TERMS & CONDITIONS Welcome to the website of Schokolade. 1. Acceptance of Terms and Conditions Your access to the Schokolade website is conditional upon your acceptance and compliance with the terms, conditions, disclaimers and privacy statement contained in this document and elsewhere on the Schokolade website (“Terms and Conditions”). Your use of and/or continued use of the Schokolade website constitutes your agreement to the Terms and Conditions. 2. Access To use the Schokolade website you need to access the internet, including an appropriate computer, related equipment, and software (“Computer”), you are responsible for any connecting or accessing fees, and for installing, maintaining, and operating your Computer. Schokolade is not responsible for any problems caused to or by your Computer, including any virus or related problems with your use of the Schokolade website. 3. Restrictions a. The Schokolade website is available only for your personal, non-commercial use. b. You must not copy, reproduce, adapt, republish, combine, frame, post, upload,distribute, transmit or modify in any way all or any part of the materialcontained in this website unless expressly provided for on the website orexpressly authorised in writing by Schokolade. 4. Intellectual Property Rights You acknowledge and agree that all of the intellectual property rights in the Schokolade website are owned by or licensed to Schokolade. Any unauthorised copying, annotation, reproduction, communication or translation of the Schokolade website may infringe Schokolade’s intellectual property rights and may result in liability. 5. Warranties The Schokolade website and all information within, are provided on an ‘as is’ basis without any warranties of any kind. Except as provided by the Prescribed Terms, all warranties either express or implied by law, in any way relating to the website or its information or products, are excluded. In addition, Schokolade does not warrant that the website will operate error free or that this website and its servers are free of computer viruses and other harmful goods. If you experience any damage or liability through the use of the Schokolade website or the information therein, Schokolade will not be responsible for the costs relating to repair, servicing or any associated other costs. 6. Exclusions and limitation of liability a. You accept all responsibility and liability for your use of the Schokolade websiteincluding, but not limited to, all website material. You indemnify Schokolade against,and exclude Schokolade from any liability, which may arise in relation to your use ofthe website. b. The Schokolade website may contain links to other websites (“Linked Sites”) operatedby third parties. Schokolade is not responsible or liable for the content of these LinkedSites or for your transactions with them. Inclusion of Linked Sites is for yourconvenience only and does not imply any endorsement of the content on suchwebsites by Schokolade. The materials on any Linked Site are the responsibility of theoperator of the Linked Site and you link to any such Linked Site at your ownrisk. 7. Indemnity You indemnify, defend and hold harmless, Schokolade and its directors, officers agents, employees and Related Bodies Corporate, with respect to any claim, demand, cause of action, liability, loss, damage, expense (including legal fees on a solicitor client basis) and cost incurred by you or a third party as a result of any error in any information, opinion, recommendation or product in this site. 8. Trademarks All names, logos and trademarks on this website are the property of Schokolade. Nothing on the website should be interpreted as granting any rights to use or distribute any names, logos or trademarks of Schokolade without the express written agreement of Schokolade. 9. Copyright Copyright in this site is owned by Schokolade unless otherwise indicated. You are restricted from reproducing, transmitting or distributing the content of this site, or any part of it, in any way in any other document or materials. Should you wish to reproduce, transmit or distribute the content of this site, or any part of it, in any way in any other document or materials you must obtain Schokolade’s specific written content. 10. Governing Laws and interpretations The Terms and Conditions are governed by and construed in accordance with the laws of the State of Victoria and you agree to submit to the exclusive jurisdiction of the Victorian Courts and the Federal Court. 11. Miscellaneous If any provision of the Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms and Conditions which will continue in full force and effect. Schedule 1: Defined Terms a. Schokolade Means ‘Schokolade’ and ‘Molimis Holdings Pty Ltd’ (ACN: 118 308 759) of 209 Stud Road, Wantirna VIC 3152. b. Schokolade website Means the website located at: http://www.schokolade.com.au c. Prescribed Terms The Competition and Consumer Act 2010 (Cth) and all corresponding state legislation implies terms, conditions and warranties into some contracts for the supply of goods and services and prohibits the exclusion, restriction and modification of such terms. d. Related Bodies Corporate Has the meaning given in Section 50 of the Corporations Act 2001 (Cth). e. You Refers to the party accepting this terms and conditions through use of and/or continued use of the Schokolade website.