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Terms of Use

AWB Website Grower Services Terms of Use

These terms of use apply to you when you join, and operate as the terms and conditions on which you access information from secure areas of the AWB Website.

1. Dictionary

Some of the words used in these terms of use are defined below:

AWB means AWB Limited ACN 081 890 459;

AWB Copyright, Trade Mark and Disclaimer Notice means the notice named as such on, and accessible from, the AWB Website;

AWB Privacy Policy means the policy named as such on, and accessible from, the AWB Website;

AWB Website means the World Wide Web Site accessible from http://www.awb.com.au

Content means the information made available to you through the Service;

Grower Services means AWB's Internet information service described as such on, and accessible from, the AWB Website;

Service means all or any of the applications contained on or accessible from Grower Services area; and

you means a registered seller of grain to AWB who has joined Grower Services area of the website.

2. Basis of Provision of the Service

2.1 The Service relies in part on factors outside AWB's control and AWB does not provide any guarantee that the Service is fault-free.

2.2 Without liability to you, AWB may at any time and without notice to you:

2.2.1 shut down or suspend the Service, or disconnect or deny you access to the Service; and

2.2.2 make improvements and/or changes to the Service or the Content.

3. Your Account

3.1 You acknowledge that to open an account to access the Service, you must provide accurate, complete and current information as required by the then applicable electronic registration form. You agree to update this information from time to time to ensure that its accuracy, completeness and currency is constantly maintained.

3.2 You agree that you have read and understood AWB's Privacy Policy and that AWB will deal with information supplied by you in connection with your use of the Service in accordance with the terms of that policy.

4. Use of the Service

In using the Service, you agree:

4.1 to maintain the confidentiality of all your Service identification and log-in information, whether your account is in use or not;

4.2 that you are responsible for any disclosure or loss of Service identification or log-in information;

4.3 to notify AWB immediately if you lose your Service identification or log-in information;

4.4 to comply with all directions by AWB relating to the use of the Service;

4.5 that the Service is for your personal use only so that a person who is not a member of Growers' Club is not permitted to access the Service;

4.6 that you are entirely responsible for all activities that occur under or in respect of your Service account;

4.7 that you will immediately notify AWB of any unauthorised use of your Service account or other breach of security of which you are aware;

4.8 that the Content is valuable information and belongs exclusively to AWB;

4.9 that you have read and understood AWB's Copyright, Trade Mark and Disclaimer Notice and that your use of the Service is subject to the terms of the AWB Copyright, Trade Mark and Disclaimer Notice; and

4.10 not to alter the Content or develop any derivative works from the Service.

5. What You Must Not Do

In using the Service, you agree that you must not, whether directly or indirectly:

5.1 carry out activities, or post or transmit any information or materials, which infringe a third party's rights, are contrary to any relevant standards or codes or breach any laws or regulations;

5.2 interfere with another member's use and enjoyment of the Service or another individual's or entity's use and enjoyment of similar services;

5.3 conduct or send surveys, contests, pyramid schemes, chain letters, junk email, spamming or other duplicative or unsolicited messages (commercial or otherwise);

5.4 defame, harass, stalk or threaten any person;

5.5 publish or distribute any defamatory, obscene, indecent or unlawful material or information that could otherwise give rise to civil or criminal proceedings;

5.6 advertise or offer to sell or buy any goods or services;

5.7 collect information about others, including email addresses;

5.8 create a false identity for the purpose of misleading others as to the identity of the sender or the origin of any message;

5.9 transmit or upload any computer programs or other material in breach of any intellectual property laws, rights of privacy or any other applicable laws;

5.10 interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks; or

5.11 attempt to gain unauthorised access to the Service, other accounts, computer systems or other networks connected to the Service, through password mining or any other means.

6. AWB May Monitor the Service

Without limiting the terms of the AWB Privacy Policy, you acknowledge that AWB may (but is not obliged to) monitor your use of the Service.

7. Use for General Information Purposes Only

Without limiting the terms of the AWB Copyright, Trade Mark and Disclaimer Notice:

7.1 you acknowledge that you have elected to use the Service for general information purposes only and that you are responsible for independently verifying the accuracy of all Content upon which you intend to rely. AWB is not responsible for the manner in which you use the Service or if you should incur any loss or damage arising from or in connection with your use of the Service (including any loss or damage arising from the inaccuracy or incompleteness of any content).

7.2 In non-secure zones of the AWB Website, any information supplied by you to AWB will not be in an encrypted form, and you should be aware that there is a risk that a third party may attempt to intercept and/or read the information that you supply. AWB will take all reasonable steps available to it to ensure the security of your information but accepts no responsibility for any loss or damage to you as a result of such interception.

8. Changes

AWB may vary any of these terms of use at any time. AWB will send notice of any variations to the email address you supply in connection with your use of the Service and will post notice of any variations on the Grower Services login page. Your continued use of the Service after such notice will constitute acceptance of the variation.

9. Personal Right

Your right to use Grower Services area of the website is personal to you. You cannot give this personal right to someone else.

10. Applicable Law

You agree that the laws of the State of Victoria in Australia apply to these terms of use. You submit to the non-exclusive jurisdiction of the courts of that state.

11. Severability

Any invalid or unenforceable provision in these terms of use will be struck out and the remaining terms will remain in force.

12. Waiver

If AWB does not act in relation to a breach by you of these terms of use, this does not waive AWB's right to act with respect to subsequent or similar breaches.