Website Terms & Conditions
WEBSITE TERMS AND CONDITIONS OF USE – AUSTRALIAN QUALITY HONEY PTY LTD
If you have any questions, please contact us using our Contact Us page we will be happy to assist you. Definitions
You and your means the user of this website. Our, us, and we means Blue Hills Honey, RA and NA Charles and Australian Quality Honey Pty Ltd as represented by AQH. Loss means loss, damage, cost, or expense (to any person or property) including consequential or indirect loss or any loss of profits, data, or revenue.
These Terms and Conditions of Use apply to your use of this web site,
You acknowledge and agree that all pictures and images of products displayed on the website are for illustration purposes only, and the sizes and dimensions of products may differ in real life, and that AQH has made a good faith effort to accurately describe the product and that an error in description shall not be construed in a negative manner. AQH will not be liable to you for your loss or that of any third party for an error or change in product descriptions.
The information contained in this web site is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors herein and we do not warrant that the information is complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
Product Recall or withdrawal
When a product is subject to a product recall, a notice will be posted on the web site. You agree that we may contact you, using the personal information provided on your order, to notify you of a product recall either by telephone (including mobile phone), email or postal mail.
The copyright in the materials appearing on this web site, or accessed through your use of web sites which are linked to this site, vest in the author of those materials, or the author’s licensee. AQH recommends that you refer to the copyright statements found at all web sites you access before making use of those materials.
Company, product, and service names mentioned on this web site or web sites accessed through this web site may be trademarks or service marks. Those marks are the property of their respective owners. References to those companies, products, or services are not and should not be considered an endorsement or approval by AQH of those companies, services, products or information.
You agree to indemnify and hold AQH (Australian Quality Honey Pty Ltd, Blue Hills Honey, RA & NA Charles and its officers, directors, managers, shareholders, employees, agents, representatives, subsidiaries, affiliates, joint ventures, and third-party service providers) harmless from all claim, loss (including, but not limited to, any indirect, consequential or economic loss), liability, damage, action, proceeding, judgment, cost and expense that is, or may be, incurred or sustained by the Indemnified (AQH) caused by or arising out of your breach of these Terms and Conditions, your use of this web site, or your violation of any law or the rights of a third party. If you are required to indemnify AQH under this Section, AQH will have the right to control the defence, settlement, and resolution of any claim at your sole expense. You may not settle or otherwise resolve any claim without express written permission from AQH.
Subject to any rights you have under consumer protection law, AQH excludes to the fullest extent possible under law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms and Conditions. You are entitled to certain rights under consumer protection law that cannot be excluded.
AQH will not be liable to you or any third party for any damages, losses (including, without limitation loss of profits, business or data), costs or expenses of any kind, or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statute or otherwise, which arise out of, or result from, any use of, or inability to use, this website or any other website which is linked to this website and these Terms and Conditions.
Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
The liability of AQH to you for loss or damage of any kind arising out of your use of this website will be reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
This web site is provided on an “as is,” “as available” basis without warranties of any kind, express or implied, including, but not limited to, those of title, merchantability, fitness for a particular purpose, non- infringement, or any warranty as to accuracy, timeliness, completeness or arising from a course of dealing, usage, or trade practice.
Without excluding, restricting or modifying the rights and remedies to which you may be entitled under the consumer guarantees provisions of the Australian Consumer Law or our liabilities under those provisions, you acknowledge that AQH does not make any warranty or representation as to the suitability of our products for any purpose.
Quality of Information
AQH makes every effort to ensure the quality of the information available on this web site but cannot guarantee that quality and assumes no legal liability or responsibility for the accuracy, currency or completeness of the information.
Web Site Security
We work to make sure that this web site is as secure as is reasonably possible. However, users should be aware that the World Wide Web is an insecure public network that gives rise to a potential risk that a user’s transactions are being viewed, intercepted or modified by third parties or that files which the user downloads may contain computer viruses or other defects.
AQH does not represent or warrant that the files or materials on this web site or web sites accessed through this web site are free from viruses or other defects. AQH accepts no liability for any interference with or damage to a user’s computer system, software, or data occurring in connection with use of this website.
Links to External Web Sites
This web site contains links to other web sites that are external to the AQH web site. AQH takes reasonable care in selecting these linked web sites. These links have been inserted for your convenience as information resources. Using these links to the external web sites does not constitute endorsement by AQH of the material at those sites, or any associated organisation, product or service. The content accessed on these external web sites can change at any time without prior notice.
It is your responsibility to make your own decisions about the accuracy, currency, reliability and correctness of information contained in linked external web sites. AQH does not accept responsibility for the availability, accuracy or content of information presented on external web sites. Use of any information provided on any linked website is at your sole risk.
Information or materials which are offensive, pornographic, unsuitable for minors’ access or otherwise of a criminal or violent nature may be accessible through this site either as a result of hacking or material placed on linked websites. TMH, its suppliers, sellers, or agents make no representations as to the suitability of the information accessed for viewing by minors or any other person.
Web site users agree to use this web site for lawful purposes only and are prohibited from posting on the web site any unlawful, harmful, threatening, abusive, harassing, defamatory or obscene material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law. This applies to any posting that could be termed as sexual harassment and or discrimination. Although in the absence of a specific complaint the postings are not monitored for compliance with this provision, in an effort to discourage such conduct, please note that all postings in the Comments area will list the author’s name–no anonymous postings are permitted!
TMH shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of AQH, and AQH shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Tasmania, Australia and you agree to submit to the exclusive jurisdiction of the courts of Tasmania.
If a provision, or part of a provision, of these terms and conditions is held invalid, unenforceable or illegal by a judicial authority for any reason, then that provision or part of that provision must be read down if possible but if that cannot be done then it must be severed and the balance of these terms and conditions will otherwise remain in full force.