i. This website and its contents (“website”) is owned and operated by Maxum Foods Pty Ltd (ABN 80 1003 79657). By accessing or using the website, you agree to accept and comply with these Terms and Conditions.
ii. These Terms and Conditions apply to goods and services purchased through Maxum Foods Pty Ltd as well as govern the use of this website
iii. Maxum Foods Pty Ltd reserves the right to amend these Terms and Conditions at any time without notice.
b) Applicable Law
i. These Terms and Conditions are governed by and to be construed in accordance with the laws of Queensland, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of Queensland, 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.
ii. Maxum Foods Pty Ltd makes no representation that the content of the website complies with the laws of any country outside Australia.
iii. All rights not expressly granted herein are reserved.
c) Links to 3rd Party websites
i. Maxum Foods Pty Ltd assumes no responsibility and accepts no liability for the terms and condition or content of third party web sites that may be linked to or accessed from the website. Except as Maxum Foods Pty Ltd may specifically direct otherwise, Maxum Foods Pty Ltd does not authorise the content of those third party web sites. The website may also contain third party advertisements which contain embedded hyperlinks to websites operated by third parties. The placement of third party advertisements on this website does not necessarily constitute the recommendation or endorsement of Maxum Foods Pty Ltd for such goods or services.
ii. Third party advertisers or content providers are solely responsible to you for any representations or offers made by them, and for any goods or services which you agree to purchase from those third parties.
d) Internet Security.
i. Any access to the internet can expose you to the risk of computer viruses, malicious computer code and other forms of interference and you acknowledge that you will adopt your own safeguards to ensure that you minimize your risk of damage to your computer, systems or data.
ii. Maxum Foods Pty Ltd does not warranty that use of this website will not expose you to risks of this nature.
e) Competitions and Promotions
i. Certain parts of the website may contain competitions or promotions from Maxum Foods Pty Ltd or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the website 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, Maxum Foods Pty Ltd specifically retains the right, at any time and without notice, to remove, alter or add to competitions or promotions on the website without any liability to you.
f) Disclaimer and liability
i. This website is provided on an “as is” basis. Maxum Foods Pty Ltd has used its best endeavours to ensure that the information contained on and accessed through the website is correct and current at the time of publication.
ii. Maxum Foods Pty Ltd does not accept any liability for our failure to comply with any of these terms and conditions due to circumstances that are beyond our reasonable control.
iii. To the fullest extent permissible by law, Maxum Foods Pty Ltd, its affiliated companies and their respective directors, officers, employees, agents and contractors:
1. Do not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the website, your access to the website or results of your access, or the information, content, materials or products on the website; and
2. Do not warrant that the functions on the website 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.
iv. 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 Maxum Foods Pty Ltd, its affiliated companies or their respective directors, employees, agents and contractors) will Maxum Foods Pty Ltd, its affiliated companies or their respective directors, officers, employees, agents or contractors accept liability 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 website.
i. You agree to indemnify and keep indemnified Maxum Foods Pty Ltd, its affiliated companies and their directors, officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your willful or negligent act or omission with respect to your use of the website (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.
h) Intellectual Property & Restrictions On Use Of Content
i. The website is subject to copyright under Australian law and, under international treaties, and the laws of many other countries. The website contains trademarks, intellectual property and copyright protected works which is owned by Maxum Foods Pty Ltd, and third parties. Except for the direct purpose of viewing, accessing or interacting with the website for your own personal use or as otherwise indicated on the website or these Terms and Conditions, you must not copy, reproduce, communicate to the public, adapt, print, display, publish, transfer, distribute, store or create derivatives of any of the contents of the website, or incorporate any part of the website into another website without Maxum Foods Pty Ltd’s express consent.
i) Ownership of Submissions
ii. You further warrant that the content of any submission made will not infringe the intellectual property of any third party.
iii. We reserve the right to store any submission made and will do so if there is any legal requirement to do so.
j) Termination and Cancellation
i. Maxum Foods Pty Ltd reserves the right in its sole discretion to revise the content of, amend links from, or withdraw access to the website, at any time without notice. Any amendments to these Terms and Conditions placed on this website will come into effect immediately and your continued use of the website will constitute agreement to the new Terms and Conditions as amended. Without limiting the operation of any other Terms and Conditions herein, Maxum Foods Pty Ltd will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on Maxum Foods Pty Ltd’s liability will survive such termination or cancellation.
i. Maxum Foods Pty Ltd acknowledges and respects the privacy of individuals. This policy sets out the way in which we will use, manage and protect your personal information in accordance with the National Privacy Principles and all relevant privacy legislation protecting the rights of individuals.
b) How Do We Collect Information?
i. Maxum Foods Pty Ltd may collect personal information from you including your name, address, telephone number and email address when you knowingly provide us with information, including when you create an account with Maxum Foods Pty Ltd.
ii. If you are a customer of Maxum Foods, Maxum Foods Pty Ltd may also collect certain details pertaining to your activity as a customer or account holder, such as purchases made, discounts applied, events attended and offers redeemed.
c) How Do We Use Information?
i. Maxum Foods Pty Ltd may have access to, and use the personal information that you submit to us and that we collect via your activity on this website or your purchase activity and process that information to provide and improve our services. Maxum Foods Pty Ltd may disclose this information to its affiliated companies. Maxum Foods Pty Ltd may disclose this information to its suppliers, contractors or agents for the purpose of providing the goods and services that you have ordered and/or requested. Maxum Foods Pty Ltd may also now and again send you offers or information on goods or services that Maxum Foods Pty Ltd considers will be of interest to you. Maxum Foods Pty Ltd may also allow that information to be given to third parties for a similar purpose unless you have clearly indicated that this is not to occur.
ii. Personal information that you submit to us including your name, address, telephone number, email address and other information you may provide, may be disclosed to a third party:
a) to meet the purpose for which it was submitted; or
b) for the purpose of processing and delivering your purchase; or
c) we have your consent to share the information; or
d) if we are required or authorized by law to disclose the information; or
e) if your personal information is collected in connection with a joint promoter, to that joint promoter for marketing and research purposes.
d) Access, Accuracy and Security:-
i. Maxum Foods Pty Ltd will take reasonable steps to ensure that the personal information we collect is accurate, complete and up-to-date.
ii. You can access and request correction of any personal information concerning you at any time by making a request to firstname.lastname@example.org .
iii. You may also request that we delete your personal information at any time. Any such requests should be made directly by emailing us at email@example.com
iv. Maxum Foods Pty Ltd will take reasonable steps to protect personal information from misuse, loss and unauthorized access, modification or disclosure.
e) Sensitive Information:-
i. Maxum Foods Pty Ltd will not collect use or disclose sensitive information (such as information about racial or ethnic origins or political or religious beliefs) except with your specific consent or in the circumstances permitted in the Australian Privacy legislation.
f) Click-stream Data
i. Each time you visit the website our server collects some anonymous information, known as click-stream data, including the type of browser and system you are using; the address of the site you have come from and move to after your visit; the date and time of your visit; and your server’s IP address.
ii. Maxum Foods Pty Ltd may collect this information for statistical purposes to find out how the website is used and navigated, including the number of hits, the frequency and duration of visits and the most popular session times. We may use this information to evaluate and improve our website performance.
i. A “Cookie” is a piece of information that our web server may send to your machine when you visit our website. The Cookie is stored on your machine, but does not identify you or give us any information about your computer.
ii. A Cookie helps us to recognise you when you re-visit our Website and to co-ordinate your access to different pages on the website. With most Internet Browsers, you can erase Cookies from your computer hard drive, block all Cookies, or receive a warning before a Cookie is stored. If you want to do this, refer to your browser instructions or help screen to learn more.
h) Links to other sites
i. Maxum Foods Pty Ltd may provide links to other sites. If you use these links, you will leave our website and we are not responsible for any of these sites, their content or their usage of your personal information.
ii. We advise that you check the privacy policies on those sites.
i) Contact us
i. Please contact us on firstname.lastname@example.org if you wish to discuss any privacy issues, or if you do not wish to receive any future communications from Maxum Foods Pty Ltd.
3. Goods and Services Representation
a) Maxum Foods Pty Ltd will take all reasonable steps to ensure that all product descriptions and specifications contained on this website are technically accurate.
b) Whilst every reasonable care has been taken to ensure that product images shown on this website are an accurate representation of the actual product the very nature of imaging product and reproducing those images on a website means that we cannot warrant the accuracy of these representations and product may appear larger or smaller than actual sizes and colours may vary.
c) Whilst we will take all reasonable steps to ensure that all product advertised on this website is available we cannot guarantee the availability of any product.
d) All goods and services offered for sale by Maxum Foods Pty Ltd comply with Australian law but we do not warrant that they will comply to the laws of any other country.