GRAIN FOODS CRC LTD
DATABASE TERMS AND CONDITIONS OF USE
In these terms and conditions, unless the context otherwise requires:
"Content" means the Information contained in and made available to you through the Database, including all text, graphics, marks, layouts and other materials, that are contained in the Database;
"Grain Foods" means Grain Foods CRC Ltd ABN 67 105 757 711, of Riverside Corporate Park, 1 Rivett Road, North Ryde, NSW, 2113, Australia, and its related bodies corporate;
"Database" means the Grain Foods electronic database which Grain Foods operates under the domain name http://ccg.murdoch.edu.au/nutritiondb/, and includes all or any of the applications contained on that Database;
2. Application and Variation of these Terms
2.1 Your use of the Database is governed by these terms and conditions and signifies your acceptance of these terms and conditions.
2.2 Grain Foods may at any time, in its sole discretion, amend, vary or modify these terms and conditions.
2.3 Grain Foods may give notice of any modification to the terms and conditions but it is your responsibility to check for any such modification each time you use the Database.
2.4 Modifications to the terms and conditions will be effective immediately and any subsequent use by you of the Database will constitute your acceptance of the modifications.
3. Use of and access to the Database
3.1 You are responsible for maintaining the secrecy and confidentiality of all identification and log-in information (including user name and password) required for you to access the Database or any part of it. You agree to notify Grain Foods immediately if any of this information has been or is suspected to have been compromised by loss, theft, manipulation or any other means.
3.2 You agree not to disclose to any other person, corporation, entity or organisation any identification or log-in information, whether in use or not, relating to the Database.
3.3 You acknowledge and agree that, unless expressly indicated to the contrary, the Content is the intellectual property of Grain Foods (including any copyright, trademark rights and patent rights).
4. Your Acknowledgments
You acknowledge that:
(a) the Content is assembled from publicly available sources, while Grain Foods has taken reasonable steps to verify its accuracy, it does not guarantee, and accepts no responsibility for, the accuracy, completeness, reliability or timeliness of the Content;
(b) Grain Foods does not represent or warrant that any files obtained from or through the Database or any Related Database are free from computer viruses or other defects.
(c) Links and frames connecting the Database with other websites are for convenience only and do not mean that Grain Foods endorses or approves those other websites, their content or the people who run or contribute to them. You will not represent that Grain Foods endorses or approves any other website (which links to the Database or contains Database Materials), its content or the people who run or contribute to it.
5. Suspension and Disconnection
5.1 Grain Foods may without notice suspend the Database or disconnect or deny you access to any part of the Database:
(a) during any technical failure, modification or maintenance involving the Database;
(b) if you fail to comply with these terms and conditions or any other agreement with Grain Foods; or
(c) if you do, or allow to be done, anything which in Grain Foods opinion may have the effect of jeopardising the operation of the Database.
5.2 Grain Foods may make improvements and/or changes to the Database or Content at any time without notice.
6. Disclaimer of Warranties
6.1 You accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from your use of the Database and Content or any other website or database accessed via this Database and your use and reliance on the Content;
6.2 Grain Foods and each of its respective directors, officers and agents:
(a) excludes, to the maximum extent permitted by law, all express or implied warranties of any kind (including warranties as to merchantability, non-infringement of intellectual property or fitness for a particular purpose) in relation to the Content and any information or materials on the Database or any Related Website; and
(b) is under no obligation to update the Content or any information or materials on the Database, or correct any inaccuracy which may become apparent at a later time.
6.3 The Database may contain, or be linked (by hypertext link, frame or other reference) to, advice, statements and opinions of third parties, information providers or content providers. Grain Foods does not warrant the accuracy, timeliness, reliability or completeness of any such advice, statements and opinions. Reliance on these is at your own risk.
6.4 Grain Foods does not warrant or represent that materials on Related Websites and databases do not infringe the intellectual property rights of any person. By linking the Database to other websites or databases or allowing other websites or database to link to the Database, Grain Foods does not authorise infringement of any intellectual property rights contained in materials on such other sites.
7. Liability and Indemnity
7.1 To the extent allowed by law, Grain Foods is under no liability to you (including liability in negligence) in respect of any loss or damage which may be suffered or incurred or which may arise directly or indirectly in respect of your use of the Content or Database.
7.2 You agree to fully indemnify and hold Grain Foods harmless against all and any loss, costs, expenses, demands, actions, proceedings or liability incurred or suffered by Grain Foods as a result of a breach by you of these terms and conditions or any wilful, unlawful or negligent act or omission by you.
8. Governing Law
This legal statement shall be governed by and construed in accordance with of the laws of New South Wales, Australia. If any provision of this legal statement shall be unlawful, void or for any reasons unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
If you have any questions about this statement, please contact our Database administrator:
Postal Address: PO Box 520 North Ryde NSW 1670 Australia
Telephone: +61 (0)2 8877 7875