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Terms & Conditions

General

  • As a user of this Website, you are bound by this Website Use Terms and you acknowledge and consent to the Privacy Policy.
  • ZBS may at any time vary and amend this Website Use Terms and Privacy Policy by publishing the varied terms on this Website. You accept that by doing this, ZBS has provided you with sufficient notice of the variation and amendment.
  • It is your responsibility to familiarise yourself with the current Website Use Terms and Privacy Policy each time you visit this Website. When deciding to visit this Website, you acknowledge that you have exercised your independent judgment and have not relied on any representation made by ZBS which has not been expressly stated in this Website.

Usage Licence

By allowing you to access this Website, ZBS grants you the Licence.  By accessing this Website, you accept the terms of the Licence.  Additionally, you must ensure your employees, subcontractors and other agents (if any) who have authorised access to this Website are made aware of the terms of this Licence.

Warranties

  • ZBS does not warrant that the material in this Website is accurate, complete or up to date. The existence of inaccurate, incomplete or superceded material in the website will not cause ZBS to be in breach of the terms of the Licence.
  • ZBS reserves the right to change, add or remove any material in or from the website without notice.
  • ZBS does not warrant that the functions contained in the website or third-party websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in the website and other third-party websites are free of viruses or other harmful components.

Excluded terms

To the maximum extent permitted by law, all terms, conditions and warranties that would be implied into this Website Use Terms or in connection with the use of this Website under law, statute, custom or international convention are excluded.

Limitation of liability

Except in the case of a breach of the Consumer Guarantees, the liability of ZBS for any loss or damage suffered by you in contract in tort or otherwise, is limited to the amount of $100 AUD.

Intellectual Property rights

You acknowledge that the material in this Website is the subject of copyright © and that it is the subject of other Intellectual Property and legal rights (including third-party rights).  You must not, during or at any time after the expiry or termination of the Licence, permit any act which infringes any of those rights and, without limiting the generality of the foregoing,

Trade marks

All trade marks, whether registered or unregistered, in connection with ZBS, are trade marks of ZBS and its related bodies corporate.

Access to or use of this Website does not constitute or create a licence except as expressly provided in these Website Use Terms or any other right to use ZBS’s name, trade marks, copyright or any other Intellectual Property.

Indemnity

You must indemnify and keep ZBS indemnified fully against all liabilities, damages, claims, losses, costs and expenses, which ZBS may incur to a third party or you as a result of your breach of the provisions of the Licence.

This website may contain hyperlinks to other websites operated by third parties.  You accept that ZBS has no control over, and is not responsible for, any material contained on any third-party websites.  You may be required to comply with all requirements of any third party over the conditions of use of that third party's website.

General

  • If any provision of this Website Use Terms or the Privacy Policy is found by a court of competent jurisdiction to be invalid, such term shall be severed and the remaining terms shall be unaffected.
  • The Website Use Terms and the Privacy Policy are governed by the law applying in Victoria, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, and the courts complement to determine appeals from those courts, with respect to any proceedings that may be brought at any time in relation to these Website Use Terms, Privacy Policy or in connection with the use of this Website.

Definitions

In these Website Terms, the following definitions apply:

Consumer Guarantees means the guarantees set out in Division 1, Part 3-2 of the Australian Consumer Law;

Intellectual Property means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention of 1967, in any inventions, designs, trade marks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via this Website;

Licence means a non-exclusive right, in accordance with this Website Use Terms, to:

  • view the material in this Website;
  • access material contained in this Website; and
  • download and use any material contained in this Website for a temporary purpose (such as viewing offline);

it excludes any rights to:

  • copy or translate for commercial use, reproduce, adapt, vary or modify any material in the website without the express consent of ZBS, except as expressly authorised by this Licence; or
  • provide or otherwise make available any material in the website in any form to any person other than employees, subcontractors and other agents (if any) without the written consent of ZBS.

Privacy Policy means the policy relating to your personal information and set out here;

Supply Terms means the terms and conditions and entitled “Supply Terms” which apply ZBS’s supply of Goods to you in connection with this Website and set out here;

Website means www.zeallybaysourdough.com.au and all content created under it;

You means the individual or organisation who effects an Order of Goods utilising this website; and

ZBS means Zeally Bay Sourdough Pty Ltd (ACN 125 515 031) as trustee for the Zeally Bay Sourdough Trust (ABN 21 775 390 553).


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