Terms and Conditions

These terms and conditions (hereinafter “Terms”) govern Your use of the following website (which is hereinafter referred to as “the Product”): haflagourmetdips.com.au

The Product is owned and operated by: Hafla Gourmet Dips.

These Terms constitute a binding contract between You and: Hafla Gourmet Dips.

In connection with Your use of the Product, we may also provide You with access to various other content, documentation, materials, information, goods, or services.

In these Terms, we refer to all of these items collectively as “the Items”.

These Terms will govern Your use of all pages of the Product, as well as Your use of the Items.

If You continue to use the Product, You acknowledge that You have been given the chance to review the Terms. You acknowledge that You understand the Terms and that You agree to be bound by the Terms.

If You do not understand the Terms, if You do not agree to be bound by the Terms, or if You need more time to review and consider the Terms, then You must stop using the Product immediately.

1. DEFINITIONS

“Australian Consumer Law” means the Australian Consumer Law which is contained in the Competition and Consumer Act 2010 (Commonwealth).

“Company IP” includes, but is not limited to, the contents, layout, design, colours, appearance, graphics, and imagery of the Product, Content, and Materials as well as all copyrights, trademarks, trade secrets, patents, and other intellectual property contained in the Product, Content, and Materials.

“Content” means any content, writing, images, audiovisual content, or other information published on the Product.

“Contract” means these terms and conditions.

“Dispute” means any dispute, controversy, or claim arising out of or in relation to these Terms, including any dispute, controversy, or claim relating to the existence, validity, or termination of these Terms.

“Effective Date” means the date that these Terms come into force.

“Items” means any and all of the Product, Services, Content, and Materials collectively.

“Materials” means any materials, information, or documentation that We may provide to You in connection with Your use of the Services or Product including documentation, data, information developed by Us or owned by Us, and other materials which may assist in Your use of Services or Product.

“Parties” means both You (the user of the Product) and Us (the owner of the Product) collectively.

“Product” means the website including all pages, all sub-pages, all blogs, all forums, all other connected pages, and all other connected internet content whatsoever, the home page or main page of which is located at: haflagourmetdips.com.au

“Services” means any or all services provided by or on the Product.

“Terms” means these terms and conditions.

“Us”, “We”, “Our” or “the Owner” refers to Hafla Gourmet Dips.

“Us”, “We”, “Our” or “the Owner” also includes any employees, affiliates, agents, or other representatives of Hafla Gourmet Dips.

“You” or “Your” refers to the user of the Product.

“Your Content” means any Content posted to or added to the Product, Content, or Materials by You or by somebody authorised by You or doing so on Your behalf.

2. INTERPRETATION

a. In these Terms, unless the context otherwise requires, the following rules of interpretation shall apply:

I. Words referring to one gender include every other gender.
II. Words referring to a singular number include the plural, and words referring to a plural include the singular.
III. Words referring to a person or persons includes companies, firms, corporations, organisations, and vice versa.
IV. Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.

3. YOUR AGREEMENT AND REPRESENTATIONS

a. By continuing to use the Product and the Items, You warrant and acknowledge that You have had the chance to review and consider the Terms, that You understand the Terms, and that You agree to be bound by the Terms. If You do not understand the Terms or do not agree to be bound by them, then You must stop using the Items immediately. We only agree to provide use of the Items to You if You agree to these Terms.
b. By continuing to use the Product and the Items, You represent and warrant to Us that You have the legal capacity to enter these Terms.
c. By continuing to use the Product and the Items, You represent and warrant to Us that You have complied with all of these Terms.

4. LICENCE TO USE PRODUCT, CONTENT AND MATERIALS

a. We may provide You with certain other Items in connection with Your use of the Product.
b. Subject to these Terms, We grant You a licence to use the Product, Content, and Materials solely in connection with Your use of the Items. The licence created under these Terms is non-exclusive, limited, non-transferable, worldwide, and revocable.
c. You may not use the Product, Content, or Materials for any purpose other than in accordance with the licence that is provided under this clause, and this licence to use the Product, Content, and Materials terminates upon Your cessation of use of the Items or upon termination of this Contract.

5. SALE OF GOODS/SERVICES

a. We may sell Services or may allow third parties to sell Services on the Product. If this occurs, then some specific exclusions of liability will apply, as described in the “Exclusion of Liability” clause.
b. Please refer to Our additional terms and conditions for the sale of services as applicable.

6. EXCLUSION OF LIABILITY

a. The Product, Content, and Materials are provided for general information only and may change at any time without prior notice.
b. You accept and acknowledge that the Items may contain mistakes, errors, and inaccuracies.
c. Your use of the Product, Content, and Materials is entirely at Your risk. It is Your responsibility to make sure that any Goods, Services, Materials, Content, or other information available through the Product suits Your particular purpose.
d. Neither We, nor any third parties, provide any guarantees or warranties regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality, or suitability for a particular purpose of the Items.
e. To the maximum extent permitted by law, We hereby expressly exclude all warranties, guarantees, representations, or terms (whether express or implied) except for those expressly set out in these Terms.
f. To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality, or suitability for a particular purpose of the Items.
g. To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to loss of data, interruption to Your business, or any damages which are incidental to or arise from such loss of data or interruption to business.
h. To the maximum extent permitted by law, We will not be liable for any damage, loss, cost, or expense including legal costs and expenses, whether direct or indirect, incurred by You in connection with Your use of the Items.

7. NO PROFESSIONAL ADVICE

You might use the Product or other Items to consult with Us directly in order to seek professional advice. Aside from any information provided to You directly from Your professional adviser after a direct consultation between You and Your professional adviser and after Your professional adviser has considered Your particular circumstances:
a. The information provided through the Product, Content, Materials, or through the other Items is for information purposes only. It does not address Your specific circumstances. It is not professional advice.
b. You acknowledge and agree that any information provided on the Product, Content, Materials, or through the other Items is not professional advice.
c. You acknowledge and agree that Your use of the Product and Items is at Your own risk. We do not assume responsibility or liability for any information provided through the Product or other Items.
d. You acknowledge and agree that it is Your responsibility to evaluate all information that is provided through the Product or other Items in consultation with Your own professional adviser or advisers as appropriate.
e. You acknowledge and agree that Your use of the Product does not create a fiduciary relationship between Us and You.
f. You acknowledge and agree that a fiduciary relationship may only be created between You and Your professional adviser after You have a direct consultation with Your professional adviser.

8. INDEMNITY

You hereby indemnify Us (which, for the sake of clarity, also includes any of Our employees, affiliates, agents, or other representatives) and You agree to defend Us and to hold Us harmless in relation to any and all claims, suits, demands, actions, liabilities, costs, and expenses (including legal costs and expenses on a full indemnity basis) which may arise from or relate to Your use or misuse of the Items. You agree that We may select Our own legal representation and may participate in Our own legal proceedings if We choose.

9. TERMINATION

a. We may immediately terminate these Terms at any time, with or without cause.
b. We specifically reserve the right to terminate these Terms if You breach these Terms in any way.
c. These Terms terminate automatically if we cease to operate the Product for any reason.
d. If You have registered for an account with Us, You may terminate these Terms at any time by contacting Us and requesting termination.
e. At the termination of these Terms, any provisions which would be expected to survive termination by their nature shall remain in full force and effect. This includes, but is not limited to, the following provisions: “Exclusion of Liability,” “Indemnity,” and “Intellectual Property.”

10. INTELLECTUAL PROPERTY

a. You agree that the Product, Content, and all other Items are the property of Hafla Gourmet Dips, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Our IP”). You agree that Hafla Gourmet Dips owns all rights, title, and interest in and to Our IP and that You will not use Our IP for any unlawful or infringing purpose.
b. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from Us.
c. You may from time to time submit suggestions or proposed additions to Our IP. If You do so, You hereby grant Us a royalty-free, non-exclusive, worldwide, irrevocable, perpetual licence to use, distribute, transmit, or broadcast, as well as to create derivative works of or from, any such suggestion or proposed addition to Our IP.
d. If You feel that any of Your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of Our users, please contact Us, and let Us know.

11. REVERSE ENGINEERING AND SECURITY

You agree not to undertake any of the following actions:

a. Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Product or Items.
b. Violate the security of the Product or Items through any unauthorised access, circumvention of encryption, or other security tools, data mining, or interference with any host or User or network.

12. SPAM POLICY

You are strictly prohibited from using the Product or any of Our Items for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

13. MODIFICATION & VARIATION

a. We may, from time to time and at any time without notice to You, modify these Terms. You agree that We have the right to modify these Terms or revise anything contained herein. You further agree that all modifications to these Terms are in full force and effect immediately upon posting on the Product and that modifications or variations will replace any prior version of these Terms, unless prior versions are specifically referred to or incorporated into the latest modification or variation of these Terms.
b. To the extent any part or sub-part of these Terms is held ineffective or invalid by any court of law, You agree that the prior, effective version of these Terms shall be considered enforceable and valid to the fullest extent.
c. You agree to routinely monitor these Terms and refer to the Effective Date posted at the top of these Terms to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of these Terms.
d. You agree that Your continued use of the Product after any modifications to these Terms is a manifestation of Your continued assent to these Terms.
e. In the event that You fail to monitor any modifications to or variations of these Terms, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified or varied Terms.

14. ENTIRE AGREEMENT

These Terms constitute the entire understanding between the Parties with respect to any and all use of this Product. This agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the Parties’ relationship.

15. SERVICE INTERRUPTIONS

We may need to interrupt Your access to the Product to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Product may be affected by unanticipated or unscheduled downtime, for any reason, but that We shall have no liability for any damage or loss caused as a result of such downtime.

16. TERM, TERMINATION & SUSPENSION

a. We may terminate these Terms with You at any time for any reason, with or without cause.
b. We specifically reserve the right to terminate these Terms if You breach any of the Terms outlined herein, including, but not limited to, violating Our intellectual property rights or failing to comply with applicable laws.
c. If You have registered for an account with Us, You may also terminate these Terms at any time by contacting Us and requesting termination.
d. At the termination of these Terms, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
e. You agree that We are under no obligation to provide the Product or Items, and that We may not be liable to any party for any suspension, interruption, or termination of access to the Product or Items.

17. NO WARRANTIES

a. You agree that Your use of the Product and Items is at Your sole and exclusive risk and that any Items provided by Us are on an “As Is” basis. We hereby expressly disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability.
b. We make no warranties or guarantees regarding the accuracy, completeness, or suitability of the Items.
c. We make no warranties or guarantees regarding the reliability or security of the Items.
d. You agree that any damage that may occur to You through Your computer system, or as a result of loss of Your data from Your use of the Product or Items is Your sole responsibility, and that We are not liable for any such damage or loss.

18. LIMITATION ON LIABILITY

a. We are not liable for any damages that may occur to You as a result of Your use of the Product or Items to the fullest extent permitted by law. The maximum liability of Hafla Gourmet Dips arising from or relating to these Terms is limited to the greater of one hundred ($100) Australian Dollars or the amount You paid to Hafla Gourmet Dips in the last six (6) months. This applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

19. GENERAL PROVISIONS

a. LANGUAGE: All communications made or notices given pursuant to these Terms shall be in the English language.
b. JURISDICTION, VENUE & GOVERNING LAW: Through Your use of the Product or Items, You agree that the laws of New South Wales shall govern any matter or dispute relating to or arising out of these Terms, as well as any dispute of any kind that may arise between You and Hafla Gourmet Dips, with the exception of its conflict of law provisions. In case any litigation specifically permitted under these Terms is initiated, the Parties agree to submit to the personal jurisdiction of New South Wales, Australia. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature.
c. ASSIGNMENT: This agreement shall be binding on the Parties’ successors and assigns.
d. SEVERABILITY: If any part or sub-part of these Terms is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such a condition, the remainder of these Terms shall continue in full force.
e. NO WAIVER: In the event that We fail to enforce any provision of these Terms, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of these Terms will not constitute a waiver of any other part or sub-part.
f. HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under these Terms are for convenience and organisation only. Headings shall not affect the meaning of any provisions of these Terms.
g. NO AGENCY, PARTNERSHIP, OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of these Terms. No Party has any authority to bind the other to third parties.
h. FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond Our reasonable control, including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
i. ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under these Terms, including email or fax. For any questions or concerns, please email Us at the following address: info@hafla.com.au