Version Date: 10 September 2014
Our Website and Applications
As used herein, “You” and “Your” refers to any individual, company or legal entity that accesses or otherwise uses our Sites and Apps.
Use of Sites and Apps
Users are prohibited from attempting unauthorised access to the AWB and
GrainFlow Sites, systems, networks or Apps. This includes, without limitation;
- attempting to access Content for which the user has no authorisation;
- attempting any breach of system or network security;
- attempting to introduce a virus to the AWB or GrainFlow system or network;
- sending unsolicited e-mails through the AWB or GrainFlow system or network.
Any violations of the AWB or GrainFlow Sites, system, Apps or network security may result in civil or criminal liability.
Ownership of site and content
Except as expressly set forth in the Terms and Conditions governing Authorized Users’ use of the Service, rights, title and interests in this Site, including all of the software and code that comprise and operate our Sites and Apps, and all of the Content provided through our Sites and Apps is owned by Cargill or by third parties who have licensed or provided their Content to us. Our Sites and Apps are protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. In addition, all of the Content is a collective work under Australian and international copyright laws and treaties, and Cargill owns the copyright in the selection, coordination, arrangement and enhancement of the Content of our Sites and Apps.
Agreements governing your use of password-protected areas of our Sites and Apps
All commodity-related Prices are exclusive of storage and handling charges and are quoted at base grade quality (unless otherwise expressly specified on our Sites or Apps), exclusive of GST (as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)).
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 Cargill does not represent or warrant that the Prices are accurate or that any particular result or outcome is guaranteed.
Prices and Content provided to you via our Sites and Apps do not constitute an offer to contract with Cargill or any other party.
Please contact Cargill via the contact details on our Sites or Apps to confirm any pricing.
Some of the information, commodity prices, articles and other materials available through our Sites and Apps are provided to Cargill by third parties (“Third Party Content”). Wherever practical, in our opinion, the source of these third-party commodity prices, information and materials is identified. Cargill does not endorse the Third Party Content or the vendors who supply them to us, nor does Cargill warrant or represent that these commodity prices, information, materials are current, accurate, complete or reliable. Cargill does not have a practice of monitoring or making inquiries about Third Party Content. Third Party Content is provided for Your interest and convenience only. Third Party Content does not represent the views of Cargill. You rely on Third Party Content completely at your own risk.
You acknowledge and agree that Content may be obtained by our Sites and Apps using the Internet or other communication networks which are not operated by us and which may be affected by factors outside of our control. Accordingly, we cannot guarantee the availability of our Sites or Apps or any Content.
You acknowledge and agree that our Sites and Apps may use mobile data networks to acquire Content or may require you to download information and that this may involve charges for data imposed by your carrier or service provider. It is your responsibility to be aware of these charges and we are not responsible for any charges you may incur through the use of our Sites and Apps.
We do not accept any responsibility whatsoever for unavailability of our Sites or Apps or any Content or any difficulty or inability to download or access any Content. You Acknowledge that We do not guarantee continuous, uninterrupted or secure access to our services or the Content, and operation of our Site may be interfered with by numerous factors outside our control.
Device manufacturers and device software providers (including but not limited to Apple and Google) have no obligation whatsoever to furnish any maintenance or support services with respect to our Sites, Apps or any Content
The trademarks and service marks used or displayed on our Sites and Apps ("Trademarks") are registered and unregistered trademarks of members of Cargill, its related bodies, its affiliates, or third parties. You may not use any Trademarks displayed on our Sites or Apps without the prior express written permission of Cargill or the trademark owner.
Links to third-party Web sites, services and applications
Our Sites and Apps may contain links or services to/from other web sites owned by third parties (including but not limited to, advertisers, affiliate partners, strategic partners, mapping services, location finders). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their Web sites and applications.
The inclusion of a link or service on our Sites or Applications does not imply our endorsement of such third party. If You decide to access any such linked Web sites, application or service, You do so at Your own risk.
Links to other Cargill Web sites
Disclaimer of warranties
Your use of our Sites and Apps and all of the Content, products and services made available through our Sites and Apps, is at your sole risk. Our Sites and Apps, and all of the content, products and services made available through our Sites and Apps, IS provided on an "as is" and "as available" basis, without representations or warranties of any kind whatsoever. To the fullest extent permitted by law, Cargill, its related bodies, its affiliates and their respective directors, officers, employees, agents, licensors and service providers, expressly disclaim all representations and warranties of any kind whatsoever, whether express, implied, or statutory, with respect to our Sites and Apps; the Content, products and services made available through our Sites and Apps; your use of our Sites or Apps; or any Web sites to which our Sites and Apps are linked.
Without limiting the generality of the foregoing, Cargill, its related bodies, its affiliates and their respective directors, officers, employees, agents, licensors and service providers disclaim all representations and warranties (A) of merchantability, acceptable quality, fitness for a particular purpose, title and non-infringement; (b) arising from course of dealing or course of performance; (c) regarding the security of our Site, Apps or our systems; (d) that the content is accurate, complete, current, relevant or reliable; or (e) that your use of our Site and Apps will be uninterrupted or error-free.
Some jurisdictions do not allow the limitation of certain warranties, so some of these disclaimers may not apply to you.
Limitation of liability
Under no circumstances, shall Cargill, its related bodies, its affiliates, or their respective, officers, directors, employees, agents, licensors and service providers, be liable to you or to any third party for any indirect, incidental, special, exemplary or consequential losses or damages, including loss of profits, revenues, savings, opportunity, data or goodwill, arising out of or in connection with the use of or inability to use Our Sites or Apps or in connection with the Content, products and services made available through Our Sites or Apps.
In no event shall Cargill, its related bodies, its affiliates or their respective directors, officers, employees, agents, licensors and service providers, aggregate liability hereunder to you or to any third party claiming through you for any cause whatsoever arising out of or in connection with Our Sites or Apps or Content exceed AUD 100.00.
Each of the foregoing limitations of liability apply to the fullest extent permitted by law, whether the alleged liability is based on contract, negligence or other tort, strict liability or any other basis; even if an authorized representative of Cargill or one of its affiliates, licensors or service providers has been advised of or should have known of the possibility of such damages; and without regard to the success or effectiveness of other remedies.
Some jurisdictions do not allow the exclusion of liability for certain types of damages. Accordingly, some of the foregoing limitations of liability may not apply to you.
Modification and discontinuation
We reserve the right to discontinue or modify our Sites and Apps at any time without prior notice.
Governing law, jurisdiction and venue
We welcome Your comments, feedback, suggestions, and other communications regarding our Sites, Apps and the information and services we make available through them (collectively, “Feedback”). The Feedback You provide to us through our Sites will be and remain our exclusive property.
Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in Your Feedback, including all copyrights and other intellectual property rights in Your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback You submit for any purpose whatsoever, without restriction and without compensating You in any way. For this reason, we ask that You not send us any Feedback that You do not wish to assign to us.
Send an e-mail to email@example.com
Write to us at:
Cargill Australia Ltd
GPO Box 58
Melbourne, 3001, Victoria, Australia
Tel: +61 (0) 3 9268 7200