This website www.burgercheese.com is owned and operated by Pure Dairy Pty, Ltd with ABN 47 143 962 529

Your Acceptance

1.1 By using and/or visiting the Burger Cheese Website (collectively, including all content and functionality available through the Burger Cheese Website, such as ordering a product or making payments), you signify your agreement to:
a) these terms of use (the “Terms of Use”); and
b)the Burger Cheese’s privacy policy (the “Privacy Policy”), found at www.burgercheese.com/privacy-policy.

The Privacy Policy provides details of how the Burger Cheese will store, handle and use any personal information that you provide to the Burger Cheese. If you do not agree to any of these Terms of Use, or you are not satisfied with the Privacy Policy, do not use the Burger Cheese Website.

Importantly, by using and/or visiting the Burger Cheese Website, you affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

1.2 The Burger Cheese may, in its sole discretion, modify or revise these Terms of Use, the Privacy Policy, or any of its other policies at any time without notification, and you agree to be bound by such modifications or revisions. The Burger Cheese recommends that you periodically revisit the Terms of Use and Privacy Policy to ensure that you are kept up-to-date with any changes made. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits unless otherwise specified.

Intellectual Property and your use of the Burger Cheese Website

2.1 The Burger Cheese hereby grants you permission to access and use the Burger Cheese Website as set forth in these Terms of Use, provided that:

i) You agree not to distribute in any medium any part of the Burger Cheese Website, including but not limited to User Content (defined below), without the Burger Cheese’s authorization.

ii) You agree not to access User Content (defined below) or any other content provided on the Burger Cheese Website through any technology or means other than those provided on the publicly accessible pages of the Burger Cheese Website itself.

iii) You agree not to use the Burger Cheese Website for any commercial use, without the prior written authorization of the Burger Cheese. Prohibited commercial uses include any of the following actions taken without the Burger Cheese’s express approval:
• sale of access to the Burger Cheese Website or its related services on another website;
• use of the Burger Cheese Website or its related services for the primary purpose of gaining advertising or subscription revenue;
• the sale of advertising on the Burger Cheese Website or any third-party website, targeted to specific User Content or other content; and
• any use of the Burger Cheese Website or its related services that the Burger Cheese finds, in its sole discretion, to use the Burger Cheese’s resources or User Content with the effect of competing with or displacing the market for the Burger Cheese’s product.

iv) You agree not to use or launch any automated system (including but not limited to “robots”, “spiders”, or “offline readers”), that accesses the Burger Cheese Website in a manner that sends more request messages to the Burger Cheese servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information from the Burger Cheese Website, for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Burger Cheese Website with respect to their User Content.

2.2 Further to the above, you agree that you will use the Burger Cheese Website in accordance with these Terms of Use and that you will not use the Burger Cheese Website for any unlawful purpose.

2.3 All content on the Burger Cheese Website except User Content (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, and the like (“Website Content”) and the trademarks, service marks and logos contained therein (“Website Marks”), are owned by or licensed to the Burger Cheese, and are subject to copyright and other intellectual property rights under the law. Website Content and User Content is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Burger Cheese reserves all rights (expressly and not expressly granted) in and to the Burger Cheese Website and the Website Content and Website Marks.

2.4 You may access Website Content and User Content solely:
– for your information and personal use; and
– as intended through the normal functionality of the Burger Cheese Website.

2.5 You may access Website Content, User Content and other content only as permitted under these Terms of Use.

2.6 You agree to not engage in the use, copying, or distribution of any of the Website Content or User Content other than expressly permitted herein, including any use, copying, or distribution of User Content obtained through the Burger Cheese Website for any commercial purposes.

2.7 You agree not to circumvent, disable or otherwise interfere with security-related features of the Burger Cheese Website or features that prevent or restrict use or copying of any Website Content or User Content or enforce limitations on use of the Burger Cheese Website or the Website Content or User Content therein.

2.8 You understand that when using the Burger Cheese Website you will be exposed to User Content from a variety of sources, and that the Burger Cheese is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, or for whatever reason objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Burger Cheese with respect thereto, and agree to indemnify and hold the Burger Cheese, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

2.9 “User Content” and User Conduct

As a user of the Burger Cheese Website you may submit video(s), image(s), recipe(s) or other such content (“User Content”). You understand that whether or not such User Content is published on the Burger Cheese Website, the Burger Cheese does not guarantee any confidentiality with respect to any User Content.

You shall be solely responsible for your own User Content and the consequences of posting or publishing it, and the Burger Cheese will have no liability in this regard, to the full extent permitted by law. In connection with User Content, you affirm, represent, and/or warrant that:

a. you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Burger Cheese to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Burger Cheese Website and these Terms of Use;

b. you will not submit any User Content that is unlawful, fraudulent, inaccurate, false, misleading or deceptive, or that the Burger Cheese may deem to be in breach of any intellectual property, trade secret, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, hateful, discriminatory, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;

c. you will obtain prior consent from any person or property that may appear in your User Content;

d. your User Content shall not contain viruses or cause injury or harm to any person or entity; and

e. you will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.

The Burger Cheese reserves the right to refuse to post or display any User Content if the Burger Cheese is of the reasonable opinion that the provisions of this clause 2.9 are breached by you.

2.10 For clarity, you retain all of your ownership rights in your User Content. However, by submitting User Content to the Burger Cheese, you hereby grant the Burger Cheese a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, edit, adapt, modify, change, add to, detract from, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Burger Cheese Website and the Burger Cheese’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Burger Cheese Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Burger Cheese Website a non-exclusive license to access your User Content through the Burger Cheese Website, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Burger Cheese Website and under these Terms of Use. The above licenses granted by you in User Content terminate within a commercially reasonable time after you remove or delete your User Content from the Burger Cheese Website. You understand and agree, however, that the Burger Cheese may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted.

2.11 If you have any moral rights (or similar rights) in respect of User Content that you submit, you consent to the Burger Cheese using the User Content from time to time in any way we wish (even if that use is contrary to those rights), including making material alterations thereto and exploiting them with or without attribution. Immediately on such moral rights beginning to exist, you waive those rights in perpetuity, to the maximum extent permitted by law. If any other person has moral rights in respect of User Content that you submit, you must ensure that they agree to the above before you submit the User Content.

2.12 The Burger Cheese does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and the Burger Cheese expressly disclaims any and all liability in connection with User Content. the Burger Cheese does not permit copyright infringing activities or infringement of any other intellectual property rights on the Burger Cheese Website, and the Burger Cheese will remove any User Content if the Burger Cheese is concerned or is properly notified that such User Content infringes on another’s intellectual property rights, or if the Burger Cheese considers the content to be unsavoury or objectionable. The Burger Cheese reserves the right to remove User Content without prior notice, at its absolute discretion.

2.13 Without limiting any other terms herein, you indemnify the Burger Cheese for any breach of any of the terms or warranties contained herein.

2.14 To the fullest extent permitted by law, the Burger Cheese, its directors, employees, agents and representatives, exclude all liability, howsoever arising (including from negligence), for any loss or damage whether direct, indirect, special or consequential, or for personal injury which is suffered or sustained, by any user, arising in any way out of or in connection with the Burger Cheese Website, including, but not at all limited to such loss, damage or injury arising out of the following:
(a) using the Burger Cheese Website;
(b) any errors or omissions from any information on the Burger Cheese Website including typographical or photographical errors;
(c) any technical malfunction, error, virus, delay or interference on the Burger Cheese Website; or
(d) a failure or omission on the part of the Burger Cheese to comply with its obligations under these Terms of Use.

3. To the fullest extent permitted by law, Burger Cheese and its agents:

3.1 To the extent permitted by law, the Burger Cheese assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, computer viruses, bugs, unauthorized intervention, fraud, technical failures, theft or destruction, or unauthorized access to the Burger Cheese Website, or for alteration of any information provided by a Burger Cheese Website user.

3.2 You hereby waive and release any and all claims that you may have against Burger Cheese, its directors, employees, agents and representatives in connection with, or arising out of, or incidental to, your access to the Burger Cheese Website.

3.3 The Trade Practices Act 1974 (Cth) and certain state and territory legislation implies terms, conditions and warranties into some contracts for the supply of goods or services and prohibits the exclusion, restriction and modification of such terms. If the Burger Cheese breaches any of these terms then, their liability for the breach is, where permitted by law and at the Burger Cheese’s election, limited to:
(a) in the case of goods supplied or offered by the Burger Cheese – the repair or replacement of the goods, or supply of equivalent goods, or payment of the cost of doing this; OR (b) in the case of services supplied or offered by the Burger Cheese – the re-supply of the services or payment of the cost of doing this.

Indemnity

4. You indemnify the Burger Cheese, its directors, employees, agents and representatives, from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered as a direct or indirect consequence of you using the Burger Cheese Website and/or purchasing and using any products advertised herein.

Links

5.1 The Burger Cheese is not responsible for the content of any site linked to or from the Burger Cheese Website. Any links provided are for your convenience only and are not an endorsement of the companies or products referred to on sites to which this the Burger Cheese Website links and the Burger Cheese has no responsibility for the condition, content or operation of any such sites and shall not be liable for any damages or injury arising out of or resulting from access to or use of such sites. If you click on a link to another site, you do so entirely at your own risk.

Termination of Site

6.1 The Burger Cheese reserves the right to modify or suspend services on the Burger Cheese Website, to terminate any or all parts of the Burger Cheese Website (where possible), or to terminate your ability to purchase products from the Burger Cheese Website at any time without notice. In this event, the liability and indemnity provisions provided in these Terms of Use will survive such termination, and all rights of the Burger Cheese granted herein are otherwise reserved.

Governing Law

7.1 These Terms of Use shall be governed by and construed in accordance with of the laws of Victoria, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of Victoria, 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.