Terms and Conditions

As consideration for allowing you the (User) to view the Content on our Website, located at

the internet address www.stirlingandtruffles.com.au (Website) Users agree to the following

Terms and Conditions of Use (Terms and Conditions). Stirling & Truffles described as (We,

Our) provides Users with access to the Content and Facilities on the Website pursuant to a

non-exclusive, world-wide, non-transferable licence contained in these Terms and

Conditions.

By viewing the Content and using the Facilities on the Website, Users acknowledge and

agree that they have had sufficient opportunity to read and understand these Terms and

Conditions, and that they are legally able to agree to be bound by them. If You do not agree

to these Terms and Conditions, please leave this Site immediately.

Definitions

Content means the written material, documents, graphics and all the works shown in physical

form on the Site.

Facilities means any feature that appears on the Website for Users to use that is not

Content.

Permitted use of Content and Facilities

Content

Unless otherwise indicated, Stirling & Truffles reserves all copyright in the Content and

design of the Website. We own all such copyright or provide it to Users it under the terms of

a limited licence embodied in these Terms and Conditions each time You visit the Site.

Users may download, print or copy Content provided on the Site for their own use. Unless

provided with a mechanism to do so, Users must not sell, lease, furnish or otherwise permit

or cause others to provide access to the Site.

Users must not use, reproduce, communicate, publish, or distribute any of the Content on

our Site, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968

(Cth) (Act). You must not reproduce or use any of the information on our Site for commercial

gain.

Other than for the purposes of and subject to the conditions prescribed under the Act as

otherwise provided for in this copyright notice, no part of the Content may in any form or by

any means be reproduced, adapted, stored in a retrieval system or transmitted without Our

prior written permission.

Trademarks

We use the trade mark Stirling & Truffles which also may be the owner of several common

law (or where indicated), registered trade marks which appear on the Site. Unauthorised use

of these trademarks will infringe our Trade Mark rights. If you have infringed our rights in this

regard we reserve our right to take action against You.

Prohibitions on use

This Website and the information and Facilities must not be used in any manner that

infringes Our rights. Users must not:

(1) data mine or conduct automated searches on our Site or the Content on our Site, whether

through the use of additional software or otherwise;

(2) frame or mirror our Site;

(3) tamper with, hinder the operation of, or make unauthorised modifications to the Site or

any of its Content;

(4) transmit any virus, worm or other disabling feature to or via our Website;

(5) abuse, defame, harass, stalk, threaten or otherwise violate our legal rights;

(6) advertise or offer to sell any goods or services, or conduct or forward surveys, contests,

or chain letters from our Site or the domain;

(7) delete any author attributions, legal notices or proprietary designations or labels in any file

that is uploaded;

(8) use our Site or domain to send commercial, unsolicited or bulk electronic messages to

anyone or in any other way which would constitute an infringement of the Spam Act 2003

(Cth); or

(9) Users access the Website at their own risk and are responsible for compliance with the

laws of their jurisdiction in addition to these Terms and Conditions.

Privacy Policy

In using the Website, Users are deemed to also accept the terms and conditions of our

Privacy Policy.

Provision of service

We may without notice suspend access to the Site or disconnect or deny Users access to

any part of the Website during any technical failure or maintenance period.

We may also choose at our sole discretion to block or deny any particular User with access

to any of the Content or Facilities contained on the Website.

We may make improvements and or changes to Website and the Content at any time without

notice.

Limitation of liability

We make the Website available for Users to use, however we do not assume a duty of care

to Users. We make no representation or provide no warranty regarding the quality, accuracy,

completeness, merchantability or fitness for purpose of the Content on the Site.

If relying on the Content, Users must make their own investigations to ensure its accuracy

before relying on the Content.

No warranty or representation that Our Site and the Content will not cause damage or are

free from any computer virus or any other defects or errors is made.

Where any law implies a warranty into these Terms and Conditions which may not lawfully

be excluded, then to the maximum extent permitted by law, our liability for breach of the

warranty will at our option be limited to the supply of the product or services again, or the

payment of the cost of having them supplied again.

Where liability cannot be excluded, any liability incurred in relation to the use of the Site or

the Content is limited as provided under the Competition and Consumer Act 2010 (Cth).

Under no circumstances will We be liable for any incidental, special or consequential

damages, including damages for loss of business or other profits arising in relation to use or

reliance on Content on the Site.

Links to third party sites

We do not represent that the Content on other websites to which our Site is linked does not

inadvertently infringe the intellectual property rights of any person anywhere in the world.

By inadvertently linking to infringing third party content, We are not authorising infringement

of any intellectual property rights contained on those Sites. Please contact us to remove the

link immediately by emailing petria@stirlingandtruffles.com.au if you find a link that is

suspect.

Uploading information

Users represent and warrant in relation to information that they provide to the Site that:

(1) they will not knowingly transmit any worm, virus or other disabling feature to Our Site;

(2) they are authorised to provide the information submitted;

(3) the information does not infringe any intellectual property right including, but not limited

to, trade marks, service marks or business names (whether registered or unregistered),

confidential information, trade secrets and copyright;

(4) the information is not defamatory or a malicious falsehood in relation to any product,

service, person or corporation;

(5) the information is not the ‘passing off’ of any product or service;

(6) by providing the information the User is not breaking any law of Australia.

Miscellaneous provisions

Access to the Site outside the Jurisdiction

No representation or warranty is made that the Content on the Website complies with the

laws of any country outside Australia. If Users access the Site from outside Australia, You do

so at your own risk.

Changes to Terms and Conditions

We may change the Terms and Conditions at our discretion by providing notice on our

Website. The version of the Terms and Conditions that applies to Users will be available on

the Site each time a User visits the Website.

Entire agreement

These Terms and Conditions and any warranties implied by law which are not capable of

being excluded or modified amount to the entire agreement with the Users. Any contact with

Our Officers, Agents or Authorised Representatives that includes any statements

representations, warranties (if any) whether expressed or implied, including any collateral

agreement or warranty, with reference to the subject matter or the intentions of either of the

parties are merged and otherwise are excluded and cancelled by those contained in these

Terms and Conditions.

Indemnity

By using the Website, Users indemnify Stirling & Truffles and our respective Officers,

Employees, Agents and Licensors against any claim or proceeding that is made, threatened

or commenced, and any liability, loss, damage or expense (including reasonable legal costs

on a full indemnity basis) that Stirling & Truffles incurs or suffers as a direct or indirect result

of:

(1) a breach by you of these Terms and Conditions of Use;

(2) an actual or alleged breach by you of any law, legislation, regulation, by-law or code of

conduct caused by data uploaded or downloaded from our Website;

(3) any claims brought by or on behalf of any third party relating to any act or omission by

you, including breach of a third parties copyright or trade mark.

Jurisdiction

Users irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the

Queensland Australia.

In any dispute between the parties to these Terms and Conditions will be heard by a Court in

that Jurisdiction.

Severance

If any part of these Terms and Conditions are found to be void, unlawful or unenforceable

then that part will be deemed to be severable from the balance of the document and the

severed part will not affect the validity and enforceability of the remaining terms and

conditions.

Waiver

If We do not act in relation to a particular breach by You of these Terms and Conditions, this

will not be treated as a waiver of Our right to act with respect to subsequent or similar

breaches.