Freeze Dry Industries owns and operates the website located at www.freezedryindustries.com.au and its related applications (Website). By accessing, using and submitting any information via the Website you are agreeing to the following terms and conditions (Terms). If you are agreeing to these Terms on behalf of a business entity, you represent to us that you have legal authority to bind that entity. If you do not accept these Terms, you must refrain from using the Website.
In these Terms, Freeze Dry Industries, us, we’ and our refers to Freeze Dry Industries Pty Ltd ACN 603 514 683, and its related entities.
Use of the Website
In accessing the Website, you agree that you will not:
- use any device, software, process or means to interfere or attempt to interfere with the proper working of the Website;
- use the Website or any content from the Website in any manner which is, in our sole opinion, not reasonable and/or not for the purpose which it is made available;
- do anything which is intended or reasonably likely to damage, impair, interrupt or interfere with the computer equipment on which the Website is hosted or where its databases and code are located;
- modify, copy, distribute, decompile, disassemble, reverse engineer, transmit, display, perform, reproduce, publish or license any material from this Website, integrate the Website with or into any other software, or create a derivative work from the Website or its content by any means; or
- violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right.
Your data and information
You are responsible for the content, accuracy and completeness of any data or information you enter on the Website or which you otherwise provide to Freeze Dry Industries. You acknowledge that such data or information that you enter into the Website or otherwise provide to Freeze Dry Industries is accurate, up to date, not misleading or deceptive in any way, and does not contravene any applicable law or infringe any third party’s rights.
You acknowledge that unless otherwise agreed pursuant to another agreement with you, Freeze Dry Industries is not bound by any express or other obligations of confidentiality with respect to any information submitted to it on the Website. You acknowledge that we may copy, reproduce, use, store, communicate or adapt your data and information submitted to the Website but only for the purposes of providing the services as set out on the Website (and any related or ancillary services).
Intellectual Property Rights
You agree and acknowledge that:
- all intellectual property rights in the Website and anything that we create, modify, provide, supply or license to you in providing the products and services to you are exclusively owned by us and licensed to you on these Terms;
- subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, you must not in any form or by any means copy, adapt, reproduce (other than for the purpose of viewing the Website in your browser), store, modify, distribute, print, upload, display, publish or create derivative works from any part of the Website or commercialise any information obtained from any part of the Website without prior written consent from us or, in the case of any third party material, from the owner of the intellectual property rights in that material;
- you must not do anything which jeopardises or interferes with our ownership of our intellectual property rights; and
- you grant us a worldwide, royalty free licence to use, reproduce, distribute, transmit, perform, display (publicly or otherwise), adapt, and otherwise exploit, details or information that is uploaded by you onto the Website.
- Freeze Dry Industries shall comply with all applicable privacy legislation with respect to the use and handling of any information submitted to the Website, including the Privacy Act 1988 (Cth) and any ancillary rules as amended from time to time.
The Website may contain links to other websites (Linked Sites), which are not operated by us. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms and service contained within each such site.
You acknowledge and agree that:
- we may use “cookies” to identify your computer or device and for other purposes, including to operate and personalise the Website for you;
- if you delete or refuse to accept cookies via your internet browser, we may not be able to provide you with the full functionality of our website.
- Freeze Dry Industries, its agents, officers and employees:
- make no representations, express or implied, as to the accuracy of the information and data contained on the Website and all information is made available on an “as is” basis;
- makes no representations as to the availability of the Website;
- make no representations, either express or implied, as to the suitability of the information and content of the Website for any particular purpose; and
- accepts no liability for any interference with or damage to a user’s computer, software or data occurring in connection with or relating to the Website or their use or any site linked to the Website.
- Any information which you transmit to the Website is transmitted at your own risk. If you become aware of any problems with the security of the Website, you must inform us immediately.
Limitation of liability
- Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy.
- To the fullest extent permitted by law Freeze Dry Industries hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute services, arising out of or related to the use, inability to use, performance or failures of the Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
You indemnify Freeze Dry Industries, its directors, employees and agents in respect of any liability, loss, claim, and expense incurred by Freeze Dry Industries as a result of:
- any claim that any information that you provide to us or upload or make available on the Website, its use, storage, reproduction or communication, infringes another person’s rights;
- any information, services or goods you provide to any third party;
- any use of any information that you obtain from the Website which results in a claim against us by a third party; and
- any breach by you of your obligations under these Terms or as a result of any use of the Website.
Governing law and jurisdiction
If a dispute arises regarding these Terms, the laws of Queensland, Australia apply. You agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia in relation to any dispute. If you access the Website in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.
Amendment to Terms
Freeze Dry Industries reserves the right to change these Terms at its discretion from time to time. Amendments will be effective immediately upon notification on the Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the Terms as amended. The latest version of these Terms will always be available on our Website.
If any part of the Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you can send this to us by email at [email protected]. We will confirm receipt of this by contacting you in writing, normally by email. If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide or confirm to us.