Terms and Conditions
This web site and its contents (“Web Site”) is owned by Moffat Group Pty Limited ACN 069 691 407 of 740-742 Springvale Road, Mulgrave, VIC 3170, Australia (“Moffat”).
The use of this Site is governed by the following terms and conditions, as amended from time to time (the “Terms and Conditions”).
By using this Web Site, you agree to be bound by the Terms and Conditions as amended from time to time.
2. Intellectual Property
Trade marks on the websites used to describe or identify any products and services provided by Moffat or any of its subsidiaries, related entities and affiliates (including without limitation Moffat and Blue Seal and the respective logo's) are trade marks of Moffat (Trade Marks)..
All material on this website, including the text, information, graphics, logos, design, layout, downloads, pricing, products and services (Content) is owned by or licensed to Moffat and is subject to Australian Copyright Law. You must not copy, reproduce, transmit, adapt, distribute, sell, modify, publish or store Content or Trade Marks for any purpose, other than with the prior written consent of Moffat, or as permitted by law. Your access or use of this Web Site does not constitute or create a licence or any other right to use the Content or the Trade Marks. All rights of Moffat are reserved.
3. Linking and Third Party Content
You must not link to, frame or mirror any part of the website without Moffat's written authorisation.
The website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under the control of Moffat. Moffat does not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
4. Disclaimer and Limitation of Liability
The Web Site and its entire contents are provided on an “as is” basis. Moffat does not make any representation or warranty (either express or implied) as to the completeness, accuracy, reliability or availability of the Web Site or its contents. By accessing this Web Site, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by this website or by any Third Party Content or Third Party Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with this Web Site are hereby excluded. By accessing our Web Site, you agree to indemnify Franchise Selection for any loss, damage, costs or expenses whatsoever suffered by any person or entity arising out of or in any way connected with your access to this website.
Moffat and its officers, employees, agents, contractors or agents shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising from your use or non use of the Web Site, or your reliance upon information contained upon it (whether arising from Moffat’s negligence or otherwise). To the fullest extent permitted by law, Moffat’s liability for any breach of any term, condition, representation or warranty is limited to the supplying of the relevant good or services again, at Moffat’s discretion.
You agree to indemnify Moffat and each of the officers, employees, agents, contractors, suppliers and licensors (collectively "Affiliates") of Moffat in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Terms and Conditions, or any other default or wrongful conduct in relation to the subject matter of these Terms and Conditions, on the part of you or any of your Affiliates.
6. Revision of Website
Moffat reserves the right to revise the content of, amend links from, or withdraw access to the Web Site at any time without notice.
7. Software and other digital materials available for download
Software and related digital materials may be expressly made available by Moffat for downloading from the Web Site. Unless those software or materials are expressed to be pursuant to specific conditions (in which case those conditions will apply), Moffat grants to you a personal, non-transferable, and non-exclusive licence to use the relevant software or materials for your own private use, provided that you do not copy, communicate to the public, modify, reverse engineer, or otherwise transfer or purport to transfer any right in them, and provided also that you ensure that all copies of such software and materials retain any copyright or other intellectual property notices.
Moffat gives no warranties (either express or implied) as to the completeness, accuracy or reliability of such software or materials, and they are downloaded and used by you entirely at your own risk.
8. Content and other information provided by you and others
Certain parts of the Web Site may allow you to post messages or otherwise submit materials for publication on the Web Site. You must not:
a. use the website in breach of any applicable laws or regulations;
b. use the website to harm, abuse, harass, stalk, threaten or otherwise offend others;
c. interfere with, disrupt, or create an undue burden on the website;
d. upload, post, transmit or otherwise make available any material that:
i. is not your original work, or which may infringe the intellectual property or other rights of another person;
ii. is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
iii. includes an image or personal information of another person unless you have their consent;
iv. you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
v. contains large amounts of untargeted, unwanted or repetitive content; or
vi. contains financial, legal, medical or other professional advice.
Moffat may monitor or review the contents of messages and materials posted on the Web Site and reserves the right to edit, refuse to post, or remove any message and materials from the Web Site as it sees fit. However, Moffat is under no obligation to perform these activities and does not warrant that it will do so. The information and opinions expressed by users of the Web Site are those of the relevant individuals who post them, and Moffat is not responsible for them.
You grant to Moffat a non-exclusive, worldwide, perpetual, royalty free licence to copy, adapt, communicate to the public and otherwise use, reproduce, edit and exploit for any purpose all or any part of the materials, information, ideas, concepts, know-how or techniques provided directly or indirectly by you through the Web Site or your use of the Web Site (including without limitation information gained from the fact that you have accessed the Web Site and information, goods or services you have sought from the Web Site (“Information”) and unconditionally waive all moral rights as defined by the Copyright Act 1968. You warrant that you have the ability to grant such rights to Moffat, and agree to indemnify Moffat if any third party takes action against us in relation to Information you provide.
9. Products offered for Sale on the Web Site
Certain parts of the Web Site may make available products for purchase by you. While Moffat will attempt to ensure the availability of all products advertised for sale on the Web Site, it does not guarantee that all products will be available at all times. Moffat specifically retains the right, at any time and without notice, to remove, alter or add products and/or vary the prices for those products, without any liability to you.
Orders places for products listed on the Web Site must only be placed in accordance with the instructions and procedures specified on the Web Site and these Terms and Conditions. The products offered for sale of the Web Site are only available to persons located in Australia and who are capable of entering into legally binding contracts. An order placed on the Web Site is an offer to purchase the particular product for the price specified on the Web Site at the time at which the order is placed. Moffat may accept or reject that offer for any reason and no contract will arise until after Moffat has advised you that it has accepted the order. An order, once sent, cannot be withdrawn or amended unless Moffat specifically agrees.
You must pay for all products ordered by you through the Web Site in the manner specified on the Web Site. Moffat will retain title to the products ordered by you until payment in full has been received from you for those products. Products ordered from the Web Site will be delivered in the manner specified on the Web Site. However, the delivery times given on the Web Site are indicative only, and the Moffat will not be liable for any failure to achieve them. Risk in the products will pass to you on dispatch from Moffat or its distribution centre.
10. Competitions and Promotions
Certain parts of the Web Site may contain competitions or promotions from Moffat or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the Web Site from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions.
Notwithstanding any specific terms and conditions, Moffat specifically retains the right, at any time and without notice, to remove, alter or add to competitions or promotions on the Web Site without any liability to you.
All competitions and promotions are only open to persons located in Australia and prizes will not be awarded to people who do not meet this requirement at the time of entry.
These terms and conditions are governed by the laws of Victoria, Australia.