Terms of Use


Introduction

The Australian Food & Grocery Council ABN (23 068 732 883) (“Australian Food & Grocery Council”) owns and operates this website, wearefromhere.com.au (“Website”) in association with Centre Ground Limited ABN (624 591 859) (“Centre Ground”) owns and operates this website, www.forthecommongood.com.au (“Website”).

By accessing or using the Website, you agree to accept and comply with the terms, conditions, notices and disclaimers contained in the terms and conditions, the Privacy Policy and elsewhere on the Website (collectively referred to as “Terms and Conditions”).

The Terms and Conditions govern the use of this Website.

The Australian Food & Grocery Council and Centre Ground reserves the right to amend these Terms and Conditions at any time with out notice. You are therefore encouraged to check this document regularly.

Applicable law
The Terms and Conditions are governed by and to be construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia. In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms and Conditions will remain in full force and effect.

The Australian Food & Grocery Council and Centre Ground makes no representation that the content of this Website complies with the laws of any country outside Australia. All rights not expressly granted herein are reserved.

Links to Third Party Sites, Content and Advertisements
The Australian Food & Grocery Council and Centre Ground assumes no responsibility and accepts no liability for the condition or content of any third party websites that may be linked to or accessed from the Website. Except as the Australian Food & Grocery Council and Centre Ground may specifically direct otherwise, the Australian Food & Grocery Council and Centre Ground does not authorise the content of those third party websites. Website may also contain third party advertisements or other content that contain embedded hyper-links to external websites operated by third parties. The placement of third party advertisements or content on the Website does not necessarily constitute the recommendation or endorsement of theAustralian Food & Grocery Council and Centre Ground for such goods or services, or content. The third party advertiser or content provider is solely responsible to you for any representations or offers made by it, and for any goods or services that you agree to purchase from those third parties.

Competitions and Promotions
The Website may contain competitions or promotions from the Australian Food & Grocery Council and Centre Ground or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the Website from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, the Australian Food & Grocery Council and Centre Ground specifically retains the right, at any time and without notice, to remove, alter or add to competitions or promotions on the Website without any liability to you.

Intellectual Property & Restrictions On Use Of Content
The Website is subject to copyright under Australian law and, under international treaties, and the laws of many other countries. The Website contains trademarks, intellectual property and copyright protected works which are owned by the Australian Food & Grocery Council and Centre Ground, and third parties. Except for the direct purpose of viewing, accessing or interacting with the Website for your own personal use or as otherwise indicated on the Website or these Terms and Conditions, you must not copy, communicate to the public, adapt, transfer, distribute or store any of the contents of the Website, or incorporate any part of the Website into another website without the express consent of the Australian Food & Grocery Council and Centre Ground.

You agree that you are fully responsible for any materials you submit via the Website including but not limited to comments and forum messages (“Content”). The Australian Food & Grocery Council and Centre Ground shall not be liable in any way for such Content to the full extent permitted by law. The Australian Food & Grocery Council and Centre Ground may remove or decline to publish any Content without notice for any reason whatsoever. You warrant and agree that:

(a) you will not submit any Content that is unlawful or fraudulent, or the Australian Food & Grocery Council and Centre Ground may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children, or otherwise unsuitable for publication;

(b) your Content shall not contain viruses or cause injury or harm to any person or entity;

(c) your Content is your original work and does not infringe the rights of any third party;

(d) you consent to any use of your Content which may otherwise infringe your moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that you have the full authority to grant these rights; and

(e) you will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.

Without limiting any other terms herein, you agree to indemnify the Australian Food & Grocery Council and Centre Ground for any breach of the above terms.

As a condition of using this Website and submitting any Content, you grant the Australian Food & Grocery Council and Centre Ground, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display your Content for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.

Disclaimer and liability
The Website is provided on an “as is” basis. While the Australian Food & Grocery Council and Centre Ground has used its best endeavours to ensure that the information contained on and accessed through the Website is correct and current at the time of publication, the Australian Food & Grocery Council and Centre Ground does not accept responsibility for any error, omission or defect in the information.

To the fullest extent permissible by law, the Australian Food & Grocery Council and Centre Ground, its affiliated companies and their respective directors, employees, agents and contractors:

(a) Do not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the Website, your access to the Website or results of your access, or the information, content, materials or products on the Website; and

(b) Do not warrant that the functions on the Website will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits content to you is free of viruses or other harmful components.

Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth.), as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth.) or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, under no circumstances (including but not limited to any act or omission on the part of the Australian Food & Grocery Council and Centre Ground, its affiliated companies or their respective directors, employees, agents and contractors) will the Australian Food & Grocery Council and Centre Ground, its affiliated companies or their respective directors, employees, agents or contractors accept liability for any direct, indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access the Website.

Indemnity
You agree to indemnify and keep indemnified the Australian Food & Grocery Council and Centre Ground, its affiliated companies and their officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to the your use of the Website (or any part of the Website) or the violation of these Terms and Conditions by you, or the infringement by you, of any intellectual property or other right of any person or entity.

Termination and Cancellation
The Australian Food & Grocery Council and Centre Ground reserves the right in its sole discretion to revise the content of, amend links from, or withdraw access to the Website, at any time without notice. Without limiting the operation of any other Terms and Conditions herein, the Australian Food & Grocery Council and Centre Ground will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on the liability of the Australian Food & Grocery Council and Centre Ground will survive such termination.