Terms & Conditions
1. Definitions
In these Terms and Conditions:
1.1 “we”, “us” and “our” are references to Peerless Holdings Pty Ltd ACN 004 280 979 trading as Peerless Foods;
1.2 “the Website” means our website located at www.fairybaking.com.au/; and
1.3 “you” and “your” are references to you as the user of the Website.
2. Your use of the Website
2.1 You are provided with access to and are authorised to download or print a copy of material contained on this Website only for your personal use. Further, you may not, without our written permission, on-sell or make any commercial use whatsoever of any information obtained from this Website. You may not use any data mining robots or other extraction tools, nor metatag or mirror the Website without our prior written permission.
2.2 You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked website.
2.3 You must not use this Website:
(a) in breach of any laws or regulations;
(b) to transmit unsolicited emails/spam; or
(c) to defame, abuse, harass, threaten or otherwise harm any person.
3. Advice and information appearing on the Website
3.1 All information and advice (including but not limited to information and advice on health, nutrition and culinary matters) appearing at the Website is provided in good faith. While we have no reason to believe that any particular information (including but not limited to any product description) contained on this Website is inaccurate, to the extent permissible at law we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this Website updated. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
3.2 Images appearing on the Website are provided for illustrative purposes only and we do not guarantee that any image appearing on the Website will in all cases reflect a product’s true appearance nor that any given image will reflect or portray the full design of or options relating to that product.
3.3 You accept that any information provided by us is general information and is not in the nature of advice. Any information provided on the Website is not intended to be used as a substitute for obtaining personalised professional advice from a qualified practitioner or other expert.
3.4 Without limiting any other provision of these Terms and Conditions, we are not responsible for and accept no liability in respect of any material uploaded, posted or transmitted to the Website by any person other than us. Our editorial control is limited to the selection of materials to make available, although we reserve the right to review any content and amend or alter it as we see fit. Any opinions or advice by third parties remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purposes. Where the information made available on this Website contains opinions or judgements of third parties, we do not purpose to endorse the contents of that opinion or advice.
4. Disclaimer
4.1 We do not make any representations or warranties that your access to the Website will be uninterrupted, timely, secure or error free.
4.2 We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website or any linked website, including but not limited to any loss or damage you might suffer resulting from:
1. inaccuracies, errors or mistakes on the Website;
2. the quality of any product or service referred to on the Website or on any linked sites;
3. personal injury or property damage of any nature resulting from your access to or use of the Website;
4. any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
5. any interruption to or termination of access to the Website; or
6. your use of or reliance on information contained on or accessed through this Website.
4.3 To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded. Where legislation (including the Australian Consumer Law) implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited to the maximum extent permissible at law.
4.4 In no circumstance will we be liable to you for any indirect, incidental, special and/or consequential losses or damage (including loss of profits, revenue, production, goodwill, data or opportunity or any physical injury) of any nature arising through or as a result of your use of the Website.
5. Intellectual property rights
5.1 Copyright in this Website (including text, recipes, graphics, logos, icons, photos, sound and audiovisual recordings and software) is either owned by us or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation throughout the world, and except as expressly authorised by these Terms and Conditions or with our prior written permission, you may not in any form or by any means reproduce, adapt, store, distribute, print, display, perform, communicate to the public or create derivative works from any part of or any content appearing on this Website. If you provide us with any content for inclusion on the Website, you grant us an irrevocable, royalty-free licence to use and reproduce that content on the Website. We do not claim ownership of any content you provide and license to us. You remain responsible for your content.
5.2 “Fairy” is our registered trade mark and may not be used except with our prior written consent.
5.3 Without limiting our rights all trademarks, brands and logos that appear on the Website are either owned by us or we have a licence to use them. Your access to and use of our Website does not license you to use those trade marks in any commercial sense.
6. Restrictions on Use and Conduct
6.1 From time to time we may include functionality for users to upload material to or make comments or other postings on the Website. If you avail yourself of these facilities, you must not (and you must not assist other parties to):
(a) upload, post, transmit or otherwise make available on the Website any content that:
(i) promotes, encourages or provides information about unlawful conduct or activities, infringes any third party’s intellectual property rights or breaches confidentiality, includes a photograph or other likeness, or personal information of another person without their consent, contains pornography, nudity, sexual acts or references, contains profanities, swearing, or vulgarity, you reasonably respect to be misleading, false or deceptive (whether by representations or omissions) or contains viruses, worms or other types of malicious or harmful programs, nor take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
(b) damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to us or do anything that compromises the security of the Website.
7. Updates and newsletters
7.1 The Website contains facility for you to receive updates and newsletters from us. Where you register to receive same you consent to the dissemination of such information to the email address provided by you or to any other method agreed by you.
8. Indemnity
8.1 You agree to at all times fully indemnify us (and keep us indemnified) and hold us, our directors, officers, employees and agents harmless against any expenses, costs (including reasonable legal costs and expenses), loss or damage (including consequential loss) that we may suffer or incur or any claim, demand, suit, action or proceeding brought against you or us as a result of or in connection with your use of the Website and any breach of these Terms and Conditions.
9. Links
9.1 This Website may contain links to other third party websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
9.2 Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
9.3 You may link to our Website with our written consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our Website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
10. Privacy Policy
10.1 We undertake to comply with the terms of our privacy policy which appears on our Website and maybe accessed here.
11. Termination of Access
11.1 The operation of, and your access to this Website may be terminated (whether temporarily or permanently) at any time by us without notice. Those of the Terms and Conditions that are capable of surviving termination will survive any such termination.
12. Governing Law
12.1 These Terms and Conditions are governed by the laws in force in Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria and where applicable the Federal Court of Australia.
13. Amendments to Terms and Conditions
13.1 We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on this Website. You are responsible for familiarising yourself with the updated Terms and Conditions as published on the Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the Terms and Conditions as amended.
14. General
14.1 If any part of these Terms and Conditions is found to be void, unlawful or unenforceable, then that provision or part will be deemed to be void and severable and the remaining provisions of this document will not in any way be affected or impaired.
14.2 If we do not exercise or enforce any right or provision under these Terms and Conditions, it will not constitute a waiver of such right or provision. Any waiver of any provision under these Terms and Conditions will only be effective if it is in writing and signed by us.