Terms of Use
These Terms of Use incorporate the Specialty Cereals Privacy Policy Statement.
You should read this statement in conjunction with these Terms of Use. Please
click here to read the Speciality Cereals Privacy
Policy Statement.
All information and services on this Website and related pages are
provided by Speciality Cereals Pty Limited (ABN 49 003 487 456 ("Us,/We").
We do not charge for any of the information or services on this Website, but your
access is subject to your unconditional acceptance of the terms, conditions,
notices and disclaimers contained in this document and elsewhere on the Website
(known collectively as "Terms of Use").
By accessing this Website you are deemed to have read and accepted each of these
Terms and Conditions. We reserve the right to amend the Terms of Use at any
time. Parents take full responsibility for their children's activities online.
Communications and Information
Intellectual Property and Restrictions on Use of Content
All information, text, graphics, services and advertisements on this Website
("Content") are subject to copyright and are owned or licensed by Speciality
Cereals Pty Limited or their licensors and affiliates unless expressly indicated
otherwise on the Website. The Content is protected by Australian and
international copyright and trade mark laws. Content on this Website is
published in real-time, and you must not modify, copy, reproduce, republish,
frame, upload to a third party, post, transmit or distribute this Content in any
way except as expressly provided for on this Website (ie a "download" button")
or expressly authorised in writing by Us. Content offered to you via a
"download" button may be downloaded for your own personal use only and shared
with others for their own personal use.
Strictly on the condition that you keep all Content intact and in the same form
as presented on this Website you may:
- using an industry-standard web browser, download and view the Content for your
personal, non-commercial use, or
- if you are an Internet service and/or access provider, supply the Content to
your subscriber. You must not use this Website in any manner or for any purpose
which is unlawful or in any manner which violates any of Our rights or the
rights of our affiliates or which is prohibited by the Terms of Use.
Disclaimer and Limitations of Liability
The goods and services (including information, software and other Content) on
this Website are provided by Us as a courtesy, and We do not charge for anything
offered on this Website.
Nevertheless, the Competition and Consumer Act (Cth) 2010 and similar State and
Territory legislation in Australia may confer rights and remedies on you in
relation to the provision by Us of goods or services on this Website which
cannot be excluded, restricted or modified ("Non-Excludable Rights"). We do not
exclude in these Terms and Conditions or elsewhere any Non-Excludable Rights,
but does exclude all other conditions and warranties implied by custom, law or
statute.
Except as provided for by the Non-Excludable Rights:
a) all goods and services on this Website are provided "as is" and without
warranties of any kind, either express or implied,
b) We (and our licensors, suppliers, affiliates and agents) expressly disclaim
all warranties of any kind including but not limited to implied warranties of
merchantability and fitness for a particular purpose,
c) We do not warrant that any of the functions contained on this Website or your
access to this Website will be uninterrupted or error-free, that any defects
will be corrected or that this Website, the server on which this Website is
stored or the software available for downloading on the Website are free of
viruses or any other harmful components,
d) We do not warrant or make any representation regarding your access to, or the
results of your access to, this Website (including any related or linked
websites) or any information on this Website in respect of correctness,
accuracy,timeliness, completeness, reliability or otherwise, and
e) you (and not Us) assume the entire cost of any necessary verification,
maintenance, repair and/or correction of any relevant information or other
content.
Under no circumstances (including but not limited to any act or omission on Our
part) will We, or any of Our licensors, suppliers, affiliates or agents be
liable for any indirect, incidental, special and/or consequential losses
including but not limited to loss of profits, loss of opportunity, loss of
goodwill, whatsoever which result from any use of or access to, or any inability
to use or access, this Website or anything contained on or missing from this
Website.
To the fullest extent permitted by law, Our liability for breach of any implied
warranty or condition which by law cannot be excluded is limited at Our option
to the following:
(A) in the case of services supplied or offered by Us,
(i) the supply of the services again, or
(ii) the payment of the cost of having the services supplied again; and
(B) in the case of goods supplied or offered by Us,
(i) the replacement of the goods or the supply of
equivalent goods,
(ii) the repair of such goods,
(iii) the payment of the cost of replacing the goods or of acquiring equivalent
goods, or
(iv) the payment of the cost of having the goods repaired.
Communications Facilities and Information
These Terms of Use incorporate the Speciality Cereals Privacy Policy Statement.
This Website may contain electronic communications facilities, personal webpages
and other facilities which provide for feedback to Us by users of Our Website,
and communication to the Internet community at large ("Communication
Facilities").
It is a condition of your use of any Communication Facility and your access to
this Website that you do not do any of the following: restrict or inhibit any
other user from using or enjoying this Website; post or transmit any unlawful,
threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or
indecent information or material of any kind, including without limitation any
transmissions constituting or encouraging conduct that would constitute a
criminal offence, give rise to civil liability or otherwise violate any
applicable law; post or transmit any material of any kind which violates or
infringes upon the rights of any other person,including material which is an
invasion of any privacy or publicity rights or which is protected by copyright,
trade mark or any other proprietary right, or derivative works with respect
thereto, without first obtaining permission from the owner or relevant right
holder; post or transmit any material of any kind which contains a virus or
other harmful component;post, transmit or in any way exploit any material of any
kind for commercial purposes, or which contains any promotional material or
advertising; or delete any author attributions, legal notices or proprietary
designations or labels in any file that is uploaded.
We may from time to time monitor or review the contents of its Communication
Facilities. While We reserve Our right to edit, refuse to post or to remove any
information or other content (in whole or in part) that in Our sole discretion
is in any way objectionable or in violation of any applicable law or the Terms
of Use, We have no obligation whatsoever to monitor any Communication Facility
or to edit, delete or refuse to post such contents, nor are We responsible for
any contents in any Communication Facilities (including any information,
comments and/or advice). You expressly acknowledge and agree that the
Communication Facilities provide a means of public and not private
communications.
It is recommended that parents supervise their children and the information they
place on their own personal webpages.
We reserve the right to co-operate fully with any law enforcement authority in
any jurisdiction in respect of any lawful direction or request to disclose the
identity or other information in respect of anyone posting any materials which
violate any applicable or relevant law.
Click here to view Specialty Cereals Privacy Policy.
Advertisements and Hyperlinks
As a courtesy this Website may contain hyperlinks and other pointers to Internet
websites operated by third parties where We believe the content on the linked
websites may be of interest generally to those who visit this Website. While We
endeavour to review the linked websites with respect to suitability prior to
establishing any hyperlink, these third party websites: a) are not under Our
control, and b) may change at any time. We are not responsible for the contents
of any third party website or any hyperlink contained in any third party
website. The existence of a hyperlink on this Website does not imply any
endorsement of the linked website by Us or Our Affiliates. If you link to any
such website it is entirely at your own risk. We welcome comments from users who
feel that the content of any linked website is inappropriate.
This Website may also contain third party advertisements (eg banner ads) which
may contain embedded hyperlinks or which may include referral buttons to
websites operated by third parties or their licensees or contractors. All third
party advertising, if paid for, is paid for by the relevant third party
advertisers and are not recommendations or endorsements by Us or Our Affiliates.
We are not responsible for the content (including representations) of any third
part advertisement on this Website. You are referred to the relevant advertiser
for all information regarding the advertiser and its products and/or services.
Miscellaneous
This agreement will be governed by and construed in accordance with the laws of
New South Wales, Australia. You irrevocably and unconditionally submit to the
non-exclusive jurisdiction of the courts of New South Wales. If any provision of
this agreement is found to be invalid or unenforceable by a court of law, such
invalidity or unenforceability will not affect the remainder of the agreement
which will continue in full force and effect.
Information to third parties
Only those who ask to be added to our updates list or who ask for information
from us will receive e-mail communications from us. We offer an "opt-out"
feature that allows you to advise us that you and/or your children no longer
wish to receive email from us. You may always ask to be re-included.
Cookies
We use "cookie" technology to assist in identifying registered users so as to
avoid them having to log-in manually each time they enter the Website. We do not
use cookies to extract any personal information, provide any such information to
third parties or contact you.
Links
Our websites may contain "links" to other sites, and we make every effort to only
link to sites that share our high standards of decency, fairness, and integrity.
We try our best to ensure that these links are safe for children. However,
children should always check with a parent/guardian or adult before linking to
any new sites. We are not responsible for the privacy practices or content of
companies linked to our website. Before disclosing your personal information on
any other website, we suggest you examine the privacy policies of those
websites.
Security
We have taken reasonable steps to ensure all information received from our online
visitors is secured against misuse, loss and unauthorised access, modification
and disclosure. All information is protected by our security measures, which are
periodically reviewed and audited.
Summary
We approach our communications on the Internet with respect for, and commitment
to, individual privacy rights, and the different sensibilities of our child
consumers. We support active self-regulation of this new environment to ensure
that responsible marketers can maintain the right to use all communication media
to interact with its consumers.
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