Use of this Site

Terms & Conditions

1. Introduction
(a) In these terms and  conditions (the Terms and Conditions), “we”, “our” or “us” means Green  Grove Organics Pty Ltd or our Trading name of Junee Licorice &  Chocolate Factory and or Corowa Whisky & Chocolate Factory.
(b) Please  read the Terms and Conditions carefully as they apply to your use of  the internet site www.greengroveorganics.com  By using the Site(s) you  agree to be bound by the Terms and Conditions including those revisions  referred to in (c).
(c) We may revise the Terms and Conditions from  time to time by updating this posting. The revised terms will take  effect when they are posted.
(d) Your use of some parts or features  of the Site(s) may be governed by additional terms and conditions. Where  this is the case you will be notified accordingly, and those additional  terms and conditions:
(i) will apply to your use of such parts or features of the Site(s) in addition to these terms and conditions; and
(ii) will prevail over the Terms and Conditions to the extent of any inconsistency.

2. Intellectual Property Rights
(a) You  acknowledge that the Content on the Site(s) is subject to copyright,  trade mark and possibly other intellectual property rights. In these  Terms and Conditions, “Content” means anything that you may see, read,  hear, upload, download or access on or via the Site(s) (including but  not limited to messages, files, data, software, images, artwork,  graphics, design, photographs, illustrations, text, music, songs,  videos, tags and other materials or subject-matter on the Site(s)).
(b) Unless  you are expressly authorised by us, or otherwise by law, you must not  do any of the following yourself, or permit or authorise any other  person to:
(i) sell, reproduce, publish, distribute, communicate to  the public (e.g. by making available online or electronically  transmitting) modify, display, perform in public, prepare derivative  works based on or make an adaptation of, repost or otherwise use any of  the Content (or any readily identifiable portion of the Content) in any  way without our prior written consent; or
(ii) otherwise infringe the intellectual property rights of any person in using the Site(s) or any Content.
(c) Nothing  you do on or in relation to the Site(s) will transfer any intellectual  property rights to you or license to you any intellectual property  rights unless this is expressly stated.
(d)  All other trademarks appearing on our Site(s) are the property of their respective owners.
(e) Maps that are presented in this website have been provided by (                             )

3. Content of the Site(s)
(a) We  attempt to keep the Content of the Site(s) up to date. However, we do  not warrant the accuracy or currency of the Content.
(b) You acknowledge that the Content on the Site(s) is subject to change at any time.
(c) All prices quoted on the Site(s) are in Australian dollars unless otherwise indicated.
(d) Prices quoted on the Site(s) should be used as a guide only as they may change from time to time.
(e) Some  of the Content on the Site(s), including articles, sponsorships and  promotions, constitute paid advertising (Sponsored Content). This means  that Green Grove Organics may have received a payment or other benefit  in return for publishing or disseminating the Sponsored Content on the  Site(s). Green Grove Organics does not verify, endorse or otherwise  approve Sponsored Content.
(f) The views which are expressed by  members of the public who have uploaded Content to the Site(s) are not  our views and we accept no liability in respect of any Content posted on  the Site(s) by third parties, nor are we responsible for its content or  accuracy. Any reliance you place on Content posted on the Site(s) is at  your own risk.
(g) If you consider any Content that has been posted  to the Site(s) is offensive, unsuitable or has in some other way  breached these Terms and Conditions, please email us at  enquiries@greengroveorganics.com with a link to the relevant Content and  your reasons for objecting to it. We will consider your objection and  determine whether the Content should be removed at our sole discretion.

4. Your Use of the Site(s)
(a) You must not:
(i) use the Site(s) without the authority and supervision of a parent  or guardian, if you have not reached the age of majority under any  Applicable Law;
(ii) disrupt or interfere with the Site(s) or servers or other software, hardware or equipment connected to or via the Site(s);
(iii) reproduce any Content from our Site(s) without our express  written permission, which we may withhold or grant (on terms acceptable  to us), in our absolute discretion;
(iv) violate any applicable law relating to your use of the Site(s); or
(v) use or disseminate personal data or private information about other users of the Site(s).
(b) In  these Terms and Conditions, Applicable Law in relation to any person,  action or thing means the following in relation to that person, action  or thing:
(i) any law, rule or regulation of any country (or political sub-division of a country);
(ii) any obligation under any licence in any country (or political sub-division of a country); and
(iii) any lawful and binding determination, decision or direction of a  regulator in any country (or political sub-division of a country).

5. Links, Downloads, Plug-ins, Features and Advertisements
(a) We  have not reviewed all of the websites, downloads, plug-ins, features or  advertisements linked to the Site(s) and are not responsible for the  content or accuracy of any such off-Site materials, including any  websites linked to the Site(s) through advertisements or search engines  (collectively, Third Party Material). The linking of our Site(s) to any  Third Party Material does not imply that we endorse the linked material,  and you use the links at your own risk. We do not accept any  responsibility or liability for any claims, losses, costs, expenses or  damages of any kind (including legal fees) arising out of your use of  these links or of the descriptions or information supplied there.
(b) You  agree that you will not misuse any downloadable Content included on the  Site(s), including but not limited to, reproducing, adapting,  communicating the Content to the public, including the Content on  another website or making misleading or false representations about the  Content, unless expressly authorised by Green Grove  Organics.                             (c) Your correspondence or  dealings with, or participation in promotions or business of,  advertisers on the Site(s) are solely between you and such advertisers.  We will not be liable or responsible for any loss or damage of any sort  incurred as the result of any such dealings or as the result of the  presence of advertisements on the Site(s).

6. Posting to the Site(s)
(a) There  may be facilities in the Site(s) for you to submit or post Content to  the Site(s). For Content you submit for posting to the Site(s) (in  whatever format):
(i) you absolutely and unconditionally assign (and  agree to use your best endeavours to procure any relevant third parties  to absolutely and unconditionally assign) to us all right, title and  interest in all intellectual property rights in any Content you submit  to the Site(s);
(ii) you agree that whether and in what form the  Content is published on the Site(s) is at Green Grove Organics sole  discretion;
(iii) you give unconditional consent for the Content to  be altered, edited or adapted as Green Grove Oragnics or a sub-licensee  thinks fit, including in a way that would otherwise be a breach of your  moral rights.  This consent extends to licensees and successors in  title, and to all persons who are authorised by the owner or prospective  owner, or by such a licensee or successor in title, to do acts  comprised in the copyright;
(iv) you agree that you do not require, nor does anyone else require, attribution for the Content;
(v) you acknowledge that you may be held legally responsible for the  Content you submit.  You acknowledge that you must evaluate and bear all  risks associated with the use of any Content, including any reliance on  the accuracy, completeness or usefulness of such Content;
(b) For Content you submit for posting to the Site(s) (in whatever format) you agree not to:
(i) upload, post, transmit or otherwise make available any Content that  is unlawful, harmful, threatening, abusive, harassing, pornographic,  defamatory, vulgar, obscene, related to gambling, libellous, invasive of  another’s privacy, hateful, or radically, ethnically or otherwise  objectionable, including but not limited to;
(A) Content that depicts or alludes to or promotes offensive or illegal behaviour;
(B) Content that exploits people in a sexual or violent manner;
(C) Content that harasses or advocates harassment of others;
(D) Content that promotes or incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
(E) Content that contains nudity, violence, or contains a link to an adult website;
(F) Content that provides any telephone numbers, street addresses, last  names, personal banking or financial information, URLs or email  addresses;
(G) Content that promotes information that the user knows  is false or misleading or promotes illegal activities or conduct that  is abusive, threatening, obscene, defamatory or libellous;
(H) Content that furthers or promotes any criminal activity or  enterprise or provides instructional information about illegal  activities including, but not limited to making or buying illegal  weapons, violating someone’s privacy or creating computer viruses; or
(I) Content that includes a photograph or image of another person or  another person’s property that has been submitted without that person’s   consent (or where that person is under the age of majority under an  Applicable Law, the consent of their parent or legal guardian);
(ii) impersonate any person or entity, or falsely misrepresent your affiliation with a person or entity;
(iii) upload, post, transmit or otherwise make available any Content  that you do not have the right to make available under any Applicable  Law or under any contractual or fiduciary relationships (such as  proprietary and confidential information learned or disclosed as a part  of employment relationships);
(iv) upload, post, transmit or  otherwise make available any Content that infringes any patent, trade  mark, confidential information, copyright or other proprietary rights of  any party;
(v) upload, post, transmit or otherwise make available  any unsolicited or unauthorised advertising and promotional materials;  or
(vi) upload, post, transmit or otherwise make available any material that contains software viruses or any malicious code;
(c) By posting Content to the Site(s) you warrant that:
(i) you have the rightful power and authority to provide the Content in the form and manner and name in which it is submitted;
(ii) you own the Content and have the right to assign copyright  ownership and other Intellectual Property Rights in the Content to us;
(iii) the Content does not violate the privacy rights, copyright,  contract rights or other rights (including but not limited to  intellectual property rights) of any person, corporation or entity;
(iv) the Content does not contain material that is illegal, contrary to  any laws, indecent, obscene, threatening, discriminatory, harassing, in  breach of any confidence, defamatory, libellous, offensive or  objectionable;
(v) if the Content in any way includes third parties  or the property of third parties, that you have obtained the required  consents and releases from those third parties (or their parents or  legal guardians, as applicable) to include them in your Content;
(vi) your Content does not contain any representations or material which  you know or suspect (or ought reasonably to have known or suspected) to  be false, misleading or deceptive;
(vii) your Content does not contain material that has been previously broadcast, streamed, published or televised in any way;
(viii) you will not post Content or use the Site(s) for the purpose of  advertising, promoting or soliciting any goods or services or otherwise  engage in trade or commerce;
(ix) during the course of creating your  Content your conduct was not illegal, contrary to any Applicable Law,  indecent, obscene, threatening, discriminatory or harassing to any  person; and
(x) you agree to your Content being available on the  Site(s) for public viewing and comment and that your Content may be used  by Green Grove Organics or its sub-licensees in any media for an  unlimited period of time without remuneration or compensation for any  purpose in our sole discretion.

7. Monitoring of Content
(a) You  acknowledge that Green Grove Organics may or may not pre-screen  Content, and that there is no obligation on Green Grove Organics to  pre-screen Content, and that Green Grove Organics pty ltd shall have the  right (but not the obligation) in its sole discretion to pre-screen,  refuse or remove any Content provided by you.
(b) Without limiting  paragraph (a), you agree that Green Grove Oragnics may edit, remove or  not publish any Content if it considers that:
(i) the Content is  unlawful in any way, including because it is defamatory or breaches laws  about unlawful discrimination, racial vilification, privacy or  contempt;
(ii) the Content is false or misleading;
(iii) publication of the Content will infringe intellectual property rights (including copyright) or a person’s moral rights;
(iv) the Content is abusive, offensive or obscene; or
(v) the Content is otherwise in breach of these Terms and Conditions.
(c) Although  we may from time to time monitor or review Content, discussions, chats,  postings or other contributions to the Site(s), we are under no  obligation to do so and we assume no responsibility or liability arising  from the contents of any such communications nor for any error,  defamation, libel, obscenity, profanity or inaccuracy contained in any  such communication.

8. Indemnity
You agree to indemnify and hold  Green Grove Organics Pty Ltd and its subsidiaries, affiliates,  officers, agents, employees, partners and licensors harmless from any  claim against us arising out of Content you submit, post, transmit or  otherwise make available through the Site(s), your use of the Site(s),  your connection to the Site(s), your breach of these Terms and  Conditions, or your violation of any rights of another, including all  damages, losses, and expenses of any kind (including reasonable legal  fees and costs) related to such a claim.

9. On Line Shopping Facility
(a) In  order to be able to provide utilise this facility pursuant to these  Terms and Conditions you must become a registered user.  To become a  registered user you must complete your registration details in the  manner described on the website.  Registration is free but  non-transferable.  You agree to provide true, accurate and complete  information about yourself as prompted by the registration form.  You  must log into your user account in the manner required each time you  wish to make purchases from our on line shopping facility.
(b) We  reserve the right to refuse requests to register user accounts or to  terminate your registration at any time at our sole discretion.  We will  not accept any request to register a user account that we suspect is  being made by or on behalf of a user who has been suspended from the  Site(s) for breach of these Terms and Conditions or has been suspended  as a user/user of another website for vexatious, illegal or  inappropriate comments/contributions.
(c) You are responsible for  maintaining the strict confidentiality of your account login name and  password, and you are responsible for any activity under your account  and password. You agree to:
(i) immediately notify us of any unauthorised use of your password or account or any other breach of security; and
(ii) ensure that you exit from your account at the end of each session.  It is your sole responsibility to control the dissemination and use of  your password, control access to and use of your account and notify us  when you desire to cancel your account.
(d) We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

10. Privacy Policy
(a) Registration  information and other information about you is subject to our External  Privacy Policy. You understand that through your use of the Site(s) you  consent to the collection and use (as set forth in the Privacy Policy)  of this information.
(b) During your use of the Site(s), we may issue  to and request from your computer blocks of data known as “cookies”. By  using this Site(s) you authorise us to issue such cookies to your  computer. You must not alter any cookies sent to your computer from the  Site(s) and you must ensure that your computer sends correct and  accurate cookies in response to any relevant request from the Site(s).  Please refer to Green Grove Organics External Privacy Policy (available  from the Site(s)) for more detail about the purpose for which we obtain  cookies and how we use such information as well as how Green Grove  Organics respects your privacy.

11. Security of Information
Unfortunately  no data transmission over the Internet can be guaranteed as totally  secure.  Whilst we strive to protect such information, we do not warrant  and cannot ensure the security of any information which you transmit to  us.  Accordingly any information which you transmit to us is  transmitted at your own risk, however once we receive your transmission,  we will take reasonable steps to preserve the security of such  information.

12. Use of the Site(s) Is At Your Own Risk – Disclaimer of Liability
(a) Your  use of the Site(s) is at your own risk. You must not rely on any  statement published on or linked to the Site(s) without first making  your own enquiries to verify the information.
(b) We exclude all  warranties and liability to the fullest extent permissible under any  Applicable Law. If a jurisdiction does not allow the exclusion of  implied warranties or liability but does allow limitation to a certain  maximum extent, then we limit our warranties and liability to that  extent.
(c) To the extent permitted by law, all information on or  linked to on the Site(s) is provided “as is” and “as available” without  any warranty or representation regarding condition, either express or  implied, including any implied warranties of merchantability, fitness  for a particular purpose, safety, quality, freedom from defects or  non-infringement.
(d) To the extent permitted by law, we do not accept any responsibility or liability for:
(i) any statement in the material on or linked to the Site(s); or
(ii) any direct, indirect, incidental or consequential loss related to  or arising from your doing, or not doing, anything as a result of using  (or being unable to use) the Site(s) and its Content. This includes any  claims, losses, costs, expenses or damages of any kind whatsoever  (including legal fees) incurred by you or by any third party, whether  based on warranty, contract, tort, negligence or any other legal theory,  and whether or not we know of the possibility of such damage.
(e) To  the extent we cannot exclude all liability, our aggregate liability to  you arising in relation to your use of the Site(s) or the Content  (whether arising from breach of these Terms, in negligence or any other  common law or statutory cause of action) is limited to the following,  the choice of which is at our sole discretion:
(i) In the case of goods any one or more of the following:
(A) the replacement of the goods or the supply of equivalent goods;
(B) the repair of the goods;
(C) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(D) the payment of the cost of having the goods repaired; or
(ii) in the case of services:
(A) the supply of the services again; or
(B) the payment of the cost of having the services supplied again.

13. General Provisions
(a) If  any part of the Terms and Conditions is held to be unenforceable, the  unenforceable part must be given effect to the greatest extent possible  and the remainder will remain in full force and effect.
(b) The Terms  and Conditions, and the use of the Site(s) and any contents thereof,  are in all respects governed by and according to the laws of the State  of New South Wales, Australia. By using the Site(s), you irrevocably  agree to submit to the exclusive jurisdiction of the courts of New South  Wales, Australia, for the resolution of any dispute of any kind  whatsoever, including without limitation any dispute arising out of the  interpretation or application of the Terms and Conditions, or your use  of the Site(s) or any material contained therein, or accessed thereby.

Policy reviewed 1/4/2011