Terms of Use and Privacy

© Confectionery BTW Pty Ltd, 2015

Level 2, 441 St Kilda Road, Melbourne 3004 AUSTRALIA

This website is registered to and operated by Confectionery BTW Pty Ltd, (the Trustee) the Trustee of the Confectionery Trust, (the Trust). The Trustee is a wholly owned subsidiary of The Australian Industry Group, (Ai Group) a registered organisation representing employers in a range of industries and sectors across Australia. The policies and guidelines referred to in this website are those of the Confectionery Trust and do not represent the views opinions or policies of Ai Group.

By using this website, you agree to comply with these terms of use (Terms). The Trustee may change these Terms of use at its discretion and without notice. By continuing to use this website you accept the Terms of use as they apply from time to time.

 

Intellectual property rights

  • Unless otherwise indicated, the Trustee owns the copyright and other intellectual property rights in the content of this website. Please don’t infringe those rights. While you may browse or print the content for non-commercial, personal or internal business use, you must obtain our prior written permission if you’d like to use, copy or reproduce any part of the website for any other purpose. The website, products, technology and processes contained in this website may be the subject of other intellectual property rights owned by third parties and licensed to us. No licence is granted in respect of those intellectual property rights other than as set out in this website. Your use of this website must not in any way infringe the intellectual property rights of any person.
  • All trade marks appearing on this website belong to their respective owners and must not be used republished or modified in any way without obtaining the prior written consent of the owner.
  • Be treatwise® is a registered trade mark owned by the Trust.  It is available to be licensed, at no cost, on terms and conditions set out in the website.  Enquiries must be directed to the Trustee on +61 3 98670181 or email confectionery@aigroup.com.au

 

General information and not legal advice

  • This website is maintained as an information service. None of the information provided here is represented or implied to be legal, accounting, financial or investment advice and we do not invite and do not expect any person to act or rely on any statement, opinion, representation or inference expressed or implied on this website. You must make your own enquiries and obtain your own professional advice appropriate to your own circumstances, before acting or relying on any content.
  • We do not accept any responsibility for any errors or omissions on this website and disclaim absolutely all liability for the consequences of any act or omission arising out of the use or otherwise of the information on this website. In no event are we liable for any loss or damage, directly or indirectly, arising out of or in connection with the use of this website or the information set out herein or referable or linked to it and whether consequential or foreseeable or otherwise and howsoever arising.

 

Legal relationship of transactions

  • Transactions on this site: If you transact any business with us or through this website, you may be asked to agree to another set of terms and conditions relating to that particular transaction before you can proceed, such as a licence agreement. Unless so requested or otherwise indicated, then these Terms apply also to any such transaction or contract arising from that transaction.
  • Disputes: If for any reason a dispute arises in respect of this website or the conditions of its use or access or content then the laws of Australia shall apply to resolution or claims in relation to that dispute, irrespective of your location or place or residence.

 

Liability

  • Although we aim to ensure the content on this website is up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy. We may change the content on this website at any time without notice. Also, as the internet is inherently insecure, we can’t guarantee the security of data contained on the website. Some transactions on this website may be effected using cloud  facilities, for which Ai Group cannot be held responsible in respect of any access or recovery of data issues.
  • The website and its content are provided entirely “as is”. We exclude all implied conditions and warranties with respect to the website and its content, excluding any implied condition or warranty the exclusion of which would breach any statute or cause any part of this paragraph to be void.
  • Your use of this website, and your reliance on its content, is entirely at your own risk. In particular, we exclude our liability to you (including because of our negligence) for any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure or computer viruses, or any indirect or consequential loss, resulting from your use of our website or its content. For all other types of loss, our total liability to you (including because of our negligence) resulting from your use of this website or its content is limited in aggregate to $1.
  • If, despite the previous two paragraphs, a court says that we are liable to you, that liability will be limited (at our election) to either re-supplying the affected service or content to you or if a sale transaction has occurred, refunding what you have paid us for it.

 

Third party links

  • This website may contain links to other sites over which we have no control. Those links are provided for your convenience only, and we are not responsible for their use, effect or content.
  • We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on those sites, nor do we endorse any information, opinions, goods or services referred to on them.

 

Password secrecy

  • We may choose to issue you with a username and password to enable you to access particular features on our website, such as updating data about a licence. If we do, you must keep those details confidential (and you are responsible for their misuse if you don’t).

 

Posting comments

  • Our website may enable you to post comments (for example, on blogs, forums or other public areas). You are responsible for all comments that you post (or that are posted using your username and password).
  • You must not post any comment that:
    • is inflammatory (commonly referred to as ‘trolling’)
    • is xenophobic, racist, abusive, harassing or hateful
    • is false, defamatory, inaccurate, threatening, invasive of a person’s privacy, or constitutes personal abuse directed at other users or threatens or demeans or derides or is derogatory of any organisation or group or person
    • is obscene, sexually explicit or pornographic, or contains links to other sites that contain or promote obscene, sexually explicit or pornographic material
    • constitutes commercial advertising, the promotion of gambling or the promotion of your own site (commonly referred to as ‘spamming’)
    • infringes someone else’s copyright or trade mark,
    • violates any law in Australia or in the country in which the user accesses or uses this website or to which the user sends or despatches any offending material via this website.
  • You warrant that any information or know-how you submit via the website will be yours to publish or has been authorised by the proprietor of that information to be published by you and that information we receive from you on this website may be used by us for the purposes for which you published it to us, without any charge or cost to us or any restriction.  If you intend on us relying on that information then you must warrant that it is truthful, accurate and complete and capable of being relied upon, and not fraudulently or unlawfully obtained or posted with malicious or unlawful intent.

 

Privacy

  • The Trustee is a subsidiary of Ai Group and therefore the Commonwealth of Australia’s Privacy Act 1988 as amended applies to the Trustee.  Ai Group’s policy is available from www.aigroup.com.au.
  • This site may use cookies to gather high level statistical information about user access and volumes.  Individual email or url addresses are not collected or stored by the Trustee.
  • Apart from the specific personal information that is required for the purposes of tracking the issue of licences to users to use our trade marks, the Trustee does not collect, store or use any personal information that may be submitted to this website, for any purpose other than the express transaction or activity requested by the user in submitting their personal information.
  • Neither the Trustee nor Ai Group sells transfers or otherwise deals in any personal information collected on this website without the express consent of the individual.
  • This website may use cloud facilities for economic efficiency.  Data that is stored and controlled by a cloud provider for the purposes of providing that service to this website may be located outside Australia.  The Trustee has no power or authority to direct the location of that data or to identify the countries where such data may be transferred or accessed.  Accordingly by accessing and using this site, if at any time this site does use cloud facilities or services, you are also consenting to Australian Privacy Principle 8 not applying to the storage and transfer of data to an overseas recipient.  More information on privacy and the Australian Privacy Principles in effect from 2014 may be found at the Australian Government Office of the Information Commissioner (OAIC) at www.oaic.gov.au
  • Ai Group has a dispute resolution and complaints process in respect of privacy issues for all its related entities and all serious issues may be referred to Privacy@aigroup.com.au or directly to the OAIC at www.oaic.gov.au.

 

Web assistance

  • This site is either hosted and managed by Ai Group or by our contracted host provider.  Technical issues in respect of the operation or navigation of this site may be referred to the web help desk at info@aigroup.com.au.

 

Applicable law

  • These Terms of use, and your use of our website, are governed by the laws of Victoria, Australia.