Website Terms

This is the website terms (terms) for Harvest Road Group Pty Ltd (ACN 169 138 014) and its related entities (referred to herein as we, us or our).

By using this website, you agree to these terms. If you do not agree to these terms, you should not use this website.

We may change these terms from time to time. If you continue to access this website following such a change, then you will be deemed to have agreed to the changed terms.

Acceptable use

Prohibited conduct

In accessing and using this website you must not engage or attempt to engage in any activities that:

download (other than page caching) or modify this website or any portion of this website;
impersonate or falsely claim to represent a person or organisation;
are commercial, including selling, marketing, advertising or promoting goods or services;
frame this website without our express written permission;
post, link to, communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content, or otherwise use this website in a manner which is unlawful or would infringe the rights of another person (including any intellectual property rights);
provide access or links to any content (including links to peer to peer network trackers/beacons) which may infringe the intellectual property rights of another person;
bypass (or attempt to bypass) any security measures that we use in relation to this website;
delete or alter or attempt to delete or alter attributions, legal notices, trade marks or copyright marks on any content on this website; or
post or transmit or permit the posting or transmission of any content which contains a computer virus or other harmful data, code or material.

Saving, printing or sharing content

You may save a local copy or print a copy of any of the content on this website for your own personal, non-commercial use, provided you do not remove any copyright notices. For clarity, you must not use the content for any non-personal or commercial use, including the sharing of the content with others (whether via another website or otherwise) or charging any third parties to use or access the content.

Linking to this website

You are welcome to link to this website, provided that in doing so:

you do not use any of our trade marks without our permission or use any other trade mark which appears on this website without the permission of the owner of that trade mark; and
you do not link to this website from a website or in a manner which disparages or may disparage our reputation, or the reputation of our commercial partners, customers, suppliers or advertisers.

Other uses

Please contact us if you would like to use content from this website in a manner other than as set out above, as we will need to consider your proposed use and decide whether to provide our written permission to you.

Third party content, products and services

Some of the content on this website may have been obtained from third parties who have licensed us to use that content. The inclusion of such content on this website is not an endorsement of any organisation, product, service or advice.

This website may include links to third party websites (including Facebook, Twitter and other social media platforms). These websites are not covered by these terms and may have their own terms and conditions and privacy policy (third party terms). If you choose to access these websites, you do so at your own risk and subject to the applicable third party terms. We have not reviewed all of these websites and are not responsible for (and will not be liable in respect of) their content or accuracy or how they treat your personal information. Our linking to these websites is not an endorsement of the website or of any organisation, product, service or advice.

Intellectual property

This website contains copyright, trade marks and other forms of intellectual property (intellectual property)owned or licensed by us. All rights in relation to such intellectual property are reserved. Except where we otherwise agree in writing, you must not use such intellectual property, including by copying, framing, modifying, transmitting or distributing the intellectual property.

Privacy

Please refer to our privacy policy for information on how we collect, use, store and manage personal information, and your rights in relation to such personal information, available on this website. By using this website, you acknowledge our privacy policy (as amended from time to time).

Cookies and analytics

What we know about you from visiting this website

When you visit this website, our web server automatically records some general information about your visit. This information includes your server address, the date and time of the access, the pages accessed and documents downloaded, the previous website visited, and the type of browser used. We may use this information, or make the information available to third parties, for the purpose of analysing website traffic and improving our website and general business.

This website uses cookies, which are widely used to make websites work and to improve their functionality. Disabling cookies should not affect your overall website experience. We do not collect or store personal information in any cookies originating from this website. However, Facebook and Google provide third party analytical services to us in respect of this website. A summary of how we use third party services and links is set out below, together with information provided by those third parties as to their services and options to opt out.

Google tools

This website uses:

Google Analytics: a service which transmits website traffic data to Google servers in the United States. We use reports provided by Google Analytics to help us understand website traffic and webpage usage; and
Google remarketing technology: a service which allows Google to display relevant content based on the pages on this website you have viewed. The content will be displayed using cookies. These cookies do not record any personal information or identify you personally.

By using this website, you consent to Google processing data about you for the purposes set out and in the manner described in Google’s data protection policy (which can be accessed here: https://www.google.com/intl/en/policies/privacy/). To opt out of Google Analytics you should disable or refuse the cookie, disable JavaScript, or use the opt out service provided by Google here: https://tools.google.com/dlpage/gaoptout.

Facebook tools

We may use Facebook Advertising, Facebook Pixel Re-Marketing and other Facebook tools. These tools allow us to understand and deliver content and make it more relevant to you. The collected data remains anonymous and we cannot see the personal data of any individual user.

However, the collected data is saved and processed by Facebook. Facebook may be able to connect the data with your Facebook account and use the data for their own advertising purposes, as set out in Facebook’s Data Use Policy (which can be accessed here: https://www.facebook.com/about/privacy/).To opt-out of Facebook’s use of cookies and Facebook Pixel Re-Marketing, you should use the settings on your Facebook account.

Other social media

We also use interfaces with social media websites, including Facebook, LinkedIn and Twitter. If you choose to “like” or “share” information from this website through these services, you should review the privacy policy of that service. If you are a member of a social media website, the interfaces may allow the social media website to connect your visits to this website with other personal information.

Disclaimers and exclusions

General exclusions

The content on this website is made available for general information purposes only and does not constitute professional advice or recommendations. Any use of (or reliance on) such content is at your own risk. You should not use such content as a substitute for consulting with qualified professionals as to your particular circumstances and needs.

We do not warrant the accuracy, adequacy, reliability or completeness of the content on this website and expressly disclaim liability for defects, errors or omissions in such content.

To the fullest extent permitted by law, we disclaim all representations, warranties, conditions and guarantees (whether express or implied) in relation to this website and its content, including under legislation, common law, equity, trade, custom or usage. We do not offer any warranties or make any representations in relation to any third party goods or services described or referred to on this website.

Access and communication

We do not warrant that you will have continuous access to this website and will not be liable if this website is unavailable to you for any reason. We do not provide, and have no control over, communications, networks or services, the internet or other technology required or used across this website and accept no responsibility for any loss or damage associated with them, whether due to congestion, technical malfunction, viruses or otherwise. While we take reasonable precautions to protect information transmitted via this website, we cannot and do not guarantee the security or confidentiality of these communications or the security of this website.

International use

If you choose to access this website from any location outside Australia, you do so at your own risk and are responsible for compliance with all applicable laws. You are not authorised to access this website from any location where doing so would be illegal.

Exclusion and limitation of liability

General exclusion

To the fullest extent permitted by law, we exclude all liability for losses, damages and claims arising out of or in connection with this website (including any use of or reliance on the content on this website), these terms or any supply of goods or services pursuant to these terms, including liability in respect of any breach of contract, tort (including negligence) or any other common law, statutory or other action.

Consequential loss

To the fullest extent permitted by law, we exclude all liability to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising out of or in connection with this website (including any of the content on this website), any links to or from this website or the goods and/or services advertised, referred to on or supplied pursuant to this website.

Consumer guarantees

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy (guarantee) you may have under the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified. To the fullest extent permitted by law, our liability for a breach of such a guarantee is limited, at our option, to:

in the case of goods supplied or offered by us: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; or
in the case of services supplied or offered by us: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again.

Termination of your access to this website

We may at any time immediately terminate your access (including restricting access) to this website or any feature of this website for any reason (including due to your breach or alleged breach of these terms) in our sole discretion and without prior notice.

General terms

These terms are governed by and must be construed in accordance with the laws of the State of Western Australia, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these terms, their performance and subject matter.

Each provision of these terms is severable from the others and no severance of a provision will affect any other provision.

Questions, feedback and complaints

If you have any questions, feedback or complaints in relation to this website, please contact us at info@harvestroad.com. We welcome your feedback and will endeavour to respond to you (where a response is required) in a prompt manner.

These Terms and Conditions were last updated in February 2023 (V2023-02).

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Harvest Road Oceans - WA Chefs Rock Oyster Promotion

Competition Terms and Conditions

1. Definitions

Unless the context requires otherwise, in these terms and conditions:

(a) Eligible Products means Leeuwin Coast’s Rock Oyster product.

(b) Prize meansthe prize package referred to in clause 5.1;

(d) Promotion means the “WA Chefs – Rock Oyster Promotion”

(e) Promotion Period means the period commencing at 10:00am (WST) on Tuesday, 6 February 2024 and ending at 11:59pm (WST) on Wednesday 31^stMarch 2024;

(f) Leeuwin Coast, us, we, and our refers to Harvest Road Oceans Pty Ltd (ABN 78 165 170 445) of Level 7, 190 St Georges Terrace, Perth 6000, WA; and

(g) you and your refers to the person entering the Promotion and accepting these terms and conditions.

2. Eligibility

To be eligible to enter the Promotion, you must be 18 years of age or older and be a resident of Western Australia working in the hospitality industry.

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3. Entry to the promotion

To enter the Promotion, you must:

(a) Follow Leeuwin Coast (@leeuwincoast) on Instagram;

(b) post a photo of an original dish featuring the Eligible Product onto your Instagram (Competition Post); and

You may enter as many times as you like. Your Instagram profile must be public for us to see your Competition Post.

4. Draws

4.1 Prize Winners

At 10:00 am (WST) on Monday 1^st April 2024 at Level 7, 190 St Georges Terrace, Perth, WA 6000 we will select one (1) x Prize Winner based on the most creative Competition Post that best reflect the versatility and sustainability of the Eligible Product

4.2 Award of prizes

A Prize will be awarded to a Prize Winner only once they have claimed their Prize in accordance with clause 6 .

5. Prize

5.1 Prizes

The Prize Winner will receive one (1) x pair of R.M.Williams Comfort Craftsman boots in a size of the Prize Winners choice. The prize winner will need to visit an RM Williams store in the Perth metro area at an agreed date and time to choose their boots.

5.2 Prize Value

The maximum total retail value of each prize is $649.00AUD.⁣

5.3 Prize Conditions

(a) No sale, transfer or exchange of Prize: the Prize is non-transferable and cannot be exchanged or redeemed for cash, resold (at a premium or otherwise) or advertised or offered for resale through any medium. If for any reason, the Prize Winner cannot take any component of their Prize, then the Prize will be forfeited.

(b) Prize Terms: the Prize is subject to availability. If the Prize is unavailable for any reason due to circumstances beyond our reasonable control, we reserve the right to substitute the Prize with another prize of equal or greater value, subject to any applicable laws or written directions made under applicable legislation.

(c) Additional Terms: it is a condition of accepting a Prize that the Prize Winner must comply with any conditions of use applicable to that Prize. We are not responsible or liable for any loss, damage or injury suffered by the Prize Winner as a result of the Prize Winner accepting and/or using the Prize, except for any loss, damage or injury which is due to our negligence or wilful misconduct or which cannot be excluded by law.

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6. Claim of Prize

We will contact the Prize Winner via Instagram within 1 business day of the draw completed in accordance with clause 4.1 to notify them that they are the Prize Winner. The Prize Winner must provide photo identification (and any other information we reasonably request) via email to our nominated representative to verify that they meet the eligibility criteria set out in clause 2and that they are the Prize Winner. We will request delivery information from the Prize Winner to be able to deliver the Prize to them.

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7 Redraw

We reserve the right to redraw Prizes, in accordance with the terms and conditions of the original draw, if a Prize Winner is unable to satisfy these terms and conditions or forfeits their right to their Prize. A redraw is to occur up to a maximum of ten times (or any other number of times as determined in our sole discretion). If a Prize Winner has not claimed their Prize in accordance with these terms and conditions after ten redraws (or the number of redraws we determine) the Prize will be forfeited.

8 Winner Publicity

You irrevocably agree that we may use your entry for any matter incidental to the Promotion (or any other promotion we run) without compensating you for such use, including by:

(a) reproducing and communicating your entry to the public in whole or in part; and

(b) publicising, broadcasting and communicating your name, character, likeness and Instagram profile to the public.

9 General Conditions

(a) Use of automated software: the use of any automated entry software or any other mechanical or electronic means which allows you to automatically enter the Promotion repeatedly is prohibited and will render all entries submitted by you invalid.

(b) Lost or delayed communications: we will not be responsible for any delayed, lost or misdirected email or any other communication.

(c) Disclaimer: our responsibility to provide a Prize is limited to the Prizes described in these terms and conditions. We do not accept any further liability or commitment beyond what is stated in these terms and conditions and will not be liable for any failure of our agents or contactors to supply Prizes as stated. All times are best estimates only and we do not guarantee that events will take place exactly at the times stated in these terms and conditions. The Promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram.

(d) Release: to the extent permitted by law:

(1) you and any other person partaking in any component of a Prize, release and indemnify us in respect of any claim, loss, damage, injury, expense, cost or charge sustained or in any way incurred in connection with the Prize or Promotion, or your or their participation in the Prize or Promotion; and

(2) Us, our related entities, their officers, employees, contractors and agents will not be liable for any loss, damage personal injury or other liability (including direct, indirect, consequential and economic losses) suffered or sustained in connection with this Promotion, the promotion of this Promotion, or the use of any Prize.

(e) Force Majeure: we will not be responsible for any forces of nature, pandemics, acts of God, war (declared or undeclared), riot, explosion, acts of terrorism, labour or industrial dispute including strike, action or inaction of Government (including in relation to COVID-19), forced or cessation of or interruption to trade and any other acts which are not reasonably within our control and may affect the Promotion or a Prize. If one or more of these acts occur, we reserve the right to cancel the Promotion, defer the Promotion, or change these terms and conditions.

(f) Disputes: in the event of a dispute, our decision is final and binding and no correspondence will be entered into.

(g) Privacy Notice: we may collect your personal information (including, for example, your name, handle and contact details) for the purposes of:

(1) conducting the Promotion, including publicising the results of the Promotion;

(2) running future promotions;

(3) our general marketing and publicity activities; and

(4) any other purposes related or ancillary to the above purposes.

We may disclose the personal information we collect to our related entities, the employees, contractors and agents of our related entities, and our employees, contractors, agents, partners and co-promoters in connection with the above purposes. By entering this Promotion, unless you otherwise advise us, you consent to the retention and use of your personal information in this manner. Additional information about how we collect, use and disclose personal information, and the privacy complaints process, is available in our privacy policy available at https://www.leeuwincoast.com/privacy-policy/.

(h) Amending these terms and conditions: subject to any applicable laws or written directions made under applicable legislation, we reserve the right to amend these terms and conditions to address any misinterpretation, misinformation or misunderstanding that may arise in the application of these terms and conditions.

(i) Acceptance of terms and conditions: your participation in the Promotion constitutes an acceptance of these terms and conditions. If you do not accept all of these terms and conditions, you must not participate in the Promotion.

(j) Disqualification: we may disqualify you from participating in the Promotion for any reason in our sole discretion. You agree that any decision to disqualify you is final.

(k) Cancellation of the Promotion: subject to any applicable laws or written directions, we reserve the right to cancel the Promotion at any time for any reason whatsoever.

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