content you may transmit to reclaimfoods.com.
11.8. We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of reclaimfoods.com which is beyond Our direct control. For the avoidance of doubt, We do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of reclaimfoods.com.
12 Viruses
12.1. You are responsible to protect your computer from malicious or destructive content and programs such as viruses, worms, trojans, or other faults or defects and to protect your information as you deem appropriate.
13 Liability
13.1. To the fullest extent permitted by law:
(a) all conditions and warranties concerning reclaimfoods.com (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded and in respect of those statutory warranties which can not be excluded for any products or services provided by Us, Our liability to you is limited to the remedies contained in section 68A of the Trade Practices Act 1974 (Cth), which you agree is your only remedy;
(b) in no event will We, Our officers, employees, agents, contractors, licensors, suppliers, or any other third parties mentioned on reclaimfoods.com be liable for any loss, costs or damages (including, without limitation, economic or consequential loss, lost profits or special damages) resulting from the use of or inability to use reclaimfoods.com, whether arising under statute or in contract, tort or any other legal doctrine, and whether or not We are or ought to have been aware of, or advised of the possibility of such loss, costs or damages;
(c) We are not liable to you or to any ‘third party for any personal injury, including death, caused by access to, use or misuse of reclaimfoods.com; and
(d) remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
14 General
14.1. To the extent that any part of these Terms are invalid, unenforceable, illegal, void or voidable for any reason, then these Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty.
14.2. Our waiver of any breach or a failure to enforce or to insist on the observance of a condition of these Terms will not be a waiver of any other or of any subsequent breach.
14.3. We will not be responsible or liable for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any matter beyond its reasonable control including, without limitation, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God.
14.4. These Terms are governed by and construed in accordance with the law of the State of Queensland and the Commonwealth of Australia, and you irrevocably submit to the jurisdiction of the courts of that State and of the Commonwealth of Australia.