1. General Website Terms
1.1. Food Incubator + Network Centre is an initiative under the auspice of Melbourne Innovation Centre (‘MIC’) and as such Terms & Conditions (the ‘Terms & Conditions’) for Melbourne Innovation Centre applies to this website, being https://www.foodincubator.com.au (the ‘Website’).
1.2. The Website operates under ABN 55 078 961 707. Access to and use of the Website, including any of its associated services, is provided by MIC. By using, browsing and/or reading the Website, you acknowledge that you have read, understood and agree to be bound by the Terms & Conditions. If you do not agree with the Terms & Conditions, you must cease usage of the Website immediately.
1.3. MIC reserves the right to review and change any of the Terms & Conditions by updating them on this page at its sole discretion. When MIC updates the Terms & Conditions, it will use reasonable endeavours to provide you with notice of these updates. Any changes to the Terms & Conditions will take immediate effect from the date of their publication.
2. Acceptance of the Terms & Conditions
2.1. You accept the Terms & Conditions by using, contributing to, or remaining on the Website. You may also accept the Terms & Conditions by clicking to accept or agree to the Terms & Conditions where this option is made available to you by MIC.
3. Copyright and Intellectual Property
3.1. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) are owned or controlled for these purposes and are reserved by MIC or its contributors.
3.2. All trademarks, service marks and trade names associated with FoodINC are owned, registered and/or licensed by MIC.
3.3. MIC retains all rights, title and interest in and to the FoodINC Website.
4. Privacy & Use of Content
4.1. Unless otherwise indicated in the relevant content, and subject to all other obligations under the Terms & Conditions, you are authorised to view, copy, print, and distribute (but not modify) the content on this Website, as long as that use is for informational, non-commercial purposes only, and all copyright and similar notices are retained.
5. General Disclaimer
5.1. Nothing in the Terms & Conditions limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
5.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms & Conditions are excluded; and
(b) MIC will not be liable for any special, indirect or consequential loss or damage, loss of data, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the use of the Website or these Terms & Conditions, whether at common law, under contract, tort, in equity, pursuant to statute or otherwise.
5.3. Use of the Website is at your own risk. Everything on the Website is provided to you “as is” and “as available” without warranty or condition of any kind. No agent of MIC makes any express or implied representation or warranty about the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus, loss of data, communication line failure, unlawful third party conduct, or the destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, including third party material and advertisements on the Website;
(c) costs incurred as a result of you using the Website.
6. Limitation of liability
6.1. MIC’s total liability from use of the Website or from the Terms & Conditions, however arising, including under contract, tort, in equity, under statute or otherwise, will not exceed the resupply of any services owed to you from the Website.
6.2. You expressly understand and agree that MIC and its agents shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of data, loss of profit (whether incurred directly or indirectly) or any loss of goodwill or business reputation.
7. Limiting liability for third party links
7.1. This Website may contain links to other websites owned and operated by third parties who are not related entities of MIC. These links are not under the control of MIC and MIC is not responsible for the content of any these links or any hyperlink contained in a website behind the links and makes no representation or warranty with respect to the content of any such third-party sites.
7.2. MIC provides these links to you as a convenience only and the inclusion of any link does not imply any endorsement of the website behind the link or the entity in ownership of the website behind the link by MIC. Your pursuit of any link is entirely at your own risk. MIC is not a party to any transaction between you and a website behind a link or entity in ownership of that website. Your use of a link and the website behind the link is subject to the terms and conditions of that site in addition to the Terms & Conditions. If there is any inconsistency the Terms & Conditions prevail.
8.1. You agree to indemnify MIC, its agents, affiliates, contributors, third party content providers and licensors from and against loss, action or liability from:
(a) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(b) any breach of the Terms & Conditions.
9. Governing Law
9.1. The Terms & Conditions are governed by the laws of Victoria, Australia. Both you and MIC submit to the non-exclusive jurisdiction of the courts in the State of Victoria.
10.1. If any part of these Terms & Conditions is found to be void or unenforceable in any jurisdiction, that part shall be severed and the rest of the Terms & Conditions shall remain in force.