Farm Monitoring Solutions – terms of access to the website
This website (referred to in these Terms of Access as the Website) is owned and operated by Whitten Enterprises Pty Ltd trading as Farm Monitoring Solutions (ABN 30 117 187 023) (“the Owner”) on the World Wide Web (WWW). The material on the Website is copyright © 2019 Farm Monitoring Solutions.
The Website is available for you (referred to in these Terms of Access as the Users) to access conditional on your acceptance without alteration of the terms and conditions set out below. By continuing to access the Website the Users are agreeing to the terms and conditions set out below.
1. Consumer guarantee
- (a) The Owner complies with Australian Consumer Law. The services that we provide to the Users are: –
- i) provided with due care and skill;
- ii) fit for the particular purpose specified by the Users and agreed to by the Owner; and
- iii) provided within the time and date of the agreement between the Users and the Owner.
- (b) The products that we provide to the Users are: –
- i) safe, lasting, with no faults
- ii) look acceptable
- iii) match the description
- iv) do all the things someone would normally expect them to do
- (c) If these consumer guarantees on our products or services are not met by the Owner, the Owner will work with the Users to provide an appropriate remedy.
2. Website disclaimer
- (a) The Owner is making the Website available for others to publish information without assuming a duty of care to users. The Owner gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked sites on the WWW.
- (b) To the full extent permitted by law, the Owner disclaims any and all warranties, express or implied, regarding: –
- i) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and
- ii) merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.
- (c) The Owner will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of the Users:
- i) acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and
- ii) using or acquiring, or the Users’ inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.
- (d) The Owner does not warrant guarantee or make any representation that:
- i) the Website or the server that makes the site available on the WWW are free of software viruses;
- ii) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
- iii) errors and defects in the Website will be corrected.
- (e) The Owner is not liable to you for:
- i) errors or omissions in the Website, or linked sites on the WWW;
- ii) delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
- iii) defamatory, offensive or illegal conduct of any of the other Users of the Website,
- iv) whether caused through negligence of the Owner, its employees or independent contractors, or through any other cause.
3. Links to other websites
- (a) The Website contains links to sites on the WWW owned and operated by third parties and which are not under the control of the Owner.
- (b) In relation to the other sites on the WWW, which are linked to the Website, the Owner:
- i) provides the links to other sites as a convenience to the Users and the existence of a link to other sites does not imply any endorsement by the Owner of the linked site; and
- ii) is not responsible for the material contained on those linked sites.
4. Exclusion of liability
- (a) To the full extent permitted by law, the Users release the Owner from, and agree that the Owner is not liable in any way for any liability, or injury, loss or damage arising out of or in connection with, either directly or indirectly, the Owner’s services including, but not limited to providing the materials or information contained on the Website and/or linked sites on the WWW, unless it is caused by the negligence of the Owner.
5. Limitation of liability
Clause 2 may not apply to the Users in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law, the Owner’s liability for any implied warranty or condition is limited to the supply of the services again or the payment of the cost of having the services supplied again.
6. Alteration of terms of access
The Owner reserves the right to change these Terms of Access: –
- (a) with or without further notice to the Users; and
- (b) without giving the Users any explanation or justification for such change.
7. Relevant jurisdiction
- (a) If any part of these Terms of Access is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Access and the severed part will not affect the validity and enforceability of any remaining provisions.
- (b) These Terms of Access will be governed by and interpreted in accordance with the law of Victoria and the applicable laws of the Commonwealth of Australia in force from time to time, without giving effect to any principles of conflicts of laws.
- (c) The Users agree to the jurisdiction of the courts of Victoria to determine any dispute arising out of these Terms of Access.