1.1. Huntley Holdings Pty Ltd (ACN 624 884 788) t/a Huntley and Co (we, us, our) agrees for you to access to our website, www.huntleyandco.com.au (Website) on the terms and conditions set out below and in accordance with our Privacy Policy, which is available on our Website and incorporated into these terms and conditions.
1.2. Your use of the Website constitutes your agreement to be bound by these Terms and Conditions and our Privacy Policy, each as amended from time to time. By continuing to use the Website, you will be deemed to accept the Terms and Conditions and agree to be bound by them.
1.3. Please do not proceed to use or access the Website if you do not agree to these Terms and Conditions and our Privacy Policy.
2. Website access and use
2.1. You must only use the Website for lawful purposes and in a way which does not infringe the rights of any third party or restrict or inhibit anyone’s use of the Website.
2.2. You must not:
(a) use the Website in any way that causes, or may cause, damage to the Website or impairment of its availability;
(b) use the Website in any way that we reasonably consider to be unlawful, illegal, defamatory, discriminatory, racist, obscene, threatening or otherwise harmful;
(c) use any automated system or software to extract data from the Website (i.e. ‘screen scraping’);
(d) modify or adapt the Website; or
(e) use the Website to copy, store, host, transmit, send, use, publish or distribute any material that contains viruses or malicious code.
3. Access and use of the Trade Platform on the Website
3.1. We may, at our absolute discretion, grant certain trade customers (Trade Platform Customers) access to a trade platform on our Website (Trade Platform). Access to the Trade Platform, including eligibility criteria for Trade Platform Customers, may be determined and modified by us at any time.
3.2. If you are a Trade Platform Customer, then to maintain access to the Trade Platform you must:
(a) place at least one order through the Trade Platform every six months;
(b) comply with these terms and conditions, our Rental Terms, and any other applicable terms;
(c) continue to meet our trade customer criteria;
(d) comply with all applicable laws;
(e) maintain confidentiality of your Trade Platform account credentials; and
(f) immediately notify us of any unauthorised use of your account or any other security breach.
3.3. We reserve the right to suspend or terminate Trade Platform access immediately and without notice if we reasonably determine that:
(a) you no longer meet or maintain our Trade Platform criteria;
(b) you breach these terms, our Rental Terms or any other applicable terms;
(c) we believe that your account is being used in a way that threatens the security or integrity of the Trade Platform or the Website;
(d) you fail to comply with applicable laws; or
(e) we otherwise determine, in our absolute discretion, that continued access is not appropriate.
4. Intellectual Property
4.1. We own, or are the licensee of, the Intellectual Property Rights in the content available on the Website, including text, graphics, photographs, videos, logos, icons, sound recordings and software. These terms and conditions do not transfer any Intellectual Property Rights from us to you or any third parties.
4.2. You must not, without our express written permission:
(f) copy, reproduce, distribute, republish, download, display, post, transmit, or modify any part of the Website;
(g) create derivative works based on the Website content;
(h) mirror or frame any part of the Website;
(i) use data mining, robots, or similar data gathering and extraction tools;
(j) systematically download or store Website content; or
(k) remove or modify any copyright, trade mark or other proprietary notices.
4.3. Any use of Website content not expressly permitted in these terms and conditions is a breach of these terms and conditions and may violate copyright, trade mark, and other intellectual property laws.
4.4. In this clause, Intellectual Property Rights means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks, designs, patents, circuit layouts, plant varieties, business and domain names, confidential information, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields whether or not registered, registrable or patentable.
5. Third Party Websites
5.1. Our Website may contain links to third-party websites that are not under our control.
5.2. You acknowledge and agree that we are not responsible for the content, policies, or practices of any third-party websites linked to from our Website.
5.3. Unless expressly stated otherwise, we do not endorse or recommend any third-party websites or their content, including any products or services offered by them.
6. Liability and indemnity
6.1. Nothing in these Terms limits your rights under Australian Consumer Law.
6.2. To the fullest extent permitted by law, Huntley + Co does not warrant or guarantee:
(a) the accuracy or completion of any information available on the Website;
(b) that access to the Website will be uninterrupted or error free;
(c) that any defects will be corrected immediately; or
(d) that the Website will be free from viruses or other contamination.
6.3. To the fullest extent permitted by law:
(a) Huntley + Co excludes all liability to you for any Loss arising from your use of the Website, including use of any information on it, except to the extent that this arises as a result of Huntley + Co’s fraud or gross negligence; and
(b) neither party is liable, whether such liability is based on breach of contract, tort (including negligence), statute or otherwise for any Consequential Loss, indirect, incidental, punitive or special Loss of any kind (including loss of profit, loss of opportunities or business interruption).
6.4. To the fullest extent permitted by law, you agree to indemnify us against any Loss suffered or incurred by us arising out of or in connection with any:
(a) your breach of these terms and conditions;
(b) your failure to comply with any applicable laws; and
(c) any infringement of Intellectual Property Rights caused or contributed to by you,
except to the extent that we have caused such Loss.
6.5. In this clause:
(a) Consequential Loss means any Loss that does not arise naturally in the ordinary course of things from the event or circumstance giving rise to the Loss; and
(b) Loss means any judgment, debt, damage, loss, cost, expense, injury or liability howsoever arising and whether present or future, fixed or unascertained, actual or contingent whether at law, in equity, or otherwise, and Loss has an equivalent meaning.
7. General
7.1. These terms are governed by, and construed in accordance with, the laws of New South Wales, Australia. The parties agree to submit to the exclusive jurisdiction of the courts of New South Wales.
7.2. If any term or provision of this agreement is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from this agreement and the remaining terms and conditions will be unaffected.
7.3. The failure of either party to enforce any provisions under this agreement will not waive the right of such party thereafter to enforce any such provisions.
7.4. Nothing in these terms and conditions will be taken as giving rise to a relationship of employment, agency, partnership or joint venture.
7.5. These terms and conditions contain the entire understanding between you and us concerning the subject matter of the agreement and supersedes all prior communications.
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