Brick & Mortar Digital Pty Ltd (ABN 60 653 435 182) and its Australian related bodies corporate (we, us, our) operates the website www.boroughmarkets.com.au (Site).
By accessing and using the Site, you are taken to have read, accepted and agreed to be bound by these Terms. If you do not accept these Terms, you must immediately cease using the Site.
We may vary these Terms at any time by publishing amended Terms on the Site. You will be taken to have accepted the amended Terms if you continue to use the Site after their publication.
Use of the Site
You agree to only use the Site in accordance with, and for the purposes contemplated by, these Terms. Your continued access to and use of the Site is subject to your ongoing compliance with these Terms.
You must not, directly or indirectly:
- use the Site for any activity that breaches any applicable laws or regulations, infringes a third party’s rights or privacy, is contrary to any relevant standards or codes, or is contrary to generally accepted community standards (including but not limited to activity that is abusive, defamatory, fraudulent, misleading, offensive or otherwise inappropriate);
- transmit to, or use the Site to transmit, harmful or malicious computer code (including viruses);
- engage in any means of cyber-interference (including any hacking or “denial of service” attack or otherwise anything that may interfere with the operation of the Site or detrimentally affect the Site or associated software, data, computer systems or operations, or gain unauthorised access to or breach, compromise or circumvent the security, authentication measures or integrity of systems, networks or passwords or any part of the Site);
- disassemble, reverse compile, reverse engineer, modify or create derivative works from the Site;
- use the Site to integrate any application, program, service, software, hardware or product, with and/or into any product, system, application, software or hardware other than with our express written consent,
or attempt or assist any other person to engage in any such activities. If you become aware of any such actual, attempted or intended activities, you must notify us as soon as possible.
You agree to report any issue, inaccuracy, malfunction or other problem with the Site as soon as practicable after such an issue becomes apparent to you.
We will endeavour to make the Site available continuously, however the Site is provided as-is and we do not represent or guarantee that it will always be available, uninterrupted, secure or fault-free.
You acknowledge that there may be times where you will be unable to access the Site which may be due to scheduled or emergency maintenance or unexpected outages such as those caused by third-party suppliers (for example telecommunications and hosting providers).
We are not liable to you or to any other person if the Site becomes temporarily or permanently unavailable at any time.
You acknowledge that the Site may include features that allow us to remotely and automatically identify, track and analyse certain aspects of the use and performance of the Site, and you consent to the use of such features. Any such activities will be conducted for purposes that include improving the Site and our services.
We take reasonable precautions to protect data you submit to the Site from loss, misuse and from any unauthorised access, disclosure or modification. However, we do not warrant, and we are not liable to you, if any data you submit to the Site is lost, misused or accessed, disclosed or modified by a person not authorised to do so. You acknowledge that you use the Site and services entirely at your own risk.
You agree that we may use data in relation to your use of the Site to support or improve the Site and services and for our other business purposes.
Unless specified otherwise, copyright and other intellectual property in content on the Site (including text, graphics, designs, layouts, trade marks, logos, animations, videos and/or sound recordings) belongs to us or is licensed to us. Nothing in these Terms will be taken to constitute a transfer, assignment or grant of any ownership of, or licence rights to, any intellectual property unless otherwise expressly stated.
We grant you permission to use the materials on the Site solely for your personal use. Otherwise, no material from the Site may be printed, copied, reproduced, distributed, modified, adapted, uploaded, displayed, transmitted, reused, re-posted, published, stored, commercialised, used to create derivative works or framed within another website without our prior written permission
Suspension or termination
We may suspend or terminate your access to all or any part of the Site at any time if we determine that you are in breach of these Terms. If we do so, you must discontinue your use of the Site immediately if we notify you that you must do so. If your access to all or any part of the Site is suspended or terminated, all restrictions on you and all disclaimers, exclusions and limitations of liability set out in these Terms will survive such suspension or termination. You agree that we will have no liability for any suspension or termination of your access to the Site.
Except where expressly stated, we make no representation and give no warranties about the content or suitability for any purpose of the information contained on or accessed through the Site. That information is provided without any express or implied warranty or guarantee of any kind. To the extent permitted by law, we specifically disclaim any warranty or guarantee of title, merchantability, fitness for a particular purpose and non-infringement.
We do not warrant the accuracy, reliability, suitability or completeness of any content contained on or accessed through the Site. The Site (including its content) is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you access it.
Nothing in these Terms operates to exclude, limit or modify the application of any statute (including the Competition and Consumer Act 2010 (Cth)) where to do so would be unlawful, contravene that statute or cause any part of this clause to be void.
Subject to the paragraph above and to the extent permitted by law, we:
- exclude all terms, conditions, warranties and guarantees implied or imposed by statute, law or other source external to these Terms (including as to the description, merchantable quality or fitness for purpose of the Site);
- except for liability expressly assumed under these Terms (including under any indemnity), exclude all liability whatsoever, whether under statute, contract, for negligence or other tort, or otherwise, arising out of, in relation to or in connection with these Terms, the Site or its use (including for malfunction or destruction of data); and
- limit any liability which cannot be excluded or limited under the other provisions of this clause to, at our option, in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again, or in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods or of acquiring equivalent goods or having the goods repaired.
In any case our liability to you for any claim arising out of, in relation to or in connection with these Terms or the Site will not exceed $100.
We will have no liability to you caused by any act or omission of another party using the Site, or any other matter or circumstance beyond our reasonable control.
You agree to indemnify us for all loss, damage, penalties, fines, expenses, costs and other liability (including legal costs) arising out of or in relation to:
(a) any unlawful or negligent act or omission of yours;
(b) your use of the Site;
(c) breach by you of these Terms including any warranty given by you under these Terms,
and you agree to promptly provide all cooperation we require to defend any claim associated with this indemnity.
The Site, or any material accessed through it, may contain links to other websites. Unless such websites are operated by us or related bodies corporate, they are outside of our control, and we are not responsible for the use, content (including information, products and services) or privacy practices of such websites.
Unless we expressly state otherwise, we do not approve, endorse, recommend or sponsor, or otherwise make any warranty or representation regarding, other websites not provided by us, the organizations that operate them or their practices, or any information, materials, products, goods or services referred to or provided by them.
These Terms will be governed in all respects by the laws of South Australia, Australia. You and we submit to the exclusive jurisdiction of the courts of South Australia, Australia and any courts of appeal from them.
If any provision of these Terms is held to be invalid or unenforceable, that provision will be excluded and the remainder of these Terms will continue to apply.
Any failure by us to take action regarding any actual or suspected breach of these Terms does not constitute a waiver of our right to do so or your obligations.
Any provision of these Terms by its nature intended to survive expiry, suspension or termination of these Terms survives such expiry, suspension or termination.