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A.  TERMINOLOGY

In these Terms
  • you” and “your” means you personally, your business entity and officers, employees and agents of your business entity.
  • We”, “us”, “our” and “Glencore Agriculture” is a reference to Glencore Agriculture Pty Ltd (ACN 106 378 885).

B.  INTRODUCTION

These Terms apply to your use of any services provided via the Internet by us including the use of:
  • our web site www.glencoreagriculture.com.au (Website);
  • those certain services specified as only being available to growers or registered users of the Website (Member Services); and
  • 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. Glencore Agriculture 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

Glencore Agriculture 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 Glencore Agriculture publishes updated Terms constitutes your acceptance to be bound by the updated Terms.

F.   CONTENT

While Glencore Agriculture 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 Glencore Agriculture 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  Any Content may be changed, withdrawn or discontinued at any time and without notice.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 Glencore Agriculture.  The Content may not be tailored to your particular circumstances and does not constitute advice or a recommendation. Glencore Agriculture 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 subject to variation or withdrawal without notice.  All Prices are indicative only and not an offer to contract and may be subject to conditions (such as minimum tonnage requirements).  Should you rely on any Prices, you do so entirely at your own risk and you acknowledge that Glencore Agriculture does not represent or warrant that the Prices are accurate or that any particular result or outcome is guaranteed.  If you wish to contract with Glencore Agriculture you should contact us in accordance with the details below.

H.  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 Glencore Agriculture (refer below) to confirm any Opening Hours for Glencore Agriculture offices or locations.

I.    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 Glencore Grain payee 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 and, password (Password) (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 Password and have the right to log-on and access various sections of the Website on these Terms including your Glencore Agriculture account (Account).

(e) Member Information and Password

Glencore Agriculture is authorised by you to provide information for accounts associated with business entities and grower cards for which the correct Payee Number and Password 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.  Glencore Agriculture shall not be and is not responsible for any loss, claim or other liability that may arise from the unauthorised use of your Access Information.  If your Access Information is lost or stolen it is your responsibility to notify Glencore Agriculture of such occurrence so that the missing Access Information can be deactivated and a new one assigned.  If an individual representative becomes no longer authorised to use specific Access Information it is your responsibility to notify Glencore Agriculture of such occurrence.  Glencore Agriculture shall endeavour to complete all Access Information deactivation requests within 48 hours of their receipt in writing from your authorised 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) 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.

(g) Eligibility

We may cancel your Membership to the Online Services or any Account at any time and in our sole and absolute discretion.

J.   THIRD PARTY SERVICES

If the Content includes links or references to information or services that are not provided by Glencore Agriculture, then unless expressly stated otherwise Glencore Agriculture 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.

K.  COLLECTION OF INFORMATION AND PRIVACY

Glencore Agriculture 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.glencoreagriculture.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 Glencore Agriculture (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 Glencore Agriculture. Glencore Agriculture does not guarantee the security of any information you may send to Glencore Agriculture using the Website during its transmission, however Glencore Agriculture will endeavour to protect such information once it is received. Personal Information has the meaning given in the Privacy Act.

L.   INTELLECTUAL PROPERTY

Unless stated otherwise, Glencore Agriculture owns or licenses the copyright and all other proprietary rights in the Content.  You may not, without Glencore Agriculture’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.  Glencore Agriculture reserves any rights not expressly granted by these Terms.

M.  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 Glencore Agriculture and which may be affected by factors outside of Glencore Agriculture’s control.  Accordingly, Glencore Agriculture 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 Glencore Agriculture 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. Glencore Agriculture does not undertake to provide any support or maintenance for the Online Services or any Content.

N.  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.  Glencore Agriculture 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.

O.  TERMINATION

Glencore Agriculture may immediately terminate your entitlement to use the Online Services at any time.  Glencore Agriculture 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.

P.  DISCLAIMER

Glencore Agriculture does not attempt or purport to exclude any liability arising under statute if, and to the extent, that liability cannot be lawfully excluded.  However, Glencore Agriculture 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 Glencore Agriculture will be limited to the cost of the resupply of the Content. In no event will Glencore Agriculture 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).

Q.  INDEMNITY

You agree to indemnify and hold harmless Glencore Agriculture, its affiliates, agents, officers, employees and representatives from any loss, damage, expenses, penalties, claims or other liabilities that Glencore Agriculture may incur due to your use of the Online Services, any Content or any breach by you of these Terms.

R.  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.

S.  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.

T.   CONTACTING GLENCORE AGRICULTURE

Please contact Glencore Agriculture on 1300 453 626 should you require assistance.