1.1 These Terms and Conditions are in effect at all times while you are using the Website. By using the Website, you agree to the Terms and Conditions. Please read them carefully.
1.2 We reserve the right to change these Terms and Conditions at any time.
2.1 Parts of the Website may only be accessed by members of Food South Australia.
2.3 You must ensure that all information you provide in resepect of your application for Food South Australia membership is accurate and up to date. You must promptly notify us of any changes to this information following your registration as a member of Food South Australia.
2.4 Once you are registered as a member of Food South Australia, we will provide you, via the email address provided on your application for membership, with a username and password required for accessing member only parts of the Website. You must treat this username and password as confidential and not disclose it to any other person.
2.5 By applying for membership of Food South Australia, you agree to pay the membership fee for the category of membership applied for in the manner specified on the payment page of the Website.
2.6 We reserve the right to terminate your membership of Food South Australia if you breach these Terms and Conditions or if your membership fees are not paid within three months of becoming due.
3.1 While we take all reasonable care in the construction, operation and content of the Website, we make no guarantee or warranty that:
3.1.1 the use of the Website will be uninterrupted or virus and error free;
3.1.2 any information contained in the Website is complete, accurate or up to date.
3.2 Where the Website contains information, opinions or advice of or given by third parties, we do not endorse such information, opinions or advice or give any guarantee or warranty as to the accuracy or reliability of such information, opinions or advice.
3.3 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. We are not responsible for any interference or damage to your computer system which arises in connection with your use of the Website or any other website linked to the Website.
3.5 Access to the Website may be terminated at any time by us without notice.
4.1 You must not post or send to or from the Website any information or other material:
4.1.1 that is inaccurate or misleading or deceptive in any material respect;
4.1.2 that contains images of another person without that person's permission (or in the case of a minor, the minor's parent or legal guardian);
4.1.3 for which a third party holds the Intellectual Property Rights where you have not obtained all necessary consents to copy, disclose, distribute, incorporate or otherwise use the material for any purpose;
4.1.4 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;
4.1.5 that is harmful in nature including computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data; or
4.1.6 that may be used in connection with spamming, spimming, phishing, trolling or similar activities.
4.2 You must not through the Website or in any other manners, harass, annoy, intimidate or threaten us or our employees or agents or any Other Users.
4.3 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 contravening this clause.
5.1 Any links to third party websites located on the Website as part of the Directory 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 the Website, you do so at your own risk.
5.2 If you would like to link to the Website, you may do so provided that:
5.2.1 you link to, but do not replicate, any page on the Website;
5.2.2 the link must "point" to the URL www.foodsouthaustralia.com.au and not to pages on the Website;
5.2.3 the link does not operate in a way which might damage or diminish the value of the Food South Australia name, reputation or trademarks;
5.2.4 the link displays "full screens" of the Website and not "frames" of the Website.
6.1 Your attendance at an Event or Program is not secured until payment has been made. Payment must be made in full 14 days prior to all Events or Programs, or 60 days prior to all Trade shows. Failure to pay in full prior to any Event, Program or Trade show will result in your booking being terminated.
6.2 Events & Program refunds: Refunds will only be provided for bookings 14 days or more prior to the Event or Program, which includes Networking Events, Factory Tours, Workshops and Training Sessions, Special Programs, the South Australian Premier's Food and Beverage Industry Awards Program Gala Dinner and any other Event or Program, but excluding Trade shows. Trade show refunds: Refunds will only be provided for Trade show bookings 60 days or more prior to the event. Refunds after these times are at the discretion of Food South Australia.
6.3 Bookings for Food South Australia Events are not transferable.
6.4 Payment for costs for any Event or Program $1000 and under is by credit card only. Payments over $1001 may be made by credit card or invoice as requested through Food South Australia booking system. Once issued, invoices must be paid in full 14 days prior to all Events or Programs, or 60 days prior to all Trade shows
6.5 Tax receipts are available on request by emailing accounts.
7.1 The Food South Australia Directory is a resource made available through the Website for Food South Australia members to promote their business to buyers worldwide.
7.2 You must be a financial member of Food South Australia (as defined in our membership criteria) to have a profile in the Directory.
7.3 You can request updates to your profile as often as required at no additional cost.
7.4 Directory profiles are listed alphabetically and searchable through a range of advanced search criteria.
7.5 Food South Australia reserves the right to edit content. We may do so for reasons of length, clarity and/or to improve search result rankings. We may also edit your profile if required to ensure quality and consistency across the Directory and the Website.
7.6 We may use the information you provide in the Directory to promote you as a member of Food South Australia.
7.7 Logos to be included in your profile must be a minimum of 500px wide at 72dpi and a minimum of 21cm wide at 300dpi for print supplied as a tiff or jpg file.
7.8 Images to be included in your profile must be formatted as landscape and must be a minimum of 1000px wide at 72dpi and a minimum of 21cm wide at 300dpi for print specified as a standard image format i.e tiff or jpg file. We may reject these images if we consider them unsuitable in quality, size or style or to ensure professional quality and consistency across the Directory and the Website generally.
A person who enters a Competition will be bound by these terms and conditions as varied from time to time as well as the Specific Terms and Conditions for that Competition. Please read these terms and conditions as well as the Specific Terms and Conditions for that Competition carefully.
To the extent of any inconsistency, the Specific Terms and Conditions for a Competition will prevail over these terms and conditions.
Food South Australia reserves the right to vary these terms and conditions at any time and without notice. Please check these terms and conditions on the Competition Page at regular intervals for any changes.
Competitions are open to all residents of South Australia except officers, employees and contractors of Food South Australia and its related bodies corporate and members of the immediate families of such persons.
Entries for a Competition must be submitted in accordance with the Specific Terms and Conditions during the Competition Period.
Any entry for a Competition which Food South Australia determines is incomplete, illegible or incomprehensible, or fails to meet the requirements for that entry under these terms and conditions or the Specific Terms and Conditions for the Competition, will be rejected. Although Food South Australia will endeavour to notify any Entrant whose entry is rejected, Food South Australia will not be responsible for failing to provide such notice.
Entries must not contain any information, images or other material:
Entries must not contain any images of another person without that person's permission (or in the case of a minor, the minor's parent of legal guardian).
Food South Australia will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person contravening the above requirements.
Food South Australia may require an Entrant to provide proof of the Entrant's identity, age residency or other qualifications for entry into a Competition to Food South Australia's satisfaction.
The description of the Prizes and number of Prizes (prize pool) to be awarded for a Competition is as set out in the Specific Terms and Conditions for the Competition.
Prizes are subject to availability. Food South Australia makes no guarantee that a Prize for a Competition will correspond with its description in the Specific Terms and Conditions for the Competition and reserves the right to substitute a Prize for an item of equal or higher value or for cash.
Food South Australia makes no warranty or representation in connection with any Prizes as to the value, quality, suitability for any purpose, dimensions or other property or attribute of the Prize.
Prizes will be awarded or delivered to winners, or made available for collection by Winners, as set out in the Specific Terms and Conditions for the Competition.
Where the Prize is a ticket or voucher, the ticket or voucher will be valid for the date period indicated on the ticket or voucher and will be subject to the terms and conditions determined by the vendor of the ticket or voucher.
All valid entries for a Competition will judged and the winners determined in accordance with the Specific Terms and Conditions for the Competition. Food South Australia's determination of the winners will be final and binding on all Entrants.
The winning Entrants will be notified of their win by email, post or telephone using contact details submitted with their entries.
Food South Australia may also publish the winning Entrants' details in any Food South Australia newsletter, on the Food South Australia Website, by email or other social media.
Where the winner of a Competition is under the age of 18 years, Food South Australia may award the Prize to the winner's parent or guardian or may require the winner to be accompanied by the winner's parent or guardian when the Prize is awarded.
Prizes are not transferrable and cannot be exchanged or redeemed for cash.
Where the Competition is promoted on Facebook, or any information, images or other content in respect of the Competition is posted on Facebook, such information, images and content is collected by Food South Australia and not by Facebook. In addition, the Entrants:
All Entrants must at their own cost comply with all reasonable requests by Food South Australia for the participation of Entrants in promotional activities in respect of the Competition. All Entrants consent to:
Food South Australia may terminate the participation of an Entrant in a Competition, refuse to award a Prize to an Entrant or recover a Prize awarded to an Entrant without notice for any reason including, without limitation, if that Entrant:
An Entrant may terminate their participation in the Competition at any time by emailing notice to Food South Australia at firstname.lastname@example.org.
Food South Australia will not be liable for any loss or other consequences arising out of termination of an Entrant's participation in a Competition whatsoever.
Food South Australia may suspend or terminate a Competition at any time at its discretion without prior notice, and will not be liable for any loss or other consequences arising out of such suspension or termination whatsoever.
While Food South Australia takes all reasonable care in the construction, operation and content of the Food South Australia Website, it makes no guarantee or warranty that:
Entrants must take their own precautions to ensure that the process which they employ for accessing the Food South Australia Website in making an entry in a Competition does not expose them to the risk of viruses, malicious computer code or other forms of interference which may damage their computer system. Food South Australia is not responsible for any interference or damage to computer systems which may arise in connection with accessing the Food South Australia Website or any other website linked to the Food South Australia Website.
Access to the Food South Website may be terminated at any time without notice.
By entering a Competition, an Entrant grants to Food South Australia and to any member or sponsor of Food South Australia sponsoring the Competition or providing the Prize, an irrevocable, perpetual non-exclusive royalty free license to download, print, display, perform, reverse engineer, modify, adapt copy, reproduce, transmit, disseminate and publish any images or material contained in or submitted with an Entrant's entry and to create derivative works from any part of such image or material for any purpose and to grant sublicenses of the same.
Food South Australia makes no express or implied warranty or representation in connection with any Competition other than those set out in these terms and conditions or the Specific Terms and Conditions for the Competition.
Liability for tax on Prizes received may vary in accordance with individual circumstances. Entrants should seek their own independent tax advice in respect of any Prizes received.
Any tax, liability or duty arising from Prizes received by an Entrant is the responsibility of the Entrant.
To the fullest extent permitted by law:
No granting of time indulgence or failure to enforce a provision of these terms and conditions shall constitute a waiver by Food South Australia of the same.
Each Entrant releases and indemnifies Food South Australia from and against any liability arising from:
By entering the Competition, an Entrant irrevocably consents to Food South Australia disclosing the Entrant’s personal information to any member or sponsor of Food South Australia sponsoring the Competition or providing the Prize.
These terms and conditions will be construed according to and governed by the law of South Australia, Australia. The parties submit to the exclusive jurisdiction of the courts in and of South Australia in relation to any dispute arising under these terms and conditions.
In these terms and conditions unless the context otherwise requires:
In these terms and conditions, and in the Specific Terms and Conditions for a Competition, unless the context otherwise requires:
9.2 Award applications
9.3 Applicants must meet the entry criteria for the award category entered:
Entry in business award categories in the South Australian Premier’s Food and Beverage Industry Awards is open to any business which is a food or beverage producer, manufacturer or franchisor, or business providing goods or services to the food and beverage industry, provided that:
Restaurants, cafés, food service and wine businesses are not eligible for these awards.
Full eligibility criteria for each award are available by clicking on the link to each award.
Entry in the individual award categories is open to individuals living in South Australia and currently working in the South Australian food and beverage sector.
Full eligibility criteria for each award are available by clicking on the link to each award.
Entry in the industry awards categories is conferred by a panel of industry experts. Individuals/businesses cannot directly apply for these awards.
Entry in the Consumer Award is open to South Australian food and beverage manufacturers and producers.Entry in this award is through initial nomination by consumers, or you can nominate your own business. The 20 businesses receiving the most nominations are then eligible for the award, with the winner being the business receiving the most votes from consumers. Consumers do not have to be residents of South Australia to nominate their favourite South Australian food or beverage business for the Consumer Award.
Restaurants, cafés, food service and wine businesses are not eligible for this award.
Food South Australia’s guidelines apply to our Facebook, Twitter and Instagram pages for our brands Food South Australia, Eat Local SA, and the South Australian Food Industry Awards Program.
Like you we love South Australian food, so we encourage your supportive enthusiasm, great conversation, and sharing of fun links, photos, videos and comments.
We do however expect all users not to use our social media platforms to post or disseminate information or material:
We do not endorse any opinions expressed by users, nor can we ensure the accuracy of any statement or product claims.
Except where otherwise required by law (including the Australian Consumer Law):
11.1 all guarantees, conditions, warranties or other terms which may be implied by law or otherwise in connection with the use of the Website are excluded;
11.2 we do not accept responsibility for any Liabilities which you may incur in connection with your use of the Website or any linked website and you release us from any Claim relating to such Liabilities;
11.3 in no circumstances will we be responsible for any loss of profits or interruption to business or other indirect economic or other consequential loss suffered by you or any third party in connection with the use of the Website;
11.4 you indemnify us against all Liabilities which we may incur and release us from any Claim relating to your use of the Website.
12.1 We are committed to protecting your privacy. We collect personal information to provide and market our services, to market our members’ products and services, and to communicate with our members and contacts. We may disclose that information to our contractors who assist us with these activities. We may disclose personal information to overseas recipients where required as part of providing our services in respect of a particular matter, where required or authorised by law or where consent to such disclosure is given by the relevant individual.
13.1 Except as expressly provided in this clause, you acquire no Intellectual Property Rights in using the Website.
13.2 We grant you a non exclusive non transferrable royalty free licence to print, download, copy and reproduce material from the Website for your own use, provided that you do not modify such material without our consent.
13.3 The licence in clause 11.2 terminates automatically and without the requirement for notice in the event you breach any of your obligations under these Terms and Conditions.
13.4 Copyright and other Intellectual Property Rights in all material on the Website and underlying software codes and programs are held by us or licensed by us. Subject to the limited licence in clause 11.2, 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, you may not in any form or by any means:
13.4.1 display, perform, reverse engineer, modify, adapt, copy, reproduce, transmit, disseminate or publish such material or create derivative works from such material;
13.4.2 commercialise any information, products or services obtained from any part of the material without our consent or, in the case of third party material, the consent of the owner of the copyright in that material.
13.6 By posting or sending material to or from the Website or otherwise providing material to us, you grant us an irrevocable, perpetual non-exclusive royalty free license to download, print, display, perform, reverse engineer, modify, adapt copy, reproduce, transmit, disseminate and publish such material and to create derivative works from any part of such material for any purpose and to grant sublicenses of the same.
13.7 You must notify us as soon as practicably possible, in the event you believe that any material on the Website or any material provided by Other Users constitutes an infringement of any Intellectual Property Rights and provide us with details and supporting evidence as we may reasonably request.
14.1 We reserve the right to remove any material on the Website at any time.
14.2 We reserve the right to carry out our own investigations by various means for the purposes of verifying any information which you send or post to or from the Website and you consent to us carrying out such investigations. However, we make no warranties or representations about the conduct of such enquiries and will not be responsible to you for any information incorrectly verified.
15.1 You indemnify us against all Liabilities which we may incur in respect of your breach of these Terms and Conditions.
15.2 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.
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/.
17.1 These Terms and Conditions cover the entire agreement and understanding between you and us with respect to your use of the Website and supersede any prior agreement or understanding.
17.2 If there is any conflict between anything in these Terms and Conditions and anything else in the Website, these Terms and Conditions prevail.
17.3 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.
17.4 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.
17.5 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 suspension or termination of access to or closure of the Website.
17.6 The validity and interpretation of these Terms and Conditions are governed by the laws of South Australia. Any dispute in connection with these Terms and Conditions is subject to the exclusive jurisdiction of the courts of South Australia.
In these Terms and Conditions unless the context otherwise requires:
18.1 Australian Consumer Law means the law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
18.2 Claim means any claim, demand, action or cause of action, whether in contract, tort, equity or under statute, and any loss, cost, expense or Liability arising from or in connection with such claim, demand, action or cause of action.
18.3 Directory means the Food South Australia Directory which may be accessed from the Website https://foodsouthaustralia.com.au/directory/.
18.4 Food South Australia, our, we, and us refers to Food South Australia Incorporated ABN 59 235 570.
18.5 Intellectual Property and Intellectual Property Rights includes property and rights in connection with copyright (including future copyright and rights in the nature of or analogous to copyright), know-how, trade mark, service mark, design, inventions (including patents), semi-conductor or circuit layout rights, trade, business or company names, or other proprietary rights, or any rights to registration of such rights (including all renewals and extensions).
18.6 Liabilities means liabilities, losses, damages, actions, causes of action, arbitrations, claims, orders, judgments, outgoings, costs (including legal costs calculated on a solicitor and own client basis) and expenses, whether present or future, actual or contingent.
18.7 Other Users means a third party using the Website.
18.8 Personal Information means any information which may be used to personally identify an individual.
18.9 Website means the website at www.foodsa.com.au and includes all information, tools and other material posted or accessible from that website including the Directory.
18.10 you, your and yourself refers to any person viewing or using the Website, including any links from the Website, either wholly or in part and includes a person whose credit/debit card is used in conjunction with the use of the Website.
In these Terms and Conditions unless the context otherwise requires:
19.1 headings do not affect interpretation;
19.2 singular includes plural and plural includes singular;
19.3 words of one gender include any gender;
19.4 a reference to a party includes its executors, administrators, successors and permitted assigns;
19.5 a reference to a person includes a partnership, corporation, association, government body and any other entity;
19.6 a provision is not to be construed against us only because we prepared it.