Terms of use

Apple and Pear Australia Limited

TERMS OF USE

This website located at www.apal.org.au (‘Website’) is owned and operated by Apple and Pear Australia Limited ACN 101 551 348 (‘APAL’, ‘we’ or ‘our’). Your access and use of this Website is subject to these terms and conditions and APAL’s Privacy Policy (available here). By accessing, viewing or otherwise using this Website, you agree to be subject to and bound by these terms, as updated by us from time to time.

Access

We agree to you accessing this Website on these terms. If you are accessing as, or for, a corporate entity or as agent or trustee of a person, you agree that you have the authority to bind that entity or person to these terms, and you are bound by these terms as a trustee or agent of that person.

Purpose of this Website

This Website is intended to provide you with general information only. All content available on this Website is of a general nature only and may not be suitable for your particular purposes. You should obtain independent expert advice if you are considering relying on any information published on this Website.

Variation

We may, at our sole discretion, vary or modify these terms by posting our updated terms on this Website. Any subsequent access to, or use of, this Website by you will constitute an acceptance of those varied terms.

Intellectual property

We own, or are licensed or otherwise permitted to use, all the intellectual property rights (including copyright and trade mark rights) subsisting in or relating to all information, text material, graphics, logos, icons, sound recordings, software and source code on this Website.

Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth), and except expressly authorised by the terms, you may not in any form or by any means:

  • adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
  • otherwise commercialise any information, products or services obtained from any part of this Website;

without our written permission, or in the case of third party material, from the owner of the intellectual property rights in the third party material.

Compliance with directions

You agree to comply with all directions or instructions we notify you of from time to time regarding your access to and use of this Website (including by way of notice provided via the Website).

Accuracy of content

Whilst we will endeavour to keep this Website up to date and accurate, we cannot guarantee that the information on this Website will be up to date or accurate. You should conduct your own investigations and satisfy yourself as to whether information on this Website is accurate or up to date.

Linked websites and hyperlinks

This Website may contain links to other websites. These links are provided for convenience only and should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites. We are not responsible for the content or privacy practices associated with the linked websites.

Errors and defects

We do not guarantee that this Website will be free from errors or viruses, or that access to this Website will function as intended or uninterrupted. You must take your own precautions to ensure that accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference or damage to our computer system which arises in connection with your use of this Website.

Security

We will take all reasonable steps to ensure the security of this Website. However, data transmissions over the internet cannot be guaranteed to be totally secure. Whilst we strive to protect information you transmit to us or which we store, we do not warrant and cannot ensure the security of such information.

Liability

Nothing in these terms should be interpreted as attempting to exclude, restrict or modify your rights to make a claim in respect of any consumer guarantees or other applicable provisions of the Australian Consumer Law. If you are a consumer within the meaning of section 3 of the Australian Consumer Law (‘Consumer’) and the goods and services which we provide you in respect of your access to and use of the Website are goods and services which, for the purposes of the Australian Consumer Law, are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then our liability to you in relation to any claim relating to your access and use of this Website is limited, at our option to:

(a) the supplying of the relevant services again; or

(b) the payment of the cost of having the relevant services supplied again.

If you do not access this Website as a Consumer, then to the extent permitted by law, we exclude all liability for any loss incurred by you, however caused (including by our negligence) in connection with your access and use of this Website. This clause applies even if we knew or ought to have known that the relevant loss would be suffered.

General

(a) If any provision of these terms is invalid or not enforceable in any jurisdiction, it is to be read down, if possible, so as to be valid and enforceable and will otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these terms or affecting the validity or enforceability of that provision in any other jurisdiction.

(b) You must ensure that your use of this Website complies with all applicable laws and regulations.

(c) These Terms are governed by the laws in force in the State of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia.