Terms & Conditions

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.

“ROBOT COUPE MICROMIX” PROMOTION

TERMS AND CONDITIONS

  1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  1. Entry is only open to Australian residents aged 18 years or over. Employees (and their immediate families) of the Promoter, and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st
  1. Promotion commences on 23/05/2017 and ends at 5pm AEDST on 30/06/2017 (“Promotional Period”).
  1. To enter, individuals must, during the Promotional Period: (a) visit http://eepurl.com/fimiA; (b) follow the prompts and sign up to receive Hello Foodservice video program and Hello Foodservice Rep eMagazine; and (c) provide a 25 words or less response to the question: “Which 2017 food trend is your business getting behind and why?”
  1. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
  1. Incomplete, indecipherable, or illegible entries will be deemed invalid.
  1. Only one (1) entry permitted per person.
  1. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
  1. The judging will take place at the Promoter’s office after the end of the Promotional Period. The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant.
  1. The winners will be notified by email and announced on the Hello Foodservice Facebook page.
  1. This is a game of skill and chance plays no part in determining the winner. All entries will be judged based on literary and creative merit of the answer provided to the 25 words or less promotional question.
  1. The Promoter’s decision is final and no correspondence will be entered into.
  1. The 6  best valid entries, as determined by the judges, will win a Robot Coupe MicroMix valued at $365.
  1. If for any reason the winners do not take the prize at the time stipulated by the Promoter, then the prize will be forfeited and will not be redeemable for cash.
  1. If the prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification.
  1. Prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  1. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
  • they will not submit any Content that is unlawful or fraudulent, or that the Promoter 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 aged under 15, or otherwise unsuitable for publication;
  • their Content shall not contain viruses or cause injury or harm to any person or entity;
  • they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
  • the Content is the original work of the entrant that does not infringe the rights of any third party;
  • they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
  • they 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, the entrant agrees to indemnify the Promoter for any breach of the above terms.

  1. As a condition of entering this promotion, each entrant licenses and grants the Promoter, 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 their entry (which shall include 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.
  1. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
  1. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
  1. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
  1. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
  1. 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, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
  1. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) the prize.
  1. The Promoter collects personal information (“PI“) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at www.foodservicegateway.com.au/privacy-policy.  In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose entrant’s personal information to any entity outside of Australia.
  1. The Promoter is The Armory Pty Ltd (ABN 48 000 530 423) of 53 Walker Street, North Sydney NSW 2060.
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