Terms of Use

Site Terms of Use

www.moodiefoodie.com.au, www.moodiefoodie.net

This Site (“Site”) is owned and operated by Jay Rogers trading as The Moodie Foodie (Moodie Foodie) ABN 89 288 775 107 (“the Owner”). The material on the Site is copyright © [2008] [owner] and/or other copyright owners. Your use of, and access to, the Website constitutes your agreement to the Terms of Use set out below and any other terms set out elsewhere on the Site. The Owner may amend the Terms of Use at any time.

The Owner is an Australian trader. The pages on this Site contain information about products and services available in Australia and generally in other countries. You are advised to check the individual product or service to determine its availability where you reside. The prizes, gifts, giveaways and services are offered to consumers in Australia.

Content

All information, graphics, and other material on the Site (Content) is owned or licensed by the Owner or one of its affiliates and is protected by Australian and international laws relating to copyright and trade marks. You must not use the Content in any manner or for any purpose that is unlawful or in any manner which violates any right of the Owner. You must not edit or otherwise modify, copy or otherwise reproduce, transmit or otherwise distribute any of the Content except for a purpose which would reasonably have been intended by the Owner.

Liability

The Owner does not accept any liability for loss or damages (including for any indirect, special, economic or consequential loss or damage) incurred by any person as a result of reliance on the Content or any other information incorporated into the Site by reference. This limitation of liability applies regardless of whether the loss or damage was caused by negligence or otherwise and whether or not the Owner was aware or should have been aware of the possibility of such damage.

The Content is provided on the basis that all persons accessing the Site undertake the responsibility for assessing the accuracy of its Content and that they rely on it entirely at their own risk.

To the extent permitted by law, all other representations, conditions or warranties, whether based in statute, common law or otherwise, are excluded. Liability of the Owner for any breach of a term or condition implied by law is limited to the supply of any service again or the payment for the cost of having any service supplied again.

Use of material on the Site

1. Except for the limited use set out in these Site Terms, you may not use the Site, or the material contained on it, for any purpose, including, but not limited to:
i. The reproduction of the material in any material form;
ii. The distribution of the material in any material form;
iii. Re- transmission of the material by any medium to any other Site;
iv. “Framing” the material on the Site with other material on any other Site.

2. You may download material from the Site for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.

3. You must not modify or copy:
i. The layout of the Site; and
ii. Any computer software and code contained in the Site.

4. The Owner reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it, vested in it or otherwise. To the full extent permitted by law, the material provided on the Site is provided for personal use only and may not be:
i. Re-sold and/or re-distributed in any material form;
ii. Stored in any storage media; and/or
iii. Re-transmitted in any media;
without the prior written consent of the Owner.

Links to other Sites

5. The Site contains links to Sites owned and operated by third parties and which are not under the control of the Owner.

The Owner

6.
i. Provides the links to other sites as a convenience to you and the existence of a like to other sites does not imply any endorsement by the Owner of the linked site; and
ii. Is not responsible for the material contained on those linked sites.

Disclaimer

7. Features and specifications of products and services described or depicted on this Site (including, without limitation, products manufactured or supplied through our business partners or suppliers which are displayed on this Site and their attributes) are approximate only and subject to change without notice. A reference to products or services on this Site does not imply or warrant that the products or services will be available at any time in your particular locality.

8. To the full extent permitted by law the Owner disclaims any and all warranties, conditions, terms, representations and undertakings, other than as expressly set out in this Agreement, express or implied, including but not limited to:
i. Any warranty relating to the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Site and/or of any liked sites; or
ii. Any warranty relating to the merchantability or fitness for any particular purpose for any service or product contained or referred to on the Site and/or on any linked sites.
iii. Any any warranty that the Site, or the server that makes the site available are free of software viruses;
iv. Any warranty that the functions contained in any software contained on the Site will operate uninterrupted or are error-free; and
v. Any warranty that errors and defects in the Site will be corrected.
Limitation of Liability.

9. Your use of the Site is at your own risk. To the extent permitted by law, neither the Owner nor any party involved in creating, producing or delivering the Site accepts any liability for the accuracy, timeliness or completeness of the information contained on the Site, whether or not the Owner is aware of such errors or omissions nor do they accept any liability for any direct, incidental, consequential, indirect, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue of profit, or loss or corruption of data arising out of your access to, or use of, or inability to use or access this Site, whether arising in tort or contract. Further, the Owner does not bear any responsibility for any errors, omissions defamatory, offensive or illegal conduct of any user of the Site.

10. The Trade Practices Act 1974 (Cth) and similar State and Territory legislation in Australia may confer rights and remedies on you which cannot be excluded, restricted or modified. Where it is permitted to do so, the Owner limits its liability for breach of any implied warranty, condition or undertaking which cannot be excluded, at the option of the Owner, to:
i. In the case of services, the supply of the services again or the payment of the cost of having services supplied again; and ; or
ii. In the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such 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.

Use of information gathered

11. The terms of the Owner’s Privacy Policy are incorporated into these Terms of Access.

Termination of access

12. The Owner may terminate access to the Site at any time without giving any explanation or justification for the termination of access, and the Owner has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Site.

Alteration of Terms and Conditions of Access

13. The Owner reserves the right to change these Terms of Access:
i. With or without further notice to you; and
ii. Without giving you any explanation or justification for such change.

Relevant jurisdiction

14. If any part of these Terms of Access is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

Prizes, gifts and giveaway items

15. Subject to any specific terms or conditions that are displayed with any prize, gifts and giveaways at the time they are offered, displayed or advertised, when prizes, gifts or giveaway items or the like are offered, displayed or advertised on our Site, to full extent permitted by law:
i. May withdraw the offer of the prize/s at any time prior to the time the recipient/s of the prize are to be drawn or otherwise determined, without notice to you, in the event that we are, for any reason, unable to supply the prize/s; and
ii. Will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) as consequence of the withdrawal of the prize/s;
iii. In the event that we are unable to supply the exact gift/s and/or giveaway item/s displayed to you for any reason, may supply in it/their place an alternative items/s of a similar nature and value; and
iv. Supply of the alternative item/s will be in complete satisfaction of the Owners obligation to the recipient/s in respect of the gift/s and/or giveaway items/s, to the extent permitted by law; and
v. Will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) as consequence of the supply of the alternative item/s.

Participation in Interactive portions of the Site

16. The Site may contain interactive components where you can submit material to the Site.

17. Any intellectual property rights in any material submitted to the Site becomes and remains the sole property of the Owner. You consent to all relevant acts or omissions in relation to that person’s moral rights in his or her material which may or might otherwise constitute a breach or infringement of those moral rights and, to the extent permitted by law, waives all of his or her moral rights in the material.

18. The Owner may, but is not obliged to, moderate any material you submit to the Site including, without limitation, changes to spelling and grammar. The Owner reserves the right to remove any material for any or no reason. We may also restrict, suspend or terminate your use of the Site where we believe that you have misused it or breached this Agreement.

19. You warrant that any material you provide:
i. does not infringe the intellectual property rights or any rights of any person;
ii. Is not illegal, fraudulent, sexist, racist, or in breach of any anti-discrimination law;
iii. Is not misleading or deceptive;
iv. Is not defamatory;
v. Is not obscene, offensive or is in any way unsuitable for people under the age of 18 years;
vi. Is not classified MA15+, X18+, R18+ or RC pursuant to the classifications set out in the Classification (Publications, Films and Computer Games) Act 1995 (Cth);
vii. Is not classified but if it were classified pursuant to the classifications set out in the Classification (Publications, Films and Computer Games) Act 1995 (Cth) is not reasonably likely to be classified MA15+, X18+, R18+ or RC ; or
viii. Complies with this Agreement.
You indemnify and hold the Owner harmless for any loss arising out of the Owner’s use of any material you submit to the Site, including without limitation, your breach of the warranties in this clause 4.

20. You also warrant that any material you provide is your own personal view. If you submit material to the Site, you must disclose any affiliation with a company or organisation in the food industry.

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