Terms & Conditions

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Terms of Use

These Terms of Use incorporate the Specialty Cereals Privacy Policy statement. You should read this statement in conjunction with these Terms of Use. Please click here to read the Specialty Cereals Privacy Policy statement..

All information and services on this Website (www.benatural.com.au) and related pages are provided by Specialty Cereals Pty Ltd (ACN 003 487 456) (“Specialty Cereals”) and our licensors, suppliers and affiliates. We do not charge for any of the information or services on this Website, but your access is subject to your unconditional acceptance of the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website (known collectively as "Terms of Use").

By accessing this Website you are deemed to have read and accepted each of these Terms of Use. We reserve the right to amend the Terms of Use at any time. Parents take full responsibility for their children's activities online.

Communications and Information
Intellectual Property and Restrictions on Use of Content

All information, text, graphics, services and advertisements on this Website ("Content") are subject to copyright and any other intellectual property rights unless expressly indicated otherwise on the Website. The Content is protected by Australian and international copyright and trade mark laws. Content on this Website is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on this Website (ie a "download" button") or expressly authorised in writing by us. Content offered to you via a "download" button (if any) may be downloaded for your own personal use only and shared with others for their own personal use. Strictly on the condition that you keep all Content intact and in the same form as presented on this Website you may:

1. using an industry-standard web browser, download and view the Content for your personal, non-commercial use, or

2. if you are an Internet service and/or access provider, supply the Content to your subscriber. You must not use this Website in any manner or for any purpose which is unlawful or in any manner which violates any rights belonging to us or our affiliates or which is prohibited by the Terms of Use.

Some of the characters displayed on this Website are registered trade marks (see below).

The representations of each of these characters (whether registered separately as trade marks or not) are protected by copyright law, and all unauthorised use is prohibited.

Disclaimer and Limitations of Liability
The goods and services (including information, software and other Content) on this Website are provided by us as a courtesy, and we do not charge for anything offered on this Website.

Nevertheless, the Competition and Consumer Act (Cth) 2010 and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to the provision by us of goods, or services (if any) on this Website which cannot be excluded, restricted or modified ("Non-Excludable Rights"). We do not exclude in these Terms and Conditions or elsewhere any Non-Excludable Rights, but do exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-Excludable Rights:

a) all goods and services on this Website is provided "as is" and without warranties of any kind, either express or implied, 

b) We(and our licensors, suppliers, affiliates and agents) expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose,

c) We do not warrant that any of the functions contained on this Website or your access to this Website will be uninterrupted or error-free, that any defects will be corrected or that this Website, the server on which this Website is stored or the software available for downloading on the Website are free of viruses or any other harmful components,

d) We do not warrant or makes any representation regarding your access to, or the results of your access to, this Website (including any related or linked websites) or any information on this Website in respect of correctness, accuracy, timeliness, completeness, reliability or otherwise, and

e) you (and us) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant information or other content. Under no circumstances (including but not limited to any act or omission on the part of us) will we, or any of its licensors, suppliers, affiliates or agents be liable for any loss of profits or any indirect, incidental, special and/or consequential damages whatsoever which result from any use of or access to, or any inability to use or access, this Website or anything contained on or missing from this Website.

To the fullest extent permitted by law, our liability of our for breach of any implied warranty or condition which by law cannot be excluded, is limited at the option of Specialty Cereals Pty Ltd (“Specialty Cereals”) to the following:

(A) in the case of services supplied or offered by us,

(i) the supply of the services again, or

(ii) the payment of the cost of having the services supplied again; and

(B) in the case of goods supplied or offered by us,

(i) the replacement of the goods or the supply of equivalent goods,

(ii) the repair of such goods,

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods, or

(iv) the payment of the cost of having the goods repaired.

 

Communications Facilities and Information
These Terms of Use incorporate the Specialty Cereals Privacy Policy. 

This Website may contain electronic communications facilities and other facilities, which provide for feedback by users to us, interaction between users and communication to the Internet community at large ("Communication Facilities"). It is a condition of your use of any Communication Facility and your access to this Website that you do not do any of the following: restrict or inhibit any other user from using or enjoying this Website; post or transmit any misleading.deceptive, unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trade mark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder; post or transmit any material of any kind which contains a virus or other harmful component; post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising; or delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.

We may from time to time monitor or review the contents of its Communication Facilities. While we reserve our right to edit, refuse to post or to remove any information or other content (in whole or in part) that in our sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, we have no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor are we responsible for any contents in any Communication Facilities (including any information, comments and/or advice). You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.

We reserve the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

Click here to view Specialty Cereals  Privacy Policy.

Advertisements and Hyperlinks
This Website may contain hyperlinks and other pointers to Internet websites operated by third parties where we believe the content on the linked websites may be of interest generally to those who visit this Website. While we endeavour to review the linked websites with respect to suitability prior to establishing any hyperlink, these third party websites: a) are not under our control, and b) may change at any time. We are not responsible for the contents of any third party website or any hyperlink contained in any third party website. The existence of a hyperlink on this Website does not imply any endorsement of the linked website by us or our Affiliates. You link to any such website entirely at your own risk. We welcome comments from users who feel that the content of any linked website is inappropriate. This Website may also contain third party advertisements (eg banner ads) which may contain embedded hyperlinks or which may include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising, if paid for, is paid for by the relevant third party advertisers and are not recommendations or endorsements by us or our Affiliates.

We are not responsible for the content (including representations) of any third part advertisement on this Website. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.

Miscellaneous
This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

Email Communications
Only those who ask to be added to our updates list or who ask for information from us will receive e-mail communications from us. We offer an "opt-out" feature that allows you to advise us that you no longer wish to receive email from us. You may always ask to be re-included.

We use "cookie" technology to assist in identifying registered users so as to avoid them having to log-in manually each time they enter the Website. We do not with the use of cookies extract any personal information, provide any such information to third parties or contact you.

Links
Our website may contain "links" to other sites, and we make every effort to only link to sites that share our high standards of decency, fairness, and integrity.

We have taken reasonable steps to ensure all information received from our online visitors is secured against misuse, loss and unauthorised access and use. All information is protected by our security measures, which are periodically reviewed.