Terms and Conditions

In order to use the Storefront portal, you must apply to register an account and agree to these terms. Registration is free but non-transferable.

Before you register, please be aware that:

By accessing a User Account, you (Youor Your) agree to be bound by these Terms.

1.OVERVIEW

1A User Account is created when a Subscriber (usually a company or business owner/Employee) signs up to receive nominated Service or Services.
2A Access to a User Account is subject to these Terms.
USER ACCOUNT
1To enable You to use and access Your User Account, we will provide You with personalised Security Details.
2You are responsible for the use, supervision, management and control of those Security Details at all times. You must keep Your User Account and Security Details confidential, and are responsible for all activities that occur under Your User Account. For the avoidance of doubt, You will be responsible for any (authorised or unauthorised) use of or access to Your User Account by any person using your Security Details.
3You must immediately notify the Subscriber if You become aware of any actual or potential unauthorised access to Your User Account or any accidental or deliberate disclosure or use of the Security Details to any other person.
4You must arrange for Your own internet access and any other equipment or services that You require to access Your User Account.
5You must immediately notify the Subscriber if You are unable to access Your User Account (i.e. if the Security Details are not working).
6We may provide you with reasonable directions from time to time in connection with Your use of Your User Account and access to our Services. You agree to comply with any reasonable directions that we provide to You.
INTELLECTUAL PROPERTY
1You acknowledge and agree that we retain all right, title and interest in and to all Richmond Oysters Intellectual Property and that You have no right, title or interest in or to such Intellectual Property Rights.
2We grant You a revocable, non-transferable, non-sub licensable licence to use the Richmond Oysters Intellectual Property for the sole purpose of using Your User Account and accessing our Services pursuant to these Terms.
3Despite anything else in these Terms, the Richmond Oysters Intellectual Property remains our property in all respects regardless of any modification, variation, enhancement or update by us, You or any third party. In addition, we have all right, title and interest in and to any Intellectual Property Rights created in connection with the Services provided by us which You access.
4You must immediately notify us in writing if You become aware of any actual or potential unauthorised use of the Richmond Oysters Intellectual Property.
YOUR WARRANTIES
1You represent and warrant that:
(a)You will comply with all Laws (including Privacy Laws and Spam Laws) when using Your Account and accessing our Services;
(b)You have the capacity to accept and be bound by these Terms;
(c)You will comply with all reasonable directions we provide to You in respect of Your User Account and Your access to the Services;
(d)in respect of any Personal Information that You provide:
(i)either You or the Subscriber have obtained all consents from the relevant individuals necessary to enable You or the Subscriber to collect such Personal Information and use such information for the purposes of us providing the Services;
(ii)either You or the Subscriber have disclosed to those individuals all information required to be disclosed under the Privacy Laws which is consistent with the uses of the Personal Information in connection with our Services; and
(iii)You have read and understood the Richmond Oysters Privacy Policy, which sets out how we use any Personal Information disclosed (including any Personal Information contained in Your User Account about You or any Members) during the course of our provision of the Services;
(e)in respect of all Data:
(i)either You or the Subscriber owns all right, title and interest in and to all Intellectual Property Rights in the Data, subject to clause 4.1(e)(ii);
(ii)to the extent Data contains material owned by a third party, You have obtained all necessary licences for its use in the Data by us and our sub-licensees; and
(iii)the use of the Data by us or our sub-licensees will not infringe any Intellectual Property Rights or any Laws;
(f)You will not:
(i)copy, reproduce, modify, alter, reverse assemble or reverse compile the Richmond Oysters Intellectual Property, or otherwise use the Richmond Oysters Intellectual Property other than to access Your Account and the Services strictly in accordance with these Terms; or
(ii)do anything which is of an offensive, illegal, fraudulent or defamatory nature which may bring disrepute or harm to us or our Personnel;
(g)You will not:
(i)transmit computer worms, viruses or any other malicious material or content;
(ii)create or send any electronic messages to third parties fraudulently claiming to be or representing any business, person or entity;
(iii)create or send any electronic message which contains any obscene, sexually explicit, racist, abusive or defamatory material or any material which breach any Law; or
(iv)upload any information into Your Account or otherwise that You or the Subscriber do not have a right to make available under any Law or under contractual or fiduciary relationships (such as Personal Information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(h)You will only provide true, accurate, current and complete information about Yourself as part of Your access to the Services and/or Your User Account;
(i)You will promptly update the information contained in Your User Account to keep it true, accurate, current and complete; and
(j)You will not use or create a false identity, impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity.
RELEASE AND INDEMNITY
1To the extent the law permits, You release us from all Claims (whether foreseeable or not) arising from:
(a)a breach by You of any warranty under these Terms;
(b)any breach of these Terms by You; or
(c)any negligence, default or lack of care on Your part.
2You must indemnify and hold us and our Personnel harmless against any Loss we suffer or incur in connection with a breach of these Terms by You except to the extent that the Loss is attributable to the negligence or wrongful act or omission of us. This indemnity is a continuing obligation and survives the termination or expiration of these Terms.
OUR LIABILITY TO YOU
1You acknowledge and understand that our ability to create and maintain Your User Account, provide You with access to the Services we provide to the Subscriber, and otherwise fulfil our obligations under these Terms may be reliant on services provided by third parties, which may not always be available, accessible or functioning for reasons beyond our reasonable control.
2Subject to clause 6.3:
(a)we provide our Services to the Subscriber (under a separate agreement), not to You, and we do not owe any liability to You in respect of the provision of the Services;
(b)all conditions, warranties and implied terms, whether statutory or otherwise, are excluded in relation to the Services and Your access to them;
(c)if our Services are defective, our only liability will be to re-perform the Services or pay reasonable costs of having the Services re-performed (at our election); and
(d)we exclude any liability for legal costs and disbursements and, without limitation, any indirect or consequential expense, loss or damage, loss or damage to reputation, loss of goodwill, loss of profits, revenue, use, expectation or opportunity, wasted expenditure, lost production or similar losses that You suffer under or in connection with these Terms.
3The Australian Consumer Law provides Consumers with a number of protections and Consumer Guarantees that cannot be excluded or limited. These Terms, and in particular the limitations of liability set out in these Terms, are therefore subject to, and will not apply to the extent that they limit or exclude, such protections and Consumer Guarantees applicable to Consumers. However where the Australian Consumer Law permits us to limit the remedies available in respect of a breach of a Consumer Guarantee, we hereby limit those remedies, at our option, to supplying the Services again or paying the cost of having the Services supplied again.
CANCELLATION AND SUSPENSION
1Your access to the Services:
(a)will automatically cease if the Subscriber Account is suspended or terminated for any reason.
2The Subscriber may delete Your User Account and terminate Your access to the Services at any time in its absolute discretion.
3We may delete Your User Account and terminate Your access to the Services at any time if we form a reasonable belief that:
(a)You are in breach of these Terms;
(b)You have threatened to breach any part of these Terms;
(c)Your Security Details have been compromised including where You notify us of any unauthorised use or access to Your Security Details by any person;
(d)it is necessary in order to preserve the integrity and security of the Services or the Data;
(e)a change in the Law will result in the provision of or access to our Services in accordance with these Terms being unlawful; or
(f)You otherwise do anything which in our reasonable opinion may compromise the integrity, operation, security, or viability of our Services, the Website or Your Account.
4In addition to our rights under clause 7.37.3, we may immediately suspend Your User Account if we deem it necessary or prudent to do so due to circumstances beyond our reasonable control, including disruption to network connections or equipment, loss of third party services which we require in order to provide access to the Services, strikes, lock-outs, labour disputes, acts of God, acts of nature, acts of government or their agencies, fire, flood, storm, riots, power shortages or power failure, war, terrorist acts, sabotage, or inability to obtain sufficient labour, raw materials, fuel or utilities.
5Subject to any liability which we cannot lawfully exclude or limit, You acknowledge and agree that we will not be liable for any Loss that you may suffer or incur in connection with the suspension of Your Account in the circumstances described in clause 7.4.
VARIATION OF THESE TERMS
1From time to time, we may be required to vary these Terms, including the Services that we offer.
2If we vary these Terms:
(a)we will post an updated version of the Terms on the Website; and
(b)You will be notified of the updated Terms and asked to agree to them the next time You log in to Your User Account.
3You will be deemed to have accepted the amended Terms if You continue to access and use Your User Account and/or our Services following notification of a variation to the Terms pursuant to this clause. You may also be prompted to accept the amended Terms, in which case you will be unable to access Your User Account until you do so.
DATA
1You agree to grant us an irrevocable, transferable, non-exclusive, perpetual, worldwide, sub-licensable and royalty free licence to use the Data for the purposes of these Terms, including without limitation:
(a)to maintain Your User Account;
(b)to provide You with access to the Services; and
(c)for the purposes listed in clause 9.2;
(d)for any other purpose for which You have provided the Data or for which You consent from time to time.
2We may:
(a)use the Data for sending communications on behalf of You or the Subscriber as part of the Services;
(b)use the Data to create a personalised experience for persons who are contacted through or who interact with the Services;
(c)aggregate the Data in order to improve performance and the nature of the Services;
(d)use the Data to produce generic depersonalised profiles (such as the preferences of customers) to enhance the provision of the Services;
(e)collect, use and disclose Personal Information contained in the Data in accordance with the Richmond Oysters Privacy Policy; and

3You must comply with the Privacy Laws and Spam Laws in connection with Your use of Your User Account and/or access to the Services pursuant to these Terms, including without limitation by:
(a)ensuring that each Member whose Personal Information is included in the Data has been notified or made aware of all matters required under the Privacy Laws (including under Australian Privacy Principle 5);
(b)ensuring that the disclosure and use of Personal Information as contemplated in these Terms are consistent with any disclosures to Members in compliance with clause 9.3(a) and the Subscriber’s privacy policy;
(c)ensuring that each Member whose Personal Information is included in the Data has consented to receiving commercial electronic messages for the purposes of the Spam Laws; and
(d)notifying us immediately if a Member requests their Personal Information be amended, deleted or removed from a mailing list, or otherwise requests not to receive any further unsolicited commercial messages.
GENERAL
1These Terms will be construed in accordance with the laws in force in Victoria and the parties submit to the jurisdiction of the Courts of Victoria.
2If any provision in these Terms is invalid or unenforceable, these Terms will remain otherwise in full force apart from such provision, which will be deemed deleted.
3The failure of a party to these Terms to enforce a provision or the granting of any time or indulgence will not be construed as a waiver of the provision nor of a waiver of the right of the party at a later time to enforce the provision.
INTERPRETATION
In these Terms:
(a)words in the singular include the plural and vice versa;
(b)where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;
(c)a reference to a person is to be construed as a reference to an individual, body corporate, unincorporated association, partnership, joint venture or government body;
(d)any reference to a party includes that trustees, administrators, successors in title and assigns;
(e)references to any document (including this document) include references to the document as amended, consolidated, supplemented, novated or replaced and includes all Schedules and annexures; and
(f)all references to currency are to Australian Dollars.
DICTIONARY
In these Terms, the following terms are defined as set out below:
Australian Consumer Lawmeans Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Claimmeans a claim, demand, remedy, suit, injury, damage, loss, cost, expense, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, however arising and whether ascertained or unascertained, or immediate, future or contingent.
Consumerhas the meaning given to it in the Australian Consumer Law.
Consumer Guaranteemeans any statutory guarantee provided to Consumers under Division 1 of Part 3-2 of the Australian Consumer Law.
Contacta Intellectual Propertymeans any Intellectual Property Rights owned or used by us under licence including without limitation all Intellectual Property Rights in the Website, any Updates and any Intellectual Property Rights in existence or created in connection with our provision of the Services to the Subscriber and/or Your access to the Services.
Richmond Oysters Privacy Policymeans our privacy policy, a copy of which is available at richmondoysters.com.au
Datameans all that information You or other persons using the Subscriber Account provide to us in connection with the Services, including any Personal Information about You, the Subscriber, its Members, and any text, images, animations, sound and/or video recordings, works and other content included or proposed for inclusion in any communications arising from the Services.
Intellectual Property Rightsmeans any and all intellectual and industrial property rights anywhere in the world (including present and future intellectual property rights) including (but not limited to) rights in respect of or in connection with:
(a)any related confidential information, trade secrets, know-how or any right to have information kept confidential;
(b)copyright (including future copyright and rights in the nature of or analogous to copyright);
(c)trade marks, service marks and other related marks; and
(d)all associated goodwill,
whether or not existing at the date You agree to these terms and whether or not registered or registrable and includes any and all variations, modifications or enhancements to each of them together with any application or right to apply for registration of those rights and includes all renewals and extensions.
Lossmeans all actions, claims, costs (including legal costs on an indemnity basis), damages, expenses, interest, liabilities and losses (including indirect and consequential losses).
Membermeans a person whose Personal Information is included in a database in connection with our Services, which may include the Subscriber’s customers, potential customers, employees and contractors.
Personal Informationhas the meaning given to that term under the Privacy Act 1988 (Cth).
Personnelmeans an entity’s officers, office-holders, committee, members, employees, contractors and subcontractors.
Privacy Lawsmeans all applicable privacy laws including the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
Servicesmeans any services that we provide to the Subscriber from time to time in connection with its Subscriber Account.
Security Detailsmeans a log-in identification and password to enable access to the Subscriber Account.
Spam Lawsmeans all applicable laws relating to the sending of electronic communications, including the Spam Act 2003 (Cth)
Subscribermeans an entity who signs up to receive nominated Service or Services from us.
Subscriber Accountmeans an account created to provide a Subscriber access to the Services.
Usermeans a person who uses a User Account.

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