Milk Chocolate Property Pty Ltd (Website Owner) owns and operates this Website. Access to and use of this Website is subject to the following terms, notices and our Privacy Policy (collectively, Terms of Service). By using the Website, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Amendments to Terms of Service
The Website Owner reserves the right to amend these Terms of Service from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification constitutes your acceptance of those terms. Should you object to any of our Terms of Service or other notices on our platform your sole remedy is to immediately cease your use of our platform.
These Terms of Service were last updated on 24th October, 2023.Website
Whilst the Website Owner will use reasonable endeavours to ensure that this Website is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free. Your access to the Website may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.
Except as expressly provided otherwise in the Terms of Service, we reserve the right to change or discontinue any website, feature or service (or part thereof) on the Website at any time.
Linked Sites
This Website may contain links to other websites (Linked Sites) which are not operated by the Website Owner. The Website Owner has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. The Website Owner does not warrant that the content, links, or subdomains contained on, or associated with Linked Sites will be available and accessible to you at all times. Your use of the Linked Sites will be subject to their Terms of Service and service contained within each such site.
Privacy Policy
The Privacy Policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described by the Privacy Policy and warrant that all data provided by you is accurate.
Your conduct
You must not misuse this Website. You will not:
use the Website in breach of any applicable laws or regulations;
use the Website (or Material, meaning text, illustrations, photos, audio, video, any combination of these or other material obtained from the Website) to:
commit or encourage a criminal offence;
transmit (authorise the transmission of) or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
hack into any aspect of the Website, corrupt data, cause annoyance to other users;
infringe upon the rights of any other person’s proprietary rights;
send any unsolicited advertising or promotional material commonly referred to as “spam”;
impersonate any person or entity;
solicit money, passwords or personal information from any person; or
harm, abuse, harass, stalk, threaten or otherwise offend others;
Breaching this provision would constitute a criminal offence and the Website Owner will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
The Website Owner will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.
Intellectual property, software and content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of the Website Owner or its licensors and are protected by copyright, trademark and other laws and treaties around the world. All such rights are reserved by the Website Owner and its licensors.
You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Nothing displayed on the Website should be construed as granting any right of use in relation to any logo, masthead or trade mark displayed on the Website without the express written consent of the relevant owner.
By uploading, transmitting, posting or otherwise making available any Material via the Website, you:
grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit, communicate and otherwise deal with the Material in any form and for any purpose;
warrant that you have the right to grant the above mentioned licences;
warrant that the Material does not breach the Terms of Service; and
unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.
We reserve the right (but have no obligation) to:
review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Terms of Service or otherwise has the potential to harm, endanger or violate the rights of any person; and
monitor use of the Website, and store or disclose any information that we collect, including in order to investigate compliance with the Terms of Service or for the purposes of any police investigation or governmental request.
We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the Website by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the Website simply by facilitating others to post, transmit or other make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.
Google Maps
The Google Maps service is made available to you under licence from Google Inc. By using the Google Maps service and any data or information accessed from Google Maps, you also agree to be bound by the Google Maps terms and Terms of Service available at the following url:
http://www.google.com/intl/en_us/help/terms_maps.html.Notifying us
If you think that the Website has been accessed or used by another user in breach of the Terms of Service, please email us at enquiry@milkchoc.com.au. We’ll consider whether there are grounds for taking any action, but you won’t necessarily be contacted as to our decision.
In particular, if you wish to send us a copyright infringement notification, you will need to identify the Material(s) that you believe infringe(s) your copyright, identify each copyright protected work in which you own the rights and which you believe has been infringed, identify how each copyright protected work has been or is being infringed and include your contact information. You will need to sign the notice and send it to enquiry@milkchoc.com.au.
Disclaimer
You use the Website at your sole risk.
Except where expressly stated otherwise, Material on the Website is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
We do not make any representation or warranty that any Material on the Website will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.
You must take your own precautions to ensure your access to the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system or other personal devices.
We will not be liable for loss resulting from any action or decision by you in reliance on the Material on the Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with the Website in any circumstance.
Limitation of liability
You use the Website at your sole risk.
To the extent permitted by law, the Website Owner excludes all conditions and warranties relating to your use of the Website that are not expressly set out in the Terms of Service.
To the extent that the Website Owner’s liability for breach of any implied warranty or condition cannot be excluded by law, liability will be limited, at the Website Owner’s option, to:
in the case of services supplied or offered by the Website Owner:
reperforming those services that are subject to the liability; or
repaying the amount of the service paid in respect of the relevant Liability; and
in the case of goods supplied or offered by the Website Owner:
the replacement of the goods or the supply of equivalent goods;
the repair of the goods;
the payment of the cost of having the goods replaced; or
the payment of the cost of having the goods repaired.
In relation to any express warranty or condition set out in the Terms of Service in connection with goods or services supplied or offered by the Website Owner via the Website, liability to you will be limited to the aggregate amount paid by you (if any) in respect of those goods or services.
In no circumstances will the Website Owner be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the Website.
Indemnity
You agree to indemnify, defend and hold harmless the Website Owner, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.
Severability
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
No waiver
No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Terms of Service shall not constitute a waiver of such right.
Applicable law
These Terms of Service shall be construed in accordance with and governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in New South Wales Courts to determine any matter or dispute which arises under the Terms of Service.