A. TERMINOLOGY
In these Terms
(a)”You” and “Your” means you personally, your business entity and officers, employees and agents of your business entity.
(b) “We”, “us”, “our” and “Viterra” is a reference to:
(i) Viterra Operations Pty Ltd (ACN 007 556 256);
(ii) Viterra Packing and Processing Pty Ltd (ACN 056 171 325);
(iii) Viterra Australia Pty Ltd (ACN 106 378 885);
(iv) Viterra New Zealand Ltd (NZCN 285414)
B. INTRODUCTION
These Terms apply to your use of any services provided via the Internet by us including the use of:
(a) our web site www.viterra.com.au (Website);
(b) those certain services specified as only being available to growers or registered users of the Website (Member Services); and
(c) any materials provided by us to you, or by you to us or any information or materials obtained by you (either directly or indirectly) as a result of or in connection with your use of the Website or the Member Services (including information, text, images, graphics, logos, audio and/or video recordings, code and software) (Content)
(together the Online Services).
C. ACCEPTANCE OF TERMS
By using the Online Services you agree to be bound by these Terms and acknowledge that you have read and understood the Terms. If you do not accept these Terms, you must immediately leave, and otherwise refrain from using, the Online Services.
D. ELIGIBILITY
The Online Services are available only to individuals who can form legally binding contracts under any applicable law. If you cannot enter into legally binding contract, you must immediately leave the Website and otherwise refrain from using the Online Services.
Viterra may refuse access to and usage of the Online Services to anyone at any time, in its sole discretion.
E. AMENDMENTS TO TERMS AND CONDITIONS
Viterra may at any time vary these Terms by publishing updated Terms on the Website. You agree that any such updated Terms will immediately apply from the time that they are published on the Website. Your continued use of the Online Services after Viterra publishes updated Terms constitutes your acceptance to be bound by the updated Terms.
F. CONTENT
While Viterra endeavours to ensure that all Content is accurate, complete, up-to-date, reliable and error-free, you acknowledge that this may not always be the case and that Viterra does not represent or warrant that this will be the case. Any Content may be changed, withdrawn or discontinued at any time and without notice. The Content is provided from Australia and may not be available, appropriate or lawful for use in other jurisdictions. The Content does not necessarily reflect the views or opinions of Viterra. The Content may not be tailored to your particular circumstances and does not constitute advice or a recommendation.
Viterra accepts no liability for any use of the Content or any reliance placed on it. Any use of or reliance on the Content is entirely at your own risk and you acknowledge and agree that it is your responsibility to verify any Content and otherwise seek your own independent advice.
G. PRICES
Unless expressly stated otherwise, the following applies to all prices, pricing information and related Content made available through the Online Services (Prices). All Prices form part of the Content and are subject to these Terms.
All Prices are exclusive of storage and handling charges and are quoted at base grade quality, exclusive of GST. All Prices are sourced from third parties and are not provided by Viterra. All Prices are subject to variation or withdrawal without notice. Should you rely on any Prices, you do so entirely at your own risk and you acknowledge that Viterra does not represent or warrant that the Prices are accurate or that any particular result or outcome is guaranteed. Prices referred to as “Price Less Fees” (or similar expressions) may not ultimately be the actual price.
It is your responsibility to confirm any applicable Quality Scales, the conditions of any purchase option type and the actual price payable (including any fees, levies, royalties or other charges applicable) with any third party such as a buyer. You should fully inform yourself when making marketing decisions.
H. SITE DATA
The following applies to any site and office locations, traffic management plans and other geographical information made available through the Online Services (Site Data). All Site Data forms part of the Content and is subject to these Terms.
Any Site Data is intended to allow you to identify Viterra sites or other locations of interest. You acknowledge that Viterra does not guarantee the accuracy of the Site Data and that in particular any maps, directions and related information may not be accurate and may be provided by third parties. You should exercise judgment in your use of the Site Data and acknowledge and agree that your use of the Site Data is entirely at your own risk and you accept any consequences of that use.
I. OPENING HOURS
The following applies to any information relating to business hours or office operating times or opening hours made available through the Online Services (Opening Hours). All Opening Hours form part of the Content and are subject to these Terms.
You acknowledge that Opening Hours may vary and are subject to change without notice. You may contact Viterra (refer below) to confirm any Opening Hours for Viterra offices or locations.
J . MEMBER TERMS
(a) General
This section applies if you have access to or receive Member Services through the Website (Member).
(b) Member
To become a Member, you will need to do everything we ask of you including, without limitation, providing any information we need to establish your membership or otherwise comply with any laws. You will also be required to have a valid National Grower Register Card number (or similar identifier that we accept from time to time).
(c) Member Information
Without limiting any other provision of these Terms, your use of the Online Services is subject to the following terms:
- you must take reasonable steps to ensure that all information used to access the Online Services as a Member, such as your user name, password and Persona Identification Number (PIN) (together the Access Information) remains secret, and you must not disclose the Access Information to any third party (whether you use your Access Information or not);
- you must ensure that the details you provide to us in respect of the Access Information are complete, accurate and up-to-date at all times, and must promptly notify us of any changes to this information; and
- you are solely responsible for all use made of your Access Information, and any consequences that may arise from such use and you release us in respect of such matters.
(d) Member’s Rights
On becoming a Member, you will be given a specific PIN and have the right to log-on and access various sections of the Website on these Terms including your Viterra account (Account).
(e) Member Information, PIN and Password
Viterra is authorised by you to provide information and accept transactions for accounts associated with business entities and grower cards for which the correct Business Code / Number and PIN have been provided. You do not require us, and we will not, need to undertake any other checks to verify your identity.
The security of your Access Information is very important because it gives unrestricted access to your Account. You must take all steps to protect your Access Information from theft, loss or unauthorised use, to help to prevent fraudulent or unauthorised use of your Account.
You are solely responsible for ensuring that your Access Information is utilised only by the authorised representatives of the business entity to whom it is assigned. Viterra shall not be and is not responsible for any loss, claim or other liability that may arise from the unauthorized use of your Access Information. If your Access Information is lost or stolen it is your responsibility to notify Viterra of such occurrence so that the missing Access Information can be deactivated and a new one assigned. If an individual representative becomes no longer authorized to use specific Access Information it is your responsibility to notify Viterra of such occurrence. Viterra shall endeavour to complete all Access Information deactivation requests within 48 hours of their receipt in writing from your authorized representative.
You must also indemnify us against any loss or damage we may suffer due to any claim, demand or action of any kind brought against us arising directly or indirectly because you did not comply with your obligations under these Terms to protect your Access Information.
(f) Reports
All Reports and other information generated from the Online Services (Reports) are considered Content for the purposes of these Terms and are otherwise subject to the following conditions:
- Transactions in Reports are subject to validation against grower registrations;
- Any information contained in a Reports does not guarantee that any payment will be made and should not be relied upon for grower payments or otherwise for the buying and selling of commodities;
- Viterra makes no representations and accepts no liability regarding the currency or accuracy of information or for any errors or omissions contained within any Report;
- Information in any Report does not imply buyer acceptance of any delivery; and
- Any Report generated may differ from your current position and/or reports supplied by the associated bulk handler. This service shows information about complete transactions that are held in the Viterra database. These are obtained from the operational databases of the associated bulk handlers. Incomplete transactions are not included in any Report. Note that the time taken for information to be available in any Report varies and for deliveries to some sites the delay may be several days or more.
(g) Service Specific Terms and Conditions
Further notes, terms and conditions that relate to some specific services and appear, or are referred to by links on, and otherwise any standard terms and conditions of ours that refer to, the Online Services comprise part of these Terms.
(h) Eligibility
We may cancel your Membership to the Online Services or any Account at any time and in our sole and absolute discretion.
K. THIRD PARTY SERVICES
If the Content includes links or references to information or services that are not provided by Viterra, then unless expressly stated otherwise Viterra does not endorse, recommend or approve them or the practices of the organisations that operate them, or any information, materials or goods or services referred to or provided by them. Any such links or references are provided for convenience only and may not remain current.
L. COLLECTION OF INFORMATION AND PRIVACY
Viterra may collect Personal Information using the Online Services for the purpose of providing Content to you, marketing purposes, our internal business purposes and any other specific purposes advised to you from time to time. The information may be used by us and our related companies, and may be disclosed to our consultants or advisers. Any disclosure of Personal Information will be governed by both the Privacy Act 1988 (Cth) (Privacy Act) and by our Privacy Policy (found here: www.viterra.com.au). Our Privacy Policy includes details of:
A. how we collect, hold, store and share Personal Information;
B. the circumstances in which your Personal Information might be sent overseas;
C. your rights of access to, and correction of, your Personal Information; and
D. the security measures we have in place over your Personal Information.
You are not required to provide us with your Personal Information by any law, however if you fail to do so, we may not be able to carry out the purpose for which the personal information may be collected and used.
You may contact Viterra (refer below) if you have any questions regarding our use of your Personal Information or otherwise to request access to any Personal Information about you held by Viterra.
Viterra does not guarantee the security of any information you may send to Viterra using the Website during its transmission, however Viterra will endeavour to protect such information once it is received.
Personal Information has the meaning given in the Privacy Act.
M. INTELLECTUAL PROPERTY
Unless stated otherwise, Viterra owns or licenses the copyright and all other proprietary rights in the Content. You may not, without Viterra’s prior written permission, reproduce, display, store, print, publish, distribute, commercialise, perform, adapt, or create derivative works from any Content other than as permitted by law and as required for your effective use of the Online Services. Any word or logo which appears in the Online Services in association with the ™ or ® symbol is a trade mark, and must not be used unless in accordance with the requirements of the law. Viterra reserves any rights not expressly granted by these Terms.
N. AVAILABILITY
You acknowledge and agree that Content may be obtained from the Online Services using the Internet or other communication networks which are not operated by Viterra and which may be affected by factors outside of Viterra’s control. Accordingly, Viterra cannot guarantee the availability of all or any portion of the Online Services.
You acknowledge and agree that accessing the Online Services may to acquire Content may involve charges for data imposed by your carrier or service provider (including if you are accessing the Online Services through a mobile provider). It is your responsibility to be aware of these charges and Viterra is not responsible for any charges you may incur through use of the Online Services.
You acknowledge that the Online Services may not be operated on a continuous basis and your access to the Online Services may be terminated or restricted by us for any reason at any time (including for maintenance purposes) and we will not be liable for and do not accept any responsibility in respect of any loss or damage you may suffer as a result of any restricted use, difficulty or inability to download or access any Content or the termination of the Online Services.
Viterra does not undertake to provide any support or maintenance for the Online Services or any Content.
O. SECURE TRANSMISSIONS, PROTECTION FROM VIRUSES AND INTERFERENCE
No data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we make no warranty and do not ensure the security of any information which you transmit to us and any such information is transmitted at your own risk.
You must take your own precautions to ensure that the process which you employ for accessing the Online Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. Viterra does not accept responsibility for any interference or damage to your computer system which arises in connection with your use of the Online Services or any linked website.
P. TERMINATION
Viterra may immediately terminate your entitlement to use the Online Services at any time. Viterra may give you notice of such termination, in which case you must cease all use of the Online Services in accordance with that notice. Any disclaimers, releases or indemnities will survive termination of these Terms.
Q. DISCLAIMER
Viterra does not attempt or purport to exclude any liability arising under statute if, and to the extent, that liability cannot be lawfully excluded. However, Viterra excludes to the extent lawfully permitted all liability for any loss or damage of whatever kind (including consequential or incidental damage) and however arising (including due to negligence) that you may suffer, directly or indirectly, in connection with your use of or reliance on Online Services or any Content. Any warranties, guarantees, representations or other assurances implied or imposed by law or statute are expressly excluded to the fullest extent permitted by law. To the extent that any cannot be excluded, the liability of Viterra will be limited to the cost of the resupply of the Content.
In no event will Viterra be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of any kind (including without limitation loss of profits, loss of data or damage to any equipment) arising out of your use of or access to the Online Services or any Content, your inability to use the Online Services or any Content, or the interruption, suspension or termination of the Website or any Content (including any damage incurred by third parties).
R. INDEMNITY
You agree to indemnify and hold harmless Viterra, its affiliates, agents, officers, employees and representatives from any loss, damage, expenses, penalties, claims or other liabilities that Viterra may incur due to your use of the Online Services, any Content or any breach by you of these Terms.
S. APPLICABLE LAWS
The laws of South Australia, Australia, apply to these Terms and all matters relating to the use of the Online Services. You agree to submit to the non-exclusive jurisdiction of the courts of South Australia with respect to any claim or dispute regarding such matters.
T. SEVERANCE
If any part of these Terms is invalid or unenforceable, that part will be severed and not apply but the remainder of these Terms will continue to operate
U. CONTACTING EZIGRAIN
Please contact Viterra on 1800 018 205 should you require assistance.