General Terms and Conditions

This website is operated by Alba Cheese Manufacturing Pty Ltd ACN 619 302 420 (Alba Cheese Manufacturing). These Terms and Conditions and our [Returns Policy] govern your use of this website and the products and services provided in connection with this website. By accessing or using this website, you acknowledge and agree that this conduct evidences your acceptance of these Terms and Conditions (including any subsequent amendments). If you do not agree with these Terms and Conditions, you should not accept them. If you do not accept these Terms and Conditions, you must not access or use this website.

USE OF WEBSITE

1.1 Alba Cheese Manufacturing does not grant users of this website any rights to use the Content (as defined in paragraph 1.2 below) for any purpose other than as permitted by these Terms and Conditions.

1.2 You must not:
- 1.2.1 collect, store, copy, reproduce, modify, publish or distribute any information available on this website including, text, images, materials, data, photographs, logos and graphics (collectively, Content) unless it is for the sole purpose of advising a third party to access the website;
- 1.2.2 interfere with or disrupt this website;
- 1.2.3 use this website or any Content in a manner which may infringe the intellectual property rights of Alba Cheese Manufacturing or a third party; or
- 1.2.1 use the website in a manner which may be unlawful, harmful, illegal, fraudulent or which breaches or may breach these Terms and Conditions.
1.3 We may update or vary the price for any of our products at any time without notice.
1.4 Alba Cheese Manufacturing may, in its absolute discretion, at any time and without notice terminate access to this website.
1.5 Alba Cheese Manufacturing will not be liable to you or any third party for any claim or liability arising out of or in connection with any amendment to these Terms and Conditions, price change, suspension or termination of access to this website.

USER OBLIGATIONS

2.1 You warrant that you meet the minimum age required to enter into contracts for the sale of goods in accordance with the relevant laws applicable to your place of residence.
2.2 You must provide accurate, complete and up-to-date contact and account related information for all purchases made through our website.
2.3 You must not upload, send by email or distribute by any other means, any illegal, offensive, threatening content.
2.4 You must not upload, send by email or distribute by any other means, any promotional material, junk mail or spam communications.

ORDERS, PRODUCTS AND SERVICES

3.1 We have taken all reasonable steps to ensure the images on our website are accurate representations of our products. However, the nature of the internet and technology means that some colours and images of products may be slightly different to how they appear in real life.
3.2 We may limit the sales of our products including in respect of any person, country, geographical region.
3.3 We may discontinue any product at any time.
3.4 Any offer for any product or service made on this site is void where prohibited by any law, code or standard.
3.5 We may decline or refuse to satisfy any order placed with us or we may place order limits on any person.

Intellectual Property Rights

4.1 Alba Cheese Manufacturing is the sole owner of all intellectual property rights (whether such rights are capable of registration or otherwise) subsisting in this website (Alba Cheese Manufacturing Intellectual Property Rights).
4.2 Nothing in these Terms and Conditions gives users any legal or beneficial interest in the Alba Cheese Manufacturing Intellectual Property Rights. You must not, without Alba Cheese Manufacturing’s prior written consent, use or utilise in any manner, including by copying, reproducing or disclosing the Alba Cheese Manufacturing Intellectual Property Rights for any purpose other than as required to access and use the website under these Terms and Conditions.

THIRD PARTY LINKS

5.1 Some Content, products and services available via our website may involve third party content.
5.2 Alba Cheese Manufacturing makes no representation about the quality of the goods or services provided by any third parties or any representation regarding the content available on the third parties’ respective websites and Alba Cheese Manufacturing will not have any liability or responsibility in connection with those websites and content.

DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY & INDEMNITY

6.1 Alba Cheese Manufacturing does not provide any warranty of any kind in relation to this website or the products offered on this website (except those implied by law). In particular, Alba Cheese Manufacturing does not warrant:
- 6.1.1 the products, services, information or other material provided will meet your expectations, except as required by law;
- 6.1.2 the Content (including search results) will be complete, updated, true, accurate, timely or suitable for any particular purpose;
- 6.1.3 access to this website will be uninterrupted, error free or free from viruses; or
- 6.1.4 errors will be detected and corrected.
6.2 To the maximum extent permitted by law, Alba Cheese Manufacturing (and its affiliates and representatives) will not be liable to you for any claim, loss, cost, liability, expense or damages whatsoever (including consequential loss), whether arising in contract, in tort (including negligence) or otherwise arising out of or in connection with these Terms and Conditions, the Content or this website.
6.3 Without derogating from clause 6.2, Alba Cheese Manufacturing’s liability for any breach of a consumer guarantee under the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) is limited to one or more of the following, at its discretion:
- (i) the supply of the services again; or
- (ii) the payment of the cost of having the services supplied again; and
- (i) the replacement of the goods;
- (ii) the supply of equivalent goods;
- (iii) the repair of the goods, which is likely to be impractical for our cheese goods;
- (iv) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- (v) the payment of the cost of having the goods repaired, which is (again) likely to be impractical.
6.4 You agree to indemnify and hold harmless Alba Cheese Manufacturing on a continuous basis from all third party claims, loss, cost, expense or damage arising from or in connection with your use of this website or your breach of these Terms and Conditions.

WEBSITE DATA

7.1 We may use cookies to track use of this website. We may derive analytics in an aggregated form and log anonymous information including:
- 7.1.1 the address of a user’s server;
- 7.1.2 a user’s top level domain (such as .com or .au);
- 7.1.3 the date and time of a user’s visit;
- 7.1.4 the pages a user accessed or downloaded;
- 7.1.5 the search engine a user used; and
- 7.1.6 the type of browser that was used.
7.2 We collect this information so that we can analyse and make business decisions based on the way that customers interact with our website. We may also use this information to make the user experience more efficient or to tailor it to your individual preferences.
7.3We do not use this technology to access personal information (as that term is defined in the Privacy Act 1988 (Cth)).

Severability

If any provision of these Terms and Conditions is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

NO Waiver

Any waiver of a term of these Terms and Conditions will only be effective if in writing. No failure by Alba Cheese Manufacturing to insist upon or enforce strict compliance with these Terms and Conditions will constitute a waiver of any of its rights or remedies.

AMENDMENT

We may, amend or vary these Terms and Conditions at any time without notice and at our sole discretion. If you continue to use or access our website or purchase our products and/or services, this will constitute deemed acceptance of these Terms and Conditions (as updated from time to time).

GOVERNING Law and Jurisdiction

Any dispute or claim arising out of or in connection with these Terms and Conditions (including non-contractual disputes or claims) will be governed by the laws of Victoria, Australia and will be subject to the non-exclusive jurisdiction of the courts of Victoria, Australia.

QUESTIONS

Please contact us at: david@albacheese.digital4design.co if you have any questions regarding these Terms and Conditions or you are unable to find the information that you require.