Introduction
Welcome to The Healthy Baker (www.healthybaker.com.au), a related entity of Manildra Group (“Manildra”). By accessing or using our website, you agree to be bound by these terms and conditions (Terms). If you do not agree with all of these Terms, you are expressly prohibited from using the site and must discontinue use immediately.
Acceptance of Terms of Use
Manildra and each related body corporate of any of the named Manildra entities provides you with access to, and use of, its websites subject to all applicable laws and regulations and these Terms and Conditions.
By accessing and using our websites you accept each of the Terms and Conditions in this document without limitation. If you do not accept each of the Terms and Conditions contained in this document without limitation, please exit the website. These Terms and Conditions supersede any other agreements you may have with Manildra regarding this subject matter.
Content Ownership
The content or other materials on our websites including, but not limited to, all text, audio, images and other materials or elements (collectively the “Content”) are owned and copyrighted by Manildra, its licensors or others with all rights reserved. You should assume that the Content is copyrighted and owned by Manildra unless otherwise noted and you may not use the Content, except as provided in these Terms and Conditions, without the prior written permission of Manildra.
Intellectual Property Rights
All trademarks, trade names and logos and all related product names, design marks and slogans which appear on our websites are either the trademarks or devices (registered or unregistered) of Manildra or its licensors unless otherwise stated herein. Manildra and its licensors expressly reserve all intellectual property rights in all Content on the websites. No licence is granted to you in connection with such Content contained on the websites.
In its sole discretion, Manildra or its licensors may seek to enforce their intellectual property rights to the fullest extent of the law, including the possibility of seeking criminal prosecution.
User Conduct
Manildra maintains the websites for your personal entertainment, information, education, and communication only, and grants you permission to use the websites and to download Content, but only for non-commercial, personal use; provided, however, that you retain all copyright and other proprietary notices contained on the Content, that you do not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, licence, create derivative works from, transfer, sell or otherwise use Content without the prior written permission of Manildra, and that you do not download or use any images of people or places (“Images”) displayed on the websites for any purpose.
The download or use of any such Images by you, or anyone else authorised by you, is prohibited unless specifically permitted by the prior written authorisation of Manildra.
Any unauthorised use of such Images may violate copyright laws, trademark laws and related communications regulations and statutes.
Additionally, you agree to not engage in any of the following activities on our websites:
- Upload, post or transmit any informational content that is unlawful, threatening to another person or entity, infringing, defamatory, false, misleading, abusive, harassing, libellous, vulgar, obscene, pornographic, profane, invades the privacy of another, or is otherwise objectionable in the sole opinion of Manildra;
- Intentionally or unintentionally violate or encourage conduct that would be considered a violation of any local, state or Commonwealth law, either civil or criminal;
- Impersonate another user, person or entity, including any official or employee of Manildra;
- Upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another; and
- Use the websites to advertise or perform any commercial solicitation.
Links to Third Party Sites
Our websites may contain links to other Internet sites not under the ownership or editorial control of Manildra. Such links are provided for your convenience only and are not express or implied warranties, endorsements or approvals by Manildra of any products, services, advice or information available from such websites.
Manildra does not warrant and specifically disclaims any and all responsibility or liability for your use of such websites and you hereby release Manildra and its subsidiaries, affiliates, officers, directors and agents from any and all such responsibility or liability for the same.
If you establish a link to such websites, you do so at your own risk and without the permission of Manildra. Please check the Uniform Resources Locator (“URL”) address provided in your Web browser to ensure you are still in a Manildra website or have moved to another third-party website.
Limitation of Liability
Neither Manildra nor any of its entities, officers, directors, nor any of their respective agents will be liable for any damage or injury that accompany or result from your use of this website and, your use of any Manildra website is at your own risk. This includes but is not limited to damages or injury caused by any of the following:
- Use of (or inability to use) the website;
- Use of (or inability to use) any site to which you hyperlink from our websites;
- Failure of performance;
- Error;
- Omission;
- Interruption;
- Defect;
- Delay in operation or transmission;
- Computer virus;
- Line Failure;
- Intrusion, hacking or violation of any Manildra site by any third party; and
- Any illegal activities of any third parties.
For the absence of doubt, Manildra does not warrant the security of any information you transmit to it at any Manildra website.
Manildra is not liable for any damages, including but not limited to the following:
- Direct, indirect, punitive, incidental, special, consequential, loss of profits, loss of data, loss of use, or other damage arising out of or in any way related to the use of the websites or the content therein whether based in contract, tort, strict liability or otherwise, even if advised of the possibility of such damages.
- The above limitations or exclusions may not apply to the extent that applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages.
- Manildra’s total liability to you for all losses, damages, causes of action or otherwise, will not be greater than the amount that you paid to access the websites.
Disclaimer
The content of any Manildra website is provided ‘as is’ and Manildra disclaims any warranty of any kind, either express or implied.
Revisions to the Terms
Manildra may at any time, in its sole discretion and without notice, revise or modify these Terms and Conditions or the Privacy Policy. You are bound by any such revisions and should periodically visit this website to review the current Terms and Conditions and Privacy Policy pages.
Content Submitted by Users
Any communication or material you transmit to Manildra at the websites by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary.
Anything you transmit or post may be used by Manildra or its subsidiaries and affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Manildra is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to our websites for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
Manildra will not compensate you in any way for any such information, nor will the information be returned to you.
Website Security
Users are prohibited from violating or attempting to violate the security of the Site, including without limitation;
- accessing data not intended for such user or logging onto a server or an account which the user is not authorised to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;
- attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, spamming, mailbombing or crashing;
- sending unsolicited emails, including promotions and/or advertising of products or services;
- forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
- by using any device, software or routine to interfere or attempt to interfere with the proper working of the website or any activity being conducted on the website; or
- by using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the websites other than the search engine and search agents available from Manildra on this website and other than generally available third-party web browsers (e.g., Mozilla Firefox, Microsoft Internet Explorer).
Violations of system or network security may result in civil or criminal liability. Manildra may investigate occurrences that potentially involve such violations and may involve and cooperate with relevant authorities in prosecuting users who are involved in such violations.
Jurisdiction
These Terms and Conditions and your use of Manildra websites is governed by the laws of New South Wales and any Commonwealth Act as applicable.
General Terms
These Terms and Conditions constitute the entire agreement between you and Manildra and governs your use of any Manildra website.
The failure of Manildra to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of any such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid then such provision shall be eliminated from the Terms and Conditions and the surviving terms shall remain in full force and effect.
Privacy
Your use of the Site is also subject to the Manildra Privacy Policy. Manildra hereby incorporates the entirety of that Privacy Policy into these Terms and Conditions.