Legals

Viterra Limited 

Web Site Conditions of Use

1. Introduction
   These terms and conditions ("Conditions") apply to your use of any services provided by Viterra Ltd ("Viterra") via the Internet, including Viterra's web site www.viterra.com.au ("Online Services"). By using the Online Services, you agree to these Conditions. If you do not accept these Conditions, you must cease using the Online Services.
   These Conditions also apply to any materials provided by us to you, or by you to us, via the Online Services (including without limitation information, text, images, graphics, logos, audio and/or video recordings, code and software) ("Materials").
   
   These Conditions apply in conjunction with our Online Privacy Policy.
   
   You may only use the Online Services for lawful purposes. You must comply with all directions given by us in relation to your use of the Online Services.
2. Grower Only Areas
   Certain Online Services are available only to growers ("Growers' Services"). Your use of the Growers' Services is subject to the following terms, in addition to the Conditions:
   • you must take reasonable steps to ensure that all information used to access the Growers' Services, such as your user name, password and PIN ("Access Information") remains secret, and you must not disclose this information to any third party (whether you use your Access Information or not);
   • you must ensure that the details you provide to us are complete, accurate and up-to-date at all times, and must promptly notify us of any changes to this information;
   • you are solely responsible for all use made of your Access Information, and any consequences that may arise from such use; and
   • you must notify us immediately if you suspect that your Access Information has been obtained by another party or that unauthorised use has been made of your Access Information.
3. Disclaimer
   Whilst we endeavour to ensure that all Materials provided via the Online Services are accurate and up-to-date, we make no express warranties to you, except those expressly set out in the Conditions. For example, we do not represent or warrant that your access to the Online Services will be error-free, uninterrupted or timely. You must take your own precautions against computer viruses or other forms of interference you may experience in connection with the Online Services.
   
   Viterra’s views are not necessarily those expressed in the Online Services and the Materials.
   In providing the Online Services we exclude:
   • all conditions, warranties and terms implied by statute or general law or custom except any implied condition or warranty the exclusion of which would contravene any statute or cause this clause to be void (“Non Excludable Condition”);
   • all liability to you in contract for consequential or indirect damages arising out of or in connection with your use of the Online Services even if we knew they were possible or they were otherwise foreseeable, including, without limitation, lost profits and damages suffered as a result of claims by any third person; and
   • all liability to you in negligence for acts or omissions of us and our employees, agents and contractors arising out of and in connection with your use of the Online Services.

Our liability to you for breach of any express provision of the Conditions or any Non Excludable Condition (except a Non Excludable Condition implied by section 69 of the Trade Practices Act 1974) is limited at our option to one of supplying, replacing or repairing the goods or supplying again those services in respect of which the breach occurred.

We do not exclude liability to you for breach of any Non Excludable Condition implied by the Trade Practices Act 1974 in respect of goods or services ordinarily acquired for personal, domestic or household use and consumption.

You agree to indemnify Viterra, any organisation related to or affiliated with Viterra, and that organisation's and Viterra’s officers, employees, contractors, advisers, agents, partners, and suppliers from and against any and all claims, losses or damages (including from any third party) arising in relation to:

1.  
   • your use of the Online Services;
   • any information you transmit via the Online Services; or
   • any breach by you of these Conditions.
2. Intellectual Property
   Unless otherwise indicated, Viterra is the owner or licensee of the copyright and all other proprietary rights in the Materials. Viterra does not represent or warrant that any Materials do not infringe any third party intellectual property rights.
3. Other Online Services
   If we provide links or references in the Online Services to Other Services, this does not imply any relationship or association between Viterra and (or any approval or endorsement by Viterra of) those Other Services or the individuals or organisations that operate those Other Services, unless and to the extent stipulated to the contrary.
4. Access
   Your access to the Online Services may be terminated or restricted by us for any reason at any time.
   We may amend these Conditions at any time and any changes (including any termination of your right to use the Online Services) will be effective immediately upon the publication of the amended Conditions on our web site, or your receipt of notice of termination from us. These Conditions will survive any termination of your access to any of the Online Services.
5. Relevant Law
   These Conditions are governed by the laws in force in South Australia, Australia. You agree to submit to the exclusive jurisdiction of the courts of South Australia, Australia regarding the determination of any dispute related to the Online Services.