Cotton Seed Distributors Ltd (“CSD”) provides access to and the use of the CSD website located at www.csd.net.au, and all associated sites linked to www.csd.net.au by CSD (“the Site”) subject to the following terms and conditions, as amended by CSD from time to time (“these Terms and Conditions”). Your use of the Site constitutes your agreement to all the Terms and Conditions.
1. Terms of Access
- BY USING THE SITE, YOU AGREE TO THESE TERMS AND CONDITIONS; IF YOU DO NOT AGREE, YOU MUST CEASE USING THE SITE IMMEDIATELY.
- CSD may from time to time amend, update, or change these Terms and Conditions, without prior notice, and will post these changes on the Site. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
- CSD may at any time, without notice, interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
- You may download material from the Site, provided that you:
- are a member of CSD (or an employee of a member, to whom CSD has provided guest access to the member-only section of the Site) or a non-member Agent of CSD or business associate of CSD (or an employee of a non-member Agent or business associate of CSD) to whom CSD has provided guest access to the member-only section of the Site, if the material is in the member-only section of the Site;
- do not change or delete any attributions or other proprietary notices or indications of origin or source of any such material;
- use such material only for your personal informational purposes and do not copy or post any such material on any networked computer or broadcast it in any media or republish, frame, upload to a third party, transmit or distribute or make available to or accessible by a third party in any way, any of such material; and
- make no modifications to any such material,
- You must not:
- if a member of CSD (or an employee of a member, to whom CSD has provided guest access to the member-only section of the Site), or a non-member Agent of CSD or business associate of CSD (or an employee of a non-member Agent or business associate of CSD) to whom CSD has provided guest access to the member-only section of the Site, share your login details for access to the member-only section of the Site, with anyone else;
- interfere with or attempt to interfere with the Site or servers or networks connected to the Site, or with any other person’s use of the Site;
- attempt to gain unauthorised access to the Site or any portion or feature of the Site or computer systems or networks connected to the Site or to any CSD server, or to any of the services offered on or through the Site, by any means;
- probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site;
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or CSD’s systems or networks, or any systems or networks connected to the Site or to CSD; or
- use the Site or any material on or accessible through the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
- CSD may deny you access to, or use of, all or part of the Site, without prior notice, if you engage in any conduct that in CSD’s opinion:
- violates any of these Terms and Conditions; or
- violates the rights of CSD or any third parties; or
- is otherwise inappropriate for continued access and use of the Site.
- You agree to indemnify and hold harmless CSD and its officers and employees from and against all claims, liability, damages, and costs arising from your use of the Site or your failure to comply with these Terms and Conditions, or from your violation of any applicable law.
3. Disclaimers & limitations of liability
- The information on this Site is intended as a general guide only and does not purport to be comprehensive or to render specific technical or professional advice. Circumstances vary from region to region and from farm to farm, and you should take into account all the particular circumstances of your farm, and all applicable technology providers and other guidance and directives, and obtain all appropriate input from independent, qualified advisers, before using or relying on anything on or accessible through this Site.
- All information provided on the Site is subject to change without notice.
- CSD makes no commitment to update any material on the Site;
- Subject only to 3(e) below:
- this Site is provided by CSD on an “as is” basis without any express or implied warranty of any kind;
- CSD gives no warranties and makes no representations as to the accuracy, adequacy or completeness of any material on or accessible through this Site or its suitability for use in any particular circumstances, or that your use of the Site will provide specific results;
- CSD does not warrant that access to or use of this Site will be uninterrupted or error free or that any defects will be corrected or that the Site or any material on or accessible through the Site is free from errors or viruses, trojan horses or other contamination or destructive features.
- all conditions, warranties and guarantees by CSD, express or implied, arising by virtue of statute or otherwise and whether as to the Site, or your use of the Site, or any material on or accessible through the Site, or otherwise, are hereby expressly negatived and excluded and CSD shall not be liable in contract, negligence, equity or otherwise for any loss or damage suffered by any person arising from use of this Site including from reliance upon any information, statement or opinion on or accessible through this Site or from any errors or omissions in any material on or accessible through this Site, including without limitation, for any special, indirect, incidental or consequential loss or damage, even if CSD has been advised of the possibility of such loss or damage;
- If any term, condition or warranty is implied into this these Terms and Conditions by law, or if any guarantee in respect of CSD Seed or any other goods or services supplied by CSD under this Agreement is created by the Australian Consumer Law or other legislation, and those laws avoid or prohibit provisions in a contract excluding or modifying them, then the term, condition or warranty shall be deemed to be included in these Terms and Conditions, or the guarantee shall apply and shall not be excluded, restricted or modified, PROVIDED THAT CSD’s liability for a breach of any such term, condition or warranty, or for failure to comply with any such guarantee (other than a guarantee under sections 51, 52 or 53 of the Australian Consumer Law), including any economic or consequential loss or damage which Grower may sustain, will be limited at CSD’s option to:
- in the case of supply of goods, either replacing the goods or supplying equivalent goods or paying the cost of replacing the goods or acquiring equivalent goods;
- in the case of supply of services, either supplying the services again, or paying the cost of having the services performed again.
4. Links to other sites
- This Site may contain links to third party websites. Those links are provided solely as a convenience to visitors to the Site. Such linked sites are not under CSD’s control, and CSD is not responsible for and does not recommend or endorse the content of such linked sites or any information or materials contained on such linked sites or any products or services mentioned or described on such linked sites.
5. Intellectual property rights
- All information, text, photographs, graphics, images, video and audio clips, trade marks, user interfaces, layout, look and feel, and control features of or on the Site (the “Content”) is protected by copyright, trade mark and other intellectual property laws, and is owned or controlled by or licensed to CSD.
- You must not modify, copy, reproduce, republish, frame, upload to a third party, transmit or distribute or make available or accessible in any way any of the Site or any of the Content except as expressly provided in these Terms and Conditions or as permitted by the Copyright Act.
- If any provision of these Terms and Conditions is void, voidable, illegal or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, but without in any way affecting the effectiveness, validity, legality or enforceability of the remaining provisions of these Terms and Conditions.
- The fact that CSD fails to do, or delays in doing, something CSD is entitled to do under these Terms and Conditions, does not amount to a waiver of any of CSD’s rights; nor shall any course of conduct between CSD and you or any other party be deemed to modify any provision of these Terms and Conditions.
- These Terms and Conditions are governed by and must be construed in accordance with the laws of New South Wales. All parties submit to the jurisdiction of the Courts of New South Wales.