Terms & Conditions
Website Terms and Conditions of Use
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 MCCULLOCH HUNTER Pty Ltd (ABN 28 628 178 414) (HUNTERhunter, we, us, our). You acknowledge that HUNTERhunter provides access to the Website to you subject to these Terms and Conditions of Use.
Products and Services
Parts of this Website may enable you to purchase products (Products), submit or upload content (such as competition entries) (User Content) or subscribe to a data service (a Service).
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 Website Content) comprises the intellectual property of HUNTERhunter or any relevant third parties from whom HUNTERhunter may license that Website Content.
You must not modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Website Content (either in whole or in part) unless you have been specifically told that you may do so by HUNTERhunter, in a separate agreement.
You understand that by using the Website you may be exposed to Website Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website, including obtaining and using any information, products and services, at your own risk.
Unless otherwise indicated, all intellectual property in the Website is owned or licensed by HUNTERhunter. Subject to these Terms and Conditions of Use, HUNTERhunter grants you a non-exclusive, non-transferable, limited licence to view, download and use information directly accessible through the Website (Licence).
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 embarrass, defame, offend, or infringe on the intellectual property or other rights of HUNTERhunter or any other person.
Any of the trademarks, service marks or logos displayed on the Website may be registered or unregistered marks (Marks) of HUNTERhunter or third party owners. 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 HUNTERhunter. Any unauthorised uses of the Marks are strictly prohibited.
Except as provided by law, the Website is provided "as is" and without any warranty or condition, express or implied.
HUNTERhunter 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. HUNTERhunter 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 HUNTERhunter's control. HUNTERhunter does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Website.
Subject to the provisions of the Competition and Consumer Act 2010 (Cth), HUNTERhunter makes no guarantees, representations or warranties 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). The HUNTERhunter makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than HUNTERhunter which are or may become linked or framed to or from the Website.
Use of User Content
a) is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another's privacy, sexist, racist, homophobic, violent, degrading;
b) infringes anyone else’s rights (including intellectual property rights);
c) 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 HUNTERhunter considers to be inappropriate;
d) 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;
e) violates any law, statute or regulation;
f) forges information to disguise the origin of any User Content; or
g) encourages or incites any other person to engage in any of the above behaviour.
You grant to HUNTERhunter a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use the copyright you have in any User Content, in all media now known or not currently known. By submitting User Content, you also consent to any dealings with your User Content that may otherwise infringe your moral rights. HUNTERhunter may copy any User Content, cause it to be seen and/or heard in public, and communicate it to the public. We may also allow third parties to do these things.
You can edit any User Content you submit via the Website. If you wish to delete some or all of your User Content, send an email to us at [email protected].
HUNTERhunter encourages intelligent conversation and welcomes questions, comments and debate its social media platforms. As an organisation that supports many industries, from food and wine to fashion and entertainment, we focus on constructive contributions, and will not provide a forum for trolling, abuse or personal attacks of any kind. We value the opinion of our readers, but will distinguish between comments that contain constructive, relevant arguments and those that are abusive, offensive or could be construed as an attack. We expect all users to consider the impact of their words and take responsibility for them. If we decide any User Content breaches your obligations or is not in keeping with the spirit of these Terms and Conditions of Use or any Community Guidelines, we may remove it.
If you see an interaction on the Website, or HUNTERhunter's Facebook, Instagram or Twitter accounts that concerns you, please let us know via [email protected].
Limitation of Liability
You agree that, to the maximum extent permitted by law, HUNTERhunter 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:
a) the use of the Website;
b) the use by HUNTERhunter of information provided by you to HUNTERhunter through the Website;
c) being unable to access the Website for whatever reason and however arising, including (without limitation) negligence; and
Subject to the Competition and Consumer Act 2010, HUNTERhunter 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 HUNTERhunter's sole discretion):
a) in the case of goods, any one or more of the following:
i) the replacement of the goods or supply of equivalent goods;
ii) the repair of the goods;
iii) the payment of the costs of replacing the goods or of acquiring equivalent goods; or
iv) the payment of the costs of having the goods repaired; and
b) in the case of services:
i) the supply of the services again; or
ii) the payment of the cost of having the services supplied again.
You indemnify HUNTERhunter against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by any members of HUNTERhunter, arising from, or which is directly or indirectly, related to:
a) your breach or non-observance of any term of these Terms and Conditions of Use; or
b) any breach or inaccuracy in any representations or warranties made to HUNTERhunter.
Terminating your relationship with the HUNTERhunter
These Terms and Conditions of Use will continue to apply until terminated by either you or HUNTERhunter as set out below.
If you wish to terminate your relationship with HUNTERhunter, you may do so by notifying HUNTERhunter in writing.
HUNTERhunter may, at any time, terminate its legal agreement with you if:
a) you have breached any provision of these Terms and Conditions of Use or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these Terms and Conditions of Use; or
b) HUNTERhunter is required to do so by law (for example, where the provision of products and services to you through the Website is, or becomes, unlawful).
If you breach any provision of these Terms and Conditions of Use, HUNTERhunter may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of the Website.
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 HUNTERhunter.
HUNTERhunter may alter any of the content on the Website at any time. Amendment of Terms and Conditions of Use
HUNTERhunter may amend, add to 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
HUNTERhunter 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.