Terms of Use

If you do not agree to any of the following terms of use, please do not use this site.

  1. Introduction

This website and its content (Website) is owned and operated by Botanical Food Company Pty Ltd ACN 085 074 282 (“we”, “us”, “our”).

We are an Australian company, with operations based in Australia. 

We aim to provide consumers around the world with an informative and interesting Website full of details about our new and current products, recipe ideas, as well as health and nutrition information relating to the use of our fresh herbs and spices in your daily diet. 

By accessing and using this Website, you agree to the Terms of Use set out below, to the terms of our Privacy Policy, the terms of our Social Media Policy and any other terms and/or conditions set out elsewhere on this Website.

We may change the Terms of Use at our discretion and without notice. A version of the current Terms of Use will be available on the Website as they are changed. By continuing to use our Website you accept the Terms of Use as they apply from time to time.

The law applicable to use of the Website and to disputes arising out of the Website is the law of the State of Queensland in Australia. In the event that any provision of the Terms of Use is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms of Use will remain in full force and effect.  We make no representation that the content of the Website complies with the laws of any country outside Australia.  All rights not expressly granted herein are reserved.

  1. Content on this Website

At all times we will endeavour to ensure that all information on this Website (Content) is accurate. We will update the Website and Content regularly. While we have used our best endeavours to ensure that the Content contained on and accessed through the Website is correct and current at the time of publication, we do not accept responsibility for any error, omission or defect in the information.

The Content on this Website is provided for general information purposes only.  Please consult your health care provider if you wish to obtain nutritional advice specific to your personal health care needs.

  1. Limitation of Liability

To the fullest extent permissible by law, we and our associated companies:

  1. make no representation, warranty or endorsement of any kind, express or implied, about the Website or any of the Content; and
  2. do not warrant that the functions on the Website will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits Content to you is free of viruses or other harmful components.

Subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on our part) will we, or our associated companies, accept liability for any direct, indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access the Website.

  1. Competitions

This Website may contain competitions from us or third parties. The terms and conditions for those competitions will be specified on the relevant part of the Website from time to time. By entering or participating in the relevant competition you agree to be bound by the relevant terms and conditions in addition to these Terms of Use. To the extent of any inconsistency the terms and conditions of the relevant competition will prevail. We retain the right, at any time and without notice, to remove, alter or add to competitions on the Website.

  1. Forums and Public Communications

We may allow you to submit various materials on to the Website including comments, recordings and images (Submissions). When making Submissions you, unless we advise otherwise, license and grant us a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, communicate, publish, copy, distribute, and display such Submissions or any concept described in it for any purpose in any media, without compensation, restriction on use, attribution or liability. You agree not to assert any moral rights in relation to such use. You warrant that you have the full authority to grant these rights.

When making Submissions and participating in forums on our Website you acknowledge that:

  1. You take responsibility for postings under your username;
  2. You use the information provided in the forums at your own risk.  Information obtained in a forum may not be reliable, and it is not a good idea to take any action based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading, investment, or any other decisions made based on such information;
  3. Any Submission you make by way of any forum on our Website is routed through our servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission;
  4. We do not guarantee and are under no obligation, to take action in response to any suggestions or requests placed by any person within a Submission; and
  5. The forums on our Website and features on the Website are forums for public and not private communications. We cannot guarantee the security of any information you disclose publicly online and you make such disclosures at your own risk.

When making Submissions on our forums, you agree to comply with the terms of our Social Media Policy and not do any of the following:

  1. post, distribute, or otherwise make available or transmit any data, text, or message, that we deem:
    1. to be defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking;
    2. to be bigoted, hateful, or racially offensive;
    3. to be vulgar, obscene, or sexually explicit (language or images);
    4. encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; or
    5. infringes and/or violates any domestic or international law, rule, or regulation or make statements that do not generally pertain to the designated topic or theme of any Forum;
  2. advertise or sell any products, services or otherwise (whether or not for profit), or solicit others or use any forum for commercial purposes of any kind;
  3. impersonate any person or entity or misrepresent your identity or affiliation with any person or entity; and
  4. engage in antisocial, disruptive, or destructive acts, including "flaming", "spamming", "flooding", "trolling", and "griefing" as those terms are commonly understood and used on the Internet.

You understand and agree that you are solely and fully responsible for your Submissions, including any breach of these terms, and we shall not be liable in any way for such Submissions, to the full extent permitted by law.   We reserve the right to:

  1. remove any material, and if we deem appropriate, to turn over to law enforcement officials, any material, including message, e-mail, or posting, that is in violation of these terms;
  2. remove messages, emails, or postings that do not pertain to the designated topic or theme of the forum;
  3. comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using the Website in violation of the law;
  4. either via staff posting or otherwise, initiate any discussion based on feedback from members;
  5. otherwise remove or edit content from any forum at any time and for any reason although it has no duty to do so.

For more information, please refer to our Social Media Policy.

  1. Intellectual Property & Restrictions on Use of Content

All information, graphics, and other material on this Website is owned or licensed by us or one of our affiliates and is protected by Australian and international laws relating to copyright, designs and trademarks. You must not use the Content in any manner or for any purpose that is unlawful or in any manner which violates any of our rights. You must not edit or otherwise modify, copy or otherwise reproduce, transmit or otherwise distribute any of the Content except for a purpose which would reasonably have been intended by us.

  1. External Links and Advertisements

The Website contains links to websites maintained by other organisations over which we have no control.  The Website may also contain third party advertisements which contain embedded hyper-links to web sites operated by third parties.

We assume no responsibility and accept no liability for the condition or content of third party websites that may be linked to or accessed from the Website. We make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material or advertising on external sites to which the Website is linked, nor are we responsible for the availability of these external links.

We do not necessarily sponsor, endorse, or approve any material or advertising on external sites or the operations of external sites.  You should refer to the relevant external site or advertiser for information on its products or services and use their information, products and services solely at your own risk.

  1. Privacy

By accessing and using this Website, you agree to the terms of our Privacy Policy. 

We will only collect personal information where it is reasonably necessary to do so for the conduct of our business.  We may collect personal information from you when you participate in the Website by:

  1. subscribing to the e-newsletter;
  2. make Submissions (see Forums and Public Communications section above);
  3. contact us through the Website or ask us to contact you after visiting the Website;
  4. you fill in an application form or entry form for one of our competitions on the Website; or
  5. you purchase one of our products on the Website.

We use personal information you provide only for purposes consistent with the reason you provided it, or for a directly related purpose.  Any personal information you provide to us is stored and held under industry best-practice standards of technology and operational security and in accordance with Australian privacy laws.

Some of the Content appearing on our Website may be supplied by third parties.  We may also be required to temporarily provide personal information to companies who perform services for us, such as specialist information technology companies, or other contractors.  In such cases, we will ensure that our contractual arrangements with these third parties protect your personal information in compliance with the Australian privacy laws.

For more information on privacy, please refer to our Privacy Policy.