TERMS AND CONDITIONS
Terms and Conditions of Use for www.fcba.community
By accessing or otherwise using this website (Website), you agree to be bound by these Terms and Conditions of Use. This Website is owned and operated by Food Critics & Bloggers Australia (“FCBA”) ABN 48 602 658 622 (HIN Group Pty Ltd). You acknowledge that FCBA provides access to the Website to you subject to these Terms and Conditions of Use.
Products and Services
Parts of this Website may enable you to purchase products (Products) or subscribe to a data service (a Service). You cannot purchase any Product or subscribe to any Service available on this Website until you are a registered as a subscriber to this Website.
In order to become registered as a subscriber to this Website, you must provide your details in accordance with the instructions on the Website.
FCBA may refuse to register any person as a subscriber without giving a reason for such refusal. See section 18 re privacy.
Your passwords and account security
Access to parts of the Website, including those enabling you to purchase Products or subscribe to a Service, is password protected. If FCBA issues you with a password, you must memorise your password or store your password in a safe and secure place. Do not disclose your password to anyone.
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the relevant parts of Website. Accordingly, you agree that you will be solely responsible to FCBA for all activities that occur under your user name or other account details.
You understand and agree that all material, information and data (such as data files, written text, computer software, audio files, photographs, or other images) accessed or used by, or provided to, you through the Website (the Website Content) comprises the intellectual property of FCBA or any relevant third parties from whom FCBA may license that Website Content.
You may not modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Website Content (either in whole or in part) unless you have been specifically told that you may do so by FCBA or by the owners of that Website Content, in a separate agreement.
You understand that by using the Website you may be exposed to Website Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website, including obtaining and using any information, products and services, at your own risk.
Unless otherwise indicated, all intellectual property in the Website is owned or licensed by FCBA. Subject to these Terms and Conditions of Use, FCBA grants you a non-exclusive, non-transferable, limited licence (Licence) to view, download and use information directly accessible through the Website.
You agree that, subject to your use of the Website in accordance with the limited Licence granted to you, you will not infringe FCBA’s intellectual property in the Website and will not modify, copy, republish, frame, distribute or communicate any part of the Website or any information contained in it or otherwise use the Website in a way which will infringe FCBA’s intellectual property or other rights.
Any of the trademarks, service marks or logos displayed on the Website may be registered or unregistered marks (Marks) of FCBA. Nothing contained on the Website should be construed as granting any licence or right to use any of the Marks displayed on the Website without the express written permission of FCBA. Any unauthorised uses of the Marks are strictly prohibited.
Except as provided by law, the Website is provided “as is” and without any warranty or condition, express or implied.
FCBA does not warrant that the information contained in or accessible through the Website is accurate, suitable for your purposes or without errors, omissions or viruses. FCBA does not guarantee continuous, uninterrupted or secure access to the Website. You acknowledge that access and use of the Website (including the software operating in connection with the Website) may be interfered with by numerous factors outside of FCBA’s control. FCBA does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Website.
Subject to the provisions of the Competition and Consumer Act 2010 (Cth) (Consumer Act), FCBA makes no guarantees, representations or warranties in respect of the information and materials available on the Website or the means of accessing that information and material (including the software operating in connection with the Website). FCBA makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than FCBA which are or may become linked or framed to or from the Website.
Use of Information
is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent, degrading; infringes the intellectual or other proprietary interests of third parties; impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services FCBA considers to be inappropriate;
contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Website or otherwise breaches or encourages other users to breach these Terms and Conditions of Use; violates any law, statute or regulation; forges information to disguise the origin of any User Content; and encourages or incites any other person to engage in any of the above behaviour.
17.You grant to FCBA a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright you have in any User Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that User Content in FCBA’s favour.
Limitation of Liability
You agree that FCBA is not liable to you or anyone else for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss) arising as a result of breach of these Terms and Conditions of Use, in tort (including negligence) or otherwise arising out of, or in connection, with:
the use of the Website;
the use by FCBA of information provided by you to FCBA through the Website;
being unable to access the Website for whatever reason and however arising, including (without limitation) negligence; and
the use of your Website password by you or any third party to whom you have made the password available.
Subject to the Consumer Act, FCBA expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at FCBA’s sole discretion):
a) in the case of goods, any one or more of the following: 1. the replacement of the goods or supply of equivalent goods; 2. the repair of the goods; 3. the payment of the costs of replacing the goods or of acquiring equivalent goods; or 4. the payment of the costs of having the goods repaired; and
b) in the case of services: 1. the supply of the services again; or 2. the payment of the cost of having the services supplied again.
You indemnify FCBA against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by FCBA, arising from, or which is directly or indirectly, related to:
your breach or non-observance of any term of these Terms and Conditions of Use; or
any breach or inaccuracy in any representations or warranties made to FCBA.
Terminating your relationship with the FCBA
These Terms and Conditions of Use will continue to apply until terminated by either you or FCBA as set out below.
If you have registered as a subscriber to the Website and want to terminate your subscriber relationship with FCBA, you may do so by notifying FCBA in writing via email.
FCBA may, at any time, terminate its legal agreement with you if:
you have breached any provision of these Terms and Conditions of Use or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these Terms and Conditions of Use; or
FCBA is required to do so by law (for example, where the provision of products and services to you through the Website is, or becomes, unlawful).
If you breach any provision of these Terms and Conditions of Use, FCBA may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of the Website.
FCBA may alter any of the content on the Website at any time.
Amendment of Terms and Conditions of Use
FCBA is entitled, at its sole discretion, to amend, add or remove any part of these Terms and Conditions of Use at any time without notice. You should periodically read these Terms and Conditions of Use. Your continued use of this Website or any product or service obtainable through the Website after any such change to these Terms and Conditions of Use constitutes an agreement by you to abide by and be bound by these Terms and Conditions of Use, as amended.
Choice of Law and Use of the Website
These Terms and Conditions of Use are governed by the laws of the States of Australia. FCBA has designed the Website for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Website outside the Commonwealth of Australia. The Website is available only to people in Australia who can form legally binding contracts under applicable law.
Commission and Fees
In certain cases, FCBA may have a relationship with a third party whose website is linked to this Website. That third party may pay FCBA either a commission or a referral fee where you buy products from them based on a percentage of the gross payment received by that third party from you.