1) No Representation
We will endeavour to ensure the accuracy of information displayed on our Website. However, to the extent permitted by law, no warranty or representation is given as to its quality, accuracy or completeness. It is the responsibility of the user to judge the accuracy of information before relying on it in any way. We make no warranty or representation as to the suitability of our Website, any site which is linked by our Website or our products for any purposes. No content on our Website or any site that is linked by our Website constitutes advice and should not be relied upon in making or refraining from making any decision. Casella Family Brands does not represent that any information (including any file) obtained or downloaded from our Website or any site that is linked by our Website is free from computer viruses or other faults and defects. It is the responsibility of the user to carry out any appropriate scans of such files for any viruses, faults or defects.
2) Limitation of Liability
We accept no responsibility for any loss, liability, cost, expense or damage of whatever nature arising out of the use of, or inability to use, our products, Website and any site that is linked by our Website, or from any error or omission in information contained on our Website, any site that is linked by our Website or our products. All conditions, warranties or liabilities with respect to the supply of any services by us, via our Website imposed or implied whether by law or by statute are expressly excluded and negated, provided that nothing in these terms and conditions shall exclude, restrict or modify any condition, warranty, right or liability which may at any time be implied in these terms and conditions (including any condition, warranty, right or liability implied by the Competition and Consumer Act 2010 or any similar applicable State or Territory legislation) where to do so is illegal and would render any provision of these terms and conditions void. To the extent permitted by law, Casella Family Brands expressly limits its liability for breach of any condition or warranty implied, be they statutory or otherwise, into any service supplied via our Website to; the supply of the service again; or the payment of the cost of having the service supplied whichever we may in our absolute discretion select.
Any links to other websites contained on our Website have been included for convenience only and we accept no responsibility or liability for the contents of any linked website. The inclusion of any link does not imply endorsement by us of any linked websites or its provider. It is the user’s responsibility to make themselves aware of the terms and conditions on which access is granted to linked sites. Users should be aware that some links may be to pages other than a home page.
Unless indicated otherwise, copyright in the content of our Website, including any Casella Family Brands’ or its related companies trademarks, logos and brands, belong to Casella Family Brands or its related companies. To the extent permitted by law, we reserve all rights in respect to such content. Our Websites, their content or part thereof may not be reproduced, copied, sold, re-sold or otherwise exploited in any form by any process for any purpose that is not expressly permitted by us.
These terms and conditions shall be governed by the laws of New South Wales and are subject to the exclusive jurisdiction of the Courts of New South Wales. Casella Family Brands’ failure to exercise or enforce any rights or provisions of these terms and conditions shall not constitute a waiver of such right or provision unless agreed to by us in writing. If a provision of these terms and conditions or a right or remedy of a party under these terms and conditions is invalid or unenforceable in a particular jurisdiction; it is to be read down or severed in that jurisdiction only to the extent of the invalidity or unenforceability; and it does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions in any jurisdiction. We reserve the right to amend or otherwise alter the information displayed on our Site at any time, including but not limited to these terms and conditions. Any amendment to these terms and conditions will take effect immediately. Your continued use of our Website following any amendment to these terms and conditions shall be deemed to be agreement by you to be bound by these terms and conditions, as amended.