Terms & Conditions

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InSeason Rewards Terms and Conditions

Effective: 1 February 2021

Note: The Countrywide InSeason Rewards Program commenced on 1 February 2021 as the successor to the Countrywide CW Signature Rewards Program. Points earned under the CW Signature Rewards Program on or before 31 December 2020 (Signature Rewards Points) may be redeemed until 28 February 2021 in accordance with the Signature Rewards Program terms and conditions available at: https://2019.cwsigrewards.com.au/terms. Signature Rewards Points that are unused after 28 February 2021 will expire and will not be able to be used or redeemed in any circumstances, including under the InSeason Rewards Program.

  1. Introduction

    1. These Terms and Conditions apply to the InSeason Rewards Program and are effective from the date specified above (“Effective Date”). Countrywide provides the InSeason Rewards Program on and subject to these Terms and Conditions.
    2. Subject to Section 2.5, participation in the InSeason Rewards Program is open to all customers of Participating Countrywide Distributors.
    3. These Terms and Conditions set out important rights and obligations of customers of Participating Countrywide Distributors that participate in the InSeason Rewards Program.
    4. Further details about the InSeason Rewards Program, including about earning and redeeming Award Points, are available on the InSeason Rewards Site.
  2. Participating in the InSeason Rewards Program

    1. Customers of Participating Countrywide Distributors may apply to participate in the InSeason Rewards Program by registering their details on the InSeason Rewards Site (including the details of at least one Distributor Account the customer wishes to include in the InSeason Rewards Program, and including a valid email address for the proposed Account Owner). Each customer that is accepted into the InSeason Rewards Program is a “Registered Customer”.
    2. Without limiting Section 4 (Termination or suspension of participation in the InSeason Rewards Program), and subject to Countrywide’s rights to change the InSeason Rewards Program (including these Terms and Conditions), Registered Customers do not need to re-register or re-join the InSeason Reward Program in order to participate in the InSeason Reward Program for any Earning Periods after the Earning Period during which they became a Registered Customer.
    3. Registered Customers participate in the InSeason Rewards Program with regard to each Distributor Account nominated by the Registered Customer during the registration process described in Section 2.1, and any other Distributor Accounts nominated by the Registered Customer via the InSeason Rewards Site. Each Distributor Account that a Registered Customer has nominated to be included in the InSeason Rewards Program is a referred to as a “Registered Distributor Account”. Each Registered Distributor Account will have a corresponding InSeason Rewards Program account allocated to it for the purposes of the InSeason Rewards Program and earning and redeeming Award Points under the Program (each a “Program Account”) in respect of that Registered Distributor Account. A Program Account is not a Distributor Account through which purchases are made – a Program Account is an InSeason Rewards Program account only for earning and redeeming Award Points under the Program for the applicable Registered Distributor Account.
    4. Each Program Account must have an Account Owner registered and linked to it. A Program Account cannot be linked to more than one Account Owner, but multiple Program Accounts can be linked to the same Account Owner. All Program Accounts that are linked to a single Account Owner are collectively a “Program Account Group”.
    5. Countrywide may accept or reject any application to participate in the InSeason Rewards Program in its sole discretion. Without limiting the foregoing, unless otherwise determined by Countrywide in its sole discretion, the following entities and their employees are not eligible to participate in the InSeason Rewards Program:
      1. Countrywide distributors,
      2. competitors of Countrywide or of Countrywide distributors,
      3. suppliers to Countrywide or Countrywide distributors, or
      4. government customers or national contract customers of Countrywide or Countrywide distributors.
    6. Without limiting Section 2.5, Countrywide distributors cannot apply to participate, or participate (e.g., by administering a Program Account or by redeeming Award Points), in the InSeason Rewards Program on behalf of any of their customers.
    7. Registered Customers must notify Countrywide as soon as possible after they become aware of any unauthorised access to a Program Account. Registered Customers are liable for all unauthorised access to a Program Account until Countrywide (or the Program Administrator) is notified of such unauthorised access.
    8. By applying to join the InSeason Rewards Program, or by participating in the InSeason Rewards Program (including by earning or redeeming Award Points), each Registered Customer:
      1. agrees to be bound by these Terms and Conditions, including any changes to these Terms and Conditions under Section 12, and
      2. represents and warrants that it is authorised to participate in the InSeason Rewards Program, and that such participation will not cause the Registered Customer to breach any applicable laws or any contractual obligation of the Registered Customer.
    9. In order for a Registered Customer to participate in the InSeason Rewards Program (including earning and redeeming Award Points), the Program registration details for the Registered Customer must include a valid email address for the Account Owner.
  3. Account Owners, Account Administrators, and Account Users

    1. Registered Customers will have online access to their Program Accounts at the InSeason Rewards Site, and may allow Account Owners, Account Administrators, and Account Users to administer and/or access a Program Account as described on the InSeason Rewards Site.
    2. Before an Account Owner, Account Administrator, or Account User can access a Program Account, they must first register their details (including a valid email address) on the InSeason Rewards Site. In addition, in order to administer and/or access a Program Account as described on the InSeason Rewards Site, each Account Owner, Account Administrator, and Account User must have and maintain a valid email address as part of his/her registered details.
    3. By registering to access Program Accounts, or by administering or accessing a Program Account, each Account Owner, Account Administrator, and Account User:
      1. agrees to be bound by these Terms and Conditions, including any changes to these Terms and Conditions under Section 12,
      2. represents and warrants that they are authorised to bind and represent the applicable Registered Customer in relation to the instructions they provide with respect to a Program Account, and
      3. acknowledges that they have no right to Award Points in a Program Account.
    4. Registered Customers acknowledge that Countrywide will act on the instructions provided by Account Owners, Account Administrators, and Account Users with regard to a Program Account.
  4. Termination or suspension of participation in the InSeason Rewards Program

    1. Registered Customers, Account Owners, Account Administrators, and Account Users must not:
      1. breach the law (and Account Owners, Account Administrators, and Account Users must not cause a Registered Customer to breach the law),
      2. supply false or misleading information, or make any misrepresentation to Countrywide or Countrywide distributors,
      3. act in an abusive or offensive manner to any staff of Countrywide or Countrywide Distributors, or
      4. otherwise breach these Terms and Conditions, or cause a breach of these Terms and Conditions.
    2. Registered Customers must pay undisputed amounts owed to Countrywide distributors under Registered Distributor Accounts by the applicable due date for payment.
    3. If a Registered Customer or their Account Owner, Account Administrator, or Account User has breached these Terms and Conditions, or Countrywide becomes aware or is notified that a Registered Customer has not paid any undisputed amounts owed to Countrywide distributors under Registered Distributor Accounts by the applicable due date for payment, Countrywide may do any one or more of the following in the event:
      1. suspend the operation of one or more of the Registered Customer’s Program Accounts,
      2. suspend the ability of the Registered Customer to earn Award Points,
      3. suspend the ability of the Registered Customer to redeem Award Points,
      4. limit the selection of rewards available to the Registered Customer,
      5. reverse or cancel Award Points awarded to the Registered Customer, or
      6. terminate the participation of the Registered Customer in the InSeason Rewards Program. Termination will result in all Award Points accumulated by the Registered Customer being immediately cancelled and unable to be redeemed.
    4. Subject to Section 6.3, Countrywide will notify a Registered Customer when Countrywide takes any of the actions described above and, if requested by the Registered Customer, will provide reasonable details of the reason for that action.
    5. Registered Customers may cancel their participation in the InSeason Rewards Program for one or more Program Accounts on written notice to Countrywide. Upon receipt of such request, Countrywide will close the relevant Program Account(s) and all Award Points in the relevant Program Account(s) will be cancelled and will be unable to be redeemed.
  5. Earning Award Points

    1. Registered Customers may earn Award Points (including bonus Award Points arising from promotional offers by Countrywide or its partners) on purchases of eligible products from Participating Countrywide Distributors through Registered Distributor Accounts from the beginning of the calendar month in which the applicable Registered Distributor Account was included in the InSeason Rewards Program under Section 2.3.
    2. Eligible products and the rates and terms and conditions on which Award Points are earned on eligible products are described in the Countrywide online product catalogue on the InSeason Rewards Site from time to time and are subject to change. As at the Effective Date, and subject to Section 6, Award Points (excluding bonus Award Points) are earned at a rate of 1 Award Point per A$1 (excluding GST) paid by Registered Customers for purchases of eligible products through a Registered Distributor Account.
    3. Award Points will be credited to each Program Account as soon as practicable after the relevant Participating Countrywide Distributor has supplied Countrywide with details of eligible purchases. Award Points will be credited to Program Accounts based on the data provided by the Participating Countrywide Distributors to Countrywide or the Program Administrator. Countrywide is not liable or responsible for any late or incomplete data provided by a Participating Countrywide Distributor or any error in the allocation or crediting of Award Points arising from any error or fault or misdescription in that data.
    4. Registered Customers are responsible for monitoring the balance of Award Points in their Program Accounts and must notify Countrywide of any error or inaccuracy within 6 months after the date of the relevant transaction. Countrywide will investigate the error or inaccuracy, which may include directing the Registered Customer to contact the applicable Participating Countrywide Distributor.
    5. Except as described in Section 10 (Pooling) and Section 11 (Transfers), Award Points are not transferable. Further, Award Points are not money and cannot be converted to or exchanged for money.
  6. Earning Award Points – exclusions

    1. Award Points are not earned:
      1. on purchases of eligible products made by Registered Customers:
        1. during the month of January in each year of the InSeason Rewards Program, or
        2. that have been cancelled, reversed, or returned, or
      2. on the amount of any GST paid by Registered Customers for eligible products.
    2. Award Points are also not earned on purchases of eligible products made by Registered Customers through a Registered Distributor Account during any period that Countrywide becomes aware or is notified that the Registered Customer has not paid any undisputed amounts owed on that Registered Distributor Account by the applicable due date for payment.
    3. Without limiting Section 4.3, Countrywide may deduct Award Points from a Program Account that relate to purchases of eligible products described in this Section 6, or that have been otherwise credited to that Program Account in error. For clarity, Section 4.4 does not apply where Countrywide decides to deduct Award Points under this Section 6.3.
  7. Redeeming Award Points

    1. Award Points can only be redeemed as described in these Terms and Conditions and on the InSeason Rewards Site. Reward items are subject to availability and availability is limited.
    2. Award Points redeemed for rewards will be deducted from the applicable Program Account on a first-in first-out basis (that is, the Award Points first credited to the Program Account will be deducted first).
    3. Registered Customers must ensure that reward items received upon redemption of Award Points are used and applied in accordance with all applicable laws. Countrywide is not liable for and takes no responsibility for the use or application by Registered Customers (or Account Owners or Account Administrators) of any such rewards.
    4. Rewards may be subject to additional terms and conditions that will be notified to Registered Customers prior to finalising the applicable redemption request.
  8. Activity Statements

    1. Registered Customers and their Account Owners and Account Administrators, may view and print statements showing details of Award Points earned and redeemed under a Program Account on the InSeason Rewards Site. No paper statements will be issued by Countrywide.
  9. Expiry of Award Points

    1. Award Points will expire at the end of the 12th calendar month following the month in which they were first credited. The date Award Points were first credited refers to the date on which the points were first credited after being earned in respect of the purchase of eligible products. Transfers of Award Points to another Program Account (including under any pooling arrangement) does not change the date those Award Points were first credited.
    2. Award Points cannot be reinstated after they have expired.
  10. Pooling of Award Points

    1. Award Points earned under a Program Account can be pooled into another Program Account within the same Program Account Group subject to the following:
      1. the Account Owner of the Program Account Group must, on the InSeason Rewards Site, designate one Program Account to be the “Primary Program Account” (being the Program Account to which Award Points will be transferred under the pooling arrangement) and one or more Program Accounts to be “Sub Program Accounts” (being the Program Account from which Award Points will be transferred to the applicable Primary Program Account),
      2. any existing Award Points under Sub Program Accounts will be automatically transferred to the applicable Primary Program Account,
      3. all future Award Points earned under Sub Program Accounts will be automatically credited to the applicable Primary Program Account,
      4. Award Points cannot otherwise be redeemed or transferred from Sub Program Accounts,
      5. Award Points can only be pooled from and to Program Accounts that:
        1. are in the same Program Account Group, and
        2. are allocated to Registered Distributor Accounts with the same Participating Countrywide Distributor,
      6. a Program Account cannot be a Primary Program Account and a Sub Program Account at the same time,
      7. the Account Owner can remove a Program Account from the pooling arrangement under a Program Account Group at any time via the InSeason Rewards Site, and
      8. no payment or other consideration may be paid or received in respect of the transfer or pooling of Award Points under this Section 10.
  11. Transfers of Award Points

    1. Award Points earned under a Program Account can be pooled into another Program Account within the same Program Account Group subject to the following:
      1. each transfer must be for the entire number of Award Points in the transferring Program Account,
      2. after Award Points have been transferred, the transfer cannot be reversed or cancelled,
      3. Award Points can only be transferred from and to Program Accounts that:
        1. are in the same Program Account Group, and
        2. are allocated to Registered Distributor Accounts with the same Participating Countrywide Distributor, and
      4. no payment or other consideration may be paid or received in respect of the transfer of Award Points under this Section 11.
  12. Changes to the InSeason Rewards Program

    1. Countrywide may change the InSeason Rewards Program (including these Terms and Conditions) in its sole discretion at any time.
    2. Without limiting Section 12.1, Registered Customers acknowledge that Countrywide intends to conduct annual reviews of the scope of eligible products and rewards in the InSeason Rewards Program, and the rates at which Award Points may be earned and redeemed, prior to the commencement of each Earning Period. Any changes to the InSeason Rewards Program following the annual review will be notified to Registered Customers on or prior to commencement of the Earning Period in the relevant year.
    3. Countrywide will give notice of any change to these Terms and Conditions by posting a revised version on the InSeason Rewards Site. Except for changes to the scope of eligible products resulting from the annual review described in Section 12.2, Countrywide will use reasonable efforts to provide at least 30 days’ notice of changes to the InSeason Rewards Program (including to these Terms and Conditions) that may materially adversely impact Registered Customers.
    4. By accepting the changed Terms and Conditions on the InSeason Rewards Site, or by continuing to participate in the InSeason Rewards Program after the effective date of changes to these Terms and Conditions (e.g., by continuing as a Registered Customer, by accessing a Program Account, or by earning or redeeming Award Points), or by any Account Owner, Account Administrator or Account User doing so on behalf of the Registered Customer, Registered Customers agree to be bound by the changed Terms and Conditions.
  13. Termination or suspension of the InSeason Rewards Program

    1. Countrywide may terminate or suspend the InSeason Rewards Program at any time on notice to Registered Customers. Countrywide will use reasonable efforts to provide at least 3 months’ notice of such termination or suspension.
    2. Countrywide will use reasonable efforts to ensure that Registered Customers can continue to redeem Award Points in accordance with these Terms and Conditions during the notice period referred to in Section 13.1
  14. Program information, Personal Information and other information

    1. Countrywide collects information provided by Registered Customers and their respective Account Owners, Account Administrators, and Account Users in applications to participate in the InSeason Rewards Program, registrations to access Program Accounts, and through participation in the InSeason Rewards Program (including through the earning and redeeming of Award Points). Countrywide also collects other information about Registered Customers and their respective Account Owners, Account Administrators, and Account Users, including (a) information from Participating Countrywide Distributors about Registered Distributor Accounts and purchases of eligible products, and (b) other information as described in the Countrywide Privacy Policy.
    2. Registered Customers, Account Owners, Account Administrators, and Account Users each consent to the collection, use, storage, and disclosure of the information described in Section 14.1 for the following purposes:
      1. to administer the InSeason Rewards Program,
      2. to provide goods, services, or benefits (including rewards) to Registered Customers,
      3. to conduct market research,
      4. to provide marketing (including direct marketing) to Registered Customers and their Account Owners, Account Administrators, and Account Users, and
      5. as otherwise described in the Countrywide Privacy Policy.
    3. Registered Customers, Account Owners, Account Administrators, and Account Users can adjust their marketing preferences on the InSeason Rewards Site.
  15. Tax

    1. There may be tax consequences of a Registered Customer’s participation in the InSeason Rewards Program, including spend on eligible products, Award Points earned or redeemed, Award Points pooled or transferred, making rewards or benefits available to employees or third parties or any other transaction related to the InSeason Rewards Program.
    2. Countrywide recommends that Registered Customers and any recipients of rewards under the InSeason Rewards Program obtain tax advice in relation to any tax consequences (for example, fringe benefits tax) of their participation in the InSeason Rewards Program.
    3. Registered Customers are solely responsible for any tax imposed by law in respect of the InSeason Rewards Program, or the Registered Customers’ participation in the InSeason Rewards Program, and will indemnify Countrywide against any loss or claim arising out of or in connection with any such taxes (including, but not limited to, tax liability (e.g., fringe benefits tax) that arises from a Registered Customer making rewards available to employees or third parties).
  16. Liability

    1. Nothing in these Terms and Conditions is intended to exclude any laws or rights that cannot be excluded, including rights under the Competition and Consumer Act 2010 (Cth).
    2. Subject to Section 16.1, Countrywide and its officers, employees, agents, contractors, and representatives are not liable for any loss or claim of any kind arising under or in connection with these Terms and Conditions or the InSeason Rewards Program. Subject to Section 16.1, any liability that cannot be excluded will be limited to:
      1. the cost of re-supplying the goods or services, or repairing, or paying the costs of repairing, the goods,
      2. reinstating or crediting the number of Award Points in dispute, or
      3. where the dispute or claim relates to a reward, reinstating or crediting the number of Award Points redeemed for that reward.
  17. General

    1. These Terms and Conditions and participation in the InSeason Rewards Program are governed by the laws of the State of New South Wales, Australia, and each party submits to the non-exclusive jurisdiction of courts in that State.
    2. If any provision of these Terms and Conditions or its application to any person or circumstance is or becomes invalid, illegal or unenforceable, then the provision will so far as possible be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable. If any provision or part of it cannot be so read down, then the provision or relevant part of it will be deemed to be void and severable and the remaining provisions of these Terms and Conditions will not be affected or impaired in any way.
    3. Notices and other communications (collectively “Notices”) provided by Countrywide (or the Program Administrator) to a Registered Customer, Account Owner, Account Administrator or Account User (each a “Recipient”) may be provided by email (to the Recipient’s Registered Email address), by posting on the InSeason Rewards Site or by any other form of communication as determined by Countrywide in its discretion. A Recipient will be taken to have received any such Notice upon Countrywide (or the Program Administrator) sending such Notice to the Recipient’s Registered Email address or posting it on the InSeason Rewards Site.
    4. Countrywide accepts no responsibility for any lost, stolen or misdirected Notice or any delay in receiving or non-receipt of any such Notice arising as a result of (a) any Registered Email address or any other Recipient contact details held in the Recipient’s Program registration details being invalid or incorrect, and/or (b) the email systems of the Recipient malfunctioning. It is the responsibility of each Recipient to ensure that its Registered Email address and any other contact details held in its Program registration details are valid, correct and up to date.
    5. Any failure or delay by Countrywide in exercising its rights under these Terms and Conditions does not constitute a waiver of those rights.
    6. These Terms and Conditions and the InSeason Rewards Program do not apply to any points earned by customers of Countrywide distributors on or before 31 December 2020 (including under the CW Signature Rewards Program).
  18. Contact details

    1. Please contact Program customer support if you have any questions regarding the InSeason Rewards Program or these Terms and Conditions:

      Email: rewardssupport@whatsinseason.com.au
  19. Definitions

    Account Administrator means an individual who is authorised by a Registered Customer or Account Owner to access a Program Account. Account Administrators may access and administer Program Accounts as described on the InSeason Rewards Site.

    Account Owner means an individual who is authorised to represent and bind a Registered Customer and who is responsible for managing the Registered Customer’s participation in the InSeason Rewards Program. Account Owners may access and administer Program Accounts as described on the InSeason Rewards Site.

    Account User means an individual who is authorised by a Registered Customer, Account Owner, or Account Administrator to access a Program Account. Account Users may access Program Accounts as described on the InSeason Rewards Site.

    Award Points means points in the InSeason Rewards Program that are credited to Program Accounts under these Terms and Conditions.

    Countrywide means Countrywide Australasia Limited, Level 1, 87 Marsden Street, Parramatta, NSW, 2150.

    Countrywide Privacy Policy means the Countrywide Privacy Policy available at www.countrywide.net.au/policies

    Distributor Account is an account through which customers of Participating Countrywide Distributors purchase products from the applicable distributor.

    Earning Period means 1 February to 31 December (inclusive) in each year.

    Effective Date is defined in Section 1.1.

    GST means any goods and services tax, value added tax or sales tax imposed on the sale or supply of goods, services and rights including but not limited to a tax imposed by the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and its associated legislation.

    InSeason Rewards Program (or the Program) means the customer loyalty program provided by Countrywide under these Terms and Conditions.

    InSeason Rewards Site means the website related to the InSeason Rewards Program, currently located at www.whatsinseason.com.au.

    Notices is defined in Section 17.3.

    Participating Countrywide Distributor means a distributor that is a Countrywide member and participates in the InSeason Rewards Program. A list of Participating Countrywide Distributors is available on the InSeason Rewards Site and may be updated from time to time.

    Primary Program Account is defined in Section 10.1(a).

    Program Account is defined in Section 2.3.

    Program Account Group is defined in Section 2.4.

    Program Administrator means a third party appointed by Countrywide to administer certain aspects of the InSeason Rewards Program on behalf of Countrywide.

    Recipient is defined in Section 17.3.

    Registered Customer is defined in Section 2.1.

    Registered Distributor Account is defined in Section 2.3.

    Registered Email address means the email address held in the Program registration details for the Registered Customer, Account Owner, Account Administrator or Account User (as the case may be).

    Sub Program Account is defined in Section 10.1(a).

Terms of Use

Introduction

This website and its contents (“the Website”) is owned by Countrywide Food Service Distributors ABN 34 068 162 676 of Level 1, 87 Marsden Street, Parramatta, NSW, 2150 (“the Operator”). The Operator can be contacted through the details available on the “Contact Us” link on the website.

By accessing or using the Website, you agree to accept and comply with the terms, conditions, notices and disclaimers contained in these terms and conditions, and elsewhere on the Website (known collectively as “Terms and Conditions”).

The Operator reserves the right to amend these Terms and Conditions at any time without notice. We therefore encourage you to check this document regularly. Applicable Law The Terms and Conditions are governed by and are to be construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia. In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms and Conditions will remain in full force and effect.

The Operator makes no representation that the content of the Website complies with the laws of any country outside Australia. All rights not expressly granted herein are reserved.

Privacy

The Operator is committed to protecting your privacy. The Privacy Policy of the Operator is available on the “Privacy Policy” link on the Website. Links to Third Party Sites and Third Party Advertisements The Operator assumes no responsibility and accepts no liability for the condition or content of third party websites that may be linked to or accessed from the Website.

Except as the Operator may specifically direct otherwise, the Operator does not authorise the content of those third party websites. The Website may also contain third party advertisements which contain embedded hyper-links to websites operated by third parties. The placement of third party advertisements on this Website does not necessarily constitute the recommendation or endorsement of the Operator for such goods or services. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase from those third parties.

Competitions and Promotions

Certain parts of the Website may contain competitions, offers, programs or promotions from the Operator or third parties. The terms and conditions for those competitions, offers, programs and promotions will be specified on the relevant part of the Website from time to time. By entering or participating in the relevant competition, program, offer or promotion, you agree to be bound by the relevant terms and conditions.

Notwithstanding any specific terms and conditions, the Operator specifically retains the rights, at any time and without notice, to remove, alter or add to competitions or promotions on the Website, without any liability to you.

Disclaimer and liability

This Website is provided on an “as is” basis. While the Operator has used its reasonable endeavours to ensure that the information contained on and accessed through the Website is correct and current at the time of publication, the Operator does not accept responsibility for any error, omission or defect in the information. To the fullest extent permissible by law, the Operator, its affiliated companies and their directors, employees, agents and contractors:

  1. Do not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the Website, your access to the Website or results of your access, or the information, content, materials or products on the Website; and
  2. Do not warrant that the functions on the Website will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits content to you is free of viruses or other harmful components.

Subject to any non-excludable liability for breach of conditions, guarantees or warranties implied by legislation and to the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of the Operator, its affiliated companies or their directors, employees, agents and contractors) will the Operators, its affiliated companies or their directors, employees, agents or contractors accept liability for any indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access or any inability to use or access, the Website or arising out of or in connection with any goods or services supplied by the Operator via the Website.

The Operator’s liability for breach of any implied guarantee, warranty or condition, which cannot be excluded is limited at the option of the Operator to the following:

  1. in the case of services, the supply of the services again or the payment of the cost of having the services supplied again;
  2. in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired.

Indemnity

You agree to indemnify and keep indemnified the Operator, its affiliated companies and their officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to the your use of the Website (or any part of it) or the violation of these Terms and Conditions by you, or the infringement by you of any intellectual property or other right of any person or entity.

Posting or Transmitting Material via the Website

You shall not post or transmit through the Website any defamatory, threatening, obscene, harmful, pornographic or other material which would violate or infringe in any way upon the rights of others, or which would give rise to criminal or civil liability and/or violate any relevant law or regulation. You shall not upload, post or otherwise make available on the Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right.

Notwithstanding the above, you hereby waive any and all rights to any stories, ideas, drawings, opinions, and any other creative “materials” posted to the Website. You authorise the Operator to utilise, in any manner it sees fit and for eternity, the materials posted on the Website, which shall become the property of the Operator.

Intellectual Property and Restrictions on Use of Content

The Website is subject to copyright under Australian law and under international treaties and the laws of many other countries. The Website contains trademarks, intellectual property and copyright protected works which are owned by the Operator and third parties. Except for the direct purpose of viewing, accessing or interacting with the Website for your own personal use or as otherwise indicated on the Website or these Terms and Conditions, you must not copy, communicate to the public, adapt, transfer, distribute or store any of the contents of the Website or incorporate any part of the Website into another website without the Operator’s express consent.

Termination and Cancellation

The Operator reserves the right, in its sole discretion, to revise the content of, amend links from or withdraw access to the Website, terminate any memberships, cancel orders or not provide goods and services or revise prices at any time without notice. Without limiting the operation of any other Terms and Conditions herein, the Operator will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on the Operator’s liability will survive such termination.

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