We cannot and do not guarantee or warrant that any files available for downloading through the site will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for virus detection, accuracy of data input and output and for maintaining an appropriate means for the reconstruction of any lost data.
Links from other sites to this site
Other sites may only link to the site with our prior written permission. Any site that links to the site:
Must link to our home page
Must not replicate site content
Must not create a browser or border environment around site content
Must not imply any endorsement by us
Must not misrepresent its relationship with us
Must not present false information about our products
Must not use our name or logos without prior written permission.
Security and availability
There are many inherent risks involved in operating a web site and transmitting information over the Internet. Unauthorised access and faults in computer systems and networks can and do occur which may result in the interception, corruption, alteration, non-delivery, incorrect delivery or loss of information transmitted over the Internet.
Consequently, we are unable to warrant that the site will be free from such risks or that your use of the site will be uninterrupted or error free.
We or third parties own and retain the copyright and other intellectual property rights in the materials found at the site including without limitation web pages, documents, text, designs, graphics, audio and video.
Unless otherwise expressly stipulated by us, you may only use the site for your personal use and may only print or make an electronic copy of information available on the site for that purpose.
You must not sell or otherwise commercially exploit any information made available at the site. You must ensure that all copyright notices are retained in any material copied from the site.
Subject to this limited right to use materials, you must not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any materials from the site in whole or in part without our prior written permission.
If you breach any of these conditions, then (without limiting your other liabilities) your authorisation to use the site automatically terminates and you must immediately destroy any downloaded or printed materials.
By submitting any material to the site or to us in connection with your use of the site, you thereby assign all intellectual property rights in that material to us. You must not submit material to the site if a third party has any intellectual property rights in that material.
Sale of goods or services
Unless otherwise stipulated by us, any sale of goods or services from the site is subject to the following conditions:
Fulfillment - we will endeavor to provide excellent, accurate and fast fulfillment of any orders placed using the site. However, we are is not liable for delays caused by suppliers, postal and courier companies or any other circumstances.
Currency - All transactions are in Australian dollars. If any amounts are shown in other currencies these are only indicative and may vary due to exchange rate variations at the actual time of transaction.
Credit card use ý If credit card payment is facilitated by the site, we undertake to use credit card details only as specified by you in relation to purchases made on the site. Illegal use of credit cards is a serious crime. We will report any suspicious activity and disclose all relevant evidence to credit card companies and law enforcement authorities.
Identity fraud - You must not impersonate any person or entity or enter a fictitious name or purport to be authorised to represent any entity if that entity has not authorised you to do so in connection with your use of the site.
Errors in description or pricing - Errors may occur in the description or pricing of products or services offered on the site. We may cancel any transaction if any such error occurs, notwithstanding any confirmation of an order or acceptance of payment.
Any supply of goods or services by us is subject to any express written warranties offered by us or a third party. Subject to any non-excludable rights, all other express and implied warranties relating to such goods and services are hereby excluded and the provisions of the above clause (liability arising from use of the site) apply.
The site is administered by us from offices in Ceduna, Australia. These conditions and your use of the site and any disputes between you and us shall be governed by and construed in accordance with the laws of the State of South Australia, without giving effect to any principles of conflicts of law.
Any legal proceedings arising out of or in connection with the use of the site must be commenced in the appropriate court in the State of South Australia.
You are solely responsible for ensuring that your use of the site is not prohibited and complies with your local laws.
If any provision of these conditions is unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these conditions and shall not affect the validity and enforceability of any remaining provisions.
Changes to conditions, site content or access
We may revise these conditions at any time by updating this web page. You are bound by such revisions and should therefore regularly revisit this page to review the then current conditions by which you are bound. Your continued use of the site after a revision of these conditions evidences your acceptance of that revision.
We may modify the content, nature or accessibility of the site as and when it sees fit. These conditions will continue to apply even if you cease to be permitted or able to use the site.
"Us" and "we" means the Cummins Milling; including its officers, employees, agents, contractors and contributors of site content.
"Non-excludable rights" means any conditions, warranties, rights or remedies which you may have pursuant to the Trade Practices Act 1974 or other legislation to the extent that those rights and remedies can not be excluded by agreement;
"Site" means any part of this and any other web site operated by or on behalf of us;
"Use" includes access or use or attempted access or use of any part of the site;
"You" means any person who uses the site.
Privacy provisions for this web site
Privacy and us
Cummins Milling ("we", "us" or "our") has adopted the following principles with respect to the privacy of personal information collected through this website ("Site").
By accessing and using our Site or by submitting information to us, you consent to our collection and use of personal information including information regarding employment and health in accordance with this Privacy Statement.
Collection and use of submitted information
We may collect and retain personal and other information about you ("submitted information") when:
You send us an email.
You complete and submit an online form.
A third party submits information about you to us.
The submitted information which we retain may include your email address and personal or commercial information which relates to the operation of our business and this site.
It is not practicable for submitted information to be provided to us anonymously.
You acknowledge and agree that submitted information may be used by us to the extent reasonably required in connection with the operation of our business.
This use may include the disclosure of submitted information to our agents and other third parties where reasonably necessary.
Whilst we endeavour to implement reasonable security precautions, we are unable to guarantee that unauthorised access to information submitted to us by you will not occur, either during transmission of that information using the Internet or after we receive that information.
If you submit information to any other site accessed through a link from our Site, the privacy principles applying to any information you submit to that site are outside our control. You should check the privacy policies of any other site before submitting information to that site.
When you visit our website, our servers record:
Your server (IP) address and machine name.
The date and time of visit to this website and time spent on particular pages.
Pages accessed and documents downloaded.
The number of bytes transmitted and received for each request.
The previous site or page visited.
The search engine and keywords used.
Any linked referral.
The type of browser used and its operating system (collectively called "clickstream data").
We may examine clickstream data to determine the traffic through the server as well as access levels to specific pages. No attempt will be made to identify you or your browsing activities from clickstream data except in the circumstances specified below.
If we or any authority suspect that unauthorised access or use of the Site has occurred or may occur or be attempted, we may gather, use and disclose more extensive information than indicated above regarding access or attempted access to the website for the purposes of prevention, detection, investigation or prosecution.
Access to personal information
We will provide you with access to your personal information on reasonable request and subject to your agreement to pay our access charges if:
It is practicable for us to do so and we have no other reasonable grounds for refusing access.
The request is not frivolous or vexatious.
Access will not have an unreasonable impact on the privacy of others.
The information does not relate to existing or anticipated legal proceedings (other than information accessible through the discovery process). Access will not reveal our intentions in relation to any negotiations with you. Access is not unlawful.
Denying access is not required or authorised by law.
Access will not prejudice any prevention, detection, investigation or prosecution of possible unlawful or improper activity.
We will correct any errors in the personal information which we collect about you upon receipt of written evidence from you which satisfies us that a correction is required.