Copyright and Trademarks
Copyright in the material and trademarks on this Site are owned by Bite Away unless otherwise indicated and you agree not to infringe any intellectual property rights owned by Bite Away. You agree that information contained on this Site is for personal use only and may not be sold, redistributed or used for any commercial purpose. You may download material from this Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary details, information and notices.
You acknowledge and agree that information published by Bite Away is intended to provide general information only in summary form on legal and other issues. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site or on the internet generally.
Bite Away provides links to Internet sites maintained by third parties from its Site. Such linked sites are not under the control of Bite Away and Bite Away is not responsible for the contents, including the accuracy, legality or decency, of any linked site or any link contained in a linked site. Bite Away is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement for Bite Away of the linked site. Bite Away is not responsible for the copyright compliance of any linked site. Bite Away will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.
Bite Away provides no warranty to you that the services generally available through its Site will be uninterrupted or error-free or that defects in the service will be corrected. You also understand the Bite Away cannot and does not guarantee or warrant to you that files available for downloading through the Site or delivered via electronic mail from the Site will be free of infection or viruses, worms, trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
While Bite Away takes all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the internet or while stored on Bite Away systems or on the Site. Bite Away disclaims all liability to you to the greatest extent possible pursuant to law should this occur.
If any part of this agreement is held invalid that part shall be severed from this agreement and the remainder of the agreement will continue to be valid and enforceable. Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement. The laws governing this agreement will be the laws in New South Wales, Australia and you irrevocably submit to the exclusive jurisdiction of its Courts and its Appellate Courts and the jurisdiction of the Federal Court of Australia sitting in New South Wales.
Charges and payment
You shall pay Bite Away the fee specified in the proposal for the goods and or services with payment to be within 7 days of the date of the invoice. Retail customers note that your fees include postage, and wholesale customers note that your fees will need to add postage.
When you place your order and Bite Away has notified that your order has been accepted (wholesale customers note that your order must be for a minimum of 10 items) Bite Away will arrange for the shipping of your order in a timely manner using Australia Post or other reputable delivery service. If Bite Away becomes aware of any delays in the delivery, it will inform you by email. In the event that it is agreed by Bite Away to accept the return of any item, it is the responsibility and cost of you to have the item returned to Bite Away.
Bite Away will provide the services as set out in the accepted order to a proper standard and will use due care while carrying out the services. Bite Away will undertake to use skills that are reasonably fit for the purpose required as part of the services. Other than these matters Bite Away accepts no liability or responsibility for the performance of the services or items supplied or used.
Bite Away may sub-contract for the performance of this agreement or any part of this agreement.
Except as expressly provided to the contrary in this agreement, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise relating in any way to the services or to this agreement are excluded. Without limiting the generality of the preceding sentence, Bite Away shall not be under any liability to you in respect of any loss or damage (including consequential loss or damage) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the failure or omission on the part of Bite Away to comply with our obligations under this agreement. Where any Act of Parliament implies in this agreement any term, condition or warranty that the Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in this agreement. However, the liability of us for any breach of such term, condition or warranty shall be limited, at the option of me, to any one or more of the following –
(a) the supplying of the services again; or
(b) the payment of the cost of having the services supplied again.
You warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Bite Away which has not been stated expressly in this agreement or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by Bite Away.
Bite Away shall not be liable for any delay or failure to perform its obligations if such failure or delay is due to force majeure.
Without limiting the generality of any other clause in the proposal, Bite Away may terminate this agreement immediately by notice in writing if;
(a) any payment due from you pursuant to this agreement remains unpaid for a period of 7 days; or
(b) You breach any clause of this agreement and such breach is not remedied within 7 days of written notice
If notice is given to you pursuant to the preceding clauses, Bite Away may, in addition to terminating the agreement
(a) retain any moneys paid;
(b) charge for work performed in respect of work which no sum has been previously charged;
(c) be regarded as discharged from any further obligations under this agreement.
Indemnity by you
You shall indemnify Bite Away and shall keep Bite Away indemnified against all claims demands actions proceedings costs expenses and damages whatsoever which may arise during the period of this agreement or thereafter arising out of or in any way connected with any act, omission, statement and or representation made by you which is against and or in contravention of the terms of this agreement, is materially false or incorrect or any matters that
relate to the services whatsoever. You agrees to indemnify and keep indemnified Bite Away from and against all and any loss, damage, cost, charge, expense or other liability however suffered, paid or incurred by or threatened against Bite Away in relation to or arising out of or inconsequence of any action, proceeding, claim or demand which is or may be brought, made or prosecuted or threatened against Bite Away in respect of any loss or damage to property, loss of life or personal injury or other loss whatsoever that may arise in any way from the training proposal and or sessions and or this agreement.
You release Bite Away from all claims, actions, causes of action, proceedings and demands which you now have or but for this paragraph would or might at any time in the future have against Bite Away and all present or future liability of Bite Away to you however caused in relation to or arising out of or in consequence of the services and or this agreement. You agree not to make or commence or threaten to make or commence any claim, action, cause of action, proceeding or demand referred to in this paragraph.
Without limiting the generality of the other provisions, Without limiting the generality of the preceding sentence, Bite Away shall not be under any liability to you in respect of any loss or damage (including consequential loss or damage) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the failure or omission on the part of Bite Away to comply with our obligations under this warranty. The liability of Bite Away for any breach of any term, condition or warranty shall be limited, at the option of Bite Away, to any one or more of the following –
(a) the supplying of the product again; or
(b) the payment of the cost of having the product supplied again.
You shall not except as authorised by Bite Away, reveal to any persons person or company any of the trade services secret or confidential operations processes techniques manufacture products designs or dealings or any information concerning the organisation business or affairs of Bite Away which may come to your knowledge and shall keep with complete secrecy all confidential information entrusted to you and shall not use or attempt to use any such
information in any manner which may injure or cause loss either directly or indirectly to Bite Away or may be likely to do so. This restriction shall continue to apply after the period of this agreement without limit in point of time but shall cease to apply to information which may come into the public domain.
Any legal or other costs reasonably incurred by Bite Away (including legal costs on a solicitor/client basis) in preparing and serving any demands and or any recovery actions undertaken on behalf of Bite Away shall be borne by you.
Any variation to these terms and conditions must be in writing and signed by or on behalf of both of us.
Any provision contained in these terms of this agreement that is prohibited by or void at law shall be ineffective to the extent only of such prohibition or avoidance without invalidating the remaining provisions thereof and these terms of this agreement shall be construed so that it shall operate in all respects to the maximum extent if validly can do so. Please read through our Terms and Conditions, we ask that you do not use our website or service until you have familiarised yourself with them. In the event that you do or are using or have used our service it is understood that you have agreed to our Terms and Conditions. These Terms and Conditions may be updated from time to time, with the current version accessible on the Site Please contact Bite Away through the Site to obtain an authorised login and password.
References to the “client”, “you”, “your”, “customer”, and the like refers to you, and your servants agents employees and contractors as one business, which business must be registered with a current and valid ABN. The named people on behalf of you agree in all respects to personally guarantee the payment and performance by you of these terms and conditions.