Terms and Conditions

Introduction

The website www.australianfoodandfibre.com.au (“this website”) is owned and operated by AFF Holdco Pty Ltd in its capacity as the trustee for AFF Holding Trust (ABN 18 717 304 813).

These terms and conditions apply to the use of this website, including the use of the information services offered on the portal of this website. In using this website for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions you must refrain from using the website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of specific parts of this website, such as the terms and conditions for the AFF Holdco Pty Ltd in its capacity as the trustee for AFF Holding Trust Grower Portal (available via a link from www.australianfoodandfibre.com.au).

In these terms and conditions for use of this Website “we”, “our” and “us” means AFF Holdco Pty Ltd in its capacity as the trustee for AFF Holding Trust and “our website” means the URL www.australianfoodandfibre.com.au and “you” and “your” means you, the customer.

E-mails and other online communications

When you visit our website or send e-mails to us, you are communicating with us electronically. By using the website you consent to receiving communications electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all electronic communications from us of agreements, notices, disclosures or other information satisfy any legal requirement that such communications be in writing.

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. As such, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmissions we will take reasonable steps to preserve the security of such information.

We may preserve the content of any email you send us if we believe we have the legal requirement to do so.

Cookies and Web beacons

A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use cookies on this website. We use session ID cookies to make it easier for you to navigate around our website. A session ID cookie expires when you close your web browser. If your computer is set to reject cookies, you may still use our website, but your ability to use some of the areas of our website will be limited. Cookies could possibly be tracked for up to 30 days.

Some of our business partners (such as our tracking utility company) use cookies and Web beacons on our website to monitor site activity.

Copyright and other intellectual property rights

We own or have the right to use the trade marks the Australian Food and Fibre name and the AFF logo and reserves all rights in relation to each of those trade marks. Any other intellectual property rights, including graphics, logos, trade marks, design, text, icons, the arrangement of them, sound recordings and all software relating to this website (collectively, “the Content”) are either owned by us or licensed by us from third parties. These intellectual property rights are protected by Australian and international laws. You should assume that all of the content made available to you through this website is owned or licensed by us and is protected by copyright or other proprietary rights.

Nothing contained on this website is to be interpreted by you as a recommendation or consent to use any information on this website in a manner which infringes our intellectual property rights or the intellectual property rights of any other person, company or entity. We make no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.

Subject to the Copyright Act 1968 (Cth) and similar legislation, you must not in any form or by any means:

• reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website; or
• commercialise any information contained from any part of the website,

without our prior written permission or, in the case of third party material, from the owner of the copyright in that material. Your use of this website and use of or access to any of the Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a limited, non-exclusive, revocable, royalty-free licence to access the website and view the Content on these terms and conditions and, where applicable, as expressly authorised by us and/or our third party licensors.

Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

• any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
• using this website to defame or libel us, our employees or other individuals;
• uploading files that contain viruses that may cause damage to our property or the property of other individuals;
• posting or transmitting to this website any unauthorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.

If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

Changes to terms and conditions

We reserve the right to make changes to these terms and conditions and any other terms and conditions contained on this website or relating to the terms of use of this website including the portal at any time. Any such amendment will be effective immediately upon posting on this website. You should check these terms and conditions regularly for such changes. Your continued use of this website following such posting will represent an agreement by you to be bound by these terms and conditions as amended.

External sites

This website may contain links to, or frame, websites of third parties (“external sites”). We are not required to maintain or update external sites. Unless expressly stated otherwise, we have no control over or rights in any of those linked external sites.

Our provision of any links to external sites should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the external sites, or for any information, products or services referred to on the external sites unless expressly indicated on this website.

We make no warranties in respect of, and we accept no liability in relation to, any material contained on external sites.

Disclaimer

This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (including the Australian Consumer Law) or equivalent State or Territory laws, which cannot be excluded or limited.

Except where to do so would otherwise cause any part of these terms and conditions to be illegal, void or unenforceable, we exclude all conditions, guarantees and warranties implied into these terms and conditions or in connection with any goods or service provided through this website.

We do not accept responsibility and we disclaim liability for any loss, damage or injury (including negligence), howsoever caused, which you may directly or indirectly suffer (or allegedly suffer) in connection with use of this website, nor do we accept any responsibility for any such loss arising out of your use or reliance of information contained on or accessed through this website. This limitation includes, but is not limited to, consequential damages, interruption of business, loss of data, income or profit, loss of or damage to property, and third party claims.

Limitation of liability

Without limiting the general disclaimer, we:

• make no warranty as to the completeness, adequacy or accuracy of any material, nor do we undertake to keep this website updated. You agree that you will not rely on such information or materials, or their availability and that any reliance you make will be on your independent assessment with the aid of qualified independent advisers. We are not liable to you or anyone else if errors occur in the information on this website or if that information is not up-to-date;
• will not be liable for disruptions to this website. Access to this website may be terminated by us without notice. Our disclaimer will nevertheless survive any such termination;
• make no warranties that goods acquired from this website will meet your requirement, nor do we make any warranties of merchantability or fitness for a particular purpose; and
• will not be liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this website or an external site.

You must take your own precautions to ensure that whatever you select for use from this website is free of viruses or anything else that may interfere with or damage the operation of your computer system or systems. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.

Under no circumstances, including but not limited to any act or omission on our part, will we be liable for any indirect, consequential and/or incidental damage or loss of profits whatsoever which result from any use or any access of, or any inability to use or access, this website.

To the fullest extent permitted by law, our liability for any breach of any implied guarantee, warranty or condition for goods or services we provide you which cannot be excluded, is limited at our option to the following:

• in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; and
• in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.

In all other cases, and to the maximum extent permitted by law, in no event will we be liable for any direct and indirect loss, damage or expense (irrespective of the manner in which it occurs) which may be suffered or incurred due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that any information or materials contained on it are incorrect, incomplete or not up-to-date.

General

We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control. If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

These terms and conditions are governed by the laws in force in New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

Resolving your concerns

If you have any concerns with, or do not understand, our website terms and conditions we encourage you to contact us.

Our contact details are below and we will respond to your query as soon as possible.

Email: [email protected]

Telephone: +61 2 6752 5795

Address: PO Box 399 or 74 Heber Street, Moree, NSW 2400