Terms & Conditions

Terms and Conditions of business

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Terms and Conditions for Use

As a user of the Swift & Company website (‘www.swifttrade.com.au’) (Swift & Company being a division of JBS Australia), you are bound by the following terms and conditions. Accordingly, you should review them in relation to all or part(s) of the website.

Licence

By allowing you to access this website, JBS Australia grants to you a licence. By accessing the website, you accept the terms and conditions of this licence.

Pursuant to this licence and subject to the absolute right of JBS Australia to vary access to all or any part(s) of the website, you acquire a non-exclusive right to:

•   View the material in the website

•   Access material contained in the website

•   Use the website strictly in accordance with the provisions of this licence.

If you wish to download and use any material contained in the website for a temporary purpose (such as viewing offline), you may do so.

Downloading material contained in the website for reproduction by you may only be done upon receipt of prior written consent from JBS Australia. All requests and enquiries should be directed to the Head of Corporate and Regulatory Affairs on (07) 3810 2100 or email info@jbssa.com.au

Your Obligations

You hereby undertake the following obligations:

•   To not copy or translate for commercial use, reproduce, adapt, vary or modify any material in the website without the express consent of JBS Australia, except as expressly authorized by this licence.

•   To ensure your employees, subcontractors and other agents (if any) who have authorized access to the website are made aware of these terms and conditions.

•   To not provide or otherwise make available any material in the website in any form to any person other than employees, subcontractors and other agents (if any) without the written consent of JBS Australia.

•   To not use the material in the website for, or in connection with, a service bureau operation.

Warranties

JBS Australia does not warrant that the material in the website is accurate, complete or up to-date. The existence of inaccurate, incomplete or superceded material in the website will not cause JBS Australia to be in breach of the terms of this licence.

JBS Australia reserves the right to change, add or remove any material in or from the website without notice.

JBS Australia does not warrant that the functions contained in the website or third-party websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in the website and other third-party websites are free of viruses or other harmful components.

JBS Australia will not be liable for any indirect or consequential losses arising out of a breach of this licence, or arising out of the supply of a defective program or incorrect materials.

Intellectual Property Rights

You acknowledge that the material in the website is the subject of copyright© and that it is the subject of other intellectual property and legal rights (including third-party rights).

You must not, during or at any time after the expiry or termination of this licence, permit any act which infringes any of those rights and, you specifically acknowledge that you may not copy the material in the website, except as otherwise expressly authorized by this licence.

Trademarks

‘JBS Australia’ and all associated trademarks are trademarks of JBS Australia and their related bodies corporate.

Indemnity

You must indemnify and keep JBS Australia indemnified fully against all liabilities, damages, claims, losses, costs and expenses, which JBS Australia may incur to a third party or you as a result of your breach of the provisions of this licence.

This website contains hyperlinks to other websites operated by third parties. You accept that JBS Australia has no control over, and is not responsible for, any material contained on any third-party websites. You may be required to comply with all requirements of any third party over the conditions of use of that third party’s website.

Users are prohibited from placing a link to the Swift & Company website (www.swifttrade.com.au) without the prior written consent of JBS Australia and on terms satisfactory to JBS Australia. All enquiries should be directed to the Head of Corporate and Regulatory Affairs on (07) 3810 2100 or email info@jbssa.com.au.

Disclaimer

You accept that JBS Australia takes no responsibility for any error or omission relating to the material contained in the website.

You accept that JBS Australia makes no undertakings to provide access to the website at any particular time, or for any particular length of time. You agree that JBS Australia will not be held liable for any lapse in the website’s accessibility, or any consequences whatsoever that flow from the unavailability of the website.

Terms Of Licence

This licence commences upon you accessing the website and is granted in perpetuity. However, the licence may be terminated without notice by JBS Australia if you are in breach of any terms of this licence.

Upon termination, you or your representative must destroy any copies, electronic and printed, of material obtained from the website that you have in your possession or under your control or otherwise return or dispose of such material in the manner directed by JBS Australia.

Termination pursuant to this clause shall not affect any rights or remedies, which JBS Australia may otherwise have under this licence or at law.

Amendments To This Licence

These are the current terms and conditions of the licence.

JBS Australia may at any time vary and amend the terms and conditions of this licence by publishing the varied Terms and Conditions of Use on the website. You accept that by doing this, JBS Australia has provided you with sufficient notice of the variation and amendment.

It is your responsibility to familiarize yourself with the current terms and conditions each time you visit the website.

Jurisdiction

This licence shall be governed by and construed according to the laws of the state of Victoria, Australia.

Definitions

‘JBS Australia’ means JBS Australia Pty Limited, and all of its related bodies corporate. A related body corporate means a related body corporate as defined in the Corporations Law of Australia.

‘Hyperlink’ means any mechanism of providing a link from one location on the Internet (or a web page) to another location on the Internet (or a different web page, or a different location on the same web page), and includes any mechanism for linking to, or providing access to, files via the Internet.

‘Intellectual Property’ means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention of 1967, in any inventions, designs, trademarks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via the JBS Australia website.

Last Updated March 2015