The Heritage Brands website, www.heritagebrands.com.au, (the Site) is owned and operated by Heritage Brands (Australia) Pty Ltd (ACN 111 665 439) of 30 Bando Road, Springvale, Victoria, 3171, Australia (‘Heritage Brands’). In this document ‘you’ refers to a user of the Site.
By accessing, browsing or using the Site, you agree to these terms and conditions as amended from time to time and acknowledge and agree that you have read and understood this document. By downloading any material on the Site you expressly agree to be bound by this document.
The content of the Site is provided for information purposes only. Heritage Brands has made all reasonable efforts to ensure that the information contained on the Site is accurate.
You are responsible for assessing the accuracy, reliability and suitability of the information on or accessible through the Site (including any linked web sites) and accept all risks of loss, damage, costs and other expenses resulting from using the Site or any information or material on or accessible through the Site (including any linked web sites).
This document is not intended to limit or exclude any liability on Heritage Brands’ part, where and to the extent that applicable law prohibits the exclusion or limitation.
GENERAL COMPLIANCE WITH LAWS
You agree that you will only use the Site for lawful purposes.
You must comply with all laws, statutes, ordinances and regulations which apply to you in relation to your use of the Site.
RESTRICTIONS ON USE
When accessing or using the Site you must not:
YOUR PERSONAL INFORMATION
While using the Site you may be given the opportunity to send e-mails to Heritage Brands or enter or provide information or material (‘Content’). Any and all Content provided by you in connection with your use of the Site must be true and accurate. You must not misrepresent your identity or affiliation with any person or entity. You acknowledge that Heritage Brands may monitor the Site and take any action with respect to your Content as deemed reasonably necessary by Heritage Brands.
You agree that you will not provide personal information about another person to Heritage Brands unless:
ACKNOWLEDGEMENT OF RISK
The world wide web exists across open public networks that may not be secure or private. You acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties.
You must not establish links on any other site to the www.heritagebrands.com.au URL or any other part or parts of the Site without Heritage Brands’ prior written consent. Heritage Brands may withhold its written consent at its discretion.
If you would like to link to the Site, or be linked from the Site, please contact the Marketing Manager, Heritage Brands, 30 Bando Road, Springvale, VIC, 3171 and request to be signed up to our standard Linking Agreement.
All intellectual property in the Site, including its text, images, graphics, trade marks (whether registered or not), advertisements, arrangement and software on the Site (including where included in advertisements) is owned by Heritage Brands unless indicated otherwise.
The content of the Site may be viewed online by you and may be reproduced in hard copy only for your own personal, non-commercial and non-public use. You must not modify, copy, reproduce, republish, frame, distribute or otherwise communicate any text, images or software other than as expressly provided in these terms and conditions or by the Copyright Act 1968 (Commonwealth).
LIMITATION OF LIABILITY
You use any information provided on the Site, and any other linked to it, at your own risk. All information is provided ‘as is’ without any express warranties of any kind. Except for liability under the Trade Practices Act 1974 (Commonwealth) and any other legislation dealing with similar issues, Heritage Brands expressly disclaims any warranties or representations as to the accuracy or completeness of the contents of the Site, and expressly disclaims any implied warranties of merchantability or fitness for a particular purpose; and Heritage Brands will not be liable for loss or damages of any kind, including direct, indirect, consequential or special damages, lost profits, lost data, or loss of management time which may arise out of, or result from, reliance on or use of this information, whether or not caused by any negligent act or omission.
To the extent that Heritage Brands is able to limit the remedies available, this document expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (at Heritage Brands’ option):
You must continually indemnify Heritage Brands against any action, liability, claim, loss, damage, proceeding, expense and cost (including legal costs) (‘Claim’) suffered or incurred by Heritage Brands arising from, or which is directly or indirectly, related to your:
This includes all Claims arising from any information which you provide to Heritage Brands in connection with your use of the Site. In relation to a Claim, Heritage Brands may require you to conduct the defence, at your cost, including negotiations for settlement or compromise prior to the institution of legal proceedings. You must comply with any requirement notified to you in accordance with this clause.
These terms and conditions are to be governed by and construed in accordance with the laws of the State of Victoria, Australia. All users of the Site irrevocably submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia.
The provisions of this document are severable and if any provision of this document is held to be illegal, invalid or unenforceable, that provision or part is to be treated as removed from this document, but the rest of this document is not affected.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Heritage Brands’ failure to act with respect to a breach of this document by you or by others does not waive its right to act with respect to subsequent or similar breaches.
This document may not be construed adversely to Heritage Brands solely because Heritage Brands prepared it.
If you do not accept these terms and conditions then you must not use the Site