Introduction
This web site ‘Foodservice Gateway’ and its contents (“Web Site”) is owned and operated by The Armory Pty Ltd (A.C.N.000 530 423) [“The Armory”].
By accessing or using the Website, you agree to accept and comply with the terms, conditions, notices and disclaimers contained in these terms and conditions, the Privacy Policy and elsewhere on the Website (known collectively as “Terms and Conditions”).
The Terms and Conditions govern the use of this Web Site.
The Armory reserves the right to amend these Terms and Conditions at any time with out notice. We therefore encourage you to check this document regularly
Applicable law
The Terms and Conditions are governed by and to be construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales, 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 Armory makes no representation that the content of the Website complies with the laws of any country outside Australia. All rights not expressly granted herein are reserved.
Intellectual property & restrictions on use of content
The Web Site is subject to copyright under Australian law and, under international treaties, and the laws of many other countries. You acknowledge that the Web Site contains trademarks, intellectual property and copyright protected works (“Intellectual Property”) which is owned by The Armory, and third parties including advertisers. You must not make any representation to the contrary and you must not use or copy content from the Web Site in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property or prejudice those rights. In certain instances, as indicated on the Web Site, materials from the Web Site can be downloaded, including recipes and brochures. If you download materials from the Web Site, you must not republish or retransmit the materials or any part thereof, and you acknowledge that the Intellectual Property in those materials will remain the property of the respective owner.
Links to Third Party Sites & Third Party Advertisements
The Armory assumes no responsibility and accepts no liability for the condition or content of third party web sites that may be linked to or accessed from the Web Site. Except as The Armory may specifically direct otherwise, The Armory does not authorise the content of those third party web sites. The Web Site may also contain third party advertisements which contain embedded hyper-links to web sites operated by third parties. The placement of third party advertisements on this Web Site does not necessarily constitute the recommendation or endorsement of The Armory for such goods or services. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase from those third parties.
Competitions and Promotions
Certain parts of the Web Site may contain competitions or promotions from The Armory or third parties, including advertisers. The terms and conditions for those competitions and promotions will be specified on the relevant part of the Web Site 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 Armory specifically retains the rights, at any time and without notice, to remove, alter or add to competitions or promotions on the Web Site without any liability to you.
Sample offer terms and conditions
In addition to the terms and conditions displayed on the Web Site, these further specific terms and conditions apply to any sample offer advertised on the Web Site
(a) Limit of one (1) sample per eligible individual;
(b) Each sample offer will have a limit on the number of samples available. Accordingly, each sample offer is only available while stocks of the relevant sample last or any time frame indicated, whichever is the earlier;
(c) Each sample offer is only available to individuals who are employed within the food service industry. The Armory reserves the right to verify the eligibility of an individual to claim a sample;
(d) The Armory is not responsible for late, lost or misdirected claims;
(e) The sample offer may not be available to people who live in some locations. The Armory reserves the right to not accept claims from people who reside in these locations; and
(f) By submitting a claim, the individual accepts The Armory’s privacy policy.
Material submitted by Web Site uses
By submitting material to any of our servers, for example, by e-mail or via the Web Site, you agree that: (a) the material will not contain any item that is unlawful or otherwise unfit for publication, including material which is offensive and/or derogatory; (b) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material; (c) you own the material or have the unlimited right to provide it to The Armory and The Armory may publish the material free of charge and/or incorporate it or any concepts described in it in The Armory’s products or services without accountability or liability; (d) you agree to comply with all applicable laws when using the Web Site, and not use the Web Site to send or transmit spam; and (e) you agree not to take action against The Armory in relation to material that you submit and you agree to indemnify The Armory if any third party takes action against The Armory in relation to the material you submit.
Disclaimer and liability
While The Armory has used its best endeavours to ensure that the information contained on and accessed through the Web Site is correct and current at the time of publication, The Armory, to the extent permitted by law, does not accept responsibility for any error, omission or defect in the information.
To the fullest extent permissible by law, The Armory, its affiliated companies, and their 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 Web Site, your access to the Web Site or results of your access, or the information, content, materials or products on the Web Site; and
(b) Do not warrant that the functions on the Web Site 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.
Subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of The Armory , its affiliated companies, and their directors, employees, agents and contractors) will The Armory, its affiliated companies and their directors, employees, agents or contractors accept any liability for any loss or damage, including for any 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 Web Site, or arising out of or in connection with any goods or services supplied by The Armory.
The Armory assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, computer viruses, bugs, unauthorized intervention, fraud, technical failures, theft or destruction, or unauthorized access to or alteration of any information provided by a website user.
Indemnity
You agree to indemnify and keep indemnified The Armory, 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, that you may suffer or incur in relation you use or access to the Web Site, or 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 Web Site (or any part of it) 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 Armory reserves the right in its sole discretion to revise the content of, amend links from, or withdraw access to the Web Site, at any time without notice. Without limiting the operation of any other Terms and Conditions herein, The Armory 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 Armory’s liability will survive such termination.
