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BY CLICKING ON THE "I AGREE" BUTTON, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS AND THAT YOU AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE PFN SERVICE. UNDER THIS AGREEMENT WE LIMIT OUR LIABILITY TO YOU AND YOU INDEMNIFY US AGAINST CERTAIN LOSSES WE MAY SUFFER IN CONNECTION WITH YOUR USE OF THE PFN SERVICE

1. Agreement – These Terms and Conditions constitute the entire agreement in relation to the System and your use of the System, and Lactalis's grant of access to the System to You is subject to your acceptance of these Terms and Conditions.
2. Lactalis means Lactalis Australia Ltd ABN 56 072 928 879 of Level 5, 35 Boundary Street, South Brisbane QLD 4101, Australia, and each of its related bodies corporate (as defined under the Corporations Act 2001 (Cth)) from time-to-time. PFN Service means the Lactalis Franchise Network (PFN) system including hosting services. You (and Your) refer collectively to you, and each of your employees, agents, contractors, related bodies corporate or other third parties who access the PFN on your behalf.
3. Access – Notwithstanding your acceptance of these Terms and Conditions, Lactalis is under no obligation to provide access to the PFN Service and Lactalis may suspend or terminate access to the PFN Service at any time without notice to you.
4. User name and password – Lactalis may require you to use a user name and password or other authentication or security method in order to access and use the PFN Service. You must keep your user name and password secure at all times.
5. Liability – You are responsible for all access and use of the PFN Service using your user name and password. Each act or omission in the course of such access is deemed to have been performed by you, regardless of whether that act or omission was undertaken by you.
6. Unauthorised Activity – You must immediately notify Lactalis if you become aware of any suspected or actual unauthorised activity, including prohibited disclosure or use of your user name and password, or the existence or exploitation of any security vulnerability, weakness, or threat in the PFN Service. You must take all steps reasonably within your power to mitigate, prevent or stop any such conduct and provide all assistance reasonably requested by Lactalis in relation to any actions or proceedings may take against any person for any such conduct.
7. Privacy – In addition to our privacy statement set out at www.parmalat.com.au the following privacy provisions relate to the use of this System: We may use and disclose your personal information to third parties and other bodies (including local and overseas (U.S, Europe, Asia and South America) hosting services providers and other contractors providing services to us) for the purposes of providing you with access to the services provided by the PFN Service.
8. Intellectual property – The System includes material which may be protected by copyright, trade mark, or other intellectual property laws in Australia or elsewhere. You represent and covenant that you will not infringe or permit or assist any other person to infringe the intellectual property rights owned by or licensed to Lactalis from time to time and use your best efforts to protect and prevent such intellectual property rights from such infringement by unauthorised third parties, and that you will comply with all of your obligations under all applicable laws.
9. DISCLAIMERS – TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATION OR WARRANTY (EITHER EXPRESS, IMPLIED OR STATUTORY) ABOUT THE PFN SERVICES, THE ACCURACY, VERACITY TIMELINESS OR CONTENT OF ANY INFORMATION OR DATA CONTAINED IN OR PROVIDED BY A SERVICE, CONTINUED ACCESS TO OR USE OF THE PFN SERVICE, AVAILABILITY OF THE PFN SERVICE, BACKUP OR BUSINESS CONTINUITY IN RESPECT OF THE PFN SERVICE, THE MERCHANTABILITY, FITNESS, QUALITY OR SUITABILITY FOR A PARTICULAR PURPOSE OF THE PFN SERVICE OR DATA, THE PFN SERVICE OR DATA BEING ERROR OR MALICIOUS CODE FREE, SECURE, CONFIDENTIAL OR PERFORMING AT ANY PARTICULAR STANDARD OR HAVING ANY PARTICULAR FUNCTION. WE PROVIDE THE PFN SERVICE ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, AND DO NOT WARRANT THAT IT WILL BE AVAILABLE FOR USE OR AT ALL.
10. LIMITATION OF LIABILITY – TO THE EXTENT THAT CONDITION OR WARRANTIES IMPLIED BY LAW IN RELATION TO THE PROVISION OF A SERVICE CANNOT BE EXCLUDED, OUR LIABILITY FOR ANY LOSS ARISING OUT OF A BREACH OF SUCH AN IMPLIED CONDITION OR WARRANTY IS LIMITED TO THE SUPPLY OF THE SERVICE AGAIN, OR THE COST THEREOF, AT OUR DISCRETION. ALL SUCH IMPLIED CONDITIONS AND WARRANTIES ARE EXCLUDED, TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE ARE NOT LIABLE TO YOU IN ANY WAY FOR ANY INDIRECT OR CONSEQUENTIAL LOSS, LOSS OF REVENUE OR PROFIT, LOSS OF OPPORTUNITY, PURE ECONOMIC LOSS OR ANY DAMAGE (INCLUDING LOSS OF DATA AND/OR ANY LOSS OR DAMAGE THAT MAY REASONABLY BE SUPPOSED TO HAVE BEEN IN THE CONTEMPLATION OF THE PARTIES AS AT THE DATE OF THIS AGREEMENT AS A PROBABLE RESULT OF ANY ACT OR OMISSION) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. WE ARE NOT LIABLE TO YOU OR A THIRD PARTY FOR LOSS SUFFERED BY YOU OR A THIRD PARTY CAUSED BY AN ACT OR OMISSION OF US IN RESPECT OF SECURITY OF THE PFN SERVICE, OR UNAUTHORISED ACCESS TO THE PFN SERVICE, HOWEVER THAT LOSS ARISES.
11. YOU INDEMNIFY US, OUR OFFICERS, EMPLOYEES AND AGENTS AGAINST ANY CLAIM, LIABILITY, LOSS, DAMAGE, COSTS (INCLUDING THE COST OF ANY SETTLEMENT AND LEGAL COSTS AND EXPENSES ON A SOLICITOR AND OWN CLIENT BASIS), AND EXPENSES ARISING OUT OF OR AS A CONSEQUENCE OF A DEFAULT OR BREACH OF THIS AGREEMENT, AN UNLAWFUL OR NEGLIGENT ACT OR OMISSION ON YOUR PART (INCLUDING IF RELEVANT YOUR OFFICERS, EMPLOYEES, AGENTS OR SUBCONTRACTORS) IN RELATION TO YOUR USE OF THE PFN SERVICE.
12. Jurisdiction – This agreement is governed by the laws of Queensland and the laws of the Commonwealth of Australia in force in Queensland. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Queensland and relevant Federal Courts and Courts competent to hear appeals from those Courts.