TERMS AND CONDITIONS FOR THE USE OF THE AGRICHEM WEBSITE
These terms and conditions apply to use the use of this Website.
By using this Website you agree to be bound by these terms and conditions.
We do not assume any duty of care with respect to any information and materials you access from this website.
ACL means the Australian Consumer Law as contained in the Competition and Consumer Act 2010 (Cth)
Consequential Loss includes, without limitation:
(a) loss of profits;
(b) loss of revenue;
(c) loss of data;
(d) lost production;
(e) loss of business;
(f) loss of the benefit of any contract or other agreement or arrangement;
(g) losses which do not arise naturally from a breach of contract in the usual course;
(h) death or personal injury;
(i) damage to health;
(j) damage ti reputation; and
(k) egal costs.
Linked Websites has the meaning given to that term in clause 4 of these terms and conditions.
Products are any goods offered for sale by us, or manufactured, supplied or promoted by us.
Related Body Corporate has the meaning given in the Corporations Act 2001 (Cth).
We, us and our are references to Liquid Fertiliser Pty Ltd ACN 105 456 148 trading as Agrichem, and any Related Bodies Corporate of that company, and each of them severally.
Website means the Agrichem website at www.agrichem.com.au
You and your references to either a user of the Website, or a purchaser or prospective purchaser of our Products or services, as applicable in the relevant circumstances.
Reliance up and use of information
(a) We do not assume any duty of care in relation to this website, or any information or material accessible from it.
(b) All information provided by us on the Website, or in respect of any Products is provided by us as general information and is not in the nature of advice. You should make your own independant inquiries and assessment with respect to any informatin you obtain from this Website.
(c) We do not make any representations or warranties with respect to this Website, including, without limitation:
(i) that any information we provide is adequate, reliable, up-to-date, accurate, complete or suitable for any particular purpose;
(ii) that your access to the Website will be uninterrupted or timely;
(iii) with respect to non-infringement of any third part intellectual property rights.
(d) We are not reliable for any direct, indirect loss or Consequential Loss resulting from any action taken or reliance made by you on any information, content or material on the Website, or your use of the Website.
(e) Your use of any materials or information provided on the Website, is entirely at your own risk. We assume no duty of care to you with respect to the Website.
(a) Copyright in the website (including text, graphics, photographs, logos, icons, sound recordings and software) is owned or licensed by us. Subject to the exceptions prescribed under the Copyright Act 1986 (Cth) and similar legislation which may apply in your jurisdiction, and except as expressly authorised by these terms and conditions, you must not:
(i) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website or any material downloaded from the Website; or
(ii) commerialise any information obtained from any part of the Website.
(b) The trade marks Agrichem, the Agrichem drop logo, Nutricision and the other trade marks and logos appearing on our Website, and on our products, are our property.
(c) You must not use of any of our trade marks without our written permission.
(d) Without limitation, you agree that you will not use any of our trade marks:
(i) in or as the whole or part of your own trade marks;
(ii) on your website or in any marketting or promotional materials; or
(iii) in connection with any activities, products or servics that are not ours.
(e) Copyright and other intellectual property rights in some of the Website content is owne by and will remain the sole property of third party content provider, including owners of Linked Wesbites. You must not do anything that infringes any third party intellectual property rights.
(a) This website may contain links to third party websites ("Linked Websited"). The content of Linked Websites may not be current or be maintained. We are not responsible for the content or privacy practices of any Linked Websites and do not not control or guarantee the accuracy, relevance, timeliness or completeness of information on any Linked Websites.
(b) We do not make any representations or warranties that any information on Linked Websites is reliable, up-to-date, accurate, complete or suitable for any particular purpose or that your access to Linked Website will be uninterrupted, timely or secure.
(c) We do not make any presentations or warranties with respect to Linked Websites being free from computer viruses, or non-infringement of third party intellectual property rights subsisting in any content or material posted on Linked Websites. Links to particular sites are not to be construed as a representation of our sponsorship, endorsement or affliation.
(d) Our links to Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on Linked Websites.
No offer of products or services
The provision of information on this Website regarding any of our Products or services is for advertising or promotional purposes only, and does not constitute an offer to sell any Products or services.
No offer of securities
No material or information accessible on this Website constitutes an offering of securities in any jurisdiction.
We may vary these terms and conditions at any time without providing you with notice. Changes will be effective immediately upon publication on the Website.
We undertake to:
(a) deal with any of your personal information we collect as a consequence of your use of the Website in accordance with; and
(b) otherwise to comply with, the terms of our privacy statement which is available at [link here].
Security of Information
(a) Whilst we strive to protect information, we do not warrant and cannot ensure the security of any information which you transmit to us, or that this Website is virus free.
(b) Any information which you transmit to us is transmitted at your own risk.
(a) Subject to any liability we may have under the ACL which cannot be excluded, we do not accept responsibility for any direct loss,indirect loss, Consequential Loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with:
(i) your use of this Website;
(ii) any Linked Websites;
(iii) your use or reliance on information or materials contained on or accessed through this Website; or
(iv) any of our Products or services.
(b) With the exception of the consumer guarantees provided by the ACL, any condition or warranty which could otherwise by implied in connection with our Products or services, or the Website, is excluded.
(c) Subject to any liability we may have under the ACL which cannot be exlcuded, where any of our Products or services are NOT acquired for personal, domestic or household use or consumption, any liability we do have for any personal injury, death, direct loss, indirect loss, Consequential Loss or other damage, however caused (including through misrepresentation or negligence) which may incur or suffer in connection with the Products or services is limited to (at our election) one or more of the following:
(i) replacement of the relevant Products or services, or the supply of equivalent Products or services; or
(ii) the payment of the cost of replacing the relevant Products or services, or of acquiring equivalent Products or services.
(d) Nothing in these terms and condtions excludes any guarantees or liability arising under the ACL, or any other statute or law, if and to the extent that liability cannot be lawfully excluded.
(a) You must not, and you must not permit any other person to:
(i) violate or attempt to violate any aspect of the security of the Website;
(ii) modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of the Website, or any software used on the Website.
(b) You understand that any such violation is unlawful in many jurisdictions and that contravention of law may result in criminal prosecution. Examples of violations include:
(i) accessing data unlawfully or without consent;
(ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
(iii) attempting to interfere with service to any user, host or network, including without limitation, via means of overloading, "fooding", "mail bombing" or "crashing"
(iv) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
(a) If any of these terms and conditions are illegal, void or unenforceable in a jurisdiction, they will, as to that jurisdiction, be ineffective to the extent of the illegality, voidability or unenforceability, but without invalidating the remaining terms and conditions, or affecting the validity or enforceability of that provision in another jurisdiction.
(b) If we waive any rights available to use under these terms and conditions on one occasion, this does not mean, that those rights will automatically be waived on another occassion.
(a) The Website us operated from Australia. We make no representations that the content and materials on the Website are appropriate for use in other locations.
(b) These terms and conditions and your use of the Website are govered by the laws in force in Queensland, Australia. By using the Website, you agree to submit the non-exclusive jurisdiction of the courts of Queensland, Australia.