Terms and Conditions
CLUNY LIVESTOCK EXPORTS PTY LTD WEBSITE TERMS AND CONDITIONS
Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least [18] years of age to use this website. By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least [18] years of age.
This website doesn’t use cookies.
License to use website
Unless otherwise stated, CLUNY LIVESTOCK EXPORTS PTY LTD and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages [or [OTHER CONTENT]] from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]
• [edit or otherwise modify any material on the website; or]
• [redistribute material from this website [except for content specifically and expressly made available for redistribution].]
Where content is specifically made available for redistribution, it may only be redistributed within CLUNY LIVESTOCK EXPORTS PTY LTD.
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without CLUNY LIVESTOCK EXPORTS PTY LTD express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without CLUNY LIVESTOCK EXPORTS PTY LTD express written consent.
Restricted access
Access to certain areas of this website is restricted. CLUNY LIVESTOCK EXPORTS PTY LTD reserves the right to restrict access to other areas of this website, or indeed this entire website, at CLUNY LIVESTOCK EXPORTS PTY LTD discretion.
If CLUNY LIVESTOCK EXPORTS PTY LTD provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
CLUNY LIVESTOCK EXPORTS PTY LTD may disable your user ID and password in CLUNY LIVESTOCK EXPORTS PTY LTD sole discretion without notice or explanation.]
User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to CLUNY LIVESTOCK EXPORTS PTY LTD a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to CLUNY LIVESTOCK EXPORTS PTY LTD the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or CLUNY LIVESTOCK EXPORTS PTY LTD or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
CLUNY LIVESTOCK EXPORTS PTY LTD reserves the right to edit or remove any material submitted to this website, or stored on CLUNY LIVESTOCK EXPORTS PTY LTD servers, or hosted or published upon this website.
[Notwithstanding CLUNY LIVESTOCK EXPORTS PTY LTD rights under these terms and conditions in relation to user content, CLUNY LIVESTOCK EXPORTS PTY LTD does not undertake to monitor the submission of such content to, or the publication of such content on, this website.]
No warranties
This website is provided “as is” without any representations or warranties, express or implied. CLUNY LIVESTOCK EXPORTS PTY LTD makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, CLUNY LIVESTOCK EXPORTS PTY. LTD. does not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any [legal, financial, agricultural, veterinary or medical] matter you should consult an appropriate professional.
Limitations of liability
CLUNY LIVESTOCK EXPORTS PTY LTD will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if CLUNY LIVESTOCK EXPORTS PTY LTD has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit CLUNY LIVESTOCK EXPORTS PTY. LTD. liability in respect of any:
death or personal injury caused by CLUNY LIVESTOCK EXPORTS PTY LTD negligence;
fraud or fraudulent misrepresentation on the part of CLUNY LIVESTOCK EXPORTS PTY LTD; or
matter which it would be illegal or unlawful for CLUNY LIVESTOCK EXPORTS PTY LTD to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
You accept that, as a limited liability entity, CLUNY LIVESTOCK EXPORTS PTY LTD has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against CLUNY LIVESTOCK EXPORTS PTY LTD officers or employees in respect of any losses you suffer in connection with the website.]
[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect CLUNY LIVESTOCK EXPORTS PTY LTD officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
a) You hereby indemnify CLUNY LIVESTOCK EXPORTS PTY LTD and undertake to keep CLUNY LIVESTOCK EXPORTS PTY LTD indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by CLUNY LIVESTOCK EXPORTS PTY LTD to a third party in settlement of a claim or dispute on the advice of CLUNY LIVESTOCK EXPORTS PTY LTD legal advisers) incurred or suffered by CLUNY LIVESTOCK EXPORTS PTY LTD arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
b) The client with regard to this website and the utilization of export services of CLUNY LIVESTOCK EXPORTS PTY LTD agrees that the Exporter will not be liable to the client for any, and will fully indemnify and hold harmless the Exporter, employees, officers, agents and authorised representatives from and against all, damages, rejections (after arrival at destination) losses, expenses, human error and costs arising from any injury, disease, failed disease tests or false positive disease test results on farm or isolation depot, failed disease tests for animals for blue tongue zones, rejections under ASEL version 3 (Australian Livestock Export Standards, effects of vaccinations, in the isolation depot in Australia and/or in the country of destination, , illness or death (in Australia or the country of destination), shortfall in numbers (either for live export or Embryo Transfer), non-pregnancy, miscarriage, estimates on duration of gestation of pregnancy, pregnancy status, of/by any animal(s) by the Export Agent due to any acts or omissions of the Export Agent, employees, officers, agents and authorised representatives from and against all in the ordinary course of handling and/or transporting, conducting ET (Embryo Transfer) programs (either in Australia or elsewhere) or live export, involving such animals, or due to any behaviour of the animal itself or that of other animals within its vicinity during the course of its handling and/or transportation or delivery by the Exporter, employees, officers, agents, contracted parties or authorised representatives, including but not limited to biting, kicking, fighting, jumping, misadventure, disease outbreak, goring or smothering, regardless of whether such behaviour is normal, natural or within the natural tendencies of such animal(s), or caused or contributed to by the environment surrounding such animals, during the normal course of its handling, holding during the ET program or live export and/or road or air transportation (in Australia or country of destination) by the Exporter or his agents or contracted parties, unless such injury, disease, illness or death was caused by the wilful, intentional and malicious misconduct of the Exporter, employees, officers, agents, contracted parties or authorised representatives either in Australia or beyond the airport of departure in Australia including rejection after arrival at Port of Destination and plane diversions to unscheduled port due to mechanical failure.
Under Incoterms 2010 Carriage and Insurance Paid To (CIP) or in relation to this order the exporter’s responsibility ends at the port of destination as the doors of the plane open (see also Attachment 1. page 7 subject to variations our T&C for doing business available by request.)
Terms & conditions for doing business are available upon request during contract finalization.
Breaches of these terms and conditions
Without prejudice to CLUNY LIVESTOCK EXPORTS PTY LTD other rights under these terms and conditions, if you breach these terms and conditions in any way, CLUNY LIVESTOCK EXPORTS PTY LTD may take such action as CLUNY LIVESTOCK EXPORTS PTY LTD deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
CLUNY LIVESTOCK EXPORTS PTY LTD may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
CLUNY LIVESTOCK EXPORTS PTY LTD may transfer, sub-contract or otherwise deal with CLUNY LIVESTOCK EXPORTS PTY LTD rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions, constitute the entire agreement between you and CLUNY LIVESTOCK EXPORTS PTY LTD in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the governed by the laws of State of New South Wales, Australia and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of [JURISDICTION].
Registrations and authorisations
CLUNY LIVESTOCK EXPORTS PTY LTD is a licensed Australian livestock exporter registered with the Department of Agriculture Forestry and Fisheries (DAFF). CLUNY LIVESTOCK EXPORTS PTY LTD Australian Livestock Export License is L0708.
[CLUNY LIVESTOCK EXPORTS PTY LTD is a member of the Australian Livestock Exporter’s Council (ALEC)
CLUNY LIVESTOCK EXPORTS PTY LTD subscribes to a clearly defined set of Terms & Conditions for conducting our livestock export business these are available upon request at the time of a contract for export services being finalised.
CLUNY LIVESTOCK EXPORTS PTY LTD details
The full name of the company is CLUNY LIVESTOCK EXPORTS PTY LTD and our Australian Company Number (ACN) is 163 858 857 .
[CLUNY LIVESTOCK EXPORTS PTY LTD is registered] under Australian Business Number (ABN) number 99 163 858 857.
CLUNY LIVESTOCK EXPORTS PTY LTD address is P.O. Box 520, Alexandria, NSW 2015, AUSTRALIA.
You can contact CLUNY LIVESTOCK EXPORTS PTY LTD by email to info@clunyexports.com