Thomas Farms Australia Pty Limited ACN 138 042 930 (‘Thomas Farms’, ‘we’, ‘us’ or ‘our’) operates the website on which these website terms and conditions are displayed and all subdomains (together, ‘the Website’). These website terms and conditions (‘Terms and Conditions’) apply to your use and access of the Website including all features and content that we upload to the Website.
By accessing or using the Website, you agree to be bound by these Terms and Conditions in force at the time of accessing or using the Website. If you do not agree to these Terms and Conditions, you must not use the Website.
By accessing or using the Website, you warrant that you are at least 18 years of age (or such age as required in the jurisdiction in which you are located at the time of accessing or using the Website).
We may change these Terms and Conditions from time to time without notice to you. Any such changes will take effect immediately from the time they are uploaded to the Website. You should check this page regularly to take notice of any changes we may have made to these Terms and Conditions.
1. Licence We grant you a non-exclusive, non-transferable, revocable licence to access and use the Website in accordance with these Terms and Conditions. We may terminate this licence at any time with or without cause.
2. Use of the Website You must only use the Website for its intended purpose. You must not:
2.1 use the Website in any way that breaches any civil or criminal laws, infringes a third party’s rights or is contrary to any relevant standards or codes; 2.2 use the Website to pose or transmit any material which is defamatory, obscene, indecent, inflammatory or pornographic or which prevents any other person from accessing, using or enjoying the Website; 2.3 transmit or distribute to the Website any viruses, malware, trojans, worms, logic bombs, or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; 2.4 hack into any aspect of the Website, corrupt data, tamper or hinder the operation of the Website, or cause annoyance to past, current and potential future users of the Website; 2.5 reverse engineer, decompile, disassemble or work around technical limitations of the Website; 2.6 use the Website other than in accordance with these Terms and Conditions; or 2.7 attempt any of the above acts or engage or permit another person to do any of the above acts.
3. Acknowledgements You acknowledge and agree that:
3.1 we cannot and do not warrant that the Website is free from any errors, viruses, malware, trojans, worms, logic bombs or other defects; 3.2 we make no representation or warranty that the Website will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses, trojans, worms, logic bombs or other contaminating or destructive properties will be transmitted, or that no damage will occur to your electronic device as a result of using the Website; 3.3 any information or materials you provide to us, or any other information collected or uploaded to the Website may be hosted or stored on servers in locations other than your country, state, territory or province of residence (‘Your Location’). We will not be liable for any loss or damage suffered as a result of your information being hosted or stored on servers within or outside Your Location; 3.4 you must take your own precautions to ensure that the process which you employ for accessing and using the Website does not expose you to the risk of viruses, malware trojans, worms, logic bombs, malicious computer code or other forms of interference which may damage your computer system or any other computer system; 3.5 whilst we strive to protect all information and materials made available by you through the Website, we do not warrant and cannot ensure the security of any information and materials which you transmit; 3.6 the content published on the Website is for general information purposes only and we make no warranty that the information on the Website will meet your requirements; and 3.7 your access and use of the Website or reliance of any content on the Website is strictly at your own risk.
4. Limitation of Liability
4.1 To the extent permitted by law, the Website and its content is made available to you on an ‘as is, as available’ basis, without any representation or warranty of any kind. 4.2 We do not accept responsibility for any loss or damage, however caused, which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use the Website. 4.3 If the Australian Consumer Law or any other law implies any condition or warranty on us, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty, to the extent permitted by that law, at our option, to refunding the price paid or resupplying of the relevant goods or services. 4.4 To the extent permitted by law, we are not liable to you (and any party claiming through you) for:
4.4.1 any claim made under, or in connection with, a contract, in tort, under statute, in equity or otherwise in respect of:
(a) any errors or defects whatsoever in the Website; (b) viruses, malware, trojans, worms, logic bombs, malicious computer code or other forms of interference arising from or in connection with your use of the Website; or (c) the loss or damage to person or property arising from or caused from such errors or defects in the Website, as well as viruses, malware, trojans, worms, logic bombs, malicious computer code or other forms of interference; or
4.4.2 any indirect, special or consequential loss or damage of any nature whatsoever resulting from or caused in any way where such loss or damage includes:
(a) any loss of income, profit or business; or (b) any loss of goodwill or reputation.
4.5 We may use third-party software, hardware and services to facilitate the operation of the Website. We do not accept any responsibility for any loss or damage whatsoever suffered as a result of any defect, failure or fault of such third-party software, hardware or service.
5. Links from the Website
This Website may contain links to third-party websites which are not operated by us (‘Third Party Websites’). We have no control over Third Party Websites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your access and use of Third Party Websites Sites will be subject to the terms and conditions contained in those Third-Party Websites.
6. Links to the Website You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
7. Intellectual Property
7.1 We own (or hold a licence to use) all current and future intellectual property rights in connection with this website, including but not limited to all forms of copyright (including text and images) and trade marks (‘Intellectual Property Rights’). You must not in any way infringe or otherwise challenge our interests in the Intellectual Property Rights. 7.2 You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content from the Website without our prior written consent.
8. Privacy Policy
8.1 If you provide personal information to us to access the Website, we will treat that information in accordance with our obligations under the Privacy Act 1988 (Cth) and our Privacy Policy. 8.2 For details about our Privacy Policy, please visit the link on the Website.
9. Suspension and withdrawal
We reserve the right withdraw or amend the Website without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
10. Termination
10.1 These Terms and Conditions terminate automatically if, for any reason, we cease operating the Website. We may otherwise terminate these Terms and Conditions immediately on notice to you if we determine (in our sole discretion) that you have breached these Terms and Conditions in any way. 10.2 Clauses 2 (Use of the Website), 4 (Limitation of Liability), 6 (Links to the Website), 7 (Intellectual Property), 8 (Privacy Policy), 10 (Termination) and 12 (General) will survive termination. However, the entire Terms and Conditions will continue to apply whenever you access the Website.
11. Indemnity
By agreeing to these Terms, you agree to indemnify and keep indemnified and hold us, our officers, directors, employees, agents, licensors, suppliers and any third party information providers or developers to the Website harmless from and against all liabilities, losses, damages, costs or expenses incurred or suffered by us, and from and against all actions, proceedings, claims or demands made against us, arising from one or more of the following:
11.1 your failure to comply with any laws, rules, standards, regulations or instructions applicable in relation to the Website; 11.2 any negligence or breach of duty by you and/or your employees, agents or contractors in relation to the Website; 11.3 your use of the Website; and 11.4 you, or any person to whom you provide access to the Website, suffering loss as a result of using or accessing the Website.
12. General
12.1 These Terms and Conditions (and any other similar rules uploaded to the Website) record the entire agreement between you and us as to your access and use of the Website. Any prior negotiations, agreements, arrangements, representations and understandings related to this subject matter are superseded by these Terms and Conditions. 12.2 These Terms and Conditions are governed by the laws of South Australia and the Commonwealth of Australia. You submit to the jurisdiction of the Courts of South Australia and the Commonwealth of Australia. Any proceeding brought in the Federal Court of Australia must be instituted in its South Australia District Registry. 12.3 All rights under these Terms and Conditions are in addition to and do not abrogate, limit or reduce any other rights that we may have. 12.4 Any failure by us to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of those Terms and Conditions. 12.5 Any provision of these Terms and Conditions that is invalid, unenforceable or illegal must be read down to the extent necessary to avoid that effect. If that is not possible, that provision must be excluded from these Terms and Conditions but only to the extent necessary to avoid that effect. All other provisions of these Terms and Conditions continue to be valid and enforceable. 12.6 Unless otherwise specified, time is of the essence in these Terms and Conditions.
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