Terms and Conditions
Mount Gambier Foods and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Mount Gambier Foods, you accept these conditions. Please read them carefully. In addition, when you use any current or future Mount Gambier Foods service, you also will be subject to the guidelines and conditions applicable to such service.
When you visit Mount Gambier Foods or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Mount Gambier Foods or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Mount Gambier Foods and protected by international copyright laws. All software used on this site is the property of Mount Gambier Foods or its software suppliers and protected by international copyright laws.
LICENSE AND SITE ACCESS
Mount Gambier Foods grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Mount Gambier Foods. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Mount Gambier Foods. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mount Gambier Foods and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Mount Gambier Foods's name or trademarks without the express written consent of Mount Gambier Foods. Any unauthorised use terminates the permission or license granted by Mount Gambier Foods. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Mount Gambier Foods so long as the link does not portray Mount Gambier Foods, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Mount Gambier Foods logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Mount Gambier Foods and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion and without prior notice.
Mount Gambier Foods and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your complaint.
RISK OF LOSS
All items purchased from Mount Gambier Foods are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the address or nominated carrier you have specified in your order.
Mount Gambier Foods and its affiliates attempt to be as accurate as possible. However, Mount Gambier Foods does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Mount Gambier Foods itself is not as described, your sole remedy is to return it in unused and unopened condition. Please refer to our Warranty, Shipping & Returns statement at the bottom of our homepage.
Mount Gambier Foods may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Mount Gambier Foods does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY MOUNT GAMBIER FOODS ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOUNT GAMBIER FOODS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MOUNT GAMBIER FOODS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOUNT GAMBIER FOODS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MOUNT GAMBIER FOODS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOUNT GAMBIER FOODS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
By visiting Mount Gambier Foods, you agree that the laws of South Australia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Mount Gambier Foods or its affiliates.
Any dispute relating in any way to your visit to Mount Gambier Foods or to products you purchase through Mount Gambier Foods shall be submitted to confidential arbitration in South Australia, except that, to the extent you have in any manner violated or threatened to violate Mount Gambier Foods's intellectual property rights, Mount Gambier Foods may seek injunctive or other appropriate relief in any court in Australia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of an independent arbitrator. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies also govern your visit to Mount Gambier Foods. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.