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This site is owned and operated by
Capitol Chilled Foods (Australia) Pty Ltd.
The
information appearing on this site is for preliminary
and general information only and is not to be relied
upon as being complete, accurate, or up to date and is
subject to change.
Products and services referred
to in this site are only available in Australia, or as
otherwise indicated.
Capitol Chilled Foods
(Australia) Pty Ltd shall not be responsible for the
content of any other site accessed via this site,
instead that information is the responsibility of the
respective site owner and Capitol Chilled Foods
(Australia) Pty Ltd has no control over it. Links to
other sites are provided for convenience only and do not
represent any endorsement by Capitol Chilled Foods
(Australia) Pty Ltd of the products offered by the site
owner.
Any content of this site is the
intellectual property of Capitol Chilled Foods
(Australia) Pty Ltd, unless a reference is made to the
contrary. The use of personal information is governed by
Capitol Chilled Foods (Australia) Pty Ltd Privacy
Policy.
Any re-use of content is considered as a
potential breach against Capitol Chilled Foods
(Australia) Pty Ltd intellectual property rights as
governed by the applicable federal, state and territory
laws of Australia. | |
Terms of
Use
Please read these Terms of Use carefully
before using any of the Web sites operated by Capitol
Chilled Foods (Australia) Pty Ltd. By accessing or using
the Capitol Chilled Foods (Australia) Pty Ltd Site, you
agree to be legally bound by these Terms of Use. If you
do not wish to be bound by these Terms of Use, please do
not use the Capitol Chilled Foods (Australia) Pty Ltd
Site.
Trademarks, Copyrights, and Restrictions
The Capitol Chilled Foods (Australia) Pty Ltd
Site are controlled and operated by Capitol Chilled
Foods (Australia) Pty Ltd. If you wish to contact us,
you may call us on XXXX XXX XXX. The Capitol Chilled
Foods (Australia) Pty Ltd Site was created to be both
useful and entertaining. All materials on the Capitol
Chilled Foods (Australia) Pty Ltd Site ("Online
Materials"), including, without limitation, names,
logos, trademarks, service marks, images, illustrations,
audio clips, and video clips, are protected by
copyrights and other intellectual property rights owned
and controlled by Capitol Chilled Foods (Australia) Pty
Ltd or by other parties that have licensed their
material to Capitol Chilled Foods (Australia) Pty Ltd.
You may download and retain only a single copy of the
Online Materials, solely for your personal,
non-commercial use. No Online Material may be copied,
reproduced, republished, modified, uploaded, posted,
transmitted, distributed in any way, or otherwise used
for any purpose without the prior written permission of
their respective owners. You may not add, delete,
distort, or otherwise modify the contents on the Capitol
Chilled Foods (Australia) Pty Ltd Site. Any unauthorized
attempts to modify any Online Material, to defeat or
circumvent our security features, or to utilize the
Capitol Chilled Foods (Australia) Pty Ltd Site for other
than their intended purposes are prohibited. Please
report any material on any Capitol Chilled Foods
(Australia) Pty Ltd Site which you believe may infringe
your copyright.
Linked Sites
We have provided
links to related sites for your convenience ("Linked
Sites"). We do not review or endorse Linked Sites in any
way whether or not Capitol Chilled Foods (Australia) Pty
Ltd is affiliated with the sponsors of a site. We are
not responsible for the content of Linked Sites or any
off-site pages linked to the Capitol Chilled Foods
(Australia) Pty Ltd Site. You access such linked sites
and off-site pages at your own risk. It is up to you to
take precautions to ensure that such linked sites that
you visit and the information you select on them are
free of viruses, worms, vermin, trojan horses, and other
items of a destructive nature. Visitors to any Linked
Sites are urged and expected to abide by the Terms of
Use and Privacy Policies of that particular Linked
Site.
Submissions to Capitol Chilled Foods
(Australia) Pty Ltd Sites
You may only use
Capitol Chilled Foods (Australia) Pty Ltd Site and their
contents for lawful purposes and in accordance with
applicable law and you are prohibited from storing,
distributing or transmitting any unlawful material
through Capitol Chilled Foods (Australia) Pty Ltd Site.
You may not collect or store personal information
regarding other users. You recognize that storing,
distributing or transmitting unlawful material could
expose you to criminal and/or civil liability. You agree
that if a third party claims that material you have
contributed to Capitol Chilled Foods (Australia) Pty Ltd
Site is unlawful, you will bear the burden of
establishing that it is lawful. You understand and agree
that all materials publicly posted (other than by
Capitol Chilled Foods (Australia) Pty Ltd) or privately
transmitted on or through Capitol Chilled Foods
(Australia) Pty Ltd Site are the sole responsibility of
the sender, not Capitol Chilled Foods (Australia) Pty
Ltd, and that you are responsible for all material you
upload, post or otherwise transmit to or through Capitol
Chilled Foods (Australia) Pty Ltd Site.
Any
notes, message/bulletin board postings, ideas,
suggestions, concepts, or other material submitted to us
will become the property of Capitol Chilled Foods
(Australia) Pty Ltd and Capitol Chilled Foods
(Australia) Pty Ltd shall be entitled to use such
material for any type of use forever, including in any
media whether now known or hereafter devised. You agree
that any submission you make to us is original with you
and accurate. You agree that you will not submit or
otherwise publish through the Capitol Chilled Foods
(Australia) Pty Ltd Site any content, or act in any way,
which in Capitol Chilled Foods (Australia) Pty Ltd
opinion:
(A) may constitute libel, defamation,
invasion of privacy, or is obscene, pornographic,
abusive, or threatening;
(B) may infringe any
intellectual property or other right of any entity or
person;
(C) may violate any applicable law or
advocates illegal activity;
(D) advertises or
otherwise solicits funds or is a solicitation for goods,
services, advertisers or sponsors or otherwise engages
in commercial activity;
(E) disrupts the normal
flow of dialogue or otherwise act in a way which affects
the ability of other people to engage in real time
activities via Capitol Chilled Foods (Australia) Pty Ltd
Site;
(F) includes programs which may contain
viruses, worms, trojan horses or other computer code,
files or programs designed to interrupt, destroy or
limit the functionality of any computer software or
hardware or telecommunication;
(G) includes MP3
format files;
(H) disobeys any policy or
regulation established from time to time regarding use
of Capitol Chilled Foods (Australia) Pty Ltd Site or any
networks connected to Capitol Chilled Foods (Australia)
Pty Ltd Site; or
(I) contains links to other
sites that contain the kind of content which falls
within the descriptions set out in (A) to (H)
above.
We are not responsible for any material
posted on shared content areas on the Capitol Chilled
Foods (Australia) Pty Ltd Site. We will cooperate with
any law enforcement authorities and comply with any
judicial order requesting or directing us to disclose
the identity of anyone posting materials in violation of
any applicable federal, state, or local laws. We reserve
the right in our sole discretion to remove or disable
access to any material posted on or to our site,
including without limitation material posted by you to a
Capitol Chilled Foods (Australia) Pty Ltd Site if we
believe that material violates any of the above policies
or infringes any intellectual property rights.
Furthermore, if we believe in our sole discretion that
you have violated any of the terms of these Terms of
Use, including specifically but without limitation by
posting or providing links to material which infringes
intellectual property rights, we reserve the right to
terminate your access to the Capitol Chilled Foods
(Australia) Pty Ltd Sites.
Applicability of Online
Materials
Unless otherwise specified, the
Online Materials are presented solely for the purpose of
informing users of this site in Australia, and for
promoting Capitol Chilled Foods (Australia) Pty Ltd
products. The Capitol Chilled Foods (Australia) Pty Ltd
Site is controlled and operated by Capitol Chilled Foods
(Australia) Pty Ltd from its corporate office in
Canberra, Australian Capital Territory. We make no
representation that the Online Materials are appropriate
or available for use in other locations outside
Australia. Those who visit the Capitol Chilled Foods
(Australia) Pty Ltd Site from other locations do so on
their own initiative and are responsible for compliance
with all applicable local laws. You specifically agree
to comply with all applicable laws, including without
limitation those concerning the transmission of
technical data exported from Australia or the country in
which you reside.
Disclaimer Of Warranties and
Liability
YOU EXPRESSLY AGREE THAT YOUR USE OF
THE CAPITOL CHILLED FOODS (AUSTRALIA) PTY LTD SITES, THE
ONLINE MATERIALS, AND ANY PRODUCTS OR SERVICES PURCHASED
ON THE CAPITOL CHILLED FOODS (AUSTRALIA) PTY LTD SITE IS
AT YOUR SOLE RISK. ALL ONLINE MATERIALS AND THE PRODUCTS
AND SERVICES OFFERED ON THE CAPITOL CHILLED FOODS
(AUSTRALIA) PTY LTD SITES ARE PROVIDED "AS IS" AND "AS
AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, CAPITOL CHILLED FOODS
(AUSTRALIA) PTY LTD DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. NEITHER CAPITOL CHILLED
FOODS (AUSTRALIA) PTY LTD, NOR ITS AFFILIATED AND
SUBSIDIARY ENTITIES, NOR THEIR RESPECTIVE VENDORS,
AGENTS OR EMPLOYEES, NOR ANY PERSON INVOLVED IN THE
CREATION, PRODUCTION AND DISTRIBUTION OF CAPITOL CHILLED
FOODS (AUSTRALIA) PTY LTD WEB SITE WARRANT THAT THIS
SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT CAPITOL CHILLED
FOODS (AUSTRALIA) PTY LTD OR THE SERVER THAT MAKES THEM
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. THE MATERIAL THAT YOU MAY READ ON CAPITOL
CHILLED FOODS (AUSTRALIA) PTY LTD WEB SITE IS PROVIDED
FOR INFORMATION AND PROMOTIONAL PURPOSES. CAPITOL
CHILLED FOODS (AUSTRALIA) PTY LTD DOES NOT WARRANT OR
MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS
OF THE USE OF THE MATERIAL IN CAPITOL CHILLED FOODS
(AUSTRALIA) PTY LTD WEB SITES OR LINKED SITES IN TERMS
OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. CAPITOL CHILLED FOODS (AUSTRALIA) PTY LTD
MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS,
INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER
CONTENT IN CAPITOL CHILLED FOODS (AUSTRALIA) PTY LTD
SITES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND CAPITOL
CHILLED FOODS (AUSTRALIA) PTY LTD ASSUMES NO LIABILITY
OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH
MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES
OR OTHER CONTENT OF CAPITOL CHILLED FOODS (AUSTRALIA)
PTY LTD SITE. IF APPLICABLE LAW DOES NOT ALLOW THE
EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES
TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU
ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT
LIMITING THE FOREGOING DISCLAIMER, YOU EXPRESSLY AGREE
THAT CAPITOL CHILLED FOODS (AUSTRALIA) PTY LTD, ITS
AFFILIATED AND SUBSIDIARY ENTITIES, AND THEIR RESPECTIVE
VENDORS, AGENTS, EMPLOYEES, AND ANY PERSON INVOLVED IN
THE CREATION, PRODUCTION AND DISTRIBUTION OF CAPITOL
CHILLED FOODS (AUSTRALIA) PTY LTD ’ WEB SITE SHALL NOT
BE LIABLE FOR: (A) ANY CLAIMS, LIABILITY, OR DIRECT,
INDIRECT, PUNITIVE, ACTUAL, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY OR OTHER DAMAGES RESULTING FROM YOUR
PURCHASE OF ANY PRODUCT OR SERVICES ON THE CAPITOL
CHILLED FOODS (AUSTRALIA) PTY LTD SITE OR FROM YOUR USE
OF ANY ONLINE MATERIALS; (B) YOUR USE OR INABILITY TO
USE OR ACCESS THE CAPITOL CHILLED FOODS (AUSTRALIA) PTY
LTD SITE; OR (C) DEFECTS, DELAYS IN OPERATION,
TRANSMISSION FAILURE, OR OTHER FAILURE OF PERFORMANCE ON
THE CAPITOL CHILLED FOODS (AUSTRALIA) PTY LTD SITE OR
THE INTERNET. IF APPLICABLE LAW DOES NOT ALLOW THE
EXCLUSION OF SOME OR ALL OF THE ABOVE LIMITATIONS OF
LIABILITY TO APPLY TO YOU, THE LIMITATION WILL APPLY TO
YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. WE
DO NOT ENDORSE ANY MATERIAL, INFORMATION OR OPINIONS
INCLUDED AND/OR EXPRESSED IN OR ON THE BULLETIN BOARDS,
IN THE CHAT AREAS OR OTHER FORUMS CONDUCTED ON THE
CAPITOL CHILLED FOODS (AUSTRALIA) PTY LTD SITE
("FORUMS") AND WE MAKE NO REPRESENTATIONS OR WARRANTIES
REGARDING SUCH MATERIAL, INFORMATION OR OPINIONS. WE DO
NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE
CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF CAPITOL
CHILLED FOODS (AUSTRALIA) PTY LTD. CAPITOL CHILLED FOODS
(AUSTRALIA) PTY LTD MAY REMOVE OR MODIFY ANY CONTENT
WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE
DISCRETION. ANY USE OF ANY CAPITOL CHILLED FOODS
(AUSTRALIA) PTY LTD SITE OR THE FORUMS WILL BE AT YOUR
OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND
LIMITATION ON LIABILITY SET OUT ABOVE.
Indemnification
You will indemnify
and hold harmless Capitol Chilled Foods (Australia) Pty
Ltd, its parent, affiliated and subsidiary entities, and
the successors, licensees, assigns, officers and
directors of each from and against any and all claims,
losses and damages (including reasonable attorney's
fees) constituting and arising out of a breach of any of
the provisions of these Terms of Use, including without
limitation from your placement or transmission of any
content onto Capitol Chilled Foods (Australia) Pty Ltd
servers, and/or from any and all use of any Capitol
Chilled Foods (Australia) Pty Ltd Sites.
Governing
Law
These Terms of Use shall be governed by
and construed in accordance with the laws of New South
Wales and the Commonwealth of Australia. You agree to
submit to the exclusive jurisdiction of the federal,
state, and local courts located within the State of New
South Wales. If any provision of these Terms of Use is
unlawful, void, or unenforceable, it will not affect the
validity and enforceability of any other provision.
These Terms of Use set forth the entire agreement
regarding all of the matters discussed herein. Because
these Terms of Use are subject to change and you will be
legally bound by such changes, you should periodically
visit this section to review the current Terms of Use.
We reserve the right to terminate this agreement at any
time without notice for any reason. These Terms of Use
were last updated on July 12, 2002.
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