WA Fresh Pty Ltd (together with its affiliates and subsidiaries, “we”, “us”, “our” and terms of similar meaning) provides this Web site (this site and any software provided by the Company for use with the site, the “Site”) to you subject to these terms of use (these “Terms”). In these terms we describe users (“Users”) of the Site as both registered and unregistered users.
Please read these Terms carefully before using the Site. By accessing, using or browsing the Site you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Site and may choose to exit the Website.
The Company reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Site, at any time and in its sole discretion.
The services we provide through the Site are for your own use only. You may not resell, lease or provide them in any other way to anyone else.
If you register for an account on the Site, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to the Site, and to keep it accurate, current and complete.
At present we do not charge any fees or other charges for the use of the Site. In these Terms the content on the Site, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”. Content provided by Users is called “User Content”. User Content is that User’s property. The Company’s only right to that User Content is the limited licenses to it granted in these Terms.
Other than the User Content, the Site, all Content and all software available on the Site or used to create and operate the Site is the property of the Company or its licensors, and is protected by Australian and international copyright laws, and all rights to the Site, such Content and such software are expressly reserved.
Your User Content is your responsibility. We have no responsibility or liability for it, including any loss or damage it may cause to other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Site.
We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Site, and provide the services provided by the Site, now and in the future.
The Site may contain links to third-party Web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content or service provided there at your own risk.
The Site, the Content and the services provided by the Site are provided to you on an “as is” basis without warranties from the Company of any kind, either express or implied.
While the Company attempts to make your access to and use of the Site safe, the Company does not represent or warrant that the Site or any Content are free of viruses or other harmful components.
You shall defend, indemnify and hold harmless the Company and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site and from the use of the Site by any person to whom you give access to your account, including any claims made by any person that any of your User Content infringes the rights, including the intellectual property rights, of any third party.
These terms of use are governed by the laws of the Australian Capital Territory, Australia and you agree to submit to the exclusive jurisdiction of the courts of the Australian Capital Territory. You and the Company both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and the Company explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of Western Australia and the federal laws of Australia applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
