IF YOU DISAGREE WITH ANY OF THE TERMS OR CONDITIONS DETAILED BELOW, YOU ARE
NOT PERMITTED TO USE OR ACCESS THIS SITE.
Agtech Pty Ltd (ACN 20 072 979 705) ("Agtech") maintains the Farm Minder website
( www.farmminder.com.au) (the "Site")
for your personal entertainment, information, education and communication. If
you disagree with any of the terms or conditions of this agreement, you are not
permitted to use or access the Site.
| 1. |
Use of Site from Outside Australia |
| 1.1 |
The Site and its contents are protected by worldwide
copyright laws and are designed to comply with Australian laws and
regulations. Although accessible by others, the Site and its contents are
intended for access and use by Australian residents only. Agtech does not
make any representation that this Site is appropriate or available for use
in or from other countries. If you choose to access this Site from a country
other than Australia ("the User Country") you do so at your own initiative
and risk and you are responsible for compliance with the User Country's laws
and regulations. If accessing the Site from outside Australia, you agree to
indemnify Agtech for any loss or damage arising from any failure of this
agreement or the information on the Site to comply with the laws of the User
Country. |
| 2. |
No warranties |
| 2.1 |
Agtech makes no representations or warranties nor assumes liability or
responsibility for the accuracy (including errors and omissions),
reliability, completeness or timeliness of any information, programs,
modules, calculations, summaries, inventory lists and manifests contained
herein. Use of the Site is at your own risk. Changes are periodically made
to the Site and may be made at any time. |
| 2.2 |
Everything on the Site is provided to you "AS IS" and, to the extent
permitted by law, all express, implied or statutory warranties,
representations, terms and conditions other than those expressly contained
in this agreement are excluded. Please note that some jurisdictions may not
allow the exclusion of all implied warranties, so some of the above
exclusions may not apply to you. |
| 2.3 |
Agtech does not warrant that the Site will be error free or that this
Site and its servers are free of computer viruses and other harmful data,
code, components or other material, nor does Agtech warrant that it will be
able to prevent any illegal, harmful or inappropriate use, modification or
alteration of the Site. |
| 3. |
Use of the Site |
| 3.1 |
You may freely use the site for personal, non-commercial use. You may
not distribute, modify, transmit, reuse, re-post or use any such materials
for public or commercial purposes without the express written permission of
Agtech. You may not resell, supply or otherwise provide to any third parties
any content from the Site or derived from the Site). No graphics may be used
separately from the accompanying text. All copyright and other proprietary
notices contained in downloaded materials and printed copies thereof must be
retained. |
| 3.2 |
Images of people or places displayed on the site are either the property
of, or used with permission by Agtech. The use of these images by you is
prohibited unless specifically permitted by this agreement or by specific
permission provided elsewhere on the Site. Unauthorised use of the images
may violate copyright, trademark, privacy and/or publicity laws as well as
communications regulations and statutes. |
| 3.3 |
You must not transmit or attempt to transmit any data, code or other
material of any kind to the Site, which contains a virus or other harmful
component. |
| 3.4 |
You must take your own precautions to ensure that the process, which you
employ for accessing the Site, does not expose you to the risk of viruses,
malicious computer code or other forms of interference, which may damage
your own computer system. |
| 4. |
Limitation of Liability |
| 4.1 |
Your use of the Site is at your own risk. Neither Agtech nor any other
party involved in supplying the material, creating, producing or delivering
the Site is liable for any loss or damage whatsoever (including, without
limitation, direct, indirect, incidental, consequential, or punitive damages
or lost profits) arising out of your access to, use of or inability to use
and access the Site. This includes damage to your computer equipment by
computer viruses or otherwise. If your use of the Site results in the need
for servicing or replacing equipment or data, Agtech is not responsible for
those costs. |
| 4.2 |
Although Agtech may, from time to time, monitor or review the use of the
site, Agtech is under no obligation to do so. Agtech assumes no
responsibility or liability arising from the content of the Site or for any
error, defamation, libel, slander, omission, falsehood, obscenity,
pornography, profanity, danger or inaccuracy contained in any information
within the Site. |
| 4.3 |
Agtech reserves the right to alter or delete material from the Site at
any time and will not be liable in any way for possible consequences, loss
or damage whatsoever arising from such changes. |
| 5. |
Subscription |
| 5.1 |
To become a subscriber of the Site, you will need to complete the online
subscription form and comply with the terms of the Subscriber Agreement. Any
information that you provide in the course of subscribing to this site shall
not be false, inaccurate or misleading. Agtech reserves the right to
terminate the subscription of any users who have intentionally provided
false, misleading or inaccurate information while subscribing. If you
subscribe by direct electronic payment, on the completion of the
subscription process you will receive an e-mail at your nominated e-mail
address regarding the activation of your subscriber account. Please follow
the instructions in the e-mail to access your account. If you opt to pay by
cheque or money order, in order to activate your subscriber account, an
invoice will be e-mailed to you at the e-mail address which you provide.
Upon payment of the invoice, your subscriber account will be activated. |
| 5.2 |
Agtech will not sell the information which you provide while subscribing
to the Site without your consent and will only use any information that you
provide in the manner described in our Privacy Policy. |
| 5.3 |
Once you have become a subscriber, you may not transfer any rights or
obligations that you have under this agreement. Agtech reserves the right to
transfer its rights or obligations under this agreement without your
consent. |
| 6. |
Your communications with us |
| 6.1 |
You agree that any communication or material that you transmit to us,
including any data, questions, comments, suggestions and the like, is and
will be treated as non-confidential and non proprietary information. You
agree that with the exception of sensitive information, as defined in the
Privacy Act 1988 (Cth), Agtech may use such communication or material for
any purpose whatsoever, including, but not limited to, reproduction,
disclosure, transmission, publication, broadcast and further posting.
Furthermore, Agtech and its associated companies, are free to use any ideas,
concepts, know-how or techniques contained in any communication or material
you send to the site for any purpose whatsoever, including, but not limited
to, developing, manufacturing and marketing products. Further, if you do
send us a submission, you agree not to assert any ownership right of any
kind in the submission (including, but not limited to copyright, trademark,
unfair competition, or implied contract) and you waive the right to receive
any financial or other consideration in connection with such unsolicited
submission including, but not limited to, acknowledgment. You further
consent to any infringement by Agtech or the Participants of the moral
rights you may hold in the material you communicate to us arising from the
reproduction, transmission, publication, broadcast and further posting of
this material. |
| 7. |
Intellectual Property |
| 7.1 |
You should assume that all content on the site is copyright unless
otherwise noted and may not be used except as provided herein. |
| 7.2 |
The names, trade marks, logos and service marks on this Site (the "Trade
Marks") displayed on the Site are registered and unregistered trademarks
owned by or licensed to Agtech its associated companies. Nothing contained
in this Site should be construed as granting by implication any license or
right in and to the Trade Marks (including any rights to use or distribute
the Trade Marks). |
| 7.3 |
You are advised that Agtech will aggressively enforce its intellectual
property rights in the site and its contents to the fullest extent of the
law, including by seeking criminal sanctions. |
| 8. |
Hyperlinks |
| 8.1 |
Agtech has not reviewed all of the sites that may be linked to or from
the Site ("Linked Sites") and is not responsible for the content of any
Linked Sites or any hyperlinks contained in any Linked Site. Your
utilisation of Linked Sites is at your own risk. |
| 9. |
Restriction of Use |
| 9.1 |
You are prohibited from uploading, posting or transmitting any unlawful,
threatening, libellous, defamatory, obscene, inflammatory, pornographic or
profane material or any material that could constitute or encourage conduct
that would be considered a criminal offence, give rise to civil liability or
would otherwise violate the law. Agtech will fully cooperate with any law
enforcement authorities or court order requesting or directing Agtech to
disclose the identity of anyone posting any such information or materials. |
| 9.2 |
You agree that you will not take any action that will pose an
inappropriately large load on our infrastructure. |
| 10. |
Indemnity |
| 10.1 |
You agree to indemnify Agtech for any and all claims, damages, losses,
and causes of action arising out of your publication or transmittal of
material described in clause 9 or your failure to comply with this
agreement. |
| 11. |
Changes to Agreement |
| 11.1 |
Agtech may, at any time, revise this agreement by updating this posting.
The revised agreement will be effective 14 days after posting and you will
be bound by such revisions from that time. You should, therefore
periodically visit this page to review the most current version of the
agreement. |
| 12. |
Governing Law |
| 12.1 |
The agreement is governed by and construed in accordance with the laws
of the Australian Capital Territory, Australia. You irrevocably and
unconditionally submit to the non-exclusive jurisdiction of the courts of
the Australian Capital Territory. |
| 13. |
Miscellaneous |
| 13.1 |
If any provision of the agreement is found to be invalid or
unenforceable by a court of law, such invalidity or unenforceability will
not affect the remainder of the agreement, which will continue in full force
and effect. All rights not expressly granted are reserved. |
| 14. |
Refunds |
| 14.1 |
All subscription payments are non-refundable. |
|