(a) This web site (the "Site") is provided by Specialty Cereals Pty Ltd ABN 003 487 456 ("Specialty Cereals"), conditional on your acceptance of the terms and conditions of use set forth below (the "Terms and Conditions"). By visiting or using this Site (collectively, "Use" of the Site), including without limitation to access, use, and/or download messages, information, data, text, software or images, or other content from this Site, or to send messages, information, data, text, software or images, or other content to the Site, (collectively, the "Content"), you agree on your own behalf, and on behalf of any entity on whose behalf you may act, to accept and abide by the Terms and Conditions for each Use of and each visit to this Site. If you do not agree to abide by these Terms and Conditions, you should not Use this Site.
The Contents of the Specialty Cereals web site is protected from copying or distribution under national and international copyright and trademark laws and treaties throughout the world, and should only be used for your own personal use.
(b) Specialty Cereals has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of the Terms and Conditions, in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Site. Please check the Terms and Conditions frequently for updates by checking the date of "Last Update" at the top of this document. If any term, condition or any change thereto is not acceptable to you, you must discontinue your Use of this Site immediately. Your continued Use of this Site after any such changes are posted will constitute acceptance of those changes.
(c) These Terms and Conditions apply exclusively to your Use of this Site and do not alter the terms or conditions of any other agreement you may have with Specialty Cereals.
All comments, suggestions, ideas, notes, drawings, concepts, recipes or other information disclosed or offered to Specialty Cereals Company (“Specialty Cereals”) on this site or in response to solicitation on this site (“Submission”) shall be deemed and shall remain the property of Specialty Cereals. By providing your Submission, you confirm that your Submission is your original work and has not been endorsed by Specialty Cereals. You understand and acknowledge that Specialty Cereals has both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to the Submission and that Specialty Cereals is only willing to consider the Submission on these terms. That, in any event, any Submission is not submitted in confidence and Specialty Cereals assumes no obligation, express or implied, by considering it. Without limitation, Specialty Cereals shall exclusively own all now known or hereafter existing rights to the Submission of every kind and nature throughout the Universe and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Submission.
The goods and services (including information, software and other Content) on this Site are provided by Specialty Cereals as a courtesy, and Specialty Cereals does not charge for anything offered on this Website. Nevertheless, the Trade Practices Act and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to the provision by Specialty Cereals of goods or services on this Site which cannot be excluded, restricted or modified ("Non-Excludable Rights"). Specialty Cereals does 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) Specialty Cereals (and its 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) Specialty Cereals does 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) Specialty Cereals does not warrant or makes 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 Specialty Cereals) 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 the part of Specialty Cereals) will Specialty Cereals, or any of its licensors, suppliers, affiliates or agents be liable for any loss of profits or any indirect, incidental, special and/or consequential damages 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, the liability of Specialty Cereals for breach of any implied warranty or condition which by law cannot be excluded is limited at the option of Specialty Cereals to the following:
(A) in the case of services supplied or offered by Specialty Cereals,
(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 Specialty Cereals,
(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.
As a courtesy this Website contains hyperlinks and other pointers to Internet websites operated by third parties where Specialty Cereals believes the content on the linked websites may be of interest generally to those who visit this Website. While Specialty Cereals endeavours to review the linked websites with respect to suitability prior to establishing any hyperlink, these third party websites: a) are not under the control of Specialty Cereals, and b) may change at any time. Specialty Cereals is 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 Specialty Cereals or its Affiliates. You link to any such website entirely at your own risk. Specialty Cereals welcomes 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 Specialty Cereals or its Affiliates. Specialty Cereals is 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.
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.