TERMS AND CONDITIONS

TERMS AND CONDITIONS OF USE OF VITTORIA FOOD AND BEVERAGE WEBSITES

1      Introduction

1.1  Your use of this website and any other website  operated by Cantarella Bros Pty Ltd (the Website(s)) trading as Vittoria Food and Beverage (Vittoria, Us and We) are governed by these terms and conditions of use (the Terms of Use) and the laws of New South Wales, Australia. You agree to submit to the jurisdiction of the courts of New South Wales, Australia.

2      Use of the Website

2.1  By accessing and using the Websites, you represent and warrant that:

a. you have legal capacity to enter into these Terms of Use; and

b. you have had sufficient time to read and understand the Terms of Use and agree to be bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use the Website(s).

2.2  You acknowledge and agree that you must not:  

a. Use the site for any activities that breach any laws or infringe any third party’s rights;

b. tamper with or hinder the operation of the Website(s); 

c. knowingly transmit any viruses, worms, defects, Trojan horses, or similar disabling and malicious code to the Website(s);

d. modify, adapt or reverse engineer any portion of the Website(s);

e. use the Website(s) in any manner or way, which interferes with the use by any other use or customer, or defames, harasses, threatens, vilifies or offends any person, or prevents any other person or group from using or enjoying the Website(s); 

f. make fraudulent enquiries, purchases or requests through the Website(s); 

g. use the Website(s) engage in any illegal conduct; 

h. use the Website(s) other than in accordance with these Terms of Use, or

i. attempt, engage or permit another person to do any of the above acts.  

2.3  You acknowledge that We may conduct competitions via this Website(s), and these competitions will be governed by separate terms and conditions, in addition to these Terms of Use.

2.4  We reserve the right to modify or update these Terms of Use from time to time and will post the updated version here. We encourage you to check the Terms of Use regularly

2.5  If any of these Terms of Use are found to be invalid, illegal or unenforceable for any reason, that portion will be severed from these Terms of Use and will not affect the enforceability and validity of remaining terms. 

3. Membership  

3.1.   You may become a member to the Website(s) by completing the Registration Form or by purchasing from the Website(s). You warrant that any and all information you provide is accurate, complete and up-to-date, and you agree to keep your membership information current at all times by accessing your account via the Website(s)s Your personal information will be held and used in accordance with our Privacy Policy.

3.2.  You must be over the age of eighteen (18) years of age in order to become a member to the Website(s)s, and otherwise place an order for goods.      

3.3.  We only permit one registration per email address provided in the Registration Form. If you elect to use your workplace email address, then you accept and are responsible for, compliance with your workplace’s policies in relation to emails.

3.4.  You must keep your password secure, and you agree to immediately notify Us as soon as you become aware of any security breach or unauthorised use of your password or account as soon as you become aware. 

3.5.   Membership is non-transferable.

3.6.  We reserve the right to cancel your membership at any time, without notice, for any reason whatsoever, including but not limited to, a breach or suspected breach of these Terms of Use or our Terms of Sale

4      Intellectual Property

4.1  Nothing in these Terms of Use constitutes a transfer of any intellectual property rights.

4.2  You acknowledge that the copyrights, trademarks and other intellectual property rights in the artwork, graphics, text, video and audio clips, logos and other content available on the Website(s) (“Content”) is owned by, or licensed to, Vittoria. Vittoria also retains full and complete title to all such Content, including any downloadable software or code, any images incorporated in or generated by the software, and all data accompanying it.

4.3  You may download Content from the Website(s) for your personal, non-commercial use provided you do not remove any copyright and trade mark notices contained on the Content.

4.4  Save for the permitted uses at 4.3, you must not use the Website(s) or the Content on the Website(s) for any other purpose without the express written consent of Vittoria.

5      Warranties, Representations and Liability

5.1  Vittoria (and its employees, servants or agents)  does not warrant or make a representation that: 

  1. the Website(s), or the server that makes the site available on the internet are free of software viruses;
  2. the functions contained in any software contained on the Website(s) will operate uninterrupted or are error-free; and
  3. errors and defects in the Website(s) will be corrected.

5.2  Neither Vittoria (and its employees, servants or agents) nor any other party involved in creating, producing, or delivering the Website(s) is liable for any direct, incidental, consequential, indirect loss, or punitive damages arising out of  your access to, or use of, or inability to use or access, the Website(s) whether due to a breach of contract, breach of warranty, negligence, or otherwise even if Vittoria has been notified or advised of the possibility of such damages.

5.3  Vittoria assumes no responsibility, and shall not be liable for,

  1. any damage to, or virus that may infect, your computer equipment or other property on account of your access to, use of browsing in the Website(s), or your downloading of any Content;
  2. errors or omissions in the Website(s), or linked sites on the internet;
  3. delays to, interruptions of or cessation of the services provided in the Website(s), or linked sites,

except provided that we do not limit in any way our liability at law for death or personal injury caused by our negligence.

5.4  To the extent permitted by law, everything on the Website(s) is provided to you “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.  

6      Indemnity

You agree to defend, indemnify and hold harmless Vittoria (its affiliates, directors, officers, employees, agents, shareholders, licensors and representatives) and any other party involved in creating, producing or delivering the Content and/or the Website(s), from and against all claims, losses, costs and expenses (including without limitation attorneys’ fees) arising out of:

  1. your use of, or activities in connection with, the Website(s), the services, or the software; and
  2. any violation of these Terms of Use.

7      Third Party Websites

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7.   

7.1.  The Website(s) contains links to sites on the internet owned and operated by third parties and which are not under the control of Vittoria.

7.2.  In relation to the other sites on the Internet, which are linked to the Website(s), Vittoria:

  1. provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by the owner of the linked site; and
  2. is not responsible for the material contained on those linked sites.

8      Breach of these Terms of Use

8.1  Vittoria may, in its sole discretion, prevent you from using and/or accessing the Website(s) or remove and discard any content within the Website(s), for any reason, including without limitation, if Vittoria believes that you have breached these Terms.

8.2  Vittoria reserves the right to contact any authority, consultant or advisor, and to disclose any personal or other information it reasonably consider necessary to take legal action, regarding your conduct or use of the Website(s).