Terms of Use for Website

General

This website is operated by 5Ways Foodservice Pty Ltd (A.C.N 096 671 921) (“5Ways”) under the domain name www.5ways.com.au (“Website”).

These terms of use (as varied by 5Ways from time to time) (“Terms”), govern your use of the Website. By accessing, browsing and/or using the Website, you will be deemed to have read, understood and agreed to these Terms. If you do not wish to be bound by these Terms, you must immediately discontinue accessing, browsing and/or using the Website and you must not access, browse and/or use the Website again in the future.

Do not access, browse and/or use the Website if you cannot enter, or are barred from entering, into legally binding contracts, or if you are temporarily or indefinitely suspended or prohibited from accessing, browsing and/or using the Website or any websites that are linked to the Website.

Access

You agree and understand that 5Ways may prevent or restrict your access to the Website for any technical, security or other reason at 5Ways’ sole and absolute discretion.

If you are allocated an account with 5Ways, you are responsible for the use of your account and the protection of your account code. You must not allow or permit your account code to be disclosed to any other third party, or permit any third party to gain access to your account without the prior written approval of 5Ways.

You must report the loss, misuse or dissemination of your account code, or any access of your account by a third party, to 5Ways immediately.

If 5Ways believes that your account code has been lost, misused or disseminated, or that there has been access to your account by any third party, 5Ways may, at your sole cost and expense, cancel your account code or otherwise limit your access to the Website or your account.

Variation of these Terms

5Ways may vary these Terms at any time. In the event that 5Ways varies these Terms, 5Ways will provide notice by publishing the varied Terms on the Website. You accept that by doing that, 5Ways will have provided you with sufficient notice of the variation of the Terms and that you will be bound by the Terms as varied.

Intellectual Property Rights

You acknowledge that the Website, technology used in connection with the Website, 5Ways’ products and services, all software, material, products, information, communications, text, graphics, links, electronic art, animations, audio, video, photo and other data available within the Website (“Website Content”) are provided by 5Ways and/or third party providers and are the copyrighted works of 5Ways or such third party owners (as the case may be). You should assume that everything you see or read on this Website is copyrighted unless otherwise noted and that it may not be used except as provided in these Terms, or otherwise in the text on the Website, without the prior written permission of 5Ways or the relevant third party owner.

Under the Copyright Act 1968 (Cth) (as amended), you are limited as to the amount of the Website Content that you may download, print, copy, cut and paste from the Website or otherwise make copies of. It is your responsibility to ensure that you do not infringe any applicable law (including, without limitation, the Copyright Act 1968 (Cth)). Further, your use of the Website must not in any way infringe the intellectual property rights of any person.

You may not store any significant portion of any Website Content in any form. Also, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile, collect in a database or in any other manner commercially exploit any part of the Website Content in whole or in part unless expressly authorised by 5Ways or the relevant third party owner.

You acknowledge that 5Ways and/or any third party remains the owner/s of the Website Content and that you have no intellectual property rights in the Website Content. No license is granted to you in respect of the Website Content other than as set out in these Terms.

The trade marks (whether registered or unregistered) and logos on the Website (“trade marks”) are owned by 5Ways and/or third parties. You are strictly prohibited from using, displaying, copying, modifying, transmitting, storing, publishing or distributing any of the trade marks, or providing links to any of the trade marks, without express permission from 5Ways or the relevant third party in relation to their trade marks.

External Websites

The Website may contain links or pointers to, or from, websites or third parties (“external websites”). 5Ways is not required to maintain or update the links or pointers to any external websites.

Unless expressly stated to the contrary on the Website, any link or pointer to, or framing of, an external website is not to be construed as an endorsement, sponsorship, approval, recommendation or preference by 5Ways of the owners or operators of the external website, or of any information, products or services referred to on the external website or any practices associated with those external websites.

You agree that access to any external website is entirely at your own risk and that 5Ways will not be responsible or liable, directly or indirectly, for any or all actions, causes of action, suits, claims, demands, damage, damages, loss, costs, penalties, liabilities, charges and expenses of every description (including without limitation any loss suffered by you as a result of adverse publicity which is) caused or alleged to be caused by or in connection with, your use or reliance on any goods or services available on or through any external website.

Accuracy and Usefulness of Information on the Website

All material and information on the Website is provided in good faith and is believed to be accurate and current as at the date of publication. However, 5Ways provides no warranty or guarantee that any material or information on the Website or external websites will be accurate or complete.

5Ways will not be liable for any loss or damage whatsoever, whether in an action in contract, negligence or other tort or in respect of any cause of action, suit, claim, demand, cost, penalty, liability, charge and/or expense of every description (including, without limitation, any loss suffered by you as a result of adverse publicity) arising out of or in connection with your access to the Website or the Website content. All warranties of any kind are excluded to the maximum extent permitted by law.

5Ways makes no guarantee as to the usefulness of the Website Content, nor of any of the products or services promoted on the Website or via linked websites. If you wish to link your site to this Website, you may only link to the home page. You may not link to any other pages within this Website without the prior written consent of 5Ways.

Prohibitions against unlawful use

You warrant that you will not do any of the following things in connection with you accessing, browsing or using the Website:

1. Violate any laws, third party rights, or policies of 5Ways;
2. Hide or spoof your IP address;
3. Intentionally bounce your communications through any intermediate computers;
4. Alter any logs upon gaining access to the Website;
5. Interfere with the technological operations of the Website;
6. Manipulate or attempt to manipulate any content or material on the Website;
7. Post or attempt to post any false, inaccurate, misleading, defamatory, or libellous content on the Website;
8. Use any robot, spider, search engine, scraper or other means (whether manual, automated, mechanical, electrical or otherwise either existing or that be invented or discovered in the future) to access the Website or to any of the acts described in the bullet points above, for any purpose other than the normal purpose for which the Website is intended;
9. Assisting, being involved in, or procuring directly or indirectly any of the acts specified in paragraphs (a) to (h) above or engaging in conduct that is substantially similar to paragraphs (a) to (h) above or having a substantially similar effect.

If we become aware that you have violated any of the clauses of these Terms, we may immediately take corrective action, including preventing you from accessing, browsing and/or using the Website. If we have been injured by your violation we may, in our sole discretion, take such action against you that we deem necessary to protect our rights.

Privacy

By accessing, browsing and/or using the Website, you agree to the 5Ways Privacy Statement (click on this link to access the 5ways Privacy Statement).

Except for information covered by our Privacy Statement, any communication or material you transmit to the Website by electronic mail or other means, including any data, comments, questions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post becomes the property of 5Ways or its affiliates and may be used for any purpose, provided that 5Ways will refrain from infringing your moral rights. 5Ways is free to use, without compensation to you, any ideas, concepts, know-how, or techniques in any communication you send to the Website for any purpose whatsoever.

You should also be aware that non-personal information and data may be automatically collected through the use of ‘cookies’. Cookies are pieces of information that a website can use to recognise repeated usage, facilitate the users on getting access to and use of the website. Cookies allow a website to track usage behaviour and compile aggregate data that will allow content improvement and targeted advertising. Many websites use cookies. Most internet browsers are pre-set to accept cookies. If you prefer not to receive any cookies, you can adjust your internet browser to refuse to accept cookies, or to warn you when cookies are being used.

To the maximum extent permitted by law, 5Ways may release your personal and private information to authorities and your internet service provider if you conduct any illegal activities or otherwise breach the Terms.

Disclaimer of Warranty and Limitation of Liability

While 5Ways makes and strives to provide secure and continuous connectivity and internet access, 5Ways will not be responsible or liable to you for any direct or indirect loss or consequential damage, including among other things, any loss of dates obtained, time, data or information furnished or entered on the Website or the application forms which may, among other things, have occurred as a result of any events or acts leading to interruptions in internet connectivity, transmission of signals, server breakdown, systems crashing, hacking, servicing and any other events or acts.

You will not hold 5Ways responsible for other users’ actions or inactions, including acts or things as a result of which there may be loss of connectivity, loss of dates and/or loss of data furnished.

Further, while secure and continuous access to the Website is sought to be provided, 5Ways does not guarantee continuous or secure access to the Website and operation of the Website, as the same me be interfered by numerous factors outside of the control of 5Ways. Accordingly, to the extent legally permitted, 5Ways excludes all implied warranties, terms and conditions. 5Ways is not liable for any loss of money, time, goodwill, or reputation, or any special, indirect, or consequential loss or damages arising out of your use of the Website.

To the extent permissible by law, 5Ways expressly disclaims all conditions and warranties, express or implied, in respect of a product or service supplied by 5Ways in connection with the Website. Where the law precludes such exclusion and implies certain conditions and warranties into these Terms, the liability of 5Ways for breach of such condition or warranty shall be limited, at the option of 5Ways, to any or more of the following:

1. The re-supply of a similar product or service; or
2. The re-supply of the value of the product or service; or
3. Refund of any amount paid by you to 5Ways in respect of the relevant product or service.

Nothing done pursuant to paragraphs (i) to (iii) (inclusive) above, whether constituted by a refund of fees or a payment of money or otherwise, shall constitute an admission of liability by 5Ways or any of its associate entities or related parties of 5Ways.

You agree that in no circumstances will 5Ways, its Associates, Related Bodies Corporate, Representatives or Representatives of its Associates or Related Bodies Corporate, be liable for any indirect, incidental, special and/or consequential losses or damages of whatever nature (including without limitation causes of action, suits, claims, demands, damage, damages, loss, costs, penalties, liabilities, charges, expenses of every description and any loss suffered by you as a result of adverse publicity) arising out of your use of the Website or of any of the Website Content (including, without limitation, any losses or damages arising out of, or attributable to, an act or omission by 5Ways).

Breach

You agree that 5Ways may, in its sole discretion, terminate your account (or any part thereof), and/or limit or restrict your access to the Website for any reason including, without limitation, if 5ways believes that you have violated or acted inconsistently with these Terms.

To the maximum extent permitted by law, 5Ways reserves the right to contact any authority or other relevant party and disclose any information regarding your conduct.

Indemnity

To the maximum extent permitted by law, you agree to indemnify and forever hold 5Ways, its Associates, Related Bodies Corporate, Representatives or Representatives of its Associates or Related Bodies Corporate, harmless from any claim or demand made by any third party due to or arising out of a breach by you of these Terms (including without limitation, 5Ways’ reasonable legal fees), or violation by you of any law of any country or of the rights of a third party.

Any indemnity given in favour of a person who is not a party to these Terms is intended to be, and is, directly enforceable by each such person, and these Terms operates as a deed poll in favour of these persons.

Each indemnity in these Terms is a continuing obligation, separate and independent from your other obligations and survives termination of these Terms.

No Guarantees by 5Ways

The Website may contain downloadable materials and links to external websites.

5Ways is not responsible for, and has no control over, the content of any downloadable materials or external sites.

You understand that 5Ways cannot and does not guarantee, warrant or represent that files or software of any kind, or from any source, available for downloading through the Website, will be free of infection or viruses, worms, Trojan horses or other code or defects that manifest contaminating or destructive properties.

Prices and Payments

Unless stated to the contrary, all fees, charges or other amounts quoted on the Website are quoted in Australian Dollars (“AUD”) and are inclusive of any applicable goods and services tax (“GST”).

All payments to be made to 5Ways must be in AUD and must be inclusive of any applicable GST. A payment to be made to 5Ways must always be made as ‘Cash on Delivery’ unless otherwise agreed in writing by 5Ways.

Subject to any prior arrangement in writing with 5Ways, payments that are received in a currency other than AUD will not be accepted.

All fees, charges or other amounts quoted on the Website are subject to change without notice. You should confirm the fee, charge or other amount for a product or service before placing an order for it.

Notices

Except as explicitly stated otherwise, any notices must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) to 5Ways at:

5Ways Foodservice Pty Ltd

PO Box 4509,

Dandenong South, VIC 3175, Australia

Security

When using the World Wide Web, the Internet or third party networks, facilities and services that are beyond the control of 5Ways, you assume all risk and liability of your use of the World Wide Web, the Internet or any such third party networks, including any access to the Website via such media.

Severability

If any part of these Terms is held invalid, illegal or unenforceable in accordance with its terms in any jurisdiction, that part shall be read down for the purposes of that jurisdiction if possible so as to be valid and enforceable and shall otherwise be capable of being severed to the extent of the invalidity, illegality or unenforceability without affecting the remaining provisions of these Terms or affecting the validity, legality or enforceability of that part in any other jurisdiction.

Waiver

The failure, delay, relaxation or indulgence on the part of 5Ways in exercising any power, right or remedy conferred upon 5Ways by these Terms shall not operate as a waiver of that power, right or remedy, nor shall the exercise or any single or partial exercise of any power, right or remedy preclude any other or further exercise of such power, right or remedy or the exercise of any other power, right or remedy in these Terms. Any waiver of a breach of these Terms must be in writing signed by 5Ways granting the waiver and shall be effective only to the extent specifically set out in that waiver.

Governing Law and Submission to Jurisdiction

The use of the Website and these Terms are governed by, construed and enforced in accordance with the laws in force from time to time in the State of Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia and their respective courts of appeal (“Courts of Victoria”). You waive any right which you may have had to object to an action being brought in the courts of Victoria including, but not limited to claiming that the action has been brought in an inconvenient forum or that the Courts of Victoria do not have jurisdiction.

This website may be accessed throughout Australia or from overseas. 5Ways makes no representation that the content of this Website complies with the laws of any country outside Australia, you are responsible for ensuring that your access to, downloading, or use, of the Website Content is in compliance with all laws in the place in which you are located when you access the Website.

Entire Agreement

These Terms and any terms incorporated into these terms by express reference are the entire agreement between you and 5Ways in respect of the subject matter of these Terms and supersede all previous communications, representations, inducements, undertakings, agreements or arrangements between 5Ways (including without limitation to its officers, employees or agents) and you (including without limitation to your officers, employees or agents).

Reservation of Rights

Any rights not expressly granted to you herein are reserved by 5Ways.

Definitions

Associate has the meaning given to that expression in the Corporations Act 2001 (Cth).

Related Body Corporate has the meaning given to that expression in the Corporations Act 2001 (Cth).

Representatives of an entity include directors, officers, employees, agents, contractors and sub-contractors of that entity.

Interpretation

In these terms, unless the context otherwise requires:

1. Words denoting the singular include the plural and vice versa;
2. A word importing a gender includes the other gender and the neuter gender;
3. A reference to legislation includes an statutory modification or replacement and any subordinate or delegated legislation issued under such legislation;
4. A reference to a party or a person includes the party’s or the person’s executors, legal personal representatives, successors, transferees, and permitted assigns;
5. Words denoting a natural person include a company, corporation, corporate body, government agency or authority or crown instrumentality and vice versa;
6. Headings are for convenience only and shall not affect the interpretation of these terms; and
7. Any term in these Terms is not to be construed against 5Ways because it prepared that term.