Terms & Conditions - Privacy Policy

Terms & Conditions

General Information

• Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.foodandagriculture.com.au  website (the “Service”) operated by Food And Agriculture Australia (“us”, “we”, or “our”) (hereafter referred to as Food & Agriculture)

• Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts on behalf of the business being registered. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.

• By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Links To Other Web Sites

• Our Service primarily contains links to third-party web sites or services that are not owned or controlled by Food & Agriculture.

• Food & Agriculture has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Food & Agriculture shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

• The inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.

• We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Listing

• Our Service allows you to list or otherwise make available certain information, text, graphics, links, or other material including event information, product guides and business information . You are responsible for the content that you list with our service, including its legality, reliability, and appropriateness.

• By listing through our service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

• Material does not reflect the views or opinions of Food and Agriculture, its agents or affiliates. Any view or opinion expressed in any Material is the view or opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Food and Agriculture shall not be responsible or liable for the Material or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or reliance on and/or posting of and/or appearance of the Material on this website

• You represent and warrant that:

(i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and
(ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

• Further, you warrant that:

(i) the Content will not cause you or us to breach any law, regulation, rule, code or other legal obligation;
(ii) the Content will not or could not be reasonably considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(iii) the Content will not be unsolicited, undisclosed or unauthorized advertising;
(iv) the Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; and
(v): the Content does not bring us or the Service into disrepute.

• You agree to keep all records necessary to establish that your Content does not violate any of the requirements this clause and make such records available upon our reasonable request.  We are under no obligation to regularly monitor the accuracy or reliability of your Content incorporated into the Service. We reserve the right to modify or remove any Content at any time.  You acknowledge and agree that all Content you provide on the Service will be publicly available information and you bear the risks involved with such public disclosures.

Intellectual Property

• The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Food and Agriculture. The Service is protected by copyright, trademark, and other laws of both the Australia and foreign countries. Our content may not be used in connection with any product or service without the prior written consent of Food and Agriculture. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.

• You are permitted to use the Service only as authorised by us. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Service to create, display, use, play, and download Content subject to these Terms.

• Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.

• You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.

• Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.

Termination

• We may terminate or suspend your listing immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

• Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

• All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

• We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

• If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.

Indemnification

• As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.

• This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.

Limitation Of Liability

• You agree that we shall not be liable for any damages suffered as a result of using the Service, copying, distributing, or downloading Content from the Service.

• In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

• You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. You must not assign or otherwise dispose of your account to any other person.

• Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

Disclaimer

• Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

• Food and Agriculture do not warrant that:
  a) the Service will function uninterrupted, secure or available at any particular time or location;
  b) any errors or defects will be corrected;
  c) the Service is free of viruses or other harmful components; or
  d) the results of using the Service will meet your requirements.

• This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.

• We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.

Exclusions

• Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

• These Terms shall be governed and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions.

• Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

• We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect.

• It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.

Contact Us

• If you have any questions about these Terms, please contact us: admin@foodandagriculture.com.au

Privacy Policy

We collect the the following information:

• Contact Name

• Email Address

• Business Name

• Business Website

How We Collect Information

• Information is collected primarily through the submission of information on our forms.

• Through the Use of Cookies:

• Cookies
  In some cases we may also collect you personal information through the use of cookies and other tracking devices. When you access our website, we may send a "cookie" (which is a small summary file containing a unique ID number) to your computer. This enables us to recognize your computer and greet you each time you visit our website, without bothering you with a request to register or log-in.  We also use cookies to measure traffic patterns, to determine which areas of our websites have been visited, and to measure transaction patterns in the aggregate. We use this to research our users' habits so that we can improve our online products and services. If you do not wish to receive cookies, you can set your browser so that your computer does not accept them. We may also log IP addresses (the electronic addresses of computers connected to the internet) to analyse trends, administer the website, track user movements, and gather broad demographic information.

• We may also collect anonymous data (which is not personal information) relating to your activity on our websites (including IP addresses) via cookies. We use this information to report statistics, analyse trends, administer our services, diagnose problems and target and improve the quality of our products and services. To the extent this information does not constitute personal information because it does not identify you or anyone else, the Australian Privacy Principles do not apply and we may use this information for any purpose and by and means whatsoever.

Why Do We Collect, Hold, Use and Disclose Personal Information

• to verify your identity

• to provide products and services to you

• to conduct business processing functions for operation of our websites or our business

• to provide you with news, information or advise about our existing and new products and services

• to communicate with you, including but not limited to, by email and SMS messages

• to investigate any complaints about or made by you, or if we have reason to suspect that you are in breach of any of our terms and conditions

• as required or permitted by any law (including the Privacy Act).

How Do We Disclose Your Personal Information

We may disclose your personal information to:

• our employees, related bodies corporate, partnerships, joint venture entities, contractors or external service providers for the operation of our websites or our business, fulfilling requests by you, and otherwise provide products and services to you, including without limitation, web hosting providers and IT systems administrators

• our existing or potential agents and/or business partners

• specific third parties authorised by you to receive information held by us

• as required or permitted by any law (including the Privacy Act).

Accessing and Correcting Your Personal Information

• You may request access to any personal information we hold about you at any time by contacting us at: admin@foodandagriculture.com.au

• Where we hold information that you are entitled to access, we will  provide you with access to it by  emailing it to you. 

• If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. 

• If you make an access or change request, we will ask you to verify your identity. 

Links

• Our website may contain links to other websites operated by third parties. We make no representations or warranties in relation to the privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website. Third party websites are responsible for informing you about their own privacy practices.

Changes to Our Privacy Policy

• We may change this privacy policy from time to time. Any updated versions of this privacy policy will be posted on our website. This privacy policy was last updated in April 2018.

Contact Us

• If you have any questions about this privacy policy, please contact us: admin@foodandagriculture.com.au