Website Terms And Conditions Of Use

In these terms and conditions (Website Terms), “Straight To The Source”, “we” “us” and “our” refers to Straight To The Source Pty Limited (ABN 88 624 419 441) and “you” and “your” refers to you, the Internet user who has accessed the Straight To The Source website at https://straighttothesource.com.au/ (Website). These Website Terms apply to your use of the Website and do not alter in any way the terms or conditions of any other agreement you may have with us.

Please read the Website Terms carefully. By accessing the Website, you agree to be bound by the Website Terms and by all terms, policies and guidelines incorporated by reference. If you do not agree to all of these terms, do not use the Website. By using the Website, you represent and warrant that you are over the age of 16 and are lawfully able to accept the Website Terms and enter into this agreement.

Privacy Policy

Straight To The Source is committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use and disclose personal information.

Availability of the Website 

Straight To The Source aims to make sure that the Website and all functionality are available at all times. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. Straight To The Source will not be liable to you if the Website or any aspect of it is not available. 

Use of the Website

The Website, including all text, graphics, articles, blogs, videos, information, webinars, functionality, artworks and images (Content) and any portals that accessed via the Website are intended for our customers and prospective customers for the purpose of doing business with us, including evaluating and ordering our products or services. You may download a copy of the information on the Website to your computer or personal mobile device for your personal use but you must not otherwise reproduce or use the Website. In particular, you must not delete or change any copyright symbol, trade mark or other proprietary notice.    

Ownership of the Website 

The Website is owned by Straight To The Source. Unless otherwise indicated, Straight To The Source owns or has a licence to use all of the Content. All elements of the Website, including the Content, are protected by laws relating to the protection of intellectual property rights such as copyright and trade marks.

You are specifically prohibited from: (a) using any data mining, robots or similar data gathering or extraction methods; and (b) manipulating or otherwise displaying the Website or the Content by using framing or similar navigational technology. 

You must comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, spam, privacy, and the transmission of technical data exported from Australia or the country in which you reside.

Intellectual Property Rights

Copyright takedown policy: Straight To The Source may, in appropriate circumstances and at Straight To The Source’s sole discretion, terminate your right to access the Website if you infringe the intellectual property rights of Straight To The Source or any third party.

If you believe that any Content infringes your intellectual property rights, please email us at hello@straighttothesource.com.au. You will need to give us details of the intellectual property rights involved, confirmation that you are the owner or exclusive licensee of the intellectual property rights and information on how you claim your rights have been infringed. If the claim is made against a third party who has used the Website, we may give notice of a claim of copyright infringement by means of a general notice on the Site or electronic mail to that user's e-mail address. 

Trade marks: Straight To The Source is the owner or licensee of registered and unregistered trade marks used in relation to our business on the Website (Trade Marks) and the look and feel of the Website. You must not copy, imitate or use, in whole or in part, any of the Trade Marks or the look and feel without our prior written permission. All other trade marks, product names and company names or logos used on the Website are the property of their respective owners. Our reference to any third party’s products or services is not an endorsement, sponsorship or recommendation of such products or services. 

Links 

You must not use the Trade Marks or other proprietary graphics to link to this Website, or frame any of the Trade Marks, logos or other proprietary information, including the Content, without our express written permission. 

This Website may contain links to third party sites which are not under Straight To The Source’s control and Straight To The Source has no responsibility for the content of these sites.  Straight To The Source makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party sites accessible by link from the Website, or websites linking to the Website. Links to other sites are provided for convenience only, and do not imply any affiliation, endorsement or adoption by Straight To The Source of the products or services offered by the site. 

If you use a link on this Website and navigate to another website, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. You agree that Straight To The Source is not responsible or liable for any loss, damage or other matters of any sort incurred as the result of your dealings with third parties via their sites.

Forums & Other Interactive Services or Areas 

The Website may include discussion forums or other interactive areas including blogs (Interactive Areas) in which you and third parties can create, post or store content, messages, comments, materials or other items on the Website (User Content). 

You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Website Terms and will not violate any rights of or cause injury to any person or entity.

You are solely responsible for your use of such Interactive Areas and use them at your own risk. You must not delete or revise anyone else’s User Content. You must not post, upload, transmit, distribute, store, create or otherwise publish through the Website any of the following:

a. User Content that is unlawful, libellous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

b. User Content that constitutes, encourages or provides instructions for a unlawful activity as referred to in paragraph a.;

c. User Content that may infringe any other person’s intellectual property or contractual rights;

d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

e. unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;

f. anyone’s personal or sensitive information;

g. viruses, corrupted data or other harmful, disruptive or destructive files; and

h. User Content that, in our sole judgment is objectionable or which may expose Straight To The Source or its users to any harm or liability of any type.

Straight To The Source is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Straight To The Source may remove, screen or edit any User Content posted or stored on the Website at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Website at your sole cost and expense. 

Unless otherwise indicated, you grant Straight To The Source and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User Content throughout the world in any media. You grant Straight To The Source and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You consent to giving us this licence even where such acts in relation to the correspondence or communication involve (a) a failure to identify you as the author; (b) the false attribution of another person as the author; and (c) the subjection of them to derogatory treatment; whether occurring before or after the giving of consent, and which apart from this consent, infringe any moral rights subsisting in the correspondence or communication.

Any use of the Interactive Areas or other portions of the Website in breach of the Website Terms may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Website. You agree that Straight To The Source may access, use or disclose any information about you or your use of this Website, including without limitation any User Content to comply with the law or any legal process; protect and defend the rights or property of Straight To The Source; or to protect the safety of our employees, customers or the public.

Registration Data and Account Security 

In consideration of your use of the Website, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (Registration Data); (b) maintain and promptly update the Registration Data, and any other information you provide to Straight To The Source, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify us immediately of any unauthorised use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorised access to the Registration Data and any other information you provide to us.

Indemnification

You agree to defend, indemnify and hold harmless Straight To The Source, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal costs) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Website, your conduct, use of or inability to use the Website, your breach or alleged breach of the Website Terms or of any representation or warranty contained herein, your unauthorised use of the Site Content, or your violation of any rights of another. 

Disclaimer

Straight To The Source uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.

To the maximum extent permitted by applicable law, the Website and the Content are provided "as is" without guarantee or warranty, express or implied, of any kind including but not limited to guarantees or warranties of acceptable quality or fitness for a particular purpose or non-infringement. You agree that the functions embodied on or in the materials of the Website are not warranted to be uninterrupted or without error or that defects will be corrected. We make no warranty that the Website or the Content are free from infection by viruses or anything else that has contaminating or destructive properties.

Limitation of Liability

To the extent that Straight To The Source can limit your remedy for breach, then Straight To The Source’s liability is limited to one or more of the following at Straight To The Source’s option:

1. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
2. in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

To the maximum extent permitted by applicable law, in no event shall Straight To The Source and its directors, employees, content providers, agents and affiliates be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Website, the services or products, the Content or the materials contained in or accessed through the Website, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Straight To The Source, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to Straight To The Source’s records, programs or services.

To the maximum extent permitted by applicable law, in no event shall the aggregate liability of Straight To The Source, whether in contract, guarantee, warranty, tort (including negligence), product liability, strict liability or otherwise, arising out of or relating to the use of the Website exceed the fees you pay, if any, to Straight To The Source for access to or use of the Website.

Termination

Notwithstanding any of these Website Terms, Straight To The Source reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Website. On termination you must destroy all materials obtained from the Website and any and all other Straight To The Source sites including copies of those materials.

Changes to Website Terms

Straight To The Source may from time to time need to change some of the Website Terms or a policy or guideline on the Website. Any changes will be effective immediately once they are posted on the Website. Your continued use of the Website following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Website Terms whenever you visit the Website.

Miscellaneous Provisions

Any waiver of any provision of the Website Terms will be effective only if in writing and signed by Straight To The Source. 

The Website Terms are governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

If part or all of any of the Website Terms is illegal or unenforceable it will be severed from the Website Terms and will not affect the continued operation of the remaining provisions of the Website Terms.

The failure of either party to enforce, or the delay by either party in enforcing, any of its rights shall not be deemed a continuing waiver or a modification of this agreement.

Questions and Contact Information

Questions or comments about the Website or Website Terms may be directed to Straight To The Source at hello@straighttothesource.com.au

Last update: 31 July 2020