Terms & Conditions
Terms & Conditions
These Terms and Conditions apply to the use of this Website. In using this Website and our services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must refrain from using the Website.
In these Terms and Conditions:
1.1 "we", "us" and "our" are references to Peerless Holdings Pty Ltd ACN 004 280 979 trading as Peerless Foods;
1.2 "the Website" means our website located at www.copha.com.au; and
1.3 "you" and "your" are references to you as the user of the Website.
2. Your use of the Website
2.1 You are provided with access to and are authorised to download or print a copy of material contained on this Website only for your personal use. Further, you may not, without our written permission, on-sell any information obtained from this Website. You may not use any data mining robots or other extraction tools, nor metatag or mirror the Website without our prior written permission.
2.2 You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked website.
2.3 You must not use this Website:
(a) in breach of any laws or regulations;
(b) to transmit unsolicited emails/spam; or
(c) to defame, abuse, harass, threaten or otherwise harm any person.
3. Advice and information appearing on the Website
3.1 All information and advice (including but not limited to information and advice on health, nutrition, recipes and other culinary matters) appearing at the Website is provided in good faith. While we have no reason to believe that any particular information (including but not limited to any product description) contained on this Website is inaccurate, to the extent permissible at law we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this Website updated. Where we become aware of any misdescription, we reserve the right to correct any error or omission. We do not represent that we have tested any recipe submitted by any user and we do not guarantee or represent that any recipe so submitted is nutritious, safe, free from allergens, or that following any such recipe will achieve any particular health, culinary or other outcome. You must use your own independent judgment in choosing to use any recipe.
3.2 Images appearing on the Website are provided for illustrative purposes only and we do not guarantee that any image appearing on the Website will in all cases reflect a product’s true appearance, that any given image will reflect or portray the full design of or options relating to that product nor that following any recipe posted on the Website will result in the making of any dish or item exactly or substantially resembling that in any photo posted on the Website.
3.3 You accept that any information provided by us is general information and is not in the nature of advice. Any information provided on the Website is not intended to be used as a substitute for obtaining personalised professional advice from a qualified practitioner or other expert.
3.4 Without limiting any other provision of these Terms and Conditions, we are not responsible for and accept no liability in respect of any material uploaded, posted or transmitted to the Website by any person other than us. Our editorial control is limited to the selection of materials to make available, although we reserve the right to review any content and amend or alter it as we see fit. Any opinions, advice or recipes submitted by third parties remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purposes. Where the information made available on this Website contains opinions or judgements of third parties, we do not purpose to endorse the contents of that opinion or advice.
4.1 We do not make any representations or warranties that your access to the Website will be uninterrupted, timely, secure or error free.
4.2 We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website or any linked website, nor do we accept responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website.
4.3 To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded. Where legislation (including the Australian Consumer Law) implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited to the maximum extent permissible at law.
4.4 In no circumstance will we be liable to you for any indirect, incidental, special and/or consequential losses or damage (including loss of profits, revenue, production, goodwill, data or opportunity or any physical injury) of any nature arising through or as a result of your use of the Website.
5. Intellectual property rights
5.1 Copyright in this Website (including text, recipes, graphics, logos, icons, photos, sound and audiovisual recordings and software) is either owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation throughout the world, and except as expressly authorised by these Terms and Conditions or with our prior written permission, you may not in any form or by any means reproduce, adapt, store, distribute, print, display, perform, communicate to the public or create derivative works from any part of or any content appearing on this Website. If you provide us with any content for inclusion on the Website, you grant us an irrevocable, royalty-free licence to use and reproduce that content on the Website.
5.2 When you submit a recipe or any other content for display or publication on the Website, we do not guarantee that we will display, reproduce or otherwise use or to continue to use it. You grant us a perpetual, irrevocable and sub-licensable licence to use and reproduce that content. You represent and warrant that all such content will be original, is not copied from any other source and will not infringe any third party’s intellectual property (including but not limited to copyright) rights.
5.2 "Peerless Foods" and “Copha” are our registered trade marks and may not be used except with our prior written consent.
5.3 Without limiting our rights all trade marks, brands and logos that appear on the Website are either owned by us or we have a licence to use them. Your access to and use of our Website does not license you to use those trade marks in any commercial sense.
5.4 “RICE BUBBLES is a registered trade mark of Kellogg Company. Used with permission.”
6. Restrictions on Use and Conduct
6.1 From time to time we may include functionality for users to upload material to or make comments, submit recipes or make other postings on the Website. If you avail yourself of these facilities, you must not:
(a) upload, post, transmit or otherwise make available on the Website any content that promotes, encourages or provides information about unlawful conduct or activities, infringes any third party’s intellectual property rights or breaches confidentiality, includes a photograph or other likeness, or personal information of another person without their consent, contains pornography, nudity, sexual acts or references, contains profanities, swearing, or vulgarity, you reasonably respect to be misleading, false or deceptive (whether by representations or omissions), inaccurate or ineffective, or contains viruses, worms or other types of malicious or harmful programs, nor take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
(b) damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to us or do anything that compromises the security of the Website.
7. Updates and newsletters
7.1 The Website contains facility for you to receive updates and newsletters from us. Where you register to receive same you consent to the dissemination of such information to the email address provided by you or to any other method agreed by you.
8.1 You agree to fully indemnify and hold us harmless against any expenses, costs, loss or damage (including consequential loss) that we may suffer or incur as a result of or in connection with your use of the Website and any breach of these Terms and Conditions.
9.1 This Website may contain links to other websites ("linked websites"). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
9.2 Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
9.3 You may link to our Website with our written consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our Website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
11. Termination of Access
11.1 The operation of, and your access to this Website may be terminated (whether temporarily or permanently) at any time by us without notice. Those of the Terms and Conditions that are capable of surviving termination will survive any such termination.
12. Governing Law
12.1 These Terms and Conditions are governed by the laws in force in Victoria, Australia.
13. Amendments to Terms and Conditions
13.1 We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent and agreement by you to be bound by the Terms and Conditions as amended.