WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
(a) Welcome to www.skara.com.au (Website). The Website offers a comprehensive collection of product details, stockist information, a diverse array of recipes and other information related to the products. (Content).
(b) The Website is operated by Skara Smallgoods Pty Ltd (ACN 150 176 757). Access to and use of the Website, or any of its associated products or Content, is provided by Skara Smallgoods Pty Ltd. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Content, immediately.
(c) Skara Smallgoods Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Skara Smallgoods Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Skara Smallgoods Pty Ltd in the user interface.
3. Site Use
(a) You warrant and represent that your access to, or use of, the Website is not unlawful or prohibited by any laws which apply to you. You understand and agree that any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.
(b) The Website may contain links to third party websites, including the Skara Smallgoods Pty Ltd wholesale portal. Any links to such websites provided on the Website are for convenience only. Skara Smallgoods Pty Ltd is not responsible for any loss or damage that may arise from your access to, and/or use of, third party websites, products and services.
(c) You may not use the Website other than for its intended purpose. You agree that you will not engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website. You agree not to, circumvent, disable or otherwise interfere with security-related features of the Website or attempt to do so or otherwise interfere with, or restrict, any person or visitor from accessing or using the Website.
4. Copyright and Intellectual Property
(a) The Website, the Content, and all of the related products of Skara Smallgoods Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Content are owned or controlled for these purposes, and are reserved by Skara Smallgoods Pty Ltd or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Skara Smallgoods Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license for your personal and non-commercial use only. Skara Smallgoods Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Content. All other rights are expressly reserved by Skara Smallgoods Pty Ltd .
(c) Skara Smallgoods Pty Ltd retains all rights, title and interest in and to the Website and all related Content. Nothing you do on or in relation to the Website will transfer any:
(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
(d) You may not, without the prior written permission of Skara Smallgoods Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
(e) Skara Smallgoods Pty Ltd reserves the right to terminate any licence granted to you under the Terms and/or remove any of your content from the Website, at any time, for any reason and without notice to you.
4. Newsletter/Catalogue Subscription
(a) By subscribing to Skara Smallgoods Pty Ltd’s newsletter, you agree to receive regular updates, promotions, and information related to Skara Smallgoods Pty Ltd’s products, services and content. The frequency of the newsletter may vary.
(b) All users must provide explicit consent to receive the newsletter.
(c) At any point, should you wish to discontinue receiving the newsletter, you can click on the “unsubscribe” link. Once you have unsubscribed, you will no longer receive any newsletters from Skara Smallgoods Pty Ltd, unless you choose to resubscribe in the future.
(d) Skara Smallgoods Pty Ltd does not warrant the accuracy, timeliness, or completeness of the information provided.
(e) Under no circumstances will Skara Smallgoods Pty Ltd be liable for any loss or damage caused by your reliance on information obtained through the newsletter. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information provided.
5. General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause 5, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii) Skara Smallgoods Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the Content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Website and the Content is at your own risk. Everything on the Website and the Content is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Skara Smallgoods Pty Ltd make any express or implied representation or warranty about the products or content (including the Products or Content of Skara Smallgoods Pty Ltd ) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Content, or any of its content related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Content or any of the products of Skara Smallgoods Pty Ltd ; and
(iv) the content or operation in respect to links which are provided for your convenience.
(d) To the maximum extent permitted by law, all typographical, clerical or other errors or omissions in information issued by us will be subject to correction without any liability on our part.
6. Food Information Disclaimer
(a) The information, including but not limited to, text, graphics, images, and other material contained on this Website, are for general information and educational purposes only. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision.
(b) This Website is not intended as a substitute for the informed advice of a qualified healthcare professional. You should always consult with a physician, dietician or other healthcare professional before making any decisions regarding your health, diet, or any dietary supplements.
(c) While Skara Smallgoods Pty Ltd strives to keep the information and Content on this Website accurate, complete, and up-to-date, Skara Smallgoods Pty Ltd make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Website or the information, products, Content, or related graphics contained on the website for any purpose.
(d) Any reliance you place on such information is therefore strictly at your own risk. We are not responsible for any actions or inaction on your part based on the information or Content that is presented on the Website.
(e) If you have or suspect you may have allergies or medical issues which may be affected by certain foods, or, after taking any of our products, find you may have or be experiencing side effects, you should promptly contact your health care provider.
(f) Any statements regarding dietary supplements are to be used at your discretion and are not intended to diagnose, treat, cure or prevent any disease.
7. Limitation of Liability
(a) Skara Smallgoods Pty Ltd ‘s total liability arising out of or in connection with the Content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Content to you.
(b) You expressly understand and agree that Skara Smallgoods Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
(c) You acknowledge and agree that Skara Smallgoods Pty Ltd holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the Website.
8. Termination of Contract
(a) If you want to terminate the Terms, you may do so by discontinuing your use of the Website.
(b) Skara Smallgoods Pty Ltd may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) Skara Smallgoods Pty Ltd is required to do so by law;
(iii) Skara Smallgoods Pty Ltd is transitioning to no longer providing the Content to users in the country in which you are resident or from which you use the service; or
(iv) the provision of the Content to you by Skara Smallgoods Pty Ltd, is in the opinion of Skara Smallgoods Pty Ltd, no longer commercially viable.
(c) Subject to local applicable laws, Skara Smallgoods Pty Ltd reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Content without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Skara Smallgoods Pty Ltd ‘s name or reputation or violates the rights of those of another party.
(d) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Skara Smallgoods Pty Ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
9. Indemnity
You agree to indemnify Skara Smallgoods Pty Ltd , its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
10. Dispute Resolution
10.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
10.2. Notice:
A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
10.3. Resolution:
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
(a) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the ;
(c) The Parties are equally liable for the fees and reasonable expenses of a
mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Australia.
10.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
10.5. Termination of Mediation:
If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
11. Venue and Jurisdiction
The Website offered by Skara Smallgoods Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of South Australia, Australia.
12. Governing Law
The Terms are governed by the laws of South Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of South Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
13. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Privacy
Skara Smallgoods Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or content are subject to Skara Smallgoods Pty Ltd ‘s Privacy Policy, which is available on the Website.