This is a legal agreement between you ("you") and Dairy Australia Limited (hereafter, “Dairy Australia”). You should read this Agreement in its entirety before you download any digital asset (hereafter, an “Asset”) appearing on this website. If you agree to be bound by the terms and conditions of this Agreement, click on the "I Agree" button on the website.
By clicking the "I Agree" you warrant that you are authorised to enter into this Agreement and agree to indemnify Dairy Australia for any loss, claim, damage or action arising as a result of any lack of authority to enter into this Agreement or to be granted a licence to use any Asset pursuant to this Agreement.
Grant of Licence
1. Dairy Australia grants to you a non-transferable, non-exclusive, revocable licence to use the Asset you have selected on the terms and conditions set out in this Agreement.
Scope of Licence
2. The Asset may be used only for the purpose described in your application or as otherwise agreed by Dairy Australia in writing.
Limitation of Licence
3. Defamatory, libellous, scandalous, misleading, pornographic or otherwise unlawful use of the Asset is prohibited.
4. You shall not copy (electronically or otherwise) or otherwise use the Asset except for the purpose described in your order form.
5. You shall not disclose the Asset to any third party without the prior written consent of Dairy Australia and you shall take all reasonable steps to prevent the disclosure to, or use by, an unauthorised third party.
6. The rights and permissions granted to you under this Agreement are personal. Except as provided for in this Agreement, the Asset may not be assigned, transferred, sublicensed, re-sold, or otherwise made available for use by, a third party.
Warranties and Indemnity
7. Dairy Australia warrants that, to the best of its knowledge and belief, the digital copy of the Asset in the form downloaded by you shall be free from defects for 90 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the digital copy of the Asset. To the fullest extent permitted by Australian law, Dairy Australia makes no other warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, any warranty as to the minimum or maximum amount of time during which this site shall be accessible to you, any warranty as to whether or not you shall be able to instantaneously download any Asset from this site at all times, or any warranty against breach of third party intellectual property rights, including but not limited to any warranty against third party claims for copyright infringement.
8. To the fullest extent permitted by Australian law, Dairy Australia shall not be liable to youor any other person or entityfor any general, special, specific, direct, indirect, consequential, incidental or other damage or loss arising out of this Agreement, the use by you of the Asset, or otherwise.
9. You warrant that you will not access, view, download or attempt to download an Asset, data file, or other material from this site which is in any way prohibited by, or which breaches the laws of the jurisdiction in which you:
(a) are currently situated;
(b) permanently reside;
(c) conduct business; and/or
(d) intend to use,
10. You hereby agree to indemnify and hold harmless Dairy Australia against any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment suffered, paid or incurred by Dairy Australia as a result of:
(a) your use of an Asset, data file, or other material contained on this site;
(b) your failure to fulfil any of the obligations imposed on you by this Agreement; or
(c) any other matter arising out of this Agreement.
11. Use of the Asset must be in compliance with all applicable laws.
12. You warrant that you will not breach any of the author's moral rights in relation to the Asset as set out in this Agreement, whether or not in the course of reproducing in an Asset material form, publishing, transmitting or exhibiting the Asset, or otherwise.
13. Dairy Australia agrees that:
(a) business records and personal information of which Dairy Australia comes into possession will be kept both confidential and accurate and used only as permitted by law and as necessary in the normal course of business;
(b) Dairy Australia will implement adequate and reasonable procedures to ensure that the confidentiality of information imparted to Dairy Australia is maintained;
(c) Dairy Australia will not sell or exchange business records or personal details received in the course of conducting its activities as envisaged by the terms of this Agreement, except as required by law or as necessary in the normal course of business;
(e) personal information collected is collected for a lawful purpose directly related to the business activities of Dairy Australia and shall not be used for a purpose unrelated to the business activities of Dairy Australia.
14. This Agreement is governed by the laws of the State of Victoria in the Commonwealth of Australia and each party hereby irrevocably submits to the exclusive jurisdiction of the Victorian Courts.
15. All rights to any Asset are owned by Dairy Australia and/or its creators unless otherwise specified, and are protected by Commonwealth of Australia copyright laws, international treaty provisions and other applicable laws.
16. Dairy Australia and/or the owners of an Asset licensed hereunder retain all rights not expressly granted by this Agreement.
17. The licence contained in this Agreement will terminate automatically without further notice from Dairy Australia if you fail to comply with any provision of this Agreement.
18. Upon termination of this Agreement you must immediately:
(a) stop using the Asset; and
(b) delete the Asset, together with all copies of it, from all media (electronic, magnetic, or otherwise).
19. Dairy Australia reserves the right to discontinue the use of any Asset for any reason and to elect to replace the Asset with an alternate Asset. Upon notice from Dairy Australia of any discontinuance of a licence for a particular Asset, the licence to use the discontinued Asset contained in this Agreement will terminate and you agree that you shall not use the Asset in the future in any manner or form whatever.