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Legal

Your use of this web site constitutes your agreement to be bound by, and to act in accordance with, these terms of use ("Terms of Use").

Restrictions on use

This web site is owned and operated by Sigma Australia which is a member of the Upfield group of companies ("Upfield") and contains material which is derived in whole or in part from material supplied by companies in the Upfield group. All material is protected by international copyright and trade-mark laws. Unless expressly authorized by Sigma Australia, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this web site including code and software. You may download material from this web site for your personal, non-commercial home use only, provided you keep intact all trade-mark, copyright and other proprietary notices. The use of any such material on any other web site or computer network without Sigma Australia's written consent is strictly prohibited. Your use of the trademarks, service marks and trade names on this web site in any manner other than as authorized in these terms and conditions, or as authorized in writing by Sigma Australia, is strictly prohibited.

Downloaded software

If you download from this web site, the software and all files, images and data relating to the software will be licensed to you by Sigma Australia. You do not own the downloaded software, and Sigma Australia does not transfer ownership of the software to you. Sigma Australia retains full ownership of and title to the downloaded software and all intellectual property rights related to the software. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form. If you download software from this web site, you represent and warrant to Sigma Australia that you are not acting in violation of any laws.

License to Sigma Australia

By posting messages, uploading files, inputting data or submitting comments, suggestions, graphics, ideas and other information or material to Sigma Australia through this web site, you are granting Sigma Australia a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

  • Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication; and
  • Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing rights shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trade-mark, service mark or patent laws under any applicable jurisdiction. Any information provided by you shall be considered non-confidential and non-proprietary.

If this web site offers you the opportunity to send eCARDS, this license does not extend to the personalized content of any eCARDS that you might send through this web site.

POSTINGS

This web site may include eCARDS, bulletin boards and/or chat rooms (collectively the "Communications") allowing you to send messages to third parties or to interact with other users in real time. Sigma Australia does not control the messages, information or files delivered through the Communications. It is a condition of your use of these Communications and this web site generally that you agree not to:

  • Post, send or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, provincial, national or international law.
  • Post, send or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trade-mark or other proprietary rights or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
  • Post, send or transmit any information, software or other material which contains a virus or other harmful component.
  • Post, send, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising.

You understand and acknowledge that Sigma Australia may from time to time monitor or review discussions, chats, posting and other transmissions on this web site. However, Sigma Australia has no obligation to monitor the content of the communications and assumes no responsibility for libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to or from any such locations on this web site. Sigma Australia reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to send or to remove any information or materials, in whole or in part, that in Sigma Australia sole discretion are objectionable or in violation of these terms and conditions. Notwithstanding anything else contained herein, your sole and exclusive remedy for Sigma Australia 's action is to discontinue using Sigma Australia's site.

Disclaimer

Sigma Australia may provide links and pointers to internet web sites maintained by third parties or this web site may be located on a third party web site. Neither Sigma Australia, its parent or subsidiary companies nor their respective affiliates operate or control in any respect any information, products or services on these third-party sites. The inclusion of a link or the location of this web site does not imply any direct or indirect endorsement by Sigma Australia of that site. The materials in this web site and any third-party sites are provided "as is" and without warranties of any kind either express or implied.

To the fullest extent permissible by law, Sigma Australia disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Sigma Australia does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this web site, including bulletin boards, or the server that makes it available, are free of viruses or other harmful components.

Sigma Australia does not warrant or make any representations regarding the use or the results of the use of the materials in this web site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.

This web site is directed only to Australian and New Zealand consumers for products and services of Sigma Australia. This web site is not directed to any other consumers outside Australia and New Zealand.

Liability

Sigma Australia, its affiliates, their directors, officers, employees, shareholders, agents or any others involved in the creation and operation of the web site shall not be liable for any loss or damage whatsoever arising out of your access to or use of any content of this web site or the content of any site or sites linked to this web site, including where such loss or damage is caused by Sigma Australia's negligence, the unavailability of the web site, errors or inaccuracies contained on the web site even if you have advised Sigma Australia in advance of the possibility of such damage.

Where Sigma Australia is liable for breach of an implied warranty or condition which by law cannot be excluded, Sigma Australia's liability is, to the extent permitted by law, limited at Sigma Australia's option, to the following: (A) in the case of services supplied or offered by Sigma Australia, (i) the supply of the services again, or (ii) the payment of the cost of having the services supplied again; and (B) in the case of goods supplied or offered by Sigma Australia, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods, or (iv) the payment of the cost of having the goods repaired.

Responsibility for children

Parents take full responsibility for their children's activities online and for their children's use of this web site. While Sigma Australia will try to ensure that linked sites are safe for children, Sigma Australia may not have reviewed all linked sites and is not responsible for the content of these sites.

Continuing Agreement

Sigma Australia may change or revise these Terms of Use from time to time by updating this posting. Please visit this area each time you visit the web site to keep up to date with the current terms regarding your use of the web site. Your use of the web site reaffirms your continuing agreement to the current Terms of Use.

Other

These Terms of Use are governed by the laws of the New South Wales, Australia. If any provisions of this agreement are found by a court to be unlawful, void or for any reason unenforceable, then that provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Contact Sigma Australia with questions or problems with this service.

THE PRODUCTS OR SERVICES MENTIONED IN THIS WEB SITE ARE INTENDED FOR AUSTRALIAN AND NEW ZEALAND CONSUMERS ONLY AND THE CLAIMS MADE HERE RELATE SOLELY TO THE PRODUCTS AND SERVICES SOLD OR PROVIDED BY SIGMA AUSTRALIA.

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