Terms of Access to the Website
This Website (referred to in these Terms of Access as the “Website”) is owned and operated by Croplands Equipment Pty Ltd (“Croplands”) on the World Wide Web (“WWW”).
The material on the Website is copyright © 2010-2014 Croplands. The Website is available for you to access, conditional on your acceptance without alteration of the terms and conditions set out below. By continuing to access the Website you are agreeing to the terms and conditions set out below in Pt A
A. Except for the limited use set out in para B you may not use the Website, or the material contained on it, for any purpose, including: (a) the reproduction of the material in any material form; (b) the distribution of the material in any material form; (c) re-transmission of the material by any medium of communication; (d) uploading and/or reposting the material to any other site on the WWW; (e) “framing” the material on the Website with other material on any other WWW site. The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.
B. Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
C. You may not modify or copy: (a) the layout of the Website; and (b) any computer software and code contained in the Website.
D. Croplands reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only and may not be: (a) re-sold and/or re-distributed in any material form; (b) stored in any storage media; and/or (c) re-transmitted in any media, without the prior written consent of Croplands.
Links to other Websites
F. The Website may contain links to sites on the WWW owned and operated by third parties and which are not under the control of Croplands.
G. In relation to the other sites on the WWW, which are linked to the Website, Croplands: (a) provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by Croplands of the linked site; and (b) is not responsible for the material contained on those linked sites.
H. Croplands make the Website available to publish information about various spraying equipment. Any information which may be given through this website is general in nature and is given in good faith and is believed by Croplands to be appropriate and reliable and is provided without liability or responsibility on the part of Croplands. For advice specific to your situation it is necessary to consult with an agronomist or engineering professional.
Please refer to the dealers pages on this website for further information.
I. Croplands will not be liable, to the extent permitted under law, under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:(a) acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and(b) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website.
J. Croplands does not warrant guarantee or make any representation that:(a) the Website, or the server that makes the site available on the WWW are free of software viruses; (b) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and (c) errors and defects in the Website will be corrected.
K. Croplands is not liable to you for: (a) errors or omissions in the Website, or linked sites on the WWW; (b) delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and (c) defamatory, offensive or illegal conduct of any user of the Website, whether caused through negligence of the Croplands, its employees or independent contractors, or through any other cause.
L. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
Limitation of liability
M. The disclaimers above may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law Croplands's liability for any implied warranty or condition is limited, at the choice of Croplands, to one or more of the following:
If the breach of an implied warranty or condition relates to services:(a) the supply of the services again; or (b) the payment of the cost of having the services supplied again.
If the breach of an implied warranty or condition relates to goods: (a) the replacement of the goods or the supply of equivalent goods; (b) the repair of such goods;(c) the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.
Use of information gathered
N. Croplands and/or people authorised by it may gather and process the information: (a) which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and (b) regarding the way in which you use the Website including, without limitation, information acquired through the use of "cookies" programmed during the accessing of the Website.
O. Croplands may authorise others in the Nufarm Limited group to offer you goods and services using the information acquired through (a) and (b) above.
Termination of access
P. Croplands may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and Croplands has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
Alteration of Terms of Access
Q. Croplands reserves the right to change these Terms of Access: (a) with or without further notice to you; and (b) without giving you any explanation or justification for such change.
R. If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
S. This Agreement will be governed by and interpreted in accordance with the law of Victoria, Australia, without giving effect to any principles of conflicts of laws.
T. You agree to the jurisdiction of the courts of Victoria to determine any dispute arising out of this Agreement.