Terms and Conditions

Welcome to our Site. These are our Terms & Conditions for use of the Site, which you may access in several ways, including but not limited to the web, PDAs, mobile phones and RSS feeds. These Terms & Conditions apply whenever you access the Site, regardless of how you access the Site.

USE OF THIS SITE

1. Iconic Food Distribution Pty Ltd (Operator)is the owner and operator of the website located at sirena.com.au (Site).
2. The use of the Site (including but not limited to accessing, browsing any content on this Site) is governed by these Terms & Conditions and any persons, using any device who access the Site (Users) accept and agree to be bound by these Terms & Conditions.
3. These Terms & Conditions are subject to change at the Operator’s sole discretion. The User agrees that the use of and access to this Site indicates the User’s acceptance of these Terms & Conditions, as they exist on each occasion that this Site is accessed by the User and updated copies of the Terms & Conditions can be found at sirena.com.au/terms-and-conditions.
4. If you do not accept these Terms & Conditions, you must refrain from using the Site.
5. The Operator is not required to pay any money or incur any cost in order to rely on any indemnity contained in these Terms & Conditions.
6. Any personal information, as defined in the Privacy Act 1988, that is provided to or retrieved by the Operator from this Site will be collected and stored in accordance with the Operator’s Privacy Policy  available at sirena.com.au/privacy-policy
1. The User uses the Site at the User’s own risk and the Operator will not be held liable for any loss or damage arising from, but not limited to:
2. any adverse computer programs (spyware, malware, viruses and the like) which may affect the User’s computer equipment or other property (including that of third parties) as a result of the User’s use of the Site:
3. any period during which this Site is unable to be accessed by a User and the Operator does not guarantee that this Site will be available for access by the User at any time:
4. the unavailability of any products or items which are referred to or pictured on this Site and the Operator does not guarantee that the products or services will be available at all times; and
5. the use by the User of any links to third party websites which are not in the effective control of the Operator.
7. In no circumstances will the Operator be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise including our negligence.
8. Whilst the Site makes reference to the Operator’s products and services, the Operator does not guarantee that the products or services which are referred to on this Site are available at any time. The Operator will use its best endeavours, but does not guarantee, to provide notice via this Site if a product or service becomes unavailable.
9. This Site provides links to other websites which are owned and operated by third parties other than the Operator. The User uses and accesses any third-party link on this Site at the User’s own risk and the Operator will not be liable for any loss or damage, arising from the content or misinformation contained in a website owned and operated by a third party.
10. It is the responsibility the User to make the User’s own decision about the accuracy, currency, reliability and correctness of information found on this Site or any third-party website.
11. The Operator does not endorse any company or organisation linked to or from this Site.
12. Other than as expressly set out in these Terms & Conditions, the Operator makes no warranties or representations as to the quality, accuracy or completeness of the content on this Site.
13. The User fully indemnifies and holds the Operator harmless against any expenses, costs, loss (including consequential loss) or damage that the Operator may suffer or incur as a result of or in connection with the User’s use, access to or conduct in connection with this Site including any breach by the User of these Terms & Conditions.

COPYRIGHT AND INTELLECTUAL PROPERTY

14. Copyright in this Site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by the Operator. Without the express permission of the Operator, other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth), and except as expressly authorised by these Terms & Conditions, the User may not in any form or by any means:
    1. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Site; or
    2. commercialise any information, products or services obtained from any part of the Site; or
    3. download or reproduce any data or images from the Site for any commercial purpose.
15. Intellectual property displayed on the Site (including copyright material and registered or unregistered trademarks) may be owned, registered or licensed to third parties. The User must not infringe the intellectual property rights of any third party through the User’s use of this Site.
16. The User agrees to indemnify the Operator for any claims made against the Operator by a third party for infringement of their intellectual property which result from the User’s use of the Site.

SECURITY OF INFORMATION

17. The Operator will use its best endeavours, but does not warrant, to keep secure any information received from a User and any information provided to the Operator is provided at the User’s own risk.
18. The User acknowledges and accepts that the Operator may use third party software and platforms to store, manage, collate or otherwise make use of information (including personal information as defined in the Act) provided by the User and the Operator will not be liable for any loss or damage suffered by the User arising from, but not limited to:
    1. any illegal, fraudulent or other unauthorised access or use of any information provided by the User from any software or platform owned and operated by a third party;
    2. any dissemination (whether lawful or unlawful) by the third party of the information provided by the User; or
    3. any negligence of the third party in the use, storage, management or collation of the information provided by the User, by the third party.

TERMINATION OF ACCESS

19. Access to this Site may be terminated at any time by the Operator without notice and these Terms & Conditions will survive any such termination of access.

ENTIRE AGREEMENT

20. These Terms & Conditions comprise the entire agreement between the Operator and User concerning the access to and use of the Site.

GENERAL

21. Use of this site will be governed by and construed pursuant to the laws of Victoria and of the Commonwealth of Australia and the User agrees to submit to the non-exclusive jurisdiction of the courts of Victoria and of all courts competent to hear appeals from those courts.
22. Any delay or failure by the Operator at any time to enforce any of the provisions of these Terms & Conditions or any of the Operator’s rights will not be a waiver of such provisions or rights and nor will it affect the validity of these Terms & Conditions.
23. If any clause or part of a clause of these Terms & Conditions is determined to be invalid, illegal, unlawful or otherwise incapable of enforcement, then that clause or that part of a clause will be deemed to be severed from these Terms & Conditions and of no force and effect but all other clauses and parts of a clause of these terms will remain in full force and effect and be valid and fully enforceable.