Terms and Conditions
Lloyd Foods Pty Ltd (ACN 604 779 106) (‘Lloyd Foods’, ‘we’, ‘our’ and ‘us’) owns and operates the website located at www.lloydfoods.com.au including all password protected areas and subdomains of such website and all related top-level domains, mobile sites, apps, applications, APIs and widgets (‘Website’). By visiting, accessing, browsing, viewing, using and/or otherwise engaging with (‘Using’) the Website (including by contacting us via the Website or using the contact details located on the Website), you agree to these Website Terms and Conditions, which include our privacy policy and collection notice located at www.lloydfoods.com.au, as amended from time to time (‘Privacy Policy’).
These Website Terms and Conditions and the Privacy Policy are collectively referred to in this document as the ‘Terms’. You should carefully review the Terms, and, if you do not agree to them, immediately cease Using the Website.
The Terms may be amended at any time and we recommend that you refer to the Terms each time you Use the Website. The amended Terms will be effective from the date they are posted on the Website. Your continued Use of the Website will constitute your acceptance of the amended Terms. Any rights you have to Use the Website will immediately cease if you breach any provision of the Terms.
If you do not comply with the Terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have, including taking any action in the future.
1. Using the Website and contacting us
You do not need to be a registered Lloyd Foods customer in order to Use the Website. Additional terms and conditions apply to customers of Lloyd Foods, which are contained in separate documents including terms of trade and credit applications.
If you would like to contact us, including in order to apply to become a customer of Lloyd Foods, you can contact us via the contact form on the Website, call us on +61 3 8768 8880 or email us at sales@lloydfoods.com.au. By providing us with your contact details (including via the contact form on the Website, or by applying to become a customer of Lloyd Foods) you agree that we may send you marketing and promotional messages and other information in accordance with the terms set out in our Privacy Policy.
You must ensure that any ‘personal information’ you provide to us (as that term is defined in our Privacy Policy), including your name, phone number, email address and postcode, is accurate and current. We will handle all ‘personal information’ we collect in accordance with our Privacy Policy. You warrant that:
– all information provided by you to us through the Website or otherwise is true, accurate, complete and up to date; and
– if you have applied, or are applying, to become a customer of Lloyd Foods, you will promptly notify us of any changes to your information provided to us.
2. Third Party Content and linked sites
The Website contains content provided to us by other parties, including but not limited to images and descriptions of, and information concerning, food products (including ingredient lists, nutritional and dietary information, packaging information, product weight and quantity, storage requirements and pallet configuration) (‘Third Party Content’). We have not independently verified any Third Party Content. To the maximum extent permitted by law, we are not responsible for, do not endorse and make no representations either expressly or impliedly concerning Third Party Content, including any representations that the Third Party Content is true, accurate, complete or up-to-date. You rely on Third Party Content completely at your own risk.
The Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
3. Accuracy, completeness and timeliness of information
The information, data, content, materials and images on the Website, including Third Party Content (‘Website Content’) is not comprehensive. While we use reasonable attempts to check the accuracy of the information on the Website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the Website Content. You should monitor any changes to the Website Content from time to time.
You should not rely on the accuracy of any Website Content, and you should make your own inquiries before making any decision.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the Use of the Website or a linked website. You must take your own precautions to ensure that whatever you select for your Use from the Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the Website and/or the Website Content (including the Terms and any product descriptions or information). However, we do not undertake to keep the Website or the Website Content updated. We are not liable to you or anyone else if errors occur in the Website Content, or if the Website Content is not up-to-date.
4. Promotions and competitions
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and the Terms, those terms and conditions will prevail.
5.Intellectual property rights
Unless otherwise indicated, the Website, its underlying code, all related technology, all content, materials and images in any format on the Website, all enhancements, modifications and derivative works, and all intellectual property rights in the foregoing (including without limitation trade marks, copyright, logos and design marks, service marks, trade names, business names, brand names, designs, domain names and all applications and rights to apply for registration of such intellectual property rights and the right to take action against any third party for infringement of any of those intellectual property rights) anywhere in the world, whether statutory, common law or otherwise (‘Our IP’), are owned by, or licensed to, Lloyd Foods or its related parties.
Your Use of the Website and use of and access to any of Our IP does not grant or transfer any rights, title or interest to you in relation to the Website or Our IP. However, we do grant you a licence to access the Website and view Our IP in accordance with the Terms and, where applicable, as expressly authorised by us and/or our third party licensors.
You must not infringe Our IP and must not modify, copy, republish, frame, distribute or communicate any part of Our IP without our prior written consent or otherwise Use the Website in a way which will infringe our intellectual property or other rights.
We grant you permission to download our copyright material only for purposes necessary for you to access our services. You must not reproduce or use Our IP for any other purpose without our prior written consent, which may be given subject to such conditions as we in our absolute discretion may impose.
All rights not expressly granted are expressly reserved to the maximum extent permitted by law.
6. Restrictions on use of Website
In Using the Website you agree that you will not:
– use any automated device, software, process or means to access, retrieve, scrape, or index the Website, any Website Content or Our IP without our express written consent;
– use any device, software, process or means to interfere or attempt to interfere with the proper working of the Website;
– undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we consider unreasonable or disproportionate site usage;
– use or index any Website Content or Our IP for purposes of competing with us in any manner that we have not specifically authorised;
– transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
– use any robots or other software tool designed to automatically emulate the actions of a human user;
– violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
– pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
– reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Website, any Website Content or Our IP, except as expressly authorised by us;
– transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature;
– use the Website, or use any Website Content or Our IP, in any manner which is in our opinion not reasonable and/or not for the purpose it is ma de available; or
– act in breach of any term or condition of use or other term or condition imposed by us or any law.
We reserve the right to exercise whatever means we consider necessary to prevent unauthorised Use of the Website, including instituting technological barriers, or reporting your conduct to any person, entity or governmental or other authority.
7. Reporting violations
You may report any suspected violation of the Terms to us by emailing sales@lloydfoods.com.au. We will investigate the matters and take any actions we consider appropriate.
8. Warranties and disclaimers
The Website is provided ‘as-is’ and ‘as available’ without any express or implied warranty.
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about the Website or any Website Content, including but not limited to warranties or representations that they will be true, accurate, complete or up-to-date, that Use of them will be uninterrupted or error-free or free from viruses, or that the Website will be secure.
You acknowledge that Use of the Website (including the software operating in connection with the Website) may be interfered with by numerous factors outside of our control.
We cannot ensure that any files you download from the Website will be free of viruses or contamination or destructive features or that the data you upload onto our systems will never be Used without our consent or that our systems are impenetrable.
We are not responsible for loss of or corruption of any data that is entered or uploaded by you or by a third party (including your employees, officers, contractors or customers) in relation to your Use of the Website.
We reserve the right to restrict, suspend or terminate without notice your Use of the Website, any Website Content, any feature of the Website and/or Our IP (including copyright material) at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
9. Liability
To the maximum extent permitted by law, we and our related entities, directors, officers and agents are not liable to you or anyone else for any loss or damage (including any direct, indirect, special or consequential loss) whether in contract, tort (including negligence) breach of statutory duty or otherwise arising out of, or in connection with, your Use of the Website and/or the Website Content, or as a result of the inaccessibility of the Website or any Website Content and/or the fact that certain Website Content (including Third Party Content) is untrue, incorrect, incomplete or not up-to-date.
10. Australian Consumer Law
If you constitute a consumer under the Australian Consumer Law while Using the Website and/or related goods or services, nothing in the Terms is intended to remove your rights under the Australian Consumer Law, including to statutory guarantees that may apply to your Use of the Website or your acquisition of related goods or services. If we are entitled to limit the remedies available to you for breach of such guarantees, we expressly limit our liability to either supplying the affected goods or services again or paying the cost of supplying the goods or services again.
11. Severance
If any provision of the Terms (or part of such a provision) is unenforceable, that provision (or part) shall be deemed severed from the Terms and shall not affect the validity and enforceability of the remaining provisions (or of the remaining parts of the relevant provision).
12. Jurisdiction and governing law
Your Use of the Website, and the Terms, are governed by the laws of the State of Victoria, Australia and you agree to submit to the non-exclusive jurisdiction of its courts.
13. Survival of Terms
All provisions of the Terms that by their nature should survive termination of your Use of the Website shall survive including all limitations on liability, disclaimers, jurisdiction and governing law and intellectual property protections.
