Terms and Conditions

It is important to us that your use of our service is an enjoyable experience, and that when you use our services you are fully aware of your legal rights and obligations. For that reason, we have created these terms and conditions (“Terms”). Please read these Terms carefully before using the Latin Deli web-site and related services (“Services”), as by using the Services you (“you” or “user”) will be deemed to have agreed to them. We reserve the right to modify these Terms, so you should read them carefully from time to time.

The Services are available to Australian residents only. If you are not an Australian resident please do not use the Services. If you are under 18 years of age, you must obtain your parents’ or guardians’ prior consent before using these Services.

The Services are owned and operated by Latin Deli Pty. Ltd. (ABN 20 117 380 131), a company incorporated under the laws of the State of NSW, Australia with its registered office at 1/6 Gundah Road, Mount Kurring Gai NSW 2080 (“we”, “Latindeli”, “our” & “us”).

Part of the content supplied via the Services is provided by third party contributors retained by Latindeli (“Contributors”).

Subscription fees and access to the Services

Latindeli may offer, in its absolute discretion, provide access to the Services. Latindeli may introduce subscription fees to access the Services at any time with a minimum of 28 days notice. If you do not agree to such fees, then Latindeli may terminate your access to the Services.

Your Conduct

You agree that you will not use the Services for any purpose that is unlawful and will comply with all relevant laws and regulations. In particular you agree that you will not use the Services to do any of the following:

(i) use the Services for any improper, unlawful, or immoral purpose;

(ii) cause any nuisance by your use of the Services or cause the operation of the Services to be jeopardised or impaired;

(iii) create, host, or transmit any defamatory, offensive, or obscene material, including pornographic material, or engage in activities which would cause offence to others on grounds of race, religion, creed, or sex;

(iv) harm or attempt to harm minors in any way;

(v) create, host, or transmit any material that threatens or encourages bodily harm or the destruction of property, or would constitute a criminal offence or give rise to civil liability;

(vi) create, host, or transmit material which infringes the copyright, trademark, patent, trade secret, privacy, right of publicity, or other intellectual property or proprietary rights of any other party;

(vii) create, host, or transmit any unsolicited advertising or promotional material to other users, or spam other users;

(viii) create, host, or transmit any material that harasses another;

(ix) make false, misleading, deceptive, or fraudulent offers to sell or buy products, items, or services, or to send chain letters or pyramid schemes or the like;

(x) add, remove, or modify identifying network header information or copyright management information, including author names, publication dates, or clearance agency names, in an effort to deceive or mislead;

(xi) access, or to attempt to access, the accounts of others or to penetrate or attempt to penetrate our or a third party’s security measures, computer software, hardware, electronic communication systems, or telecommunications systems;

(xii) collect, or attempt to collect, personal information about third parties without their knowledge or consent, or to engage in “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other data;

(xiii) any activity which adversely affects the ability of other people or systems to use the Services or the Internet generally, including, without limitation, flooding and hacking;

(xiv) resell, repurpose, or redistribute any intellectual property provided by us, our Contributors, our contractors or our licensors without our prior written consent;

(xv) impersonate any person or entity or using a false name that you are not authorised to use;

(xvii) create, host, or transmit any material that adversely reflects upon our reputation or our products or services; or

(xviii) create, host, or transmit false or misleading information or provide any false testimonial in relation to any goods and services including our goods or services.

You indemnify us, including our officers, management, employees, agents and contractors and Contributors, for any loss, damage, claims, suits, proceedings or actions that may arise in connection with your conduct in using and accessing the Services or any breach of these Terms.

Intellectual Property

All material and content on or via the Services including but not limited to any and all brands, logos, images, taglines, registered or unregistered trade marks, service marks, designs and products, (excluding content provided by users) are the property of us or our licensors and Contributors and subject to copyright, trade mark and other intellectual property protection. The Services contain commercially sensitive and valuable information which is confidential and protected by copyright. All right, title and interest in and to the Services are and remain the property of us or our licensors and Contributors.

You can copy material for your own personal use but you must not republish, reproduce, transmit, distribute, sell, modify, adapt or use any part of the Services or any content on or via the Services in any other way, without our permission or as otherwise expressly permitted through the Services.

Content

You are solely responsible for all content that you post or communicate via the Services and for any activities that occur under your account. We make no warranties or representations about accuracy, reliability or otherwise of any information provided via users of the Services.

Unless indicated otherwise, Latindeli is a distributor only of content supplied by users through the Services. We shall not be responsible for policing, monitoring, or editing such content, and accordingly, shall not be responsible for exercising editorial control over such content. Notwithstanding the foregoing, Latindeli shall have the right, but not the obligation, to monitor such content in order to respond to or comment upon communications by users and in order to determine compliance with these Terms.

Latindeli shall have the right and sole discretion to edit, to refuse to post or to remove any content whatsoever which it finds to be in violation of these provisions or which it finds in its sole discretion to be otherwise objectionable for any reason.

The opinions expressed by users are not necessarily (and in some cases not at all) those of Latindeli. Latindeli is not responsible for any materials provided by users which are deemed harmful or offensive to others. Latindeli is not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided by users of the Services, to the maximum extent permitted by law.

All statements, advice and opinions made by users are those of such users only, and Latindeli neither endorses nor shall be held responsible for the reliability or accuracy of same.

Communications

Any communications posted, displayed or sent via the Services will be able to be viewed by other users of the Services and through third party services. You should only provide content that you are comfortable sharing with others under these Terms. By providing content on or via the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods (now known or later developed) in perpetuity. This includes authorising us to make your posts available to other users via the Services.

Advertisements or Commercial Content

Our goal is to deliver content that is valuable to our users and to ensure the best experience on our Services. The Services may include advertisements or other commercial content which may be targeted to content on the Services or other information. In consideration for us providing you with access to and use of the Services, you agree that we and our third party providers, Contributors, and partners may place such advertising on the Services or in connection with the display of content on the Services; and you give us permission to use your account in connection with that content.

Termination and Changes

The Services are always evolving and the form and nature of the Services may change from time to time. We may modify, suspend or discontinue the services available on the Services, or remove, modify, edit or supplement any content on the Services, at any time without notice in its absolute discretion.

We may terminate or suspend your access to any part or all of the Services at any time, for any reason whatsoever, including but not limited to, if you breach these Terms, with or without notice.

Product availability, prices and information

Product availability and prices are subject to change. While Latindeli and the Contributors have used reasonable endeavours to ensure that the information contained through the Services is correct and current at the time of publication, Latindeli and the Contributors do not accept responsibility for any error, omission or defect in the information.

Liability

You are responsible for your use of the Services. The Services are provided on an ‘as is’ basis and are used at your own risk. To the full extent permitted by law, we, including our officers, management, employees, agents and contractors and Contributors, exclude all terms, conditions, warranties, guarantees and representations, whether express or implied, and exclude all liability in contract, tort (including negligence), or otherwise for loss or damage (whether direct or indirect) in relation to the use, inability to use, or performance of Services or any information, content, material, products or services made available via the Services, including without limitation any error, omission, technical malfunction, delay, interruption, interference, tampering, virus, bug, theft, destruction or unauthorised access to or alteration of the Services, or any damage to any computer or device. If we are liable for breach of any implied guarantee, warranty or condition that cannot be excluded, including the statutory guarantees in the Competition & Consumer Act 2010 (Cth), then in any event our liability shall be limited to, at our option, to the extent we are able to do so, in the case of goods, replacing or repairing the goods, supplying equivalent goods, or payment of the cost of doing so; or in the case of services, re-supplying the services, or paying for the costs of doing so.

General

These Terms are governed by and to be construed in accordance with the laws of NSW, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of NSW, Australia. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Links

The Services may provide links or references to other sites or services originating from other companies, individuals or organisations. We do not endorse these services and have no responsibility for the content or operation of any such services and shall not be liable for any damage or injury relating to access to or use of such services.

Contact us

If you have any questions, comments, feedback, or want to report any cases of potential infringements or other breaches of these Terms, please please contact us via email ben@latindeli.com.au.

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