Terms and Conditions
AGRIKNOW AUSTRALIA PTY LTD
TERMS AND CONDITIONS
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OUR DISCLOSURES TO YOU: By accepting these Terms, you agree that:
Nothing in these terms limit your rights under the Australian Consumer Law. |
Acceptance
Welcome to the AgriKnow platform! We offer a platform where you can access a range of resources relating to agricultural and farming practices, and the results of research and studies conducted by a range of organisations and institutions (Platform).
You accept these terms and conditions (Terms), including our Privacy Policy, which is available at https://agriknow.com.au/, by downloading or using our Platform. These Terms will commence on the date on which you accept these Terms and will continue until the date they are terminated in accordance with the Termination clause below (Term).
The Platform is available as a mobile application. If you access or download the mobile application version of our Platform from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google App Terms of Service.
In these Terms, we, our or us means [Agriknow Australia PTY LTD] ABN [63 659 564 020].
Signing up to the Platform
You can access the Platform as a guest which will allow you to access our free content and features. To enter into and manage subscriptions for premium versions of the Platform you will need to create an account (Account). You must be at least [18 years old] to use the Platform and create an Account.
You must provide basic information when registering for an Account, such as your name and phone number/email address. You must ensure that any information you give to us when creating an account, including personal information, is accurate and up-to-date.
You are responsible for keeping your Account details confidential and you will be liable for all activity on your Account. You will immediately notify us of any unauthorised use of your Account. At our sole discretion, we may refuse to allow any person to register or create an Account.
Your conduct on the Platform
When using the Platform, you agree:
- to not share any content which is defamatory, hurtful, offensive, discriminatory, obscene, derogatory, sexually explicit, violent or illegal; and
- that you have all rights and licences required to share any content.
You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including:
- anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
- interfering with any user using our Platform;
- misrepresenting your identity;
- tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including using trojan horses, viruses, piracy or programming routines that may damage or interfere with our Platform;
- anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations; or
- facilitating or assisting a third party to do any of the above acts.
You agree that we may terminate your Account and these Terms if you breach any of these rules.
You agree to release us from any Liability caused or contributed by, arising from or connected with, your interactions with other users of the Platform.
Subscriptions
We offer a premium version of the Platform through a paid subscription the details and inclusions of which will be set out on the Platform (Subscription). We may also offer Subscriptions to businesses which allows employers the ability to link multiple employee Accounts to a master business account where you can manage the number of employee subscriptions and user details for each Account (Business Subscription). The price, details and inclusions of Business Subscriptions will be set out on the Platform.
Your Subscription may begin with a 30 day free trial. We determine free trial eligibility in our sole discretion and we may limit eligibility to prevent free trial abuse. We reserve the right to revoke the free trial and suspend your Account at any time in the event that we determine that you are not eligible. Free trials are only available for new Account holders. If you do not cancel during the free trial period, we will charge your chosen payment method for the Subscription you have chosen and its corresponding subscription fee (Fees) on the day your free trial ends (Payment Date).
Unless your Subscription is terminated in accordance with these Terms, your Subscription will roll over on an ongoing annual basis, and you will be charged the same Fees on each anniversary of the Payment Date. Without limiting your rights under the Australian Consumer Law, you can cancel your Subscription at any time in accordance with the Cancellation of Subscription clause of these Terms but the cancellation will only have effect from expiry of the annual period for which you have paid the Fees.
We may provide a number of payment methods on the Platform. If you make payment using a third-party payment processor, you accept their terms and conditions. You must not pay, or attempt to pay, the Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment. We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
Intellectual Property Rights
Our intellectual property
Unless otherwise indicated, we own or license all rights, title and interest (including intellectual property rights) in our Platform.
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
Unless otherwise agreed to by us, you must not, without our prior written consent: (a) copy or use, in whole or in part, any of our intellectual property; (b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or (c) breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property. For the avoidance of doubt, this clause does not limit you from promoting our Platform on your social media platforms.
Your intellectual property
You grant us a limited licence to copy, transmit, store and back-up or otherwise access the content, text, information, and other data provided by you to us or inputted by you into the Platform, stored by the Platform or generated by the Platform as a result of your use of the Platform (User Data) during the Term and for a reasonable period after the Term to: (1) supply our services (including for back-ups) to you; (2) diagnose problems with the Platform; (3) develop other services, provided we de-identify the User Data; (4) enhance and otherwise modify the Platform; and (5) as reasonably required to perform our obligations under these Terms.
This clause will survive termination of these Terms.
Collection Notice
We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
We may disclose that information to third party service providers who help us deliver our Platform (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. By using our Platform, you consent to us disclosing your personal information to third party service providers. If you do not provide this information, we may not be able to provide you with access to our Platform. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
Our Privacy Policy contains further information about: (1) how we store and use your personal information; (2) how you can access and seek correction of your personal information; (3) how you can make a privacy-related complaint; and (4) our complaint handling process.
By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.
Third party sites
The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites.
Feedback
You agree that: (1) all Intellectual Property Rights in any idea, suggestion, recommendation or request by you, whether made verbally, in writing, directly or indirectly, in connection with the Platform (Feedback), will at all times vest, or remain vested, in us; and (2) we may use Feedback in any manner which we see fit (including to develop new features) and no benefit will be due to you as a result of any use by us of any Feedback.
Consumer Guarantees
Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our Platform which cannot be excluded, restricted or modified (Statutory Rights).
Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.
Notice regarding Apple
To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.
Apple has no obligation to furnish you with any maintenance and support services with respect to our App.
If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our Platform infringes that third party’s intellectual property rights.
You agree to comply with any applicable third-party terms when using our mobile application.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Liability
In these Terms, Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with: (1) your acts or omissions; (2) any use or application of the Platform by a person other than you, or other than as reasonably contemplated by these Terms; (3) any works, services, goods, materials or items which do not form part of the Platform; (4) any interaction between you and any other user on the Platform, whether on the Platform or in person; (5) any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Platform; (6) the Platform being unavailable, or any delay in us providing the Platform to you, for whatever reason; and/or (7) any event outside of our reasonable control.
This clause will survive the termination or expiry of these Terms.
Limitations on Liability
Despite anything to the contrary, to the maximum extent permitted by law and whether under statute, contract, equity, tort (including negligence), indemnity or otherwise: (1) our maximum aggregate Liability arising from or in connection with these Terms will be limited to the fees incurred for the cost of the product; and (2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data.
This clause will survive the termination or expiry of these Terms.
Third Party Inputs
You agree that the provision of the Platform may be contingent on, or impacted by, third parties or any goods and services provided by third parties, including our IT services, suppliers, or other subcontractors (Third Party Inputs). Despite anything to the contrary, to the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.
You agree that the benefit of the Third Party Input’s interface, or interoperation with, the Platform, is subject to your compliance with this clause.
Warranties
You represent, warrant and agree that: (1) you have full legal capacity to enter into these Terms; (2) these Terms constitute a legal, valid, binding and enforceable agreement; and (3) you will provide all assistance, information and documentation necessary to enable us to provide the Platform and that all information you provide to us in connection with the Platform will be true, accurate and complete.
You acknowledge and agree that we do not guarantee that the Platform will be secure, uninterrupted or error or virus free or that it will meet your expectations or requirements.
This clause will survive the termination or expiry of these Terms.
Termination
Cancellation of Subscription: You may request to cancel your Subscription at any time by notifying us via the ‘cancel my subscription’ feature in your Account]. Your cancellation will take effect from the end of the minimum period. If you cancel your Subscription because we have changed the Subscription inclusions and the change has a substantial and adverse impact on you, or we have changed the Fees, then the termination of the Subscription will be immediate, and we will refund you for any Fees that you have paid upfront but have not been used on a pro-rata basis. Should you cancel your Subscription with us, you will continue to have access to our free content through your Account with us, and should you seek to reactivate your Subscription in the future you can do so through the Platform.
At our sole discretion, we may suspend your Account or terminate these Terms immediately with notice to you if you are in material breach of these Terms, any applicable laws, regulations or third-party rights.
If we suspend your Account or these Terms are terminated, we will immediately cease providing the Platform to you, and you will not be able to access your Account, and to the maximum extent permitted by law.
General
Changes to the Platform and Terms: You agree that we may amend these Terms and the features of our Platform at any time. If we amend these Terms, or we make any changes to our Platform that will have a material adverse effect on you, we will provide you with written notice. By continuing to use the Platform, you agree to the amended terms. If you do not agree to the amendment, you must terminate these Terms in accordance with the Termination clause.
Discontinuance: We may, with written notice to you, discontinue our Platform, in whole or in part. We are not responsible for any loss, damage or expense you may suffer, arising from or in connection with any such discontinuance or exclusion.
Disputes: If a dispute arises, the parties will agree to meet in good faith to seek to resolve the issue, before proceeding to any dispute resolution process. This won’t prevent a party from seeking urgent equitable relief.
Jurisdiction: Your use of our Platform and these Terms are governed by the laws of Victoria. You submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
For any questions and notices, please contact us at:
[Agriknow Australia PTY LTD] ABN [63 659 564 020]
Email: info@agriknow.com.au
Last update: 6 Dec 2023