LEGAL NOTICE
Legal Notice
Saputo Dairy Australia Pty Ltd ABN 52 166 135 486 and/or its affiliates (SDA or we) take pleasure in placing the present website (including all webpages therein, the Site) at your disposal for your personal, non-commercial use. By using this Site or downloading its content, you indicate your consent to being bound by all the terms and conditions of use (the Terms of Use) described below. We may change the Terms of Use at any time, at our sole discretion, by posting revisions to the Site, and your continued use of the Site indicates your agreement to the Terms of Use as they may be modified, changed or amended. Accordingly, we urge you to review the Terms of Use, and if you do not agree to the Terms of Use or any revisions thereto, please exit the Site immediately.
Permitted Use
You agree that you are only authorised to visit and view the Site for your own personal, lawful, non-commercial use. You may download pages from our Site for caching in a web browser and print pages from our Site for your own personal, lawful, and non-commercial use. Subject to these express permissions, you agree that you shall not reproduce, duplicate, download, sell, resell, publish, modify or otherwise distribute the material on the Site for any purpose without the express prior written consent of SDA. You agree not to interrupt or attempt to interrupt the operation of the Site. You must not: damage, disable, overburden, or impair the Site; use any unauthorised means to modify, reroute, or gain access to the Site or attempt to carry out these activities. You may not use any automated tool to mine the Site for information or to fill out any form on the Site. You also agree not to deep-link to the Site for any purpose, unless specifically authorised by us to do so.
Limited License
You are granted a limited, non-exclusive, revocable and non-transferable license to utilise, access and retain a copy of pages of the Site pursuant to the requirements and restrictions of these Terms of Use. SDA may change, suspend, or discontinue any aspect of the Site at any time. SDA may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site.
Violation of the Terms of Use
You understand and agree that in SDA’s sole discretion, and without prior notice, SDA may block your access to the Site, or exercise any other remedy available, if SDA believes that your use of the Site has violated or is inconsistent with these Terms of Use, or violates the rights of SDA, or any third party, or violates any applicable law, or you have otherwise engaged in any activity that we deem unlawful, offensive, abusive, harmful or malicious. You agree that monetary damages may not provide a sufficient remedy to SDA for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations.
Copyright Policy
We may, at any time and without notice to you, terminate the privileges of any user who uses the Site to unlawfully transmit copyrighted material without a license, express consent, valid defense, fair dealing exemption or fair use exemption to do so.
Representations By You
By visiting the Site, you represent, warrant and covenant that all materials of any kind submitted by you through the Site or for inclusion on the Site will not plagiarise, violate or infringe upon the rights of any third party including trade secret, copyright, moral right, trademark, trade dress, privacy, patent, or other personal or proprietary rights.
You also represent and warrant that: (i) you will not select or utilise a user name of another person with intent to impersonate that person; (ii) you will not select or utilise a user name to which another person has rights, if you do not have that person's authorisation to use such name; and (iii) you will not select or utilise a user name that SDA in its sole discretion deems offensive.
Applicable to U.S. Residents Only: By visiting the Site, you also represent, warrant and covenant that you are at least 13 years old, as the Site is not intended for children under 13. If you are under 13 years of age, then you are not authorised to use or view the Site.
Our Intellectual Property
This Site is owned and operated by SDA. This Site contains several trademarks, names, packaging designs, copyrights and other forms of intellectual property of great value to Saputo Inc. and/or its subsidiaries or other entities under its direct or indirect control (individually or collectively designated herein as Saputo), the ownership and use of which are the exclusive property of Saputo (the Saputo Intellectual Property). You acknowledge that all content and materials available on this Site, including the Saputo Intellectual Property (the Site Content), are protected by national and international copyrights, trademarks, service marks, patents, trade secrets, know-how or other proprietary rights and laws, all of which are owned by Saputo or our licensors.
Saputo or our licensors retain all rights to the Site Content. Unless otherwise expressly indicated, no one has permission to, in any form, sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from (collectively, Republish), any Site Content. No Site Material or any material from any website owned, operated, licensed or controlled by Saputo may be Republished for any purpose without the express prior written consent of Saputo.
Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without Saputo’s express written permission is prohibited.
You are not permitted to use the trademarks displayed on the Site without the prior written consent of Saputo or the third party that may own the trademarks.
Accuracy and Completeness
SDA endeavors to provide current and accurate information and material on this Site. However, errors, inaccuracies, misprints, omissions or other errors may occur and SDA reserves its right to correct same and to change or update information and material at any time without prior notice. To the extent permitted by law, SDA does not warrant that the information and material available on this Site is accurate, reliable, complete or current. The information and material available on this Site, including all stock price information, is for general information only and is not to be relied upon for any trading, business or financial purpose.
DISCLAIMER
YOUR USE OF THIS SITE AND SITE MATERIAL IS ENTIRELY AT YOUR OWN RISK.
SDA TAKES REASONABLE STEPS TO PROTECT INFORMATION FROM UNAUTHORISED ACCESS, COLLECTION, USE, DISCLOSURE, COPYING, MODIFICATION OR DISPOSAL IN A MANNER COMMENSURATE WITH ITS SENSITIVITY, VALUE AND CRITICALITY. YOU EXPRESSLY AGREE THAT ALL SITE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE SITE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, SUBJECT TO ANY WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER SDA OR ITS AFFILIATED COMPANIES, NOR OUR LICENSORS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES MAKE ANY WARRANTY THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT THE SITE DOES NOT INCLUDE ANY DEFECTS OR ERRORS AND THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.
LIMITATION OF LIABILITY
SUBJECT TO ANY RESPONSIBILITIES IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, SDA, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OUR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM ANY ERRORS OR INFORMATION PROVIDED OR OMITTED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, EXTRA CONTRACTUAL OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU AGREE THAT THE ABOVE LIMITATIONS OF LIABILITY TOGETHER WITH THE OTHER PROVISIONS IN THE TERMS OF USE THAT LIMIT LIABILITY ARE ESSENTIAL AND THAT SDA WOULD NOT BE WILLING TO GRANT YOU THE RIGHTS SET FORTH IN THE TERMS OF USE BUT FOR SUCH LIMITATIONS OF LIABILITY; YOU ARE AGREEING TO THESE LIMITATIONS OF LIABILITY TO INDUCE SDA TO GRANT YOU THE RIGHTS SET FORTH IN THE TERMS OF USE.
Indemnification
You agree to defend, indemnify, and hold harmless SDA and our employees, agents, representatives, officers and directors (each, an Indemnitee) from and against all liabilities, claims and expenses, including legal fees, that arise from your use or misuse of the Site or Site Content or your violation of the Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You are not permitted to settle, or consent to any entry of judgment in, any asserted claim or action that would entitle an Indemnitee to indemnification without SDA’s written consent.
Forward-Looking Statements
This Site and Site Content may contain or make reference to statements which are forward-looking statements within the meaning of applicable securities laws. These forward-looking statements include, among others, statements with respect to our objectives, outlook, business projects, strategies, beliefs, expectations, targets, commitments, goals, ambitions and strategic plans including our ability to achieve these targets, commitments, goals, ambitions and strategic plans, and statements other than historical facts. The words “may”, “could”, “should”, “will”, “would”, “believe”, “plan”, “expect”, “intend”, “anticipate”, “estimate”, “foresee”, “objective”, “continue”, “propose”, “aim”, “commit”, “assume”, “forecast”, “predict”, “seek”, “project”, “potential”, “goal”, “target”, or “pledge”, or the negative of these terms or variations of them, the use of conditional or future tense or words and expressions of similar nature, are intended to identify forward-looking statements. All statements other than statements of historical fact included in this Site and Site Content may constitute forward-looking statements within the meaning of applicable securities laws.
By their nature, forward-looking statements are subject to a number of inherent risks and uncertainties. Actual results could differ materially from those stated, implied, or projected in such forward-looking statements. As a result, we cannot guarantee that any forward-looking statements will materialize, and we warn readers that these forward- looking statements are not statements of historical fact or guarantees of future performance in any way.
Management believes that these estimates, expectations, and assumptions are reasonable as of the specific date of such forward-looking statements, and are inherently subject to significant business, economic, competitive, and other uncertainties and contingencies regarding future events, and are accordingly subject to changes after such date. Forward-looking statements are intended to provide shareholders with information regarding SDA, including our assessment of future financial plans, and may not be appropriate for other purposes. Undue importance should not be placed on forward-looking statements, and the information contained in such forward-looking statements should not be relied upon as of any other date.
All forward-looking statements included in this Site and Site Content speak only as of the specific date of such forward-looking statements. Except as required under applicable securities legislation, we do not undertake to update or revise forward-looking statements, whether written or verbal, that may be made from time to time by itself or on our behalf, whether as a result of new information, future events, or otherwise. All forward-looking statements included in this Site and Site Content are expressly qualified by this cautionary statement.
Investment Decisions
Neither the information nor the material contained in the pages of this Site constitutes an offer or solicitation of securities in any jurisdiction. This information and material is in no way intended to be interpreted, amended, modified or completed with the help of information otherwise available on this Site or through the medium of this Site. This information and material is regularly made available solely as a service, and is not an official version of documentary material published by SDA and/or its affiliates under the terms of applicable securities legislation.
Links to Other Websites
The Site contains links to sites operated by third parties throughout the Internet. SDA has no control over these sites or the content within them. Your linking to any sites from this Site is wholly at your own risk. Subject to any applicable law which cannot be excluded, SDA does not guarantee, represent or warrant that the content contained in any third party sites is accurate, legal and/or inoffensive. Subject to any applicable law which cannot be excluded, SDA is not responsible for and does not endorse or make any representation or warranty about materials, information, goods or services available through these sites, or any privacy or practices of such sites, including any representation that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and covenant that you may not make any claim against Saputo for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site.
Confidential or Exclusive Information
SDA appreciates your interest and invites you to forward your comments and suggestions on this Site and our products. On the other hand, SDA does not solicit and does not wish to receive any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing our products or any new products.
SDA does not accept unsolicited ideas for new products, packaging, marketing, advertising, research, business operations and the like. If you send to SDA any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services. Should you choose to submit an idea or information to SDA, you agree that such information or material becomes and remains the sole and exclusive property of SDA without further liability or compensation to you. All such submissions shall be deemed the property of SDA, and your submission of idea or information shall constitute an irrevocable assignment to SDA of all worldwide rights, title, and interests in all languages and in perpetuity in such idea or information to use and exploit all or any part of the idea or information provided by you at our sole discretion by any method now existing or later developed. By submitting information, you agree that SDA has an unlimited and irrevocable right to publish such information, to use it as part of our commercial operations, and to incorporate its concepts in SDA’s products without liability or compensation to you.
Jurisdictional Issues
Unless otherwise specified, the information and material on this Site is presented solely for the purpose of promoting SDA’s products. SDA makes no representation that information or material depicted on the Site is appropriate or available in all locations.
This agreement shall be governed by and construed in accordance with the laws of the State of Victoria and the Commonwealth of Australia. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the courts of Victoria and the Commonwealth of Australia, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
You may not use any information or material from this Site in violation of any applicable laws or regulations.
Privacy Policy
By using this Site, you agree to be bound by SDA's Privacy Policy.
Miscellaneous
If any provision of these Terms of Use should prove to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. SDA's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any right on its part. These Terms of Use constitute the entire agreement between the parties relating to the subject matter herein, supersede all prior or contemporaneous communications and proposals between you and SDA with respect to the Site, and shall not be modified except in writing. Section titles in the Terms of Use are for convenience and do not define, limit, or extend any provision of the Terms of Use.
Effective Date; Modification of Terms of Use
Effective date: December 1st, 2019.
Last revised: August 5th, 2022.
SDA reserves the right to change these Terms of Use at any time by updating this posting, with the modified Terms of Use taking effect on the date of posting. Your continued use of the Site after such modifications will constitute your: (a) acknowledgment of the modified Terms of Use; and (b) agreement to abide and be bound by the modified Terms of Use.
Contact Us
If you have any questions about these Terms of Use or our practices related to this Site, you can contact us via our contact us page. Please provide a sufficiently detailed question or description of your concern. If you have requested to be on a mailing list and you wish to cancel that request, you can communicate with SDA’s Communications Department by using the contact us page, if it’s an e-mail mailing list, by clicking "unsubscribe" at the bottom of the e-mail.
