The Pure Dairy Website General Terms and Conditions of UseThis website, “www.Puredairy.com” is owned and operated by Pure Dairy Pty, Ltd with ABN 47 143 962 529

Your Acceptance

1.1 By using and/or visiting the Pure Dairy Website [collectively, including all content and functionality available through the Pure Dairy Website, such as ordering a product or making payments], you signify your agreement to:

1. a] these terms of use [the “Terms of Use”]; and
2. b] the Pure Dairy’s privacy policy [the “Privacy Policy”], found at Puredairy.com/privacy-policy.The Privacy Policy provides details of how the Pure Dairy will store, handle and use any personal information that you provide to the Pure Dairy. If you do not agree to any of these Terms of Use, or you are not satisfied with the Privacy Policy, do not use the Pure Dairy Website.Importantly, by using and/or visiting the Pure Dairy Website, you affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
1.2 The Pure Dairy may, in its sole discretion, modify or revise these Terms of Use, the Privacy Policy, or any of its other policies at any time without notification, and you agree to be bound by such modifications or revisions. The Pure Dairy recommends that you periodically revisit the Terms of Use and Privacy Policy to ensure that you are kept up-to-date with any changes made. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits unless otherwise specified.

Intellectual Property and your use of the Pure Dairy Website

2.1 The Pure Dairy hereby grants you permission to access and use the Pure Dairy Website as set forth in these Terms of Use, provided that:

1. i] You agree not to distribute in any medium any part of the Pure Dairy Website, including but not limited to User Content [defined below], without the Pure Dairy’s authorization.

ii] You agree not to access User Content [defined below] or any other content provided on the Pure Dairy Website through any technology or means other than those provided on the publicly accessible pages of the Pure Dairy Website itself.

iii] You agree not to use the Pure Dairy Website for any commercial use, without the prior written authorization of thePure Dairy. Prohibited commercial uses include any of the following actions taken without the Pure Dairy’s express approval:

• sale of access to the Pure Dairy Website or its related services on another website;
• use of the Pure Dairy Website or its related services for the primary purpose of gaining advertising or subscription revenue;
• the sale of advertising on the Pure Dairy Website or any third-party website, targeted to specific User Content or other content; and
• any use of the Pure Dairy Website or its related services that the Pure Dairy finds, in its sole discretion, to use the Pure Dairy’s resources or User Content with the effect of competing with or displacing the market for the Pure Dairy’s product.

1. iv] You agree not to use or launch any automated system [including but not limited to “robots”, “spiders”, or “offline readers”], that accesses the Pure Dairy Website in a manner that sends more request messages to the Pure Dairy servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information from the Pure Dairy Website, for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Pure Dairy Website with respect to their User Content.

2.2 Further to the above, you agree that you will use the Pure Dairy Website in accordance with these Terms of Use and that you will not use the Pure Dairy Website for any unlawful purpose.

2.3 All content on the Pure Dairy Website except User Content [as defined below], including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, and the like [“Website Content”] and the trademarks, service marks and logos contained therein [“Website Marks”], are owned by or licensed to the Pure Dairy, and are subject to copyright and other intellectual property rights under the law. Website Content and User Content is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Pure Dairy reserves all rights [expressly and not expressly granted] in and to the Pure Dairy Website and the Website Content and Website Marks.

2.4 You may access Website Content and User Content solely:

– for your information and personal use; and

– as intended through the normal functionality of the Pure Dairy Website.

2.5 You may access Website Content, User Content and other content only as permitted under these Terms of Use

2.6 You agree to not engage in the use, copying, or distribution of any of the Website Content or User Content other than expressly permitted herein, including any use, copying, or distribution of User Content obtained through the Pure Dairy Website for any commercial purposes.

2.7 You agree not to circumvent, disable or otherwise interfere with security-related features of the Pure Dairy Website or features that prevent or restrict use or copying of any Website Content or User Content or enforce limitations on use of the Pure Dairy Website or the Website Content or User Content therein.

2.8 You understand that when using the Pure Dairy Website you will be exposed to User Content from a variety of sources, and that the Pure Dairy is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, or for whatever reason objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Pure Dairy with respect thereto, and agree to indemnify and hold the Pure Dairy, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

2.9 “User Content” and User Conduct

As a user of the Pure Dairy Website you may submit video[s], image[s], recipe[s] or other such content [“User Content”]. You understand that whether or not such User Content is published on the Pure Dairy Website, the Pure Dairy does not guarantee any confidentiality with respect to any User Content.

You shall be solely responsible for your own User Content and the consequences of posting or publishing it, and the Pure Dairy will have no liability in this regard, to the full extent permitted by law. In connection with User Content, you affirm, represent, and/or warrant that:

• you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Pure Dairy to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Pure Dairy Website and these Terms of Use;
• you will not submit any User Content that is unlawful, fraudulent, inaccurate, false, misleading or deceptive, or that the Pure Dairy may deem to be in breach of any intellectual property, trade secret, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, hateful, discriminatory, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
• you will obtain prior consent from any person or property that may appear in your User Content;
• your User Content shall not contain viruses or cause injury or harm to any person or entity; and
• you will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.

The Pure Dairy reserves the right to refuse to post or display any User Content if the Pure Dairy is of the reasonable opinion that the provisions of this clause 2.9 are breached by you.