Terms of Use of Website
All material on this site is Copyright.
Any unauthorised copying or mirroring is prohibited.
This Website is owned and operated by Sunpork Fresh Foods Pty Limited ("Sunpork Fresh Foods") ACN 135 230 545. Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website (known collectively as "Terms of Use"). Your use of, and/or access to, the Website constitutes your agreement to the Terms of contUse. Since you are bound by the Terms of Use, you should periodically refer to them in this document and elsewhere on the Website. Sunpork Fresh Foods reserves the right to amend the Terms of Use at any time, effective immediately upon the amendments being posted to the Website. If the Terms of Use change, a notice will be posted to the Website advising you of this. It is your responsibility to check the changes when such a notice is posted to the Website.
General Disclaimer
All information contained in the Website is provided, where applicable, for general information purposes only. It is not intended as advice, and must not be relied upon as such. You should make your own enquiries about anything contained on the Website and obtain independent advice where necessary.
Intellectual property and restrictions on use of content on the Website.
The intellectual property rights (including copyright) in all information, text, material, graphics, images, illustrations, logos, icons, audio clips, digital downloads, software and advertisements on the Website ("Content") are owned and/or controlled by Sunpork Fresh Foods, its suppliers and/or licensors unless expressly indicated otherwise on the Website. The Content is protected by Australian and international copyright and trademark laws. 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 the Website or expressly authorised in writing by Sunpork Fresh Foods or the relevant third party owner or rights holder. Strictly on the condition that you keep all Content intact and in the same form as presented on the Website (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may, using an industry-standard Web browser, download and view the Content for your personal, non-commercial use.
You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any right of Sunpork Fresh Foods or any other party or which is prohibited by the Terms of Use. Nothing contained on the Website should be construed as granting any license or right of use of any trademark displayed on the Site without the express written permission of Sunpork fresh Foods, the relevant third-party owner or rights holder.
Information Linkages
The Website may contain information linkage facilities, which provide for interaction between users and Sunpork Fresh Foods, the Website and real-time interaction between users by means of electronic bulletin boards, chat rooms, forums and other electronic messaging and notice services ("Information Linkages").
It is a condition of your use of any Information Linkages and your access to the Website that you do not do any of the following:
Restrict or inhibit any other user from using or enjoying any information linkage facilities;
Post or transmit any unlawful, racist, discriminatory, threatening, abusive, violent, 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, trademark 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 computer virus or other harmful component;
Post, transmit or in any way exploit any material of any kind for commercial purposes including sales, contests, pyramid schemes or similar activities;
Post or transmit any promotional or advertising material or any material that contains political campaign messages;
Post or transmit any chain letters, mass mailings, junk mail or any other form of 'spam';
Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
Download any file posted by any other user of an Information Linkage if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner. Sunpork Fresh Foods may from time to time monitor or review the contents of its Information Linkage Facilities. Sunpork Fresh Foods reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in Sunpork Fresh Foods' sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use.
If you find anything posted on the Website that you think is in breach of any applicable law or the Terms of Use, please contact us by sending an email to feedback@sunporkfreshfoods.com.au.
Advertising, links to third party websites and e-commerce offers
The Website may contain hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of Sunpork Fresh Foods, and Sunpork Fresh Foods is not responsible for, and does not warrant or represent, that the contents of any linked website or any hyperlink contained in a linked website, is accurate, legal or inoffensive in accordance with this Terms of Use or the Privacy Policy. Sunpork Fresh Foods provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Sunpork Fresh Foods, its related corporations or their respective directors or employees ("Affiliates"). You link to any such website entirely at your own risk.
The Website may also contain third party advertisements (including banner ads and full page advertisements), which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by Sunpork Fresh Foods or its Affiliates. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by Sunpork Fresh Foods, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.
By using this Website to search for or link to another third party website, you agree that Sunpork Fresh Foods is not liable for, and accepts no responsibility for, any damages or losses arising due to your link to and use of the third party website.
If you have a problem with a link from the Website, please contact us by email at feedback@sunporkfreshfoods.com.au.
Disclaimer and limitation of liability
Other than with respect to rights and remedies that may be conferred upon you according to the Trade Practices Act 1974 (Cth) and similar State and Territory Legislation in Australia (and in New Zealand, except where goods or services are acquired for business purposes, the Consumer Guarantees Act 1993 (NZ)) in relation to the provision by Sunpork Fresh Foods of goods or services on the Website which cannot be excluded, restricted or modified ("Non-excludable Rights"), Sunpork Fresh Foods excludes all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights:
All Content is provided "as is" and without warranties of any kind, either express or implied, Sunpork Fresh Foods and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, Sunpork Fresh Foods does not warrant that the functions contained in any Content or any Information Linkages or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components, Sunpork Fresh Foods does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and
You (and not Sunpork Fresh Foods) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
Under no circumstances (including but not limited to any act or omission on the part of Sunpork Fresh Foods) will Sunpork Fresh Foods or its Affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content. You expressly acknowledge and agree that Sunpork Fresh Foods does not exert control over users of the Website and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.
To the fullest extent permitted by law, Sunpork Fresh Foods' liability for breach of any implied warranty or condition, which cannot be excluded, is limited at the option of Sunpork Fresh Foods to the following:
In the case of services supplied or offered by Sunpork Fresh Foods,
the supply of the services again, or
the payment of the cost of having services supplied again; and
in the case of goods supplied or offered by Sunpork Fresh Foods,
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.
Breach of Terms
By using this Website, you have agreed to be bound by the Terms of Use as set out in this document. Sunpork Fresh Foods relies on your continued observance of these Terms of Use. Sunpork Fresh Foods reserves the right, in its sole discretion, to terminate or cancel your access to and/or use of the Website if you are found to be in breach of any of these Terms of Use.
Indemnity
By using the Website, you agree to indemnify, and hereby indemnify, Sunpork Fresh Foods and its Affiliates, from and against all claims, including any reasonable legal fees, made by any third party due to or arising out of, your visit to or use of the Website generally, your use of the Website to link to other third party websites or as a result of a breach of these Terms of Use or any other legal obligation.
Miscellaneous
These Terms of Use will be governed by and construed in accordance with the laws of Queensland, Australia. Sunpork Fresh Foods shall use its best endeavours to quickly and effectively resolve any dispute arising as a result of your access to or use of the Website, or in connection with these Terms of Use. In the event of a failure to resolve any dispute, you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland. If any provision of the Terms of Use is found to be invalid or unenforceable by a court of law, then the provision shall be deemed to be severable and omitted from these Terms of Use, and such invalidity or unenforceability shall not affect the validity or enforceability of the remainder of the Terms of Use.
All rights not expressly granted herein are reserved.