Terms of Use

Our Website

This is a website operated by GrainCorp Limited (ABN 60 057 186 0354) ("GNC") under the domain name "www.graincorp.com.au" ("GNC Website"). The GNC Website is operated on behalf of GNC and its related bodies corporate (together called the "GNC Group").

Please read these Terms of Use carefully as they apply to your use of the GNC Website and any information derived from it, as well as from any tools, transaction or other systems or applications (“Apps”) made available to you by the GNC Group whether accessed through a handheld, static or other device. Your use of the sounds, information, pricing, stock or port information, Pools, storage or warehousing information, documents, graphics, presentations and materials on the GNC Website or any Apps ("Information") is governed by these Terms of Use (and as amended from time to time) as well as any specific terms on the GNC Website or any Apps which form part of the Terms of Use and govern your use of (and access to any Information on your handheld or other devices), and access to, certain sections of the GNC Website or to any Apps. Since you are also bound by these additional terms, you should review them wherever they are accessible to you on the GNC Website or via or on any Apps.

By viewing or using the GNC Website or any Apps, you agree to be bound by these Terms of Use which form a legally binding agreement between you and GNC. If you do not want to be bound by these Terms of Use, do not continue to use the GNC Website or any Apps. Further, we may amend these Terms of Use at any time. Your continued use of the GNC Website is considered to be acceptance of the amended Terms of Use. Please ensure you read these Terms of Use and pay particular attention to the revision date at the bottom of this section.

These Terms of Use incorporate our Privacy Policy (as updated from time to time) which appears on the GNC Website.


Termination

These Terms of Use (and the agreement constituted by your use of any Information, on the GNC Website or on any Apps) and your access to the GNC Website or any Apps may be terminated at any time by GNC without notice. All restrictions, licences granted by you and all disclaimers and limitations of liability by the GNC Group will survive termination, however, you will no longer be authorised to access the GNC Website or any Apps.

 

Jurisdiction

Unless expressly agreed otherwise:
• the Australian section is provided for use only by Australian residents. The law applicable to use of the Australian section and to disputes arising out of the Australian section is the law of the State of New South Wales, Australia; and
• each international section is provided for use only by residents of the jurisdiction to which that international section applies. The law applicable to use of each international section and to disputes arising out of the international section is the law of that jurisdiction.

 

Logos, linking to GNC Website or Apps

Please contact us if you would like to use any of our logos, Information or place a link to any part of the GNC Website or any Apps on your webpage or other applications. Please contact us if you would like to use any of our logos, Information or place a link to any part of the GNC Website or any Apps on your webpage or other applications. If you are seeking to use any Information including in any third party or non GrainCorp system or application, we will require you to contact us before so doing, so that we can consider your request to use the Information as well as the intended display system or application. You should not assume that GrainCorp has designed its Information or any App’s with your intended use in mind, nor that it consents to any alternative system or display method. We accordingly accept no responsibility in connection to such use or modifications.

 

Copyright & Trade marks

The Information on this Website, including all Information (including text, graphics, images, photographs and sound), is protected by copyright pursuant to the Copyright Act 1968 (Cth), as amended from time to time and the laws of other countries. You must not alter, reproduce, store in any retrieval system or transmit the material on the GNC Website or any Apps or any part thereof, unless authorised by GNC in writing or permitted by the Copyright Act 1968 (Cth).
All trade marks that are included on the GNC Website are the property of their respective owners and are protected by relevant laws in Australia and other countries. You must not use any of these trade marks (including the reproduction, modification, distribution, repudiation, display or communication of these trade marks) except by saving or printing out a copy of the GNC Website for personal non-commercial use, unless expressly authorised by GNC or the owner of the relevant trade mark in writing.
"GrainCorp", and all associated trade marks of all GNC brands and businesses, and our Apps are the property of the GNC Group and may be the subject of trade marks of the GNC Group 
 

SPAM

GNC publishes electronic addresses on the GNC Website and on Apps to facilitate communication relating to our business functions. This is not to be inferred as consent by GNC or the relevant addresses to receiving unsolicited commercial messages or SPAM as referred to in the Spam Act 2003 (Cth).

 

Links and other Applications

From time to time, the GNC Website and our Apps may contain a link to a websites or applications operated by third parties ("Third Party Sites"). The GNC Group does not endorse, or approve of the operators of Third Party Sites, or the information, graphics or any other material on those Third Party Sites ("Third Party Information"). We do not represent that any Third Party Sites are safe, accurate or legitimate or that any Third Party Information is accurate, fit for any purpose or can be used by you as you may intend. 

 

Warranties

While we have made every effort to ensure that information is free from error, the GNC Group does not warrant the currency, accuracy, adequacy or completeness of any Information on the GNC Website or on any Apps. All Information is subject to change without notice. GNC recommends that you seek independent advice before acting upon Information on the GNC Website or on any Apps, or any Third Party Information. We cannot and do not guarantee that the GNC Website, any Apps or Third Party Sites will be free from viruses, or that access to the GNC Website, Apps or Third Party Web Sites will be uninterrupted.

Subject to any applicable law which cannot be excluded, the GNC Group makes no warranties or representations:
• regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Information or products or services available through Third Party Sites; or
• that Third Party Information does not infringe the intellectual property rights of any person.

GNC is not authorising the reproduction of Third Party Material by linking Information on the GNC Website or any Apps to Third Party Information.

All offers to sell and statements relating to goods and services available on Third Party Websites are the responsibility of and given by the Third Party Web Site operator.

 

Forward Looking Statements

The GNC Website and our Apps may include Information or links to forward looking statements such as expected future performance, planned expenditure or activities, operations, achievements, crops, receivals etc. These forward looking statements involve risks – some identified and some unknown which will cause the results and outcomes to be different and in many instances materially different. For example climate and weather conditions can affect global stocks and grain prices, governmental policies can change, key personnel changes can cause disruptions, crop quality may experience insect or other disease etc. This is of course not an exhaustive list. Forward looking statements should not be relied upon as accurate complete or up to date and the GNC Group and its directors and officers disclaim all liability howsoever connected to forward looking statements.

 

Third party software

Unless otherwise indicated software downloads available via links from the GNC Website or Apps are third party products and these may be subject to a licence agreement between you and the relevant product owner. To the extent permitted by law, the GNC Group accepts no liability in respect of such third party products and the GNC Group provides no warranty and gives no endorsement in respect of such products or any party connected with them. We do, however, welcome your feedback or suggestions concerning these products

 

GrainCorp product information and supply including downloads and updates

Information on the GNC Website and on any Apps may contain general information about GNC Group products and services. Unless expressly stated otherwise, this information:
• does not constitute an offer or inducement to enter into a legally binding contract;
• is provided to you “as is”; and
• may not form part of the terms and conditions for GNC Group products and services.

Please exercise care when downloading any Information as you may be subject to additional costs from your own network provider which we have no knowledge of or responsibility for.

While we endeavour to ensure changes to Information are updated on the GNC Website and any Apps, please note that there may be delays in uploading new Information, including pricing, grades of grain to be received at particular sites, opening times and so forth. This may also apply to your personal account or grower delivery records. You may also experience network or other delays which affect the currency of any Information you are viewing, which may be displayed differently on different devices. All Information is general and indicative only and details relevant to you can only be confirmed at the time of any relevant binding transaction. We accept no liability for any action you take or don’t take based on any Information. We encourage you to contact us to confirm details of Information you are viewing.

From time to time you may also experience untimely, interrupted or inconvenient access to the GNC Website or any Apps.

All transactions and agreements for goods and / or services are subject to relevant contract terms being offered to you by GrainCorp, and accepted by you, current at the time.

All applications for credit are subject to the GNC Group's normal credit approval criteria. 

 

Your Secure Logins or Devices

From time to time you may access Information or your own account or grower delivery summaries on or via the GNC Website or on any Apps via a secure login, NGRs, password or user identification (or similar) (“Passcodes”). It is your sole responsibility to keep your Passcodes and all your devices (handheld or otherwise) safe and secure, and free from viruses or unauthorised access or use. If you have share farming or other arrangement where such Passcodes are shared and you no longer wish for this to occur, please contact us immediately in writing. We are not responsible for unintended or unauthorised use of your Passcodes or any resulting Information or account or grower delivery summary access.

The GrainCorp Group may use records of your access to and use of the GNC Website or any Apps to derive user data, user location, viewer statistics and similar information. Unless you advise us otherwise in writing, we assume that you agree for us to use this information for such purposes.

From time to time you may access Information or your own account or grower delivery summaries on or via the GNC Website or on any Apps via a secure login, NGRs, password or user identification (or similar) (“Passcodes”). It is your sole responsibility to keep your Passcodes and all your devices (handheld or otherwise) safe and secure, and free from viruses or unauthorised access or use. If you have share farming or other arrangement where such Passcodes are shared and you no longer wish for this to occur, please contact us immediately in writing. We are not responsible for unintended or unauthorised use of your Passcodes or any resulting Information or account or grower delivery summary access.

The GrainCorp Group may use records of your access to and use of the GNC Website or any Apps to derive user data, user location, viewer statistics and similar information. Unless you advise us otherwise in writing, we assume that you agree for us to use this information for such purposes. 
 

Limitation of liability

The GNC Group and its directors and officers make no warranties or representations about the Information including whether accessed at or via, or your use of, the GNC Website, any Apps or their content including any Third Party Information. GNC is not responsible to you or anyone else for any damages of any kind, including (but not limited to) any direct or consequential loss and losses resulting from security failure, disclosure of confidential information by other parties or the transmission of a computer virus, suffered in connection with the use of the Information, GNC Website or any Apps whether based on breach of contract or warranty, tort (including negligence), product liability or otherwise, even if the GNC Group is informed in advance of the possibility of such damages. The GNC Group excludes, to the extent permitted by law, any liability which may arise as a result of the use of the GNC Website or any Apps. By using the GNC Website or any Apps, you agree to indemnify and hold harmless the GNC Group, its directors and officers for any loss or liability arising out of or connected to your use (or any party using your devices or Passcodes). Use of the GNC Website, any Apps and all Information is at your own risk and you assume full responsibility and risk of loss resulting from your downloading, use of, or access to all Information including data, files, information, or other material including Third Party Information on or through the GNC Website or any Apps. The GNC Group's (including all directors and officers) aggregate liability to you for any other losses resulting from the use of the GNC Website or any Apps is limited to the nominal amount of $AUD1.

Revision Date: 3rd August 2012.

 

Further Information

Contact: GrainCorp Limited
Attention: Group General Counsel
Level 26, 175 Liverpool Street
Sydney NSW 2000 AUSTRALIA
T: +612 9325 9103
E: bivanoff@graincorp.com.au