Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BY ACCESSING AND USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND THAT YOU ACCEPT AND WILL BE BOUND BY THEM. The Master Catalogue Information System (“MCIS”) is licensed from Bizcaps Pty Limited. These Terms and Conditions relate to the services described on this web site and are between: CompassCompass Group (Australia) Pty Ltd ABN 41 000 683 125, a company registered in Australia whose registered office is at Ground Floor, 35-51 Mitchell Street, McMahons Point NSW 2060 ("Compass", “us” or "we") and the entity accessing and using this site (referred to in these Terms and Conditions as "Company" ,"you" or "user", such terms to include any authorised users, an "authorised user" being a named individual(s), nominated by Company to receive log-in details and a password, in order to operate the e-procurement services covered by this web-site). These Terms and Conditions also apply, if selected by Company, to any additional services made available via the MCIS.

Access, Use and Licence

Access to and use of password protected and/or secure areas of this web site is restricted to authorised users only and further limited to the number of authorised user licences granted to you and, if applicable, paid for. It is the duty of Company to prevent any unauthorised individuals from attempting to access these restricted areas of the web site. By accessing and using this site, you acknowledge that you have read these Terms and Conditions and that you accept and will be bound by them. Your use of this web site is limited (i) to the use described in any applicable agreement between you and Compass and /or (ii) as described on this web site and (iii) to and in connection with the period that you are entitled to use the web site. Compass is granting you a royalty free, non-exclusive, non-transferable licence for your internal use of: (1) this web site and (2) access to those services or applications that you are authorised to access under an appropriate agreement between you and Compass during the term of such agreement. If no term is specified, then either party may give the other one month’s notice of termination.

Restrictions

You must not: (i) provide access to this web site to any third party or person who is not an authorised user; (ii) directly, or through any third party, sell, licence, trade or otherwise make available or allow access to this web site to any third party without the prior written consent of Compass; (iii) share a named user login and password with any other person, unless otherwise permitted under the agreement between you and Compass; (iv) allow any interference with the applications and information contained within this web site (other than simple changes for your own presentational purposes) without Compass' prior written consent; and (v) attempt to change or hack into any source codes, software or operating systems of MCIS.

Copyright, trademarks and intellectual property rights

Copyright in all content and material on this website belongs to Compass and Compass holds all relevant trade mark and service mark rights. Copies of the content must retain all copyright and other proprietary notices. You will not, under any circumstances, obtain any ownership rights or other interest in any content by or through your use of this web site. Compass may terminate this licence at any time by written notice if you are in breach of these Terms and Conditions or of any other agreement between you and Compass.

Disclaimer

Compass assumes no responsibility for the accuracy of information on this website, or other supplementary websites managed by Compass, whatever its source, and reserves the right to change these Terms and Conditions from time to time at its sole discretion. All information provided on this web site is provided "as is," without representations or warranties of any kind, either express or implied, including those of suitability for a particular purpose, accuracy, merchantability, non-infringement, sufficiency for your purposes, or arising from the course of dealing between the parties or use of trade. You acknowledge that your use of this web site may not be free of interruptions; that the information available on this web site may contain errors, limitations or other problems and that the site may be unavailable from time to time. The Terms and Conditions of trade with each supplier whose products and services are made available via the system ("Supplier") are governed by the individual trading Terms and Conditions prevailing between Company and each of its Suppliers. Where made available, any information relating to allergens or nutrient values that are present, or may be present, in the products ordered via the system have been provided by the relevant supplier or manufacturer of that product. Each product ingredient will need to be checked and verified by your system administrator and/or verified to the Supplier’s packaging information on the actual product to ensure the information utilised is complete and correct. Compass shall not be liable for any direct or any indirect, incidental, consequential losses or damages (including losses or damages from loss of profits, business, goodwill or the like), of any kind, arising out of the use or inability to use this web site, even if Compass has been advised of the possibility of such damages. If, despite the above, Compass is found by a Court of competent jurisdiction, to have any liability to Company in connection with its use of MCIS system and/or web site, the parties agree that damages for any such liability shall not exceed $10,000 in aggregate.

Submission of Information

You are solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness and intellectual property ownership or right to use all data and information that you submit to the website. You grant Compass a non-exclusive, worldwide, royalty-free licence to link to, utilise, use, copy, exploit, and prepare derivative works of the submitted data or information in any relevant media or format.

Conflicts with Other Terms and Agreements

In the event of a conflict or inconsistency between these Terms and Conditions and any other agreement between you and Compass, these Terms and Conditions shall take precedence, save that these Terms and Conditions shall be subordinate to any specific agreement signed by both parties.

Governing Law

These terms and conditions and any disputes arising out of them or relating to use of this web site shall be governed by and construed in accordance with Australian law and each of the parties irrevocably submits to the exclusive jurisdiction of the state of New South Wales courts.

Data protection, Privacy Policy and Cookies

Your use of this website will be covered by these Terms and Conditions and our privacy policy, that also incorporates our policies on data protection and cookies as set out in Appendix One.

Contact

If you wish to contact Compass, please do so at the following address: Ground Floor, 35-51 Mitchell Street, McMahons Point NSW 2060.

Appendix One

Compass takes the confidentiality of personal data seriously. Please contact us if you have any questions or comments on this privacy policy. Compass's privacy policy sets out the ways Compass processes personal data. This privacy policy only relates to personal data collected by Compass via the MCIS website. Any personal data collected by Compass is used in accordance with data protection legislation. This privacy policy does not apply to personal data provided to Compass by any other means or via any other website. Users should be aware that if they provide personal data to other companies, the privacy polices of those companies determine the uses to which that information is put and Compass' privacy policy will not apply in such instances.

Use Made of Personal Information

Personal information provided to Compass via the MCIS website will be used for the purposes outlined at the time of collection. In addition, personal information may be used for statistical analysis. Personal data will be collected and processed by Compass for the following purposes: to provide goods and services, including marketing, advertising and promotions, unless a user elects to opt-out of receiving such communications. Your personal details will not be made available to any third parties.

Consent and Our promise

By providing personal data to Compass, users consent to the processing of such data by Compass as described in this privacy policy. We understand how important it is to treat the data we capture correctly. We do not, nor will we ever sell, rent or loan any data to third parties that identifies you without your consent. For further details on how we use your data please see our privacy policy.

Use of Data for Direct Marketing Purposes

At each point of data collection users are given the opportunity to opt-out of receiving future direct marketing material from Compass. Where users do not opt-out of such communications, Compass may provide information on its products, membership services, events, and training and education programmes. If at any time users want Compass to stop sending such communications they should write to: The Company Secretary Ground Floor, 35-51 Mitchell Street, McMahons Point NSW 2060. If, at any time, a user wants to verify, update or amend their personal data they may simple email their request to Ebusiness@compass-group.com.au, updating or amendment of personal data takes place within 40 days of the request.

Links to Third Party Websites

This web site may contain links to third-party web sites. You assume the risk of accessing any third-party web site linked to this web site and acknowledge that Compass has no control over these third party web sites and is not responsible for the accuracy or reliability of any information, data, advice, statements made or contained within them. Compass provides such links for your convenience and inclusion of these links does not imply any approval or endorsement by Compass. Compass is not responsible for the privacy policies of third party websites and advises users to read the privacy policies of other websites before registering any personal data with them.

Notification of Changes

If Compass decides to change its privacy policy, it will post such changes on this page by way of notification to you, so that you are always able to see how Compass uses your personal data. You have the right to ask Compass for a copy of the personal data held about you and to request that Compass corrects any inaccuracies in that information.

Our Cookie Policy

We use a feature of your internet browser called a 'cookie' on the MCIS website. We do not use 'cookies' to retrieve personal information about you from your computer. We will only gain such information if you have knowingly and willingly provided such information to us. We may add or amend 'cookies' at our sole discretion. What is a cookie? A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie does not give us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website. There are two categories of "cookie": Non-essential and Essential. Compass does not use any non-essential cookies. MCIS uses two types of essential cookies - CFID & CFToken: These two cookies expire on end of a user's session. They allow for tracking and saving of a user's session state only within the MCIS application. They do not store specific user information or monitor anything but an open session within MCIS. Without the cookies a user will not be able to use the MCIS system.

Cookie Maintenance

You can set your browser to accept or reject all specific 'cookies'. You can also set your browser to alert you each time a 'cookie' is presented to your computer. You can delete 'cookies' that have been stored on your computer but remember, if you prevent us from placing 'cookies' on your computer during your visit, or you subsequently delete a 'cookie' that has been placed, it will not be possible for you to use our website effectively. By disabling your 'cookies' from the browser settings, you will be restricting the 'cookies' that MCIS uses to manage its website and this will have an impact on how the website will function. This will apply to all websites once 'cookies' are disabled via your browser settings and not only the MCIS website. If you would like to restrict or block 'cookies' that are set by us and other websites, you can do this through your web browser settings. Instructions for how to do this for the four most used web browsers are below. For other web browsers, please use the Help function on your browser for details on how to do this. For information on how to restrict or block 'cookies' on your mobile phone, you will need to refer to your handset manual.

Disabling ‘Cookies’ using Web Browsers

Internet Explorer 7.0+

Click on 'Tools' in the menu bar 2. Click on 'Options' 3. Click on 'Privacy' Tab on top section 4. Click on the 'Advanced' button 5. Select 'Prompt' for both 'First party cookies' and 'Third Party Cookies' 6. Click OK and Close the screen.

Google Chrome 8.0+

1. Click to 'Tools Menu' 2. Click on 'Options' 3. Click on 'Under the Bonnet' 4. Click on 'Cookie Setting' button and tick 'Block all third-party cookies without exception' 5. Close the screen.

Safari

Go to the Safari menu 2. Click on the Preferences 3. Click the 'Security' tab 4. Under 'Accept Cookies', set it to accept, reject, or selectively accept cookies

Firefox 3.0+

1. Click on 'Tools' in the menu bar 2. Click on 'Options...' 3. Click on 'Privacy' Tab in the top section 4. From the drop down box select 'Use custom setting for history' 5. Un-tick the box that says 'Accept Cookies From sites' 6. Click OK and Close the screen.