TERMS AND CONDITIONS OF USE
Version 1.2 (2 November 2018)
Dairy Australia Limited (We/Us/Our) is pleased to provide you with access to this website and any widgets, plug-ins, applications and related services (Dairy Australia Whey Utilisation Tool) on these terms and conditions.
By accessing or using the Dairy Australia Whey Utilisation Tool you agree to be bound by these terms and conditions of use as amended from time to time (Terms).
About the Dairy Australia Whey Utilisation Tool
Subject to these Terms, Dairy Australia provides You access to use calculators and tools for the purposes of generating information.
The information displayed on the Dairy Australia Whey Utilisation Tool is not financial or investment advice.
Personal and Non Commercial Use Only
Use of the Dairy Australia Whey Utilisation Tool is for your personal and non-commercial use only. You must not without Our approval:
- modify, copy, distribute, transmit, display, perform, reproduce, publish or license any part of the Tool or its outputs
- use or attempt to use any part of the Tool or its outputs to create any web site or publication
- mirror or frame any part of the Dairy Australia Whey Utilisation Tool
- use any automated process of any sort to query, access or copy any information generated by the Tool or compile any document or database based on any information
- transfer or sell or provided third party access to any information generated by the Tool
- use the Tool or any of its outputs for any commercial purpose
Your use of the Dairy Australia Whey Utilisation Tool
Access to the Dairy Australia Whey Utilisation Tool is provided to you on condition that you acknowledge and agree that Dairy Australia does not warrant the accuracy or completeness of any of the information provided as a result of using the Dairy Australia Whey Utilisation Tool.
aware, the information generated by the Dairy Australia Whey Utilisation Tool is indicative only based on limited inputs. The Dairy Australia Whey Utilisation Tool and its outputs (a) are not professional, expert or other advice and are not a substitute for such advice; (b) may not be appropriate, correct or sufficient for your circumstances; (c) should not be relied on in any way as a basis for any financial, investment, strategic or business decisions; and (d) may not be continually accessible or free from errors or viruses.
As a user of the Tool You agree not to use, or allow any other person to use, any information generated by the Tool for the purpose of making any financial, investment, strategic or business decision.
Dairy Australia Liability
To the extent permitted by law, We exclude all implied terms and warranties whether statutory or otherwise, relating to the Dairy Australia Whey Utilisation Tool and the subject matter of these terms and conditions.
Dairy Australia will only be liable to You if:
- the law implies a consumer guarantee or other term into these Terms which cannot be excluded and Dairy Australia breaches that term but Our liability will, if permitted by law, be limited to one of the following remedies (at our option) (a) in the case of services: the resupply of the services; or the payment of the cost of resupply; and (b) in the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired
Other than as set out above and to the extent permitted by law (including without limitation the Australian Consumer Law),
Dairy Australia will not be liable to you for:
- any claims arising out of or in connection with your access and use of the Dairy Australia Whey Utilisation Tool whether arising in contract, tort ( including negligence), indemnity, strict liability, breach of warranty or statute; or
- any loss, cost, liability or expense (including loss of production, profit, revenue, business, data, contract or anticipated savings) arising from or in connection with Your use of the Tool For the purposes of this section, the term Dairy Australia will mean Dairy Australia Limited, its officers, employees, contractors and agents, whether individually or collectively.
Where you have any moral rights in User Material you agree to waive any rights in the same and will not otherwise enforce your moral rights in any User Material.
Dairy Australia and Your Privacy
What Law Governs these Terms
These Terms are governed by and construed in accordance with the laws of the State of Victoria Australia and You submit to the exclusive jurisdiction of the courts in that State.
Dairy Australia May Change These Terms and Conditions
Dairy Australia may, in its absolute discretion modify or amend these Terms and such modifications will be binding upon You if You continue to use this Dairy Australia Whey Utilisation Tool after the changes are notified. You should regularly check these Terms on the Dairy Australia Whey Utilisation Tool for changes.
Dairy Australia may cease to provide You with access to the Dairy Australia Whey Utilisation Tool or any of its services without notice.
If any provision of these Terms is invalid, the invalidity shall not affect the valid terms which will remain in full force and effect.
All rights not expressly granted are reserved.