TERMS AND CONDITIONS OF USE


1. DEFINITIONS
Beef Central (“the Website Operator”) operates a website with the domain name <www.beefcentral.com> and/or <www.beefcentral.com.au> ("the Website")
This Terms and Conditions of Use document constitutes an agreement between the Website Operator and the End User of the Website (referred to herein as ‘you’).  
When using the Website you must comply with these Terms and Conditions. It is a condition precedent to your use of the Website that you read and agree to these Terms and Conditions. If you do not agree to the Terms and Conditions set out herein then you may not use the Website.

2. INTELLECTUAL PROPERTY RIGHTS
The intellectual property rights (including copyright) in all information, text, material, graphics, fonts, icons, code (including HTML), audio, video, photographs, images, software and advertisements on the Website ("Content") are owned by or licensed to the Website Operator. The Content is protected by Australian intellectual property laws.
The Website Operator reserves the right to remove any Content from the Website in its sole discretion.
You must not modify, copy, reproduce, sell, frame, scrape, upload to a third party, create derivative works from, post, transmit or distribute the Content in any way except as expressly provided for on the Website or expressly authorised in writing by the Website Operator.
All information provided by the Website Operator is confidential information to the extent available at law and you shall not share any information provided through the Website to any person.

3. LIMITATION OF LIABILITY
The Website Operator or any related person, corporation or respective directors or employees will not be liable to you for any losses, damages, liabilities, claims or expenses (including legal costs) whether direct, indirect, or consequential howsoever caused (including, without limitation, negligence) suffered or incurred by you arising out of:
• use of, or any inability to use the Website; or,
• the Content of this Website; or, 
• any services offered or made available to you by the Website Operator through any means whatsoever.
If any legislation implies a condition or warranty into these Terms of Use in respect of goods or services supplied by the Website Operator, and the Website Operator’s liability for breach of that condition or warranty may not be excluded but may be limited, the previous paragraph does not apply to that liability and instead the Website Operator’s liability for any breach of that condition or warranty is limited to in the case of a supply of services, the Website Operator doing either of the following (at the Website Operator’s election):
• supplying the services again;
• giving notice to the complainant that the services are no longer being offered. 
Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you may have under the Competition and Consumer Act 2010 (Cth) or any other legislation which may not be excluded, restricted or modified by agreement.

4. INDEMNITY
The Website Operator relies on your continued observance of these Terms and Conditions of Use. If the Website Operator suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify the Website Operator for those losses, damages and costs.

5. SERVICES AND ACCURACY OF INFORMATION
The Website Operator does not warrant that the material or functions contained in the Website or your access to them will be uninterrupted, error-free or free of viruses or any other harmful components.
The Website Operator does not warrant or make any representation regarding accessibility, correctness, accuracy, timeliness, completeness, reliability or otherwise in respect of the Website or materials or functions contained on the Website.

6. DELAYS AND VIRUSES
While every effort will be made to provide a secure and reliable website, the Website Operator will not be liable for damage or loss resulting from any delay in operation or transmission, virus, harmful component, communications failure, internet access difficulties or malfunction in equipment or software, howsoever caused.
The Website Operator shall make all reasonable efforts to ensure that the Website is available to you during the hours specified by us from time to time but is not liable to you for or in connection with -
• Failure of a Service to perform in whole or in part, any function which we have specified it will perform;
• The unavailability of a Service to you in whole or in part because of the failure of the Communication Network, Ancillary Equipment or any circumstance beyond our reasonable control; or
• Delays or errors in the execution of any transaction or instruction because of the Communication Network, Ancillary Equipment or any circumstance beyond our reasonable control.

7. TERMINATION
The Website Operator reserves the right to immediately terminate this agreement or your use of, or access to, the Website at any time if the Website Operator decides at its sole discretion that you have breached the Terms of Use or any relevant law, rule or regulation or you have engaged in conduct that the Website Operator considers to be inappropriate or unacceptable. All restrictions imposed on you, licenses granted by you and all the Website Operator disclaimers, limitations of liability and indemnities set out in the Terms of Use will survive any termination.

8.  OUTBOUND LINKS

The website may contain links to third-party websites and resources (hereinafter referred to as "linked sites"). These linked sites are provided solely as a convenience to you and not as an endorsement by The Website Operator of the content on such linked sites. The Website Operator makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any linked site. The Website Operator is not responsible for the availability of the linked site or the content or activities of such sites. If you decide to access linked sites, you do so at your own risk. If you do decide to make use of the link you should remember that your use of the linked site is likely to be subject to Terms and Conditions of use similar to these, including but not limited to, the linked site's privacy policy. The Website Operator recommends that you review such terms before using the linked site. To the fullest extent possible at law, The Website Operator makes no warranties or representations: regarding the quality, accuracy, merchantability or fitness for purpose of third party material or products or services available through linked sites; or that third party material available from a linked site does not infringe the intellectual property rights of any person. Without impacting its ability to exclude itself from such responsibilities and warranties the Website Operator may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website from the Beef Central website.

 

9. GOVERNING LAW
These Terms of Use will be governed by and construed in accordance with the laws of Queensland, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the terms which will continue in full force and effect.

10. PRIVACY STATEMENT
The Website Operator will from time to time collect personal or sensitive information for the purpose/s of direct mail marketing, advertising, making offers of products or services, market research, distribution to third parties, billing, competitions, generating customer referrals and otherwise carrying on business.

The Website Operator may also collect and distribute personal information from and to third parties and will seek to only exchange or transfer personal information with third parties where the exchange is required for billing purposes.

Personal information will not be misused, altered or manipulated by the Website Operator who will seek to gain consent from individuals to use the personal information although this may be impossible or impracticable in the circumstances.

Any individual whose personal information is controlled by the Website Operator has a right to access that information by making a written request to the company and sufficiently proving their identity to the company’s satisfaction.

An individual has a right to request removal of their personal information from the Website Operator’s databases or other storage by making a written request and sufficiently proving their identity to the company’s satisfaction. There will be no costs associated with requesting access or removal of your personal information.

If any law compels the Website Operator to disclose any personal information then the Website Operator will comply to the extent of that law.

Failure to provide personal information will restrict the services, offers or promotions that the Website Operator can provide. 
All rights not expressly granted herein are reserved.
If you are interested in obtaining additional information about privacy, you can visit the Australian Federal Privacy Commissioner's website at www.privacy.gov.au.
 

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