JACK LINK’S AUSTRALIA LLC
Website Terms and Conditions of Use
http://www.jacklinks.com.au and it’s subdomains (“the Website”) is maintained and operated by Jack Link’s Australia LLC (ABN 21 103 798 125) (“we”, “us”, “our” or “Jack Link’s Australia”) and is a website which markets and promotes “Jack Link’s” beef jerky and other meat snacks (“Jack Link’s”), the trademarks of which are owned by Link Snacks, Inc. (a corporation organised and existing under the laws of State of Wisconsin, USA). All other product and/or brand or company names mentioned herein are the trademarks of their respective owners.
Please read this before accessing the Website. By accessing the Website, you agree to be bound by the Terms and Conditions below. If you do not wish to be bound by these Terms and Conditions, you should not access or use the Website.
2. Use of the Website
In using the Website, you may enjoy the following features:
(a) view Jack Link’s meat snack product range and find out where to buy our Jack Link’s products;
(b) enter Jack Link’s competitions or those of our partners;
(c) sign up to the Jack Link’s newsletter by joining the Jack Link’s Wild Side Snack Society;
(d) claim a free Jack Link’s product sample, if and when we offer you a free sample as part of a promotion;
(e) read a Jack Link’s blog or social media post; or
(f) contact us via our contact details on the Website.
In respect of your use of the Website:
(a) you may download, display or print the content of our Website solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the Website, in whole or in part and by any means, is strictly prohibited, except upon our prior written consent;
(b) any communication or material that you transmit to or post on this Website by electronic mail or otherwise, will be treated as non-confidential and non-proprietary information and you grant us a perpetual, irrevocable and royalty-free licence to use, reproduce, modify, edit, adapt publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology, now known or later developed for the full term of any rights that may exist in such content; and
(c) you access this Website at your own risk and you are responsible for compliance with the applicable laws of your jurisdiction and these Terms and Conditions.
3. Prohibited Uses
Without limiting any other obligations, you must not attempt to do, or permit another person to do, any of the below acts:
(a) use any of the content on the Website for any purpose not contemplated by these Terms and Conditions or in breach of any law or regulation;
(b) use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website;
(c) violate the security or any security measures of this Website or access any data on or from this Website which is not intended for you;
(d) tamper with, hinder the operation of, or make unauthorised modifications to the Website or knowingly transmit any virus, Trojan horse, worm or other disabling feature to, through or from the Website;
(e) use the Website to send spam, commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth) or make any comments which are inappropriate, offensive, obscene, threatening, indecent, inflammatory, pornographic, defamatory or confidential; or
(f) use the Website or any facilities available on the Website (whether directly or indirectly) to defame, harass, threaten, menace or offend any person or infringe a third party's rights (including intellectual property rights, moral rights, rights of privacy or their trade secrets).
4. Intellectual Property
Unless otherwise expressed in writing to you or permitted by law, you are not authorised or licensed to use any intellectual property on the Website in any way and we reserve our rights in relation to all intellectual property contained on the Website.
The content of the Website and namely, but not exclusively the texts, marks, logos, photographs, videos, sounds, music, layout, designs, know-how, technologies, products and processes are the property of Jack Link’s Australia or its affiliated companies, or are used with the authorisation of the owners (such as Link Snacks, Inc.), and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.
You agree to defend, indemnify and hold Jack Link’s Australia and its directors, employees, affiliates, agents, suppliers and related companies harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any violation of this Agreement by you or users of your account, or in connection with the use of the Website or the internet or the placement or transmission of any message, information, software or other materials on the Website or on the Internet by you or users of your account.
7. Excluded Warranties
Jack Link’s Australia takes no responsibility for the accuracy or validity of any claims or statements contained in the information and related graphics on the Website. All such information and related graphics are provided without warranty of any kind.
Jack Link’s Australia does not warrant or guarantee that access to the Website will be continuous, secure, uninterrupted or error free or that the Website will be free from viruses or other contamination or other factors beyond our control. Jack Link’s Australia neither warrants nor represents that your use of any content displayed on its Website will not infringe rights of third parties.
To the fullest extent permitted by law, Jack Link’s Australia excludes all implied warranties, conditions and other terms, whether implied or by statute or otherwise. Nothing in this Agreement excludes, restricts or modifies any rights that you have under existing laws or regulations and codes, including the Competition and Consumer Act 2010 (Cth) and fair trading laws. Our Jack Link’s products come with statutory guarantees under consumer protection laws that cannot be excluded.
8. Limitation of Liability
To the fullest extent permitted by applicable laws, we, on behalf of our directors, officers, employees, agents, suppliers, licensors and service providers, exclude liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, general, special, punitive, incidental or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Website.
Jack Link’s Australia has no obligation to monitor the Website. However, you agree that Jack Link’s Australia has the right to monitor the Website electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Website properly, or to protect itself or its users. Jack Link’s Australia will not intentionally monitor or disclose any private electronic-mail message unless required by law.
Jack Link’s Australia reserves the right to remove or refuse to post, any information, feedback or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
If you are dissatisfied with the Website or with any terms, conditions, rules, policies, guidelines or practices of Jack Link’s Australia or our sub-contractors in operating the Website, your sole and exclusive remedy is to discontinue using the Website.
11. Suspension or Termination
Without limiting any other remedies available to Jack Link’s Australia at law, in equity or under these Terms and Conditions, Jack Link’s Australia may, in its sole discretion, suspend or terminate your access, if Jack Link’s Australia suspect that you have engaged in improper or illegal activity in connection with the Website and the Jack Link’s products or services provided.
We reserve the right to permanently ban, and/or notify the appropriate authorities of, any person that uses, or attempts to use, our Website for illegal or improper purposes, or who posts or publishes, or attempts to post or publish, abusive, obscene, vulgar, offensive, defamatory, hateful, threatening or sexually-oriented material.
We may terminate this Agreement and your access to this Website at any time without notice and for any reason and all restrictions, licences granted by you and all of our disclaimers and limitations of our liability and duties of privacy will survive termination, although you will no longer be authorised to access this Website.
12. Links to Third Party Sites
This Website may provide links to other websites operated by third parties. As we have no control over third party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. Jack Link’s Australia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Conditions do not apply to your use of third- party websites and your use of such websites is subject to the terms and policies of the owner of such websites.
Jack Link’s Australia may transfer any or all of our rights and/or obligations under this Agreement to any person, firm or company provided such transfer does not detrimentally affect your rights under this Agreement. Any interest you have under this Agreement may not be assigned, purported to be assigned or transferred by you without our prior written consent, which may be withheld at our absolute discretion.
Nothing in the Terms and Conditions is intended to, or shall be deemed to, constitute an agency, partnership or joint venture of any kind between any of the parties.
15. Entire Agreement
These Terms and Conditions, including any and all documents referenced herein, constitute the entire agreement between Jack Link’s Australia and you, pertaining to the subject matter hereof.
16. Governing Law and Jurisdiction
These Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, Australia. The parties irrevocably agree that the New South Wales courts have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Terms and Conditions and any documents referred to in them. If you access the Website from outside Australia, you agree to be bound by the laws of New South Wales, Australia. For the avoidance of doubt, the United Nations Convention on Contracts for the International Sale of Goods or any other similar or replacement Convention, does not apply to these Terms and Conditions.
Jack Link’s Australia may amend or vary these Terms and Conditions from time to time for any reason, without notice, with no liability to you any other User or any third party, by posting the amended terms on the Website. You agree that we may properly and effectively serve you with notice in this way. All future agreements will be bound by the terms in force at that point in time and therefore you are advised to review these Terms and Conditions on a regular basis.
If you have any questions about this Website or these Terms of Conditions, please email us at firstname.lastname@example.org or contact us using the following information:
Jack Link’s Australia LLC
9/36 Holbeche Road, Arndell Park, NSW, 2148 Australia
Phone: +61 2 9621 2383