AWB Terms of use

Welcome to the awb.com.au, grainflow.com.au and grainplan.com.au websites and Mobile Applications (“Apps”)  operated by Cargill Australia Limited (ABN 42 004 684 173), (“we”, “our” or “us”). This notice sets out certain conditions governing your use of all parts of our Sites and Apps. By using our Sites and Apps, you agree to all of the matters set out in this notice (“Terms of Use”). There are other conditions governing your use of our Sites and Apps (or parts of them) that are accessible from our Sites (Our Privacy and Security Policies). By using our Sites and Apps, you similarly agree to those conditions.

As used herein, “You” and “Your” refers to any individual, company or legal entity that accesses or otherwise uses our Sites and Apps.

Website and Applications means all websites (“Sites”) owned and operated by us, any information derived from them, as well as from any tools, transactions or other systems or applications (“Apps”) made available to you by us whether accessed through a handheld, static or other device. Your use of all of the text, information (including without limitation storage or warehouse information), photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials provided through Sites and Apps (collectively, “Content”) is governed by these Terms of Use (as amended from time to time) as well as any specific terms on the Sites or any Apps which form part of the Terms of Use and govern your use of (and access to any Content on your handheld or other devices), and access to, certain sections of our Sites or Apps. Since you are also bound by these additional terms, you should review them wherever they are accessible to you on our Sites or via or on any Apps.

Our Sites and Apps include areas that are open to all visitors and password-protected areas, such as the secured financial and transactional information areas (the “Service”), that may be accessed only by Cargill Australia “account owners” and other authorized users (collectively, “Authorised Users”). These Terms of Use apply to both the public areas of this Site and Apps and the password-protected areas of this Site and Apps.

Your consent
Please review these Terms of Use carefully.  By accessing or using our Sites and Apps, you are agreeing to comply with and be bound by these Terms of Use.  If you do not agree to these Terms of Use, you may not access or use our Sites and Apps.

As we add new features and functionality to our Sites and Apps, we may need to update or revise these Terms of Use. We therefore reserve the right to update or revise these Terms of Use, at any time and without prior notice, by posting the revised version on www.awb.com.au.

These changes will be effective as of the date we post the revised version on www.awb.com.au. Your use of our Sites following any such change constitutes Your consent to the terms of the revised Terms of Use. For this reason, it is important to review these Terms of Use regularly.

If we modify these Terms of Use, we will provide a notice at the top of this page for at least 30 days after the new effective date.

You may access the current version of these Terms of Use at any time by clicking on the link marked “Terms of Use” at the bottom of each page of our Sites or within the “more information” section within our Apps.

For Your convenience, we will post the effective date of the Terms of Use at the top of the Terms of Use, so that You can see at a glance whether our Terms of Use have changed since Your last visit.

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.

We hereby grant You a limited, revocable license to download and print copies of any portion of the Content on our Sites and Apps to which You have properly gained access, but only for Your internal business use or for Your own personal, non-commercial use, and only if You do not remove, modify or obscure any copyright, trademark, or other proprietary notices from the Content You download. The foregoing license is subject to these Terms of Use and does not include the right to use any data mining, robots or similar data gathering or extraction methods.
This license is revocable at any time without notice and with or without cause. You may not permit others to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the Content on our Sites or Apps except as expressly provided in these Terms of Use without our prior written permission. Nothing in these Terms of Use shall be construed as transferring any right, title or interest in our Sites and Apps or their Content to You or anyone else, except the limited license to use our Sites and Apps and their Content on the terms expressly set forth herein.
 

Agreements governing your use of password-protected areas of our Sites and Apps
When You register to use the Service or any other password-protected area of our Sites or Apps, You will be asked to agree (by checking a box or clicking on a button) to special terms governing Your use of the password-protected area. This type of agreement is referred to as a “click-through agreement.”  If any of the terms of the click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will prevail and are intended to supplement or amend these Terms of Use, but only with respect to the matters governed by the click-through agreement.

Price Information
Unless expressly stated otherwise, the following applies to all prices, pricing information, currency exchange rates, futures exchange quotes and related Content made available through our Sites and Apps.  All Prices form part of the Content and are subject to these Terms of Use.

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.

Third-Party content.
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.

Availability
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

Trademarks
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.

We do not assume any responsibility or liability for the actions, product, and content of any such Web sites or application. Before You use any third party Web site or application, You should review the applicable terms of use and policies for such 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
This Site may contain links to other web sites owned by Cargill, our related bodies or our affiliates. Different Web sites are used for different purposes and therefore may have different terms of use and privacy policies. These Terms of Use (and the Online Privacy Policy referenced above) apply only to Cargill.com. Before You use any other Web site, You should review the applicable terms of use and policies for that Web site.
 

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.

Interpretation
As used in these Terms of Use, the term “including” means “including, but not limited to” and the term “related bodies” means “related bodies corporate” as that term is defined in the Corporations Act 2001 (Cth).

Waiver
Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by any of us of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability
If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.

Governing law, jurisdiction and venue
These Terms of Use shall be governed under the laws of the State of Victoria, Australia without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use shall be venued exclusively in state or federal court in Victoria, Australia. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.

Entire agreement
These Terms of Use, as supplemented or amended by any applicable, Online Privacy Policy, privacy notices or click-through agreements, contain the entire understanding and agreement between You and us with respect to this Site and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between You and us with respect thereto.

Your feedback
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.