By accessing or otherwise using this website (Website), you agree to be bound by these Terms and Conditions of Use. This Website is owned and operated by Cows-R-Us Pty Limited ACN 108249234 (CRU). You acknowledge that CRU provides access to the Website to you subject to these Terms and Conditions of Use.
1 You understand and agree that all material, information and data (such as data files, written text, computer software, audio files, photographs, or other images) accessed or used by, or provided to, you through the Website (the Content) comprises the intellectual property of CRU or any relevant third parties from whom CRU may license that Content.
2 You may not modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Content (either in whole or in part) unless you have been specifically told that you may do so by CRU or by the owners of that Content, in a separate agreement.
3 Unless otherwise indicated, all intellectual property in the Website is owned or licensed by CRU. Subject to these Terms and Conditions of Use, CRU grants you a non-exclusive, non-transferable, limited licence (Licence) to view, download and use information directly accessible through the Website.
4 You agree that, subject to your use of the Website in accordance with the limited Licence granted to you, you will not modify, copy, republish, frame, distribute or communicate any part of the Website or any information contained in it or otherwise use the Website in a way which will infringe CRU’s intellectual property or other rights.
5 Any of the trademarks, service marks or logos displayed on the Website may be registered or unregistered marks (Marks) of CRU. Nothing contained on the Website should be construed as granting any licence or right to use any of the Marks displayed on the Website without the express written permission of CRU. Any unauthorised uses of the Marks are strictly prohibited.
Disclaimer and Limitation of Liability
6 You agree that CRU is not liable to you or anyone else for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss) arising as a result of breach of these Terms and Conditions of Use, in tort (including negligence) or otherwise arising out of, or in connection, with the use of the Website.
7 Except as provided by law, the Website is provided “as is” and without any warranty or condition, express or implied in respect of the information and materials available on the Website or the means of accessing that information and material (including the software operating in connection with the Website). CRU makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than CRU which are or may become linked or framed to or from the Website.
8 CRU does not warrant that the information contained in or accessible through the Website is accurate, suitable for your purposes or without errors, omissions or viruses. CRU does not guarantee continuous, uninterrupted or secure access to the Website. You acknowledge that access and use of the Website (including the software operating in connection with the Website) may be interfered with by numerous factors outside of CRU’s control. CRU does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Website.
9 CRU expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at CRU’s sole discretion):
9.1 in the case of goods, any one or more of the following:
9.1.1 the replacement of the goods or supply of equivalent goods;
9.1.2 the repair of the goods;
9.1.3 the payment of the costs of replacing the goods or of acquiring equivalent goods; or
9.1.4 the payment of the costs of having the goods repaired; and
9.2 in the case of services:
9.2.1 the supply of the services again; or
9.2.2 the payment of the cost of having the services supplied again.
Use of Information
10 If you upload or otherwise provide any information or content (Content) in the course of accessing or using the Website, you agree that such Content will be available to CRU to use in any manner it thinks fit, subject to applicable provisions of any legislation including, without limitation, privacy legislation. You agree that you will not upload or otherwise provide any Content which:
10.1 is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent, degrading;
10.2 infringes the intellectual or other proprietary interests of third parties;
10.3 impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services CRU considers to be inappropriate;
10.4 contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Website or otherwise breaches or encourages other users to breach these Terms and Conditions of Use;
10.5 violates any law, statute or regulation;
10.6 forges information to disguise the origin of any Content; and
10.7 encourages or incites any other person to engage in any of the above behaviour.
11 You agree to grant CRU a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright you have in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in CRU’s favour.
Terminating your relationship with the Company
13 If you breach any provision of these Terms and Conditions of Use, CRU may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of the Website.
14 You must not establish links on any other website to the Website or any other part or parts of the Website without the prior written consent of CRU.
15 CRU may alter any of the content on the Website at any time.
Amendment of Terms and Conditions of Use
16 CRU is entitled, at its sole discretion, to amend, add or remove any part of these Terms and Conditions of Use at any time without notice. You should periodically read these Terms and Conditions of Use. Your continued use of this Website or any product or service obtainable through the Website after any such change to these Terms and Conditions of Use constitutes an agreement by you to abide by and be bound by these Terms and Conditions of Use, as amended.
Choice of Law and Use of the Website
17 These Terms and Conditions of Use are governed by the laws of the State of New South Wales, Australia. CRU has designed the Website for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Website outside the Commonwealth of Australia. The Website is available only to people in Australia who can form legally binding contracts under applicable law.
Commission and Fees
18 In certain cases, CRU may have a relationship with a third party whose website is linked to this Website. That third party may pay CRU either a commission or a referral fee where you buy products from them based on a percentage of the gross payment received by that third party from you. The commission and referral fees are normally payable by those third parties on a monthly or quarterly basis, in arrears.