Terms & Conditions

These terms and conditions govern your use of our website, www.foodsa.com.au (“the Website”).

If you do not accept these terms, please do not use the Website. Using the Website implies that you accept these terms. We do occasionally update these terms so please refer back to them in the future.

In these terms and conditions, the expressions “we”, “us” and “our” are references to Food South Australia Incorporated ABN 59 149 235 570 (Food SA).

References to “you” in these terms and conditions mean you as an individual, your company or your business (as applicable).

  1. Site Access and Membership
    1. You will be able to access parts of this Website without having to register any details with us. However, particular areas of this Website will be accessible only if you become a member of Food SA.
    2. Subject to meeting the membership criteria you can become a member of Food SA by applying www.foodsa.com.au/membership/join/.
    3. You agree to ensure that your registration details are true and accurate at all times. Specifically, you agree to notify us of any change to the registration details you originally supplied to us.
    4. Once you are registered as a member of Food SA, we will provide you with a username and password via the email address you provided upon registration. You will be responsible for projecting the confidentiality of your username and password.
    5. In registering to be a member of Food SA, you agree to pay for membership of Food SA for the category of membership applying to you in the manner specified on the payment page of the Website.
    6. We reserve the right to terminate you as a member of Food SA if you breach these terms and conditions or if your membership fees are not paid within three months of becoming due each year.
  2. Use of Website
    1. You are permitted to use the Website for your own purposes and to print and download material from the Website for your own use, provided that you do not modify any content without our consent. You are not permitted to provide any material from the Website to any person or organisation that is not a member or has not purchased the material from Food SA.
    2. The copyright and other intellectual property rights in all material on this Website are held by us or licensed by us. Subject to the limited exception in clause 3.1, other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and equivalent legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
      1. adapt, reproduce, store, distribute, print, display, perform or publish any materials on this Website or create derivative works from any part of this Website; or
      2. commercialise any information, products or services obtained from any part of this Website; without our written permission or, in the case of third party material, from the owner of the copyright in that material.
  3. Visitor Conduct
    1. With the exception of personally identifiable information, the use of which is covered under our Privacy Policy, any material you send or post to this Website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.
    2. You must not post or send to or from this Website any material:
      1. for which a third party holds the intellectual property rights and you have not obtained all necessary consents to distribute the material;
      2. that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in Australia;
      3. which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
    3. We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this Website in contravention of clause 4.2.
  4. Links to other Websites
    1. Any links to third party websites located on this Website as part of the Directory or otherwise are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this Website, it is at your own risk.
    2. If you would like to link to the Website, you may only do so provided that:
      1. you link to, but do not replicate, any page on the Website;
      2. the link must “point” to the URL www.foodsa.com.au and not to other Food SA web pages;
      3. the link does not operate in any way which might, or might potentially, damage or diminish the value of the Food SA name, reputation or trademarks;
      4. the link displays the full screen of the website when accessed and not a “frame” on the linked website.
    3. If you breach clause 5.2 you must fully indemnify us for any loss or damage suffered as a result of your actions.
  5. Warnings
    1. We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect, and we make no commitment to ensure that such material is correct or up to date.
    2. Where the information made available over this Website contains opinions or advice of third parties, we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice. We do not accept liability for loss or damage caused by your reliance upon any information obtained through this Website and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
    3. You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked Website.
    4. The material on this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this Website on the basis that we exclude all representations, warranties and conditions which but for these terms and conditions may have effect in relation to this Website.
  6. Disclaimer
    1. We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer:
      1. in connection with your use of this Website or any linked third party website; or
      2. arising out of your use of or reliance on information contained on or accessed through this Website or any linked third party website; and you release us from any claim relating to such liabilities.
    2. The disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
    3. If you are a member of Food SA, the services we provide will be covered by certain consumer guarantees under the Australian Consumer Law (“Implied Consumer Guarantees”).
    4. If the services provided under clause 5.2 fail to meet any Implied Consumer Guarantee, you will be entitled to such rights and remedies as are permitted or provided in the Australian Consumer Law. To the extent that such rights and remedies can be lawfully excluded, our liability for a breach on an Implied Consumer Guarantee will be limited to one or more of the following:
      1. the supplying of the services again;
      2. the payment of the cost of having the services supplied again.
  7. Your breach
    1. You indemnify us against all liabilities which we may incur in respect of your breach of these terms and conditions.
    2. Any breach or threatened breach of these terms and conditions entitles us to apply for and obtain injunctive relief in any court of competent jurisdiction in addition to all other available remedies.
  8. Security of information

    Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

  9. Termination of access

    Access to this Website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

  10. Governing Law

    These terms and conditions shall be governed by and construed in accordance with the laws in force in South Australia. Any dispute arising in connection with these terms and conditions are subject to the exclusive jurisdiction of the courts in South Australia.

  11. General
    1. We reserve the right to modify, add to or replace any of these terms or conditions from time to time. Please read them regularly to ensure you are aware of any changes.
    2. We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
    3. If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
    4. If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
    5. Any indemnity or release in these terms and conditions survives termination of access to or closure of the Website. Any other provision in these terms and conditions intended to do so, survives the termination of access to or closure of the Website.
  12. Contact Us

    Please do not hesitate to send us any queries, comments or requests for information you may have regarding these terms and conditions. Please go to: www.foodsa.com.au/contact/

    13. Refunds

    This information relates to online payments for ticket purchases relating to events run by Food South Australia including but not limited to:

    1. Factory Tours
    2. Networking events
    3. Workshops and training sessions
    4. SA Food Industry Awards Gala Dinner

    Food SA will provide a 75% refund if a cancellation is made more than 48 hours prior to the event. If, however, the cancellation is made with less than 48 hours’ notice, Food SA is not obliged to provide a refund however in extraordinary circumstances and at the discretion of Food South Australia Incorporated a refund may be granted. Please note that tickets bookings are transferable.

    Directory

    1. Member Profiles
      1. The Food SA Directory (“the Directory”) is a resource made available through the Website to our financial members to promote their business to buyers worldwide.
      2. You must be a financial member of Food SA (as defined in with the membership criteria) to set up a profile in the Directory.
      3. Student members of Food SA are not listed in the Directory.
      4. You may use your username and password to log in to the Directory and access your profile. You may determine the content of your profile, however some features will be mandatory such as your contact details, type of business, product information, packaging and market information.
      5. Your profile can be updated by you as often as required at no additional cost.
      6. Directory profiles are listed alphabetically with multiple search functions to sort members.
      7. We may edit your profile if required to ensure quality and consistency across the Directory and the Website.
      8. We may use the information you provide in the Directory to promote you as a member of Food SA.
    2. Images and Logos
      1. By setting up a profile in the Directory, you grant Food SA a non-exclusive licence to use all images and logos you upload to the Directory both as part of the Directory and for Food SA’s general marketing and promotional purposes.
      2. It is your responsibility to ensure that all necessary consents are obtained from a third party that may hold the intellectual property rights in any images or logos reproduced on the Directory.
      3. Logos must be a minimum of 500px wide at 72dpi for the website and a minimum of 21cm wide at 300dpi for print supplied as a tiff or jpg file.
      4. Images must be formatted as landscape and must be a minimum of 1000px wide at 72dpi for the website and a minimum of 21cm wide at 300dpi for print specified as a a standard image format ie tiff or jpg file.
      5. We may determine not to use images you provide that are deemed unsuitable in quality, size or style to ensure professionalism across the Directory and the Website.