Terms and Conditions
The following provisions govern your use of www.fresheggs.com.au, www.darlingdownsfresheggs.com.au, www.ddfe.com.au and all other services made available to you by the Darling Downs Fresh Eggs Web site (herein after Darling Downs Fresh Eggs). PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, acknowledge that you have read and understood and you agree to these terms and conditions. If you do not agree to all of the terms and conditions of this agreement, do NOT use this site. Darling Downs Fresh Eggs reserves the right to revise and update these terms and conditions at any time. It your responsibility to review the Terms of Use Agreement and Disclaimer each time you use the site. Your continued use of this site is deemed to be your continued understanding and acceptance of and agreement to any changed terms and conditions.
Copyright and Trademarks
The entire contents and design of Darling Downs Fresh Eggs web site is proprietary to Darling Downs Fresh Eggs or its content providers and is protected by copyright laws. The Darling Downs Fresh Eggs Web site is for your personal, non-commercial use. You may not modify, copy, distribute, transmit, display, or publish any materials contained on the Darling Downs Fresh Eggs Web site and/or its e-newsletters without the express prior written permission of Darling Downs Fresh Eggs or the appropriate copyright owner.
General Disclaimer
Darling Downs Fresh Eggs Web site is provided on an ‘as is, with all faults and as available’ basis. Without any warranties of any kind, either expressed or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, warranties of title or non-infringement, or warranties arising from course of dealing or custom of trade. We make no representation or warranty that any content is accurate, complete, appropriate, reliable or timely. We also make no representations or warranties that your access to and use of the site will be uninterrupted or error-free or free of viruses or unauthorized code or other harmful components.
Your use of Darling Downs Fresh Eggs Web site is at your own risk. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of this site. Neither Darling Downs Fresh Eggs nor anyone else involved in creating, producing or delivering Darling Downs Fresh Eggs Web site, its e-newsletters, or the materials contained therein assumes any liability or responsibility for the accuracy, completeness or usefulness of any information provided. Nor shall they be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of your use of, or inability to use Darling Downs Fresh Eggs web site.
Disclaimer
Darling Downs Fresh Eggs strives to provide valuable and accurate information. The editors of the material contained herein have consulted sources believed to be reliable in their efforts to provide information that is correct at the time of posting. However, in view of the possibility of error by the authors, editors, or publishers of the works contained in the Darling Downs Fresh Eggs Web site neither Darling Downs Fresh Eggs nor any other party involved in the preparation of material contained on its Web site or in its e-newsletters represents or warrants that the information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such material.
Darling Downs Fresh Eggs does not examine, determine or warrant the licensure, competence or information of any dealer or manufacturer listed in its directories. Darling Downs Fresh Eggs relies on the professional or facility listed in the directories to provide accurate information and assumes no responsibility for verifying the information provided. Use of the directories to locate a dealer or manufacturer is wholly voluntary and in no event shall Darling Downs Fresh Eggs or any of its agents be liable for damages to any user of the directories for the selection of a dealer or manufacturer for the services provided by any dealer or manufacturer listed therein, or for any other damages which may occur as a result thereof.
Darling Downs Fresh Eggs Web site may contain links to Web sites operated by other parties. The linked sites are not under the control of Darling Downs Fresh Eggs and Darling Downs Fresh Eggs is not responsible for the contents of any linked site or any link contained in a linked site or any changes or updates to such sites. The appearance of any product, service or Web site link on the Darling Downs Fresh Eggs Web site and/or in its e-newsletters does not imply endorsement, approval or warranty by Darling Downs Fresh Eggs and Darling Downs Fresh Eggs disclaims all liability with regard to any such products, services or Web site links.
User Submissions
By submitting communications to any part of the Darling Downs Fresh Eggs web site you automatically grant or warrant that the owner of such communications has expressly granted Darling Downs Fresh Eggs a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display your name and the communication alone or as part of other works in any form, media, or technology whether now know or hereafter developed. You warrant that any and all information submitted by you and posted in the Darling Downs Fresh Eggs directories is true and correct.
Fees and Charges for Subscription
Darling Downs Fresh Eggs provides a free service to users for Subscribing to be Listed on the Darling Downs Fresh Eggs Directory Service.
Darling Downs Fresh Eggs reserves the right to alter its service at anytime.
By Subscribing to the Darling Downs Fresh Eggs Directory Service you automatically agree to pay all fees accumulated by your particular subscription to the Darling Downs Fresh Eggs Directory Service until such time that the account has been terminated by you (The User) or Darling Downs Fresh Eggs as per the ‘Account Termination’ Clause in this agreement.
Account Termination
Darling Downs Fresh Eggs reserves the right to Terminate your subscription if Darling Downs Fresh Eggs, in its sole discretion, determines that you have engaged in conduct that violates the law or the terms of this agreement.
You (The User) agree to give Darling Downs Fresh Eggs 14 days notice of any Termination to your subscription and agree to pay any periodic payments, fees and charges that occur within that 14 day period.
Indemnification
You agree to indemnify, defend and hold harmless Darling Downs Fresh Eggs, its officers, directors, employees, agents, information providers, partners, advertisers and suppliers from and against all losses, expenses, damages and costs, including reasonable solicitor’s fees, resulting from any violation of this agreement or any activity related to your account (including infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing Darling Downs Fresh Eggs web site and using your service account.
Waiver, Release and Limitation of Liability
You agree that neither Darling Downs Fresh Eggs, nor its officers, directors, employees, agents, information providers, partners, advertisers or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of Darling Downs Fresh Eggs web site. You hereby release and forever waive any and all claims you may have against Darling Downs Fresh Eggs, its officers, directors, employees, agents, information providers or suppliers (including but not limited to claims based upon the negligence of Darling Downs Fresh Eggs, its officers, directors, employees, agents, information providers, partners, advertisers or suppliers) for losses or damages you sustain in connection with your use of Darling Downs Fresh Eggs.
Notwithstanding the foregoing paragraph, the total liability of Darling Downs Fresh Eggs, its officers, directors, employees, agents, information providers, partners, advertisers and suppliers, if any, for losses or damages shall not exceed the fees paid by the user for the particular information or service provided. In no event shall Darling Downs Fresh Eggs, its officers, directors, employees, agents, information providers, partners, advertisers or suppliers be liable to you for any losses or damages other than the amount referred to above. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of Darling Downs Fresh Eggs web site are hereby excluded even if Darling Downs Fresh Eggs, its officers, directors, employees, agents, information providers, partners, advertisers or suppliers have been advised of the possibility of such damages.
Neither Darling Downs Fresh Eggs, nor any of its affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this site, or resulting from the act or omission of any other party involved in making this site or the data contained therein available to you, or from any other cause relating to your access to or your inability to access the site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Darling Downs Fresh Eggs or of any vendor providing software or services support.
Third Party Rights
The provisions of Indemnification and the Waiver, Release and Limitation of Liability are for the benefit of Darling Downs Fresh Eggs and its officers, directors, employees, agents, licensors, suppliers, and information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Miscellaneous
You agree not to post any information which (a) is libellous, defamatory, obscene, fraudulent, false, unlawful, or contrary to the ownership or intellectual property rights of any other person, or (b) contains any virus, worm, or other code which is contaminating or destructive to the files or programs of Darling Downs Fresh Eggs or any of our users. Darling Downs Fresh Eggs may deny you access to all or part of the Darling Downs Fresh Eggs Web site if Darling Downs Fresh Eggs, in its sole discretion, determines that you have engaged in conduct that violates the law or the terms of this agreement.
Advertisers and sponsors of the Darling Downs Fresh Eggs Web site and/or its e-newsletters have no influence on editorial content or presentation.
Darling Downs Fresh Eggs reserves the right to alter this agreement at anytime without prior notification.
Please see the Darling Downs Fresh Eggs Privacy Policy.
If any clause or provision of this agreement is determined to be illegal, invalid or unenforceable under present or future law, then, in that event, such clause or provision will be severed from this agreement without affecting the enforceability of all remaining clauses and provisions.
Jurisdiction
By agreeing to these terms and conditions and using this website you irrevocably agree that this website is governed by the laws of the Queensland, Australia and you submit to the jurisdiction of the Queensland, Australia.
General
You may not assign, sub-license, or otherwise transfer any of your rights under these Terms of Conditions.
If any provision of these Terms of Considtions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining Terms, or portion thereof, which shall remain in full force and effect. Failure by either party to exercise any right or remedy under these Terms of Conditions does not constitute a waiver of that right or remedy. Headings in these Terms of Use are for convenience only and will have no legal meaning or effect.
The following provisions govern your use of www.fresheggs.com.au, www.darlingdownsfresheggs.com.au, www.ddfe.com.au and all other services made available to you by the Darling Downs Fresh Eggs Web site (herein after Darling Downs Fresh Eggs). PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, acknowledge that you have read and understood and you agree to these terms and conditions. If you do not agree to all of the terms and conditions of this agreement, do NOT use this site. Darling Downs Fresh Eggs reserves the right to revise and update these terms and conditions at any time. It your responsibility to review the Terms of Use Agreement and Disclaimer each time you use the site. Your continued use of this site is deemed to be your continued understanding and acceptance of and agreement to any changed terms and conditions.
Copyright and Trademarks
The entire contents and design of Darling Downs Fresh Eggs web site is proprietary to Darling Downs Fresh Eggs or its content providers and is protected by copyright laws. The Darling Downs Fresh Eggs Web site is for your personal, non-commercial use. You may not modify, copy, distribute, transmit, display, or publish any materials contained on the Darling Downs Fresh Eggs Web site and/or its e-newsletters without the express prior written permission of Darling Downs Fresh Eggs or the appropriate copyright owner.
General Disclaimer
Darling Downs Fresh Eggs Web site is provided on an ‘as is, with all faults and as available’ basis. Without any warranties of any kind, either expressed or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, warranties of title or non-infringement, or warranties arising from course of dealing or custom of trade. We make no representation or warranty that any content is accurate, complete, appropriate, reliable or timely. We also make no representations or warranties that your access to and use of the site will be uninterrupted or error-free or free of viruses or unauthorized code or other harmful components.
Your use of Darling Downs Fresh Eggs Web site is at your own risk. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of this site. Neither Darling Downs Fresh Eggs nor anyone else involved in creating, producing or delivering Darling Downs Fresh Eggs Web site, its e-newsletters, or the materials contained therein assumes any liability or responsibility for the accuracy, completeness or usefulness of any information provided. Nor shall they be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of your use of, or inability to use Darling Downs Fresh Eggs web site.
Disclaimer
Darling Downs Fresh Eggs strives to provide valuable and accurate information. The editors of the material contained herein have consulted sources believed to be reliable in their efforts to provide information that is correct at the time of posting. However, in view of the possibility of error by the authors, editors, or publishers of the works contained in the Darling Downs Fresh Eggs Web site neither Darling Downs Fresh Eggs nor any other party involved in the preparation of material contained on its Web site or in its e-newsletters represents or warrants that the information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such material.
Darling Downs Fresh Eggs does not examine, determine or warrant the licensure, competence or information of any dealer or manufacturer listed in its directories. Darling Downs Fresh Eggs relies on the professional or facility listed in the directories to provide accurate information and assumes no responsibility for verifying the information provided. Use of the directories to locate a dealer or manufacturer is wholly voluntary and in no event shall Darling Downs Fresh Eggs or any of its agents be liable for damages to any user of the directories for the selection of a dealer or manufacturer for the services provided by any dealer or manufacturer listed therein, or for any other damages which may occur as a result thereof.
Darling Downs Fresh Eggs Web site may contain links to Web sites operated by other parties. The linked sites are not under the control of Darling Downs Fresh Eggs and Darling Downs Fresh Eggs is not responsible for the contents of any linked site or any link contained in a linked site or any changes or updates to such sites. The appearance of any product, service or Web site link on the Darling Downs Fresh Eggs Web site and/or in its e-newsletters does not imply endorsement, approval or warranty by Darling Downs Fresh Eggs and Darling Downs Fresh Eggs disclaims all liability with regard to any such products, services or Web site links.
User Submissions
By submitting communications to any part of the Darling Downs Fresh Eggs web site you automatically grant or warrant that the owner of such communications has expressly granted Darling Downs Fresh Eggs a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display your name and the communication alone or as part of other works in any form, media, or technology whether now know or hereafter developed. You warrant that any and all information submitted by you and posted in the Darling Downs Fresh Eggs directories is true and correct.
Fees and Charges for Subscription
Darling Downs Fresh Eggs provides a free service to users for Subscribing to be Listed on the Darling Downs Fresh Eggs Directory Service.
Darling Downs Fresh Eggs reserves the right to alter its service at anytime.
By Subscribing to the Darling Downs Fresh Eggs Directory Service you automatically agree to pay all fees accumulated by your particular subscription to the Darling Downs Fresh Eggs Directory Service until such time that the account has been terminated by you (The User) or Darling Downs Fresh Eggs as per the ‘Account Termination’ Clause in this agreement.
Account Termination
Darling Downs Fresh Eggs reserves the right to Terminate your subscription if Darling Downs Fresh Eggs, in its sole discretion, determines that you have engaged in conduct that violates the law or the terms of this agreement.
You (The User) agree to give Darling Downs Fresh Eggs 14 days notice of any Termination to your subscription and agree to pay any periodic payments, fees and charges that occur within that 14 day period.
Indemnification
You agree to indemnify, defend and hold harmless Darling Downs Fresh Eggs, its officers, directors, employees, agents, information providers, partners, advertisers and suppliers from and against all losses, expenses, damages and costs, including reasonable solicitor’s fees, resulting from any violation of this agreement or any activity related to your account (including infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing Darling Downs Fresh Eggs web site and using your service account.
Waiver, Release and Limitation of Liability
You agree that neither Darling Downs Fresh Eggs, nor its officers, directors, employees, agents, information providers, partners, advertisers or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of Darling Downs Fresh Eggs web site. You hereby release and forever waive any and all claims you may have against Darling Downs Fresh Eggs, its officers, directors, employees, agents, information providers or suppliers (including but not limited to claims based upon the negligence of Darling Downs Fresh Eggs, its officers, directors, employees, agents, information providers, partners, advertisers or suppliers) for losses or damages you sustain in connection with your use of Darling Downs Fresh Eggs.
Notwithstanding the foregoing paragraph, the total liability of Darling Downs Fresh Eggs, its officers, directors, employees, agents, information providers, partners, advertisers and suppliers, if any, for losses or damages shall not exceed the fees paid by the user for the particular information or service provided. In no event shall Darling Downs Fresh Eggs, its officers, directors, employees, agents, information providers, partners, advertisers or suppliers be liable to you for any losses or damages other than the amount referred to above. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of Darling Downs Fresh Eggs web site are hereby excluded even if Darling Downs Fresh Eggs, its officers, directors, employees, agents, information providers, partners, advertisers or suppliers have been advised of the possibility of such damages.
Neither Darling Downs Fresh Eggs, nor any of its affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this site, or resulting from the act or omission of any other party involved in making this site or the data contained therein available to you, or from any other cause relating to your access to or your inability to access the site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Darling Downs Fresh Eggs or of any vendor providing software or services support.
Third Party Rights
The provisions of Indemnification and the Waiver, Release and Limitation of Liability are for the benefit of Darling Downs Fresh Eggs and its officers, directors, employees, agents, licensors, suppliers, and information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Miscellaneous
You agree not to post any information which (a) is libellous, defamatory, obscene, fraudulent, false, unlawful, or contrary to the ownership or intellectual property rights of any other person, or (b) contains any virus, worm, or other code which is contaminating or destructive to the files or programs of Darling Downs Fresh Eggs or any of our users. Darling Downs Fresh Eggs may deny you access to all or part of the Darling Downs Fresh Eggs Web site if Darling Downs Fresh Eggs, in its sole discretion, determines that you have engaged in conduct that violates the law or the terms of this agreement.
Advertisers and sponsors of the Darling Downs Fresh Eggs Web site and/or its e-newsletters have no influence on editorial content or presentation.
Darling Downs Fresh Eggs reserves the right to alter this agreement at anytime without prior notification.
Please see the Darling Downs Fresh Eggs Privacy Policy.
If any clause or provision of this agreement is determined to be illegal, invalid or unenforceable under present or future law, then, in that event, such clause or provision will be severed from this agreement without affecting the enforceability of all remaining clauses and provisions.
Jurisdiction
By agreeing to these terms and conditions and using this website you irrevocably agree that this website is governed by the laws of the Queensland, Australia and you submit to the jurisdiction of the Queensland, Australia.
General
You may not assign, sub-license, or otherwise transfer any of your rights under these Terms of Conditions.
If any provision of these Terms of Considtions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining Terms, or portion thereof, which shall remain in full force and effect. Failure by either party to exercise any right or remedy under these Terms of Conditions does not constitute a waiver of that right or remedy. Headings in these Terms of Use are for convenience only and will have no legal meaning or effect.
