The Site

This website (the “Site”) is owned by Grain Growers Limited, ABN 25 000 245 269 (“GrainGrowers”). The Site and any related services are, unless otherwise specified, provided to you by GrainGrowers (the “Provider”).

Use of the Site

In using the Site, you are deemed to have read and accepted the conditions described in this Terms of Use statement, the Disclaimer, the Intellectual Property and Copyright Notice, the Privacy Policy and any other terms, conditions, notices and disclaimers contained on this page and elsewhere on the Site (“General Conditions”). Your access to the Site constitutes your agreement to contract with the Provider and be bound to the General Conditions.

The Provider reserves the right to amend the General Conditions without notice. By continuing to use the Site after any changes are made to the General Conditions, you are deemed to acknowledge and agree to be bound by the General Conditions and any changes made to them.

You are advised:

  • to read the General Conditions each time you view and use the Site
  • not to use the Site if you cannot agree to abide by the General Conditions
  • to always check and independently verify any and all information, content and material on the Site (“Content”)

Limitation of Liability

You accept all risks and responsibility for liability, losses, damages, costs and other consequences resulting directly or indirectly from your use or inability to use the Site, any websites linked to it and any information or material contained on the Site or websites linked to it. You acknowledge and agree that the liability of the Provider to you is several and not joint and several.

To the maximum extent permitted by law, the Provider will not accept any liability for any losses, damages or costs howsoever caused (including, but not limited to, by the negligence of the Provider), arising out of, or in any way related to, the use, inability to use, or result of the use of the Site, any websites linked to it and any information or material contained on the Site. This limitation on liability applies to and includes, without limitation, direct, indirect, consequential, special, punitive or other damages that you or others may suffer, as well as damages for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, business interruption, loss of data or information, and any other loss, damage or cost of any kind.

User Representation and Warranty

You represent and warrant that any information relating to a property (including but not limited to any information used by the Provider to calculate yield estimates and other Content displayed on the site) (“Property Information”) that you provide to the Provider or input on to the Site relates to a property:

  • that you either own or have a beneficial interest in; or
  • the owner or beneficial interest holder of which has authorised you to provide the Property Information to the Provider or to input it on to the Site.

Without limiting the Providers remedies, if the Provider reasonably believes that you have breached this clause, the Provider may immediately:

  • if you have a subscription to ProductionWise, suspend or terminate your subscription;
  • suspend or terminate your access to the Site; and
  • permanently delete your ProductionWise account as well as any Property Information you have provided to the Provider or inputted on to the Site.

Disclaimer and Acknowledgment

Content on the Site:

  • is provided for information purposes only
  • does not constitute any form of advice, recommendation, representation, endorsement or arrangement by the Provider and is not intended to be and should not be relied upon by users of the Site or any other person in making (or refraining from making) commercial or other decisions
  • is displayed without any guarantees, covenants or warranties as to its accuracy or authenticity, merchantability, fitness for a particular purpose, non-infringement, uninterrupted or error free use
  • is displayed in response to, and is reliant for its accuracy on, information provided to the Provider or inputted on to the Site by you. The Provider makes no representations, guarantees, covenants or warranties as to the accuracy or authenticity of the information provided to the Provider or inputted on to the Site by you or the Content which is displayed on the Site in response to this information
  • is derived from sources believed by the Provider to be respectable and accurate at the time of publication
  • is provided by the Provider to disseminate information that reduces the operational risk of farming and other activities involving the use of land, water and biophysical resources
  • contains opinions, estimates, forecasts, projections and forward looking statements based on assumptions about future events that may not be correct or necessarily take place
  • must not be used or relied upon as a substitute for site-specific measurement of weather conditions
  • must not be used or relied upon without verifying its accuracy with the relevant original third party publisher of the information
  • must not be used or relied upon instead of independent advice from a practicing agronomist
  • is not a substitute for independent professional advice of any kind relevant to the user’s circumstances
  • is subject to the uncertainties of scientific and technical research
  • may include third party content and which is subject to that third party’s terms and conditions of use
  • is subject to change without notice, including
    • sources from which raw data is acquired
    • techniques used to process, analyse and generate forecasts from this data
    • functionality and outputs of the Site

Subscriptions

The following terms apply to persons who have purchased or been granted a subscription to the Site, and for the avoidance of doubt, apply in addition to the rest of the General Conditions:

For the current subscription fee, please use the subscription link on the Site. The Provider reserves the right to change the subscription fee charged, or introduce new fees, from time to time.

Unless stated otherwise by the Provider, the purchase of a subscription to the Site may only be made using a valid VISA or Mastercard credit card. Payments will be processed automatically after the online subscription application is submitted. Your subscription begins when your payment is approved. The subscription period is 12 months from the date of subscription.

You acknowledge and agree that the Provider may contact you (including by phone, email and other electronic channels) within a reasonable time before and after the expiry of your subscription term for the purpose of providing you the opportunity to renew your subscription for a further 12 months. If you fail to renew your subscription, your subscription will automatically terminate and your account will revert to a free account type with an area limit of 2,500ha. In the instance that your subscription account expires and you have digitised (digitally mapped) more than 2,500 ha, you will be able to access your mapped area and continue using the paddock and grain diaries, however you will not be able to edit existing paddocks or add additional paddocks unless existing paddocks are deleted to bring your account area limit less than 2,500 ha, or until you renew your subscription to the level that suffices your account area requirements.

You may not assign or transfer your interest in your subscription without the prior written consent of the Provider, which consent may be withheld at the Providers sole discretion.

Agreements Governing Your Use of Password-Protected Areas of this Site

When you register to use the service or any other password-protected area of this Site, you will be asked to agree (by checking a box or clicking on a button) to special terms governing your use of the password-protected area. This type of agreement is referred to as a “click-through agreement”. If any of the terms of the click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the click-through agreement.

Third Party Links

The Site contains hyperlinks to and information about other websites and resources provided by third parties. These websites and resources do not form part of the Site and are not under the control of the Provider. The Provider does not have any responsibility for the content of any such websites or resources, and accepts no responsibility for them or any loss, damage or cost of any kind that may arise from your use of them. The Provider does not endorse such content or the third parties who supply it to the Provider, nor does the Provider warrant or represent that the content is current, accurate, complete or reliable. If you link to any such website, you leave the Site and do so at your sole risk and responsibility. If you contact a third party using functionality provided on the Site, including via e-mail, or as a result of your use of the Site, you do so at your sole risk and responsibility. The Provider accepts no responsibility for any actions taken by a third party in response to your communication or for any agreements, transactions or other arrangements entered into between you and the relevant third party.

Other

You acknowledge and agree that the Provider or their authorised representatives may contact you (including by phone, email and other electronic channels) for the purpose of providing you with information about other GrainGrowers products, including but not limited to SprayWise Decisions, and other relevant information. You may unsubscribe from this information service at any time by contacting the Provider or their authorised representatives.

The General Conditions represent the entire agreement between you and the Provider and supersedes all prior agreements and representations.

These General Conditions and all other additional terms which govern your use and access to the Site will be governed by and construed in accordance with the laws of New South Wales, Australia.

The Provider reserves any rights not expressly granted in the General Conditions.

Failure or delay by the Provider or you to exercise any right, power or remedy under the General Conditions will not operate as a waiver of any such right, power or remedy.

Severability

In any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.

Intellectual Property and Copyright Notice

All Content on the Site provided by GrainGrowers and the related intellectual property (including copyright) is owned by the Provider and is protected by intellectual property laws.

Any Content on the Site provided by a user is owned by the User and is governed by the Privacy Policy as outlined on the Site.

By using the Site you agree to accept the following conditions relating to copyright and intellectual property:

  • Apart from any fair dealing for purposes of study, research, criticism and review, as permitted under Australian copyright legislation, no part of the Site may be reproduced, re-used or redistributed for any commercial purpose or distributed to a third party for such purpose without the permission of the Provider. The print, export and email functionality is designed to facilitate operational use of Content by authorised users. Material derived from the Site must not be distributed for commercial gain or used in a manner that undermines the potential for the Provider to increase revenue, which includes but is not limited to, increased revenue through additional subscriptions.
  • You may make temporary copies of Content in printed, digital or electronic format for purposes permitted under the General Conditions but you must not change any of the Content.
  • Any permitted reproduction, including fair dealing, must acknowledge the Provider as the source of any such Content reproduced. Any reproduction of Content from the Site must include the legend 'Copyright © GrainGrowers Limited' and a copy of the disclaimer set out in the Terms of Use.
  • The trade marks on the Site are trademarks or registered trademarks of the Provider. Nothing displayed on the Site should be construed as granting any licence or right of use of any logo or trademark displayed, without the express written permission of the relevant owner.

The foregoing license is subject to these Terms of Use and does not include the right to use any data mining, robots or similar data gathering or extraction methods. This license is revocable at any time without notice and with or without cause. You may not and you may not permit others to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the Content on this Site except as expressly provided in these Terms of Use without the Providers prior written permission. Nothing in these Terms of Use shall be construed as transferring any right, title or interest in this Site or it’s Content to you or anyone else, except the limited license to use this Site and it’s Content on the terms expressly set forth herein.