WeedLogic Terms and Conditions

  1. WeedLogic website
    1. Website User: By creating an account, or authorising the creation of an account on your behalf, on our website (Account) or ordering or purchasing our Services, or accessing or using the Account or our website, you agree to these Terms and Conditions as between yourself and NUFARM PLATTE Pty Ltd of 103-105 Pipe Road Laverton North, VIC 3026, ACN 007 326 794 (WeedLogic).
    2. Account registration: By registering / using an Account via our website you agree to our collection and use of the information you provide to us, subject to our Privacy Policy, available on our website.
    3. Age of user: You must be a real person and over 18 years old to register for an account. If you are under 18 years old, your parent or legal guardian may register on your behalf.
  2. Accessing and Using the Account
    1. Access to the Account: Upon our acceptance of your registration, and provided you are complying with these Terms and Conditions, we grant to you from the date of registration of the Account a limited, non-exclusive, non-transferable licence to access and use the Account hosted by us during the term of this agreement and subject to these Terms and Conditions. We will use reasonable efforts to provide you with access to the Account via our website(s) with a service availability of 98% uptime every day. You should be aware and agree that access to and use of the Account may be temporarily suspended for scheduled or urgent server maintenance work.
    2. Use of the Account: You agree at all times to access and use the Account and our Services in accordance with:
      1. these Terms and Conditions, and our Privacy Policy - which forms part of these Terms and Conditions;
      2. all applicable laws, including without limitation, laws in connection with privacy, intellectual property, defamation, discrimination, vilification and obscenity, and all relevant regulatory requirements; and
      3. notices sent to you or otherwise made available on our website concerning the Account or our Services.
    3. Data entered onto the Account: You may enter any information, data or other content or upload electronic documents (collectively Content) onto the Account where allowed for by its functionality). You agree that we may use and disclose your Content in accordance with these Terms and Conditions and our Privacy Policy.
    4. Accuracy: It is your responsibility to ensure that all Content is accurate and current as required, as the Content may, where applicable, be relied upon by us in performing the Services. You are solely responsible for the accuracy, currency and the completeness of all Content you enter into the Account and we will not verify the accuracy or completeness of your Content in any way.
    5. Compliance with laws: You represent and warrant to us that you are entitled to enter all Content uploaded by you or on your behalf on the Account and that such Content or its uploading or use by us in the course of the Services does not violate any laws or regulatory requirements, contractual restrictions or other third party rights, including intellectual property rights.
    6. Restrictions: You must not:
      1. enter Content that is Personal Information, such as personal identifying information or the locations of persons or property, or is confidential in nature, except in designated fields, or otherwise enter Content into a field that is not intended for such a field;
      2. act dishonestly or inappropriately or engage in improper behaviour by posting inappropriate, inaccurate, or objectionable Content to the Account;
      3. collect, use, duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rent, lease, loan, trade, rebrand, or otherwise transfer Content found on the Account (excluding Content posted by you) except as permitted in these Terms and Conditions or as expressly authorised by us;
      4. utilise any Content you view on or obtain from the Account to provide any commercial service including any service that is competitive with us; or
      5. upload any Content that is unlawful, libellous, defamatory, abusive, obscene, discriminatory, vilifying or otherwise objectionable.

      We reserve the right to withhold, remove or delete Content without notice, if such Content is deemed by us to be contrary to these Terms and Conditions.

    7. Backup: Although we undertake all reasonable endeavours to have in place appropriate back-up arrangements, you should at all times maintain separate records of all Content uploaded by you. To the maximum extent permitted by law, we exclude all liability arising out of or in connection with loss or deletion of Content, even where this occurs through our negligence.
  3. Confidentiality & Privacy
    1. Confidentiality: Subject to these Terms and Conditions, we will, in relation to the Content you have entered into the Account (unless otherwise required by law or any judicial or regulatory body):
      1. use commercially reasonable efforts to keep it in strict confidence and not provide, disclose, divulge or make available to or permit use of any part of such Content by any other person except as permitted in these Terms and Conditions; and
      2. only permit access to the Content by our employees, agents or contractors who must have such information in order to provide the Services.
    2. Disclosure of your Information: Subject to our Privacy Policy you agree that we may access, preserve, use and disclose your registration and any Content provided by you if required to do so by law or by any judicial or regulatory body, where expressly authorised by you, or where in good faith we believe that such access, preservation, use or disclosure is reasonably necessary in our opinion to:
      1. provide the Services;
      2. respond to your service inquiries;
      3. fulfil the purpose for which the Content is provided;
      4. enforce these Terms and Conditions;
      5. comply with legal process, including but not limited to civil and criminal subpoenas, court orders or other compulsory disclosures;
      6. comply with required or commercially prudent record keeping practices; or
      7. protect the rights, property, or personal safety of the users of the Account or the public.
      Subject to these Terms and Conditions, we never sell, rent or lease your Content to other organisations.
    3. Personal Information: Our Privacy Policy available on our website, governs how we collect, use, handle and disclose any Personal Information you provide or disclose to us, in addition to these Terms and Conditions. You should carefully read and review our Privacy Policy in full before uploading or otherwise disclosing to us any Personal Information. If there are any inconsistencies between our Privacy Policy and these Terms and Conditions with respect to the collection, use, handling and disclosure of Personal Information included in the Content, our Privacy Policy will prevail to the extent of any inconsistencies.
    4. Information provided to Expert: You acknowledge and agree that the Expert will access your Content, including Personal Information you provide or disclose to us, via the Account in order for us to provide the Services.
    5. Fees: If you purchase any goods or Services for a fee that we may offer from time to time, you agree to us utilising third party billing services, to process your payments and you understand that any use of such third party services are subject to their relevant terms and conditions of use. Any purchase may be subject to additional terms and conditions which we will notify you.
    6. GST: Unless GST is expressly included, the consideration expressed to be payable under these Terms and Conditions (if any) for any supply made in connection with this agreement does not include GST, which must be paid as an additional amount upon the provision of a valid tax invoice by the relevant party.
  4. Intellectual Property
    1. WeedLogic Intellectual Property: All intellectual property in and to the Account (including any development, modification, adaptation, enhancement or improvement of the Account) and all trade marks (registered and unregistered) used by us in connection with the Account, our website or our Services belongs to us. Apart from the permitted use under these Terms and Conditions, you acquire no right, title or interest in or to our intellectual property by virtue of these Terms and Conditions. The Account is a web based application and apart from accessing the Account on our website, none of its source or object codes will be made available to you.
    2. Infringement: Without limiting any other provision of these Terms and Conditions, if the Account infringes or is alleged to infringe the intellectual property rights of any third party, we may at our discretion, modify or re-work the Account so that such infringement is removed; procure the right for you to continue enjoying the benefit of the Account in accordance with these Terms and Conditions; or terminate these Terms and Conditions and your access to the Account upon immediate written notice to you without liability.
    3. Restrictions on Use: You must not:
      1. acquire, download, reproduce, or install the Account, in whole or in part, on any computer equipment other than in the course of use permitted under these Terms and Conditions;
      2. sell, lease, license, sub-license, rent, loan, timeshare, encumber, provide, disclose, distribute or otherwise transfer or make available to, or permit use of the Account, in whole or in part, to any third party;
      3. decompile, disassemble, reverse engineer, attempt to derive the source code for, modify, adapt, translate or copy the Account, in whole or in part; or develop any software or create derivative works based upon the Account;
      4. remove, tamper with, seek to override or otherwise interfere with any security or technological protection measure forming part of the Account;
      5. use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other content or data contained in our web site or the Account or the accounts of others;
      6. engage in “framing,” “mirroring” or otherwise simulating the appearance of our website or the function of the Account, unless expressly authorised in writing by us; or
      7. interfere with or disrupt the availability of the Account, including but not limited to any servers or networks connected with our website.
  5. Warranties and Limitation of Liability
    1. Non-excludable Terms: WeedLogic acknowledges that certain laws imply terms, conditions or warranties into contracts for the supply of goods or services that cannot be excluded. For example, consumer-services come with non-excludable warranties under consumer protection legislation that they will be provided with due care and skill and be reasonably fit for their purpose. Nothing in these Terms and Conditions is intended to exclude or restrict the application of such laws. In particular, without limiting the foregoing, where you are considered a “consumer” within the meaning of the Australian Consumer Law we give the guarantees to the extent required with respect to our goods and Services.
    2. No Express Warranty: Subject to the term immediately above and except for (where applicable) any rights and remedies you may have under applicable law which cannot be excluded, to the extent permitted by law, all representations, warranties, guarantees, terms and conditions which would otherwise be implied in or imposed on these Terms and Conditions in connection with any goods or services supplied by us or otherwise relating to the performance of our obligations under these Terms and Conditions, the Account or the performance of our goods or the Services, are excluded. Without limiting the foregoing, to the extent permitted by law we do not warrant that:
      1. your use of the Account or our goods or Services will not infringe the intellectual property rights of third parties;
      2. the Account will be error free or that its use will be uninterrupted;
      3. the Account will operate in combination with other software or any particular equipment, or other system; or
      4. the Account will provide any function other than expressly described on our website with respect to the Account.
    3. Financial Disclaimer: WeedLogic does not accept any liability for any investment decisions made on the basis of the information or content on our website. Our website does not constitute financial advice and should not be taken as such. WeedLogic urges you to obtain professional advice before proceeding with any investment.
    4. External Link Disclaimer: Any links / embedded links have been provided for your convenience. Webpages to which you are transferred, or which are imbedded in our webpages, are not controlled by WeedLogic and WeedLogic is not responsible, and does not accept any liability, for the information contained on those web sites. The provision of a link does not constitute an endorsement or approval of that website or any products or services on that website.
    5. Limitation of Liability: Subject to clause 6.1, and without otherwise limiting the generality of this clause 6, to the extent permitted by law we will not have any liability to you:
      1. arising out of or in connection with the death of, or any illness, disability or personal injury suffered by, any person, or property damage;
      2. for any special, indirect or consequential loss of damage, any loss of profit or opportunity, any business interruption or loss of business information, arising out of or relating to these Terms and Conditions, including claims arising out of the use or not being able to use or any defect in the Account, our goods or the Services or any claims; or
      3. arising out of any reliance on the content of our website (including your Content) or use of the Account, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise, and to the extent permitted by law, your sole remedy for any breach of these Terms and Conditions by us is limited to cancellation of the Account.
    6. Permissible Limitation on Non-excluded Terms: Where by law we are unable to exclude any guarantee, warranty, representation, condition or other term or to limit our liability as set out above, but are entitled to limit it, then our liability to you under such terms is limited, at our discretion, to the repair or replacement of goods, or payment of the cost of repairing or replacing the goods or in the case of services, to the supply the services again or paying the cost of having the services supplied again or, if this is not permitted by law, then refunding the fee paid for the services.
  6. General
    1. Entire Agreement: These Terms and Conditions and any conditions imposed by applicable law constitute the entire agreement of between you and us with respect to this subject matter and supersede and replace all prior agreements and understandings between you and us relating to that subject matter.
    2. Variation: We may vary these Terms and Conditions at any time and we will provide you with notice of the amendments. Any variation of these Terms will take effect on the date specified on the notice. If you do not wish to accept the amendments, please notify us and we will arrange with you the termination of the Account. If you continue to access the Account after the amendments come into effect, you will be deemed to have accepted the amendments.
    3. Assignment: You may not assign or transfer your rights or obligations under these Terms and Conditions unless unreasonably withheld.
    4. Sub-contract: You acknowledge that we may sub-contract the supply (in whole or part) of the Services.
    5. Notices: All notices under these Terms and Conditions must be in writing and sent by email.
    6. Severance: If any provision of these Terms and Conditions is held invalid, unenforceable or illegal for any reason, these Terms and Conditions will otherwise remain in full force apart from such provision which will be deemed deleted.
    7. Governing Law: These Terms and Conditions are governed by the laws of Victoria, Australia and the parties submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.