Upload Terms

This agreement (Agreement) is between you and The Global Food Company Pty Ltd (ABN: 12 169 398 403) trading as The Global Food Company, we, us or our.

GENERAL TERMS

This Agreement governs the content that you provide to The Global Food Company when uploading, posting, sharing, submitting, sending, publishing and/or making available via our website (the Website), including all product images, product descriptions, logos, comments, photos, illustrations, video clips, sound clips and any other media (Content).

We may at any time and at our sole discretion, amend, revise or modify this Agreement. Although we may notify you of any amendment, revision or modification, it is your responsibility to periodically review this Agreement. You agree to be bound by such changes, modifications or revisions as made by us from time to time.

THE GLOBAL FOOD COMPANY ACCOUNT

In order to upload Content to the Website, you are required to create a Global Food Account (Account). When creating the Account, you must provide accurate and complete information. You are solely responsible for all activity relating to the Account. You must not use another person’s Account without permission from the owner of that Account, and you must notify us if you are aware of any unauthorised access to your Account.

By creating the Account, you agree to:

  • accept this Agreement either for yourself or on behalf of another person or entity; and
  • be bound by the terms and conditions contained in this Agreement.

CONTENT

You are solely responsible for all Content that you upload via your Account to the Website and for any consequence of uploading that Content. We do not guarantee any confidentiality with respect to any Content that you upload via your Account.

You agree that you will not upload Content that:

  • contains third party copyrighted material, or material that is subject to other third party proprietary rights, unless you are the owner of that material or have permission from the rightful owner of the material or you are otherwise legally entitled to upload the Content and to grant The Global Food Company all of the licence rights granted herein;
  • contains falsehoods of misrepresentations;
  • is unlawful, threatening, harassing, hateful, facilitates or encourages conduct that could be considered a criminal offence, gives rise to a civil liability, violates any law, or is otherwise inappropriate in the view of The Global Food Company;
  • impersonates another person;
  • or contains adult-oriented and/or explicit material.

You authorise The Global Food Company to create algorithms based on the Content for the purposes of:

  • hosting the Content on servers owned or controlled by The Global Food Company;
  • indexing the Content; and
  • displaying, performing or distributing the Content, in whole or in part.

The Global Food Company reserves the right to remove from the Website any Content for any reason whatsoever. The removal of Content from the Website may occur without any liability to The Global Food Company.

LICENCE

By uploading Content to the Website, you grant The Global Food Company a worldwide nonexclusive, sub-licensable, royalty-free licence to:

  • use, reproduce, distribute, display, publish and adapt any part or all of the Content;
  • publicly promote, endorse or market the Content in any way whatsoever, including via the Website or otherwise;
  • perform or carry out any actions associated with achieving any of the above.

The Global Food Company may use the Content for any period of time beyond your removal of the Content from the website.

WARRANTIES AND REPRESENTATIONS

You warrant and represent to The Global Food Company that:

  • you have authority to enter in to this Agreement;
  • you are authorised to upload the Content to the Website;
  • you solely own the Content and you have obtained all necessary rights, clearances, waivers and consents relating to the Content;
  • you are not aware of any pending or ongoing litigation relating to the Content, or any part of it;
  • the Content that you upload to the Website is original and is not a reproduction, whether in whole or in part, of another person’s work; and
  • the Content does not contain any viruses, Trojans, worms or any other destructive code or content.

INDEMNITY

In accepting the terms of this Agreement, you agree to indemnify The Global Food Company and keep The Global Food Company fully indemnified against all proceedings, claims, actions, damages, costs, losses or harm suffered by The Global Food Company as a consequence of any breach or non-performance by you of any of the representations or warranties contained in this Agreement.

ACCEPTANCE OF SUBMISSIONS

The Global Food Company is in no way obliged to accept any Content uploaded by you via your Account.

LIMITED RECOURSE

You will have no recourse whatsoever against any director, shareholder, agent, representative or individual associated with The Global Food Company or its related entities.

Any rights or remedies must be brought and enforced against The Global Food Company itself.

TERMINATION OF ACCOUNT

We reserve the right to immediately terminate the Account if you are in breach of this Agreement. Such termination may occur at our sole discretion and without notice to you. If we do decide to terminate the Account, you agree to hold harmless The Global Food Company and its related entities.

The effect of termination will be that you are will no longer be able to access your Account or upload Content to the Website.

GOVERNING LAW

The laws of the state of Queensland, Australia govern this Agreement.

Upload Terms last updated on 20 September 2014.