Terms and Conditions

Introduction
McCAIN TERMS AND CONDITIONS OF SALE

McCAIN WEBSITE TERMS AND CONDITIONS OF USE
This website and its contents (“website”) is owned and operated by McCAIN FOODS (AUST) PTY LTD (A.C.N. 000 629 587) (“McCain”).
By accessing or using the website, you agree to accept and comply with the terms, conditions, notices and disclaimers contained in the terms and conditions, the Privacy Policy and elsewhere on the website (known collectively as “Terms and Conditions”).
The Terms and Conditions govern the use of this website.

McCain reserves the right to amend these Terms and Conditions at any time without notice. We therefore encourage you to check this document regularly.

Applicable law
The Terms and Conditions are governed by and to be construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia. In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms and Conditions will remain in full force and effect.
McCain makes no representation that the content of the website complies with the laws of any country outside Australia or New Zealand. All rights not expressly granted herein are reserved.

Links to Third Party Sites & Third Party Advertisements
McCain assumes no responsibility and accepts no liability for the condition or content of third party websites that may be linked to or accessed from the website. Except as McCain may specifically direct otherwise, McCain does not authorise the content of those third party websites. The website may also contain third party advertisements which contain embedded hyper-links to websites operated by third parties. The placement of third party advertisements on this website does not necessarily constitute the recommendation or endorsement of McCain for such goods or services. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase from those third parties.

Competitions and Promotions
Certain parts of the website may contain competitions or promotions from McCain or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the website from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, McCain specifically retains the right, at any time and without notice, to remove, alter or add to competitions or promotions on the website without any liability to you.

Membership
McCain reserves the right to restrict certain content on the website to McCain Foodservice members only. To become a member of the McCain Foodservice website, you must validly complete and submit the Foodservice Registration form which can be located on the website.

Disclaimer and liability
This website is provided on an “as is” basis. While McCain has used its best endeavours to ensure that the information contained on and accessed through the website is correct and current at the time of publication, McCain does not accept responsibility for any error, omission or defect in the information.
To the fullest extent permissible by law, McCain, its affiliated companies and their respective directors, employees, agents and contractors:

(a) Do not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the website, your access to the website or results of your access, or the information, content, materials or products on the website; and
(b) Do not warrant that the functions on the website will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits content to you is free of viruses or other harmful components.

Subject to any non-excludable liability for breach of conditions or warranties express or implied by legislation and to the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of McCain, its affiliated companies or their respective directors, employees, agents and contractors) will McCain, its affiliated companies or their respective directors, employees, agents or contractors accept liability for any loss or damage whatsoever resulting from any use or access, or any inability to use or access the website, or arising out of or in connection with any goods or services supplied by McCain.

Indemnity
You agree to indemnify and keep indemnified McCain, its affiliated companies and their officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to the your use of the website (or any part of it) or the violation of these Terms and Conditions by you, or the infringement by you, of any intellectual property or other right of any person or entity.

Intellectual Property & Restrictions On Use Of Content
The website is subject to copyright under Australian law, New Zealand law and under international treaties, and the laws of many other countries. You acknowledge that the website contains trademarks, intellectual property and copyright protected works (“Intellectual Property”) which is owned by McCain, and third parties. You must not make any representation to the contrary and you must not use or copy content from the website in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property or prejudice those rights. In certain instances, as indicated on the website, materials from the website can be downloaded, including recipes and brochures. If you download materials from the website, you must not republish or retransmit the materials or any part thereof (except where expressly stated or permitted to the contrary on the website), and you acknowledge that the Intellectual Property in those materials will remain the property of the respective owner. Some materials from the website may be downloaded in high resolution. All download times will be subject to network bandwidth availability and the speed of your connection to the Internet.

Termination and Cancellation
McCain reserves the right in its sole discretion to revise the content of, amend links from, or withdraw access to the website, at any time without notice. Without limiting the operation of any other Terms and Conditions herein, McCain will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on McCain’s liability will survive such termination.