TERMS OF SERVICE
This document outlines the terms under which you may use our Website. Please read these Terms and Conditions carefully before using the Website.
1. Acceptance of Website Terms and Conditions
1.1. By using our Website or Social Media, you fully accept these Terms and Conditions.
1.2. If you do not accept these Terms and Conditions, you must not use our Website or Social Media.
2. Acceptable Use
2.1. We grant you a non-exclusive, non-transferable, revocable, limited licence to:
(a) Access and use information from the Website or Social Media;
(b) Purchase goods or services from the Website or Social Media;
(c) Share or repost content on personal social media accounts for non-commercial purposes.
2.2. You must not:
(a) Damage or interfere with the Website or Social Media;
(b) Use it for illegal, fraudulent, or harmful purposes;
(c) Store, transmit, or distribute malicious software;
(d) Conduct systematic or automated data collection activities.
3. Intellectual Property Rights
3.1. All intellectual property in the Website, Social Media, and content is owned or licensed by us.
3.2. You may view, download, and print a single copy of content for personal use only.
3.3. You must not, for commercial or financial gain:
(a) Republish any content from the Website;
(b) Present any content in public;
(c) Exploit any content for commercial purposes unless expressly permitted;
(d) Edit or modify content;
(e) Redistribute content unless expressly permitted.
4. Registration
4.1. You must become a registered user to access certain services on the Website.
4.2. You must:
(a) Provide accurate personal information;
(b) Not create accounts with false information;
(c) Not transfer or share your account;
(d) Keep your username and password secure;
(e) Agree to be bound by any additional terms for registered users.
4.3. We may suspend or terminate your membership if:
(a) You breach any of these Terms and Conditions;
(b) You make an inappropriate comment or breach posting guidelines.
5. Posting Policy
5.1. You may upload posts to the Website or Social Media, subject to this clause.
Intellectual Property Rights
5.2. By uploading content, you grant us a non-exclusive, transferable, royalty-free, worldwide licence to:
(a) Copy, reformat, edit, or translate;
(b) Publicly perform or present;
(c) Distribute for commercial or advertising purposes;
(d) Incorporate into our Website or Social Media.
Prohibited Posts
5.3. You must not upload content that:
(a) Promotes illegal activities or violence;
(b) Is defamatory, pornographic, abusive, or incites hatred;
(c) Is misleading, fraudulent, or includes malicious software;
(d) Infringes on others’ rights, including intellectual property rights;
(e) Advertises external businesses or services.
Your Warranty in Posts
5.4. You warrant that you:
(a) Have the right to upload the content;
(b) Own the content and can assign intellectual property rights to us;
(c) Comply with these Terms and Conditions.
5.5. We may, at our discretion, pre-screen, reject, or remove any content.
6. Third-Party Websites and Materials
6.1. We do not verify or endorse third-party content or websites linked to our platform.
6.2. We provide no warranties regarding third-party content, its accuracy, or potential infringement on intellectual property rights.
7. No Warranty
7.1. The Website and Social Media are provided ‘as is’. We disclaim all responsibility for:
(a) Availability of the Website or Social Media;
(b) Accuracy of content or its freedom from malicious software;
(c) Fitness for a particular purpose.
7.2. Content on the Website does not constitute professional advice.
8. Limitation of Liability
8.1. To the maximum extent permitted by law, we are not liable for any:
(a) Errors or omissions in content;
(b) Unavailability or interruptions to the Website or Social Media;
(c) Loss of data or consequential damages.
8.2. Our liability is limited, at our discretion, to:
(a) Replacement or repair of goods;
(b) Re-supply of services;
(c) Payment for equivalent goods or services.
9. Indemnity
9.1. You agree to indemnify us against any liability arising from:
(a) Your breach of these Terms and Conditions;
(b) Claims related to your use of the Website or Social Media.
10. Cookies Policy
11. Breach of Terms and Conditions
11.1. If you breach any of these Terms and Conditions, we may take actions including but not limited to:
(a) Issuing a warning;
(b) Suspending or prohibiting your access;
(c) Initiating legal proceedings.
12. Termination
13. Jurisdiction
13.1. These Terms and Conditions are governed by the laws of Western Australia, Australia, and any disputes will be subject to the jurisdiction of its courts.
14. Amendments
15. Entire Agreement
15.1. This Agreement supersedes all prior agreements and constitutes the entire understanding regarding your use of the Website or Social Media.
16. Assignment
16.1. We may transfer our rights and obligations under these Terms and Conditions without notifying you.
16.2. You may not transfer your rights and obligations.
17. Severability
17.1. If any part of these Terms and Conditions is deemed invalid, the rest remains enforceable.
18. Survival of Certain Terms
18.1. Certain provisions of these Terms, including intellectual property rights and indemnities, will survive termination.
19. Definitions
19.1. For the purposes of this Agreement:
(a) “Agreement” means these Terms and Conditions.
(b) “Content” refers to all materials on the Website or Social Media, including text, images, and videos.
(c) “Post” refers to content uploaded by users.
(d) “Website” refers to www.culina.au.
(e) “We”, “Us”, or “Our” refers to CulinaAustralia, ABN 58284598677, Brent Smith
(f) “You” or “Your” refers to users of the Website.