Website Terms and Conditions

In these terms and conditions, “we” “us” and “our” refers to Adelaide Food Fringe Incorporated (“AFF“). Your access to and use of all content on this website is provided subject to the following terms and conditions. The information is intended for residents of Australia only.

By accessing and using this website, you signify your assent to these terms and conditions. If you do not agree to these terms and conditions, please do not use the website.

We reserve the right to amend this notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.

Site Access

When you visit our website, we give you a limited licence to access and use our information for personal use. You are permitted to download a copy of the material or information on this website to your computer for your personal use only, provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. You may not, however, distribute, reproduce, republish, display, modify, transmit, reuse, repost, link to, or use any materials of the website for public or commercial purposes on any other website or otherwise without our written permission. Modification of any materials displayed on the website is a violation of our copyright and other proprietary rights.

Images of people or places displayed on the website are either the property of, or used with permission by, us. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms and conditions or specific permission provided elsewhere on the website. Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. We neither warrant or represent that your use of materials displayed on the website will not infringe rights of third parties not owned by or affiliated with us. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice and pursue action for an infringement of our intellectual property rights if we become aware of your metatagging or mirroring of our website.

Registration

If you opt to register for any portion of this website, you agree to: (i) provide true, accurate and complete information about yourself as prompted by the registration form (“Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, we shall have the right to suspend or terminate your account and refuse any and all current or future use of the website (or any portion thereof). You acknowledge and agree that we may rely on the Registration Data to send you important information and notices regarding your account and the website. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the website or or your account. You further agree that we are authorised to verify such Registration Data.

If you opt to register for any portion of this website, you may be required to establish an account and obtain a username and password. You authorise us to process any and all account transactions initiated through the use of your username and password. You are solely responsible for maintaining the confidentiality of your username and password and must immediately notify us of any unauthorised use of your username and password. You acknowledge and agree that you are responsible for any unauthorised activities, charges and/or liabilities made through the use of your username and password. In no event will we be liable for the unauthorised use or misuse of your username and/or password. We may need to change usernames allocated to certain of our products and services and we reserve the right to do so. You will be informed of this if we make such a change. We collect and uses your username, password and other Registration Data in accordance with the Privacy Policy of the website.

Hyperlinks

This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of, or privacy compliance by, any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide. You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense. When linking our website, you must not alter any of our website content, including any intellectual property notices, and you must not frame or reformat any of our pages, files, images, text or other materials.

Intellectual Property Rights

The copyright to all content on this website including applets, graphics, images, layouts and text is the intellectual property of AFF, or is being used under a licence.

All trademarks, brands and logos used on this website are either the intellectual property of AFF, or are being used under licence. Your access to our website does not permit use of these items for commercial purposes, without prior written permission.

Any comment, feedback, idea or suggestion (called “Comments”) submitted by you through this website becomes our property. Any future use of your “Comments” by AFF will be consistent with our proprietary rights, and we will not be liable for any similarities which may appear from such a use of your “Comments”.

Furthermore, you agree that we are entitled to use your “Comments” for any commercial or non-commercial purpose without compensation to you, or to any other person who has transmitted your “Comments”.

If you provide us with “Comments”, you acknowledge that you are responsible for the content of such material, including its legality, originality and copyright and that you must indemnify us for any intellectual property infringement in connection within a submitted “Comment”.

Disclaimers and limitations of liability

The information and content we provide on this website is of a general referral nature only. We are not providing professional advice and you should obtain professional or specialist advice that is appropriate to your circumstances.

We give no warranty, guarantee or representation that the content or information on this website, or any linked website, is free from any error or omission, virus, worm, malware or other malicious items, and you must use this website and any such linked websites at your own risk. We are not liable for any loss or damage you incur which arises in connection with your use of our website, or any linked website associated with our page.

To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, conditions, guarantees and representations, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose in connection with this website, your use of this website, and any content or information on this website. We do not warrant or represent that the information contained in the website is accurate, complete, correctly sequenced, reliable or timely, or that the site will be uninterrupted or free of errors and/or viruses. You specifically acknowledge that we are not liable for the defamatory, offensive or illegal conduct of other users of the site or third parties and that the risk of injury from the foregoing rests entirely with you. You use the site at your sole risk.

From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content and legality of such material rests with the owner of that material, and we are not liable for any loss or damage you incur which arises in connection with your use of our website, or any linked website associated with our page.

Notwithstanding any other clause in these terms and conditions, to the fullest extent permitted by law we are not liable to you for (1) any liability, loss, damage, claim, expense (including legal expense) or action in connection with any service or venue referred by us, your use of this website, the content or information on this website, or these terms and conditions, or (2) any consequential or indirect loss, including loss of profit or revenue, loss of use of any site, loss of opportunity, or breach of third party contracts or arrangements.

Indemnity

By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses, including legal fees arising from, or in connection with, your use of our website or any breach of these terms and conditions.

Jurisdiction

These terms and conditions are to be governed by and construed in accordance with the laws of South Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in South Australia and you agree to submit to the jurisdiction of those Courts.

If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid, but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy Policy

We endeavour to take reasonable care with all information provided, including comments which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Whilst AFF will take all reasonable steps to preserve information in a secure manner, any information you transmit to us is entirely at your own risk. Our compliance with privacy legislation is set out in our separate Privacy Policy, which may be accessed below.

Site Visit Data

It is a necessary part of visiting any website that some information is automatically collected and logged due to the nature of communication protocols. Users should be aware that there are inherent risks in transmitting information across the Internet.

AFF makes a record of your visit and logs the following information for statistical purposes: the user’s server address, the user’s top level domain name (e.g. .com, .gov, .au, .uk etc.), the date and time of the visit to the site, the pages accessed and documents downloaded, the previous site visited and the type of browser used.

No attempt will be made to identify users or their browsing activities except in the unlikely event of an investigation, where a law enforcement agency may exercise a warrant to inspect the service provider’s logs.

Collection of Personal Information

AFF will only record your email address or other supplied details if you send us a request or submit a form online. Supplied information will only be used for the purpose for which you have provided it, and will not be added to a mailing list unless you have requested this. Unless required by law, we will not use your personal information for any other purpose, and will not disclose them without your consent.

This site does not provide facilities for the secure transmission of information across the Internet. Users should be aware that there are inherent risks transmitting information across the Internet.

Cookies

The AFF website uses cookies. HTTP cookies, sometimes known as web cookies or just cookies, are parcels of text sent by a server to a web browser and then sent back unchanged by the browser each time it accesses that server. HTTP cookies are used for authenticating, tracking, and maintaining specific information about users, such as site preferences and the contents of their electronic shopping carts.

User Feedback

We seek feedback from our users in order to improve the service offered by the site. Answering feedback questions is voluntary and does not in any way affect your access to AFF websites. Feedback should be addressed to Vic Pisani.

Through the process of obtaining feedback to this address AFF staff become aware of the email address from which feedback is sent. Your email address will not be added to a mailing list or used for any other purpose without your consent.

Data Storage, Use Disclosure and Retention

All personal information described in the preceding section is stored in transmission logs, and archived for an indefinite period of time. Any personal information will only be used and disclosed by AFF and by staff involved in AFF operations for internal purposes, website and system administration, including monitoring to prevent security breaches; customising of the website to meet user needs; and evaluation, research and development.

Identified data can only be re-disclosed to the user if the user provides the unique request session number. Identified data may be disclosed to a third party only in circumstances in which such disclosure is legally authorised, such as in the investigation of a criminal offence, and in compliance with a search warrant or subpoena.

No sale of personal information

Under no circumstances will AFF sell or receive payment for licensing or disclosing your personal information.

Complaints About Privacy

If you have any complaints relating to online privacy issues on AFF websites, please notify Vic Pisani. While AFF accepts no liability for any material or links posted to its websites, we will endeavour to investigate all complaints. Please also contact this address if you wish to change any personal information you have provided to us, or if there is an error in any personal information provided which you wish for us to correct.

If you would like to access any personal information of yours that we have collected, please contact the above address. We will endeavour to provide you with copies of such information as soon as practicable (which may require a small administration charge in the event of substantial amounts of documents).

Changes to AFF Online Privacy Policy

AFF retains the right to change any of the terms contained within its privacy policy or terms and conditions at any time. The relevant amendments to our policies will be updated on the website.

Contact AFF Inc.

Complete contact information is available on our contacts page.

Entire agreement

These terms and conditions constitute the entire agreement between you and us, and supersede all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and us.