Terms of use

alderroad.com.au (“the Website”) is owned and operated by Alder Road Group Pty Ltd (ACN 169 901 884) trading as Alder Road (“Alder Road”).

our Terms of use

1.1.      By accessing the Website, you agree to be bound by the terms and conditions set out herein (“Terms of Use”). Your access to and use of the Website is subject to these Terms of Use as they appear on the Website at the time.

1.2.      Food Rascal may amend these Terms of Use at its discretion at any time and without prior notice. By continuing to access the Website after an amendment to the Terms of Use have been posted on the Website, you accept the amended Terms of Use.

1.3.      If at any time, you do not accept these Terms of Use then you must immediately cease using the Website.

Your use of the Website

2.1.      Food Rascal reserves the right to deny you access to, or use of, all or part of the Website, without prior notice, if you engage in any conduct that Food Rascal believes, in its sole discretion:

2.1.1      violates any term or provision of these Terms of Use;

2.1.2    violates the rights of Alder Road or any third parties; or is otherwise deemed by Alder Road to be inappropriate.

2.1.3    You agree not to:

Content

3.1.      Alder Road reserves the right to alter the Website and any content (including but not limited to, any image, text, sound or link) made available on the Website or on any of Alder Road’s social media accounts (“Content”) at any time.

3.2.      Alder Road may discontinue, temporarily or permanently, the Website or any social media account operated by Alder Road (or any part thereof), whether for maintenance or for any other reason, with or without notice.

3.3.      You agree that Alder Road shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or any social media account operated by Alder Road.

3.4.      Alder Road reserves the right to delete at any time, any Content, or any comments on any Content, which it considers to be misleading, deceptive or otherwise in breach of these Terms of Use.

Third Party Links

4.1.      The Website, any written communication from Alder Road and the Alder Road social media accounts, may contain links to third party websites which Alder Road does not monitor, endorse, edit or review. Any access by you to any such third party websites is subject to any terms and conditions found on those websites. Alder Road does not warrant the accuracy or reliability of any information found on third party websites, nor does Alder Road ensure that such third party websites are free from any viruses or other threats.

4.2.      The Website, any written communication from Alder Road and Alder Road’s social media accounts, may contain advertisements for third parties’ goods and / or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither Alder Road nor its officers, employees, agents or related bodies corporate recommend or endorse the goods and / or services that may be advertised on the Website, the social media accounts or in any written communication from Alder Road, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If you elect to order a product or service advertised on the Website, you do so at your own risk and should first make your own enquiries about the goods and / or services.

4.3.      All prices displayed, and products and services advertised on the Website, in any written communication from Alder Road and on the social media accounts operated by Alder Road are set by the advertisers and are subject to change without notice.

Acknowledgement of fees and commissions

5.1.      You acknowledge and accept that Alder Road and its service providers may receive fees and / or other commissions from third parties for goods and / or services that are displayed or made available through:

5.1.1      the Website;

5.1.2      written communication from Alder Road;

5.1.3      Alder Road’s social media accounts; or

5.1.4      hyperlinks from any of the above.

Competitions

6.1.      Alder Road may from time to time run competitions or other promotions on the Website or on any of Alder Road’s social media accounts. Any such competitions may be subject to additional terms and conditions that will be made known to you via those channels when advertising those competitions.

6.2.      Not all competitions in which Alder Road participates will be run by Alder Road and you should make enquires about the operators of each competition in which you become involved. Alder Road accepts no responsibility for competitions run by third parties in which Alder Road is a participant.

Intellectual property

7.1.      All of the Content is protected by copyright, trade mark and other intellectual property laws.

7.2.      Without first obtaining written consent from the rightful owner, you must not reuse, modify, create derivative works, copy, reproduce, republish, distribute or communicate any part of:

7.2.1      the Website; or

7.2.2      any Content.

7.3.      You must not use the Website in a way which will infringe Alder Road’s, or any third party’s, intellectual property or other rights, except as expressly provided in these Terms of Use or as permitted by the Copyright Act 1968 (Cth).

7.4.      Any of the trade marks or logos displayed on the Website may be registered or unregistered marks of Alder Road or other third parties. You may not use the trade marks or logos without the prior written permission of Alder Road, or the rightful owner of the trade mark or logo, as the case may be.

Disclaimers

8.1.      The Website is provided by Alder Road on an “as is” basis without any express or implied warranty of any kind.

8.2.      The World Wide Web exists across open public networks that are neither secure nor private. You acknowledge and accept the risk that any communication to or from the Website may be intercepted, used or modified by third parties.

8.3.      Alder Road does not warrant that your access to or use of the Website will be uninterrupted or free from error or that the Website or any Content is free from errors or viruses, worms, trojan horses or other harmful components.

8.4.      You acknowledge that your access to and use of the Website may be interfered with by numerous factors outside of Alder Road’s control.

8.5.      Alder Road does not warrant anything about the reliability, accuracy, completeness, timeliness, quality, physical state or suitability for a particular purpose of anything stated in the Content.

8.6.      You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from your access and use of the Website or the Content.

Limitation of liability & indemnity

9.1.      Subject to clause 9.2 of these Terms of Use, neither Alder Road nor any of its officers, employees, agents or related bodies corporate shall be liable to you or anyone else for:

9.2.      Alder Road expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Alder Road’s sole discretion):

9.3.      By accessing the Website, you agree to indemnify Alder Road from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (including legal costs on a solicitor and own client basis) suffered or incurred by Alder Road, arising out of, or in connection with your breach or non-observance of these Terms of Use.

General

10.1.  These Terms of Use are governed by the law in force in the State of New South Wales, Australia and you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

10.2.    Alder Road makes no warranties or representations with regard to use by persons accessing, downloading or using the Website outside the Commonwealth of Australia.

10.3.    If any of these Terms of Use are invalid or unenforceable, they may be struck out and the remaining Terms of Use will continue to be of full force and effect.

10.4     You agree to comply with Alder Road’s privacy policy, which can be accessed on the Website.