Except as otherwise provided in a written agreement signed by BerryWorld Australia Pty Ltd, these Terms of Use represent the entire understanding between you and BerryWorld Australia Pty Ltd and our related companies (collectively, "BerryWorld") regarding your use of www.berryworld.com/au/ (the "Site") and your submission of any materials to us.

By accessing the Site, you signify your acceptance of these Terms of Use and your acceptance of the Privacy Policy.

BerryWorld Australia Pty Ltd reserves the right, at any time, to modify, alter, update, or remove portions of these Terms of Use or the Privacy Policy, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed terms. If you are dissatisfied with these Terms of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue your use of the Site.

Disclaimer

BerryWorld Australia Pty Ltd provides the site and its services on an "as-is" basis. BerryWorld Australia Pty Ltd makes no representations or warranties of any kind, express or implied, including without limitation those related to:  (1) the operation of the site;  (2) the information, content, materials, or services included or described therein; and  (3) any application or information submitted to us through the site.

To the fullest extent permitted by applicable law, BerryWorld Australia Pty Ltd disclaims all warranties, express or implied (including but not limited to implied warranties of merchantability and fitness for a particular purpose), regarding the site, including without limitation warranties related to the operation of the site, the information, content, materials, and services described therein, and any information or applications submitted through the site. Without limiting the foregoing, BerryWorld Australia Pty Ltd does not warrant that the site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that the site is free of viruses or other harmful components. BerryWorld Australia Pty Ltd does not warrant or make any representations regarding the use of the materials on the site or the services described therein.

Limitation of Liability

In no event shall BerryWorld Australia Pty Ltd be liable for any indirect, special, incidental, or consequential damages, including without limitation lost profits, loss of use, business interruption, or loss of data, arising out of or relating to the site, the operation of the site, any application or information submitted to us through the site, and/or the services described therein, even if BerryWorld Australia Pty Ltd is expressly advised of the possibility of such damages. BerryWorld Australia Pty Ltd’s liability to you or any third party in any circumstance is limited to a maximum of $100.

Links

The Site may contain links to other Web sites on the Internet that are owned and operated by someone other than BerryWorld Australia Pty Ltd. BerryWorld Australia Pty Ltd provides these links solely as a convenience. The appearance of a link does not imply BerryWorld Australia Pty Ltd's endorsement, nor is BerryWorld Australia Pty Ltd responsible for the content of any linked site. You access linked sites at your own risk.

Compliance with Laws

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your use of the services described therein.

General Proprietary Rights

The Site is owned by BerryWorld Australia Pty Ltd and contains material that is derived in whole or in part from BerryWorld Australia Pty Ltd and other sources. The Site and their contents are protected by international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Site, including without limitation code or software, without BerryWorld Australia Pty Ltd’s express written permission.

Copyright

All site design, text, code, graphics, and interfaces, and the selection and arrangements thereof, on the Site are the property of BerryWorld Australia Pty Ltd or their content suppliers, and are protected by Australian and other international copyright laws, BerryWorld Australia Pty Ltd ALL RIGHTS RESERVED. Prior permission to use, reproduce, or reprint any photograph, illustration, artwork, or other material on the Site must be obtained from the copyright owner, regardless of the intended use. Any unauthorised use of the materials appearing on the Site is in violation of copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

Trademarks

The BerryWorld Australia Pty Ltd logo is a trademark of BerryWorld Australia Pty Ltd and related companies. It may not be used in connection with any products or services other than those products or services offered by BerryWorld Australia Pty Ltd or related companies, in any manner that is likely to cause confusion, or in any manner that disparages or discredits BerryWorld Australia Pty Ltd or related companies. All other trademarks are the property of their respective owners.

Notice of Potential Infringement

To notify BerryWorld Australia Pty Ltd of any suspected infringement, please contact us via the Enquiry form on our Contact page.

Applicable Law

BerryWorld Australia Pty Ltd operates the Site from Wamuran, Queensland, Australia. The laws applicable to the interpretation of these Terms of Use shall be the laws of Australia without reference to its conflict of law provisions.

Disputes

You agree that any action at law or in equity arising out of or relating to these Terms of Use, the Site, and/or the services described therein shall be filed exclusively in the courts of Australia and you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms of Use may be brought by either party more than one year after the cause of action has accrued.

Termination

These Terms of Use shall remain in force until terminated by BerryWorld Australia Pty Ltd. BerryWorld Australia Pty Ltd may terminate the Terms of Use, or suspend your access to all or part of the Site, without notice, for any conduct that BerryWorld Australia Pty Ltd, in its sole discretion, believes is disruptive or is in violation of any applicable law or these Terms of Use. In the event of any such termination, the provisions regarding disclaimers, limitations of liabilities, intellectual property rights, choice of law, and venue set forth in these Terms of Use shall survive.

Miscellaneous

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Last updated: November, 2017