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Terms of Use

Date: 1 November 2016


 

Definitions

Harmful Code means any form of harmful surreptitious code or other contaminants, including viruses, bugs, trojan horses, spyware or adware.

Loss means loss, damage, cost or expense (to any person or property) including consequential or indirect loss or any loss of profits, data or revenue.

Agency means any company other than fertigate.

You and your means the user of fertigate.com.au.

Our, us and we means fertigate.

 

General

  1. fertigate.com.au is managed by fertigate.
    Your use of fertigate.com.au is deemed to be your acceptance of these Terms of Use. Please read them carefully.
  1. These terms of use are governed by the laws of New South Wales, Australia and you agree to submit to the exclusive jurisdiction of the courts of New South Wales.
  2. If any of these terms of use are held to be invalid, unenforceable or illegal for any reason, the remaining terms of use will continue in full force.
  3. We may revise these terms and conditions from time to time. Please check our website.
  4. In the case of Web offers aimed at companies or public enterprises, such companies or enterprises are represented by the user and must assume that the user has appropriate knowledge and acts accordingly.
  5. Please contact us if you have any questions, problems or feedback regarding the terms of use.

     

Intellectual Property Rights

  1. Material contained in this web site is protected by copyright.
  2. Notwithstanding the particular provisions elsewhere in these Terms of Use, information, brand names, Trade marks and other contents of fertigate and Our web site may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of fertigate.
  3. Except for the rights of use and other rights expressly granted herein, no other rights are granted to You nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.
  4. The web site, products, technology and processes contained in this web site may be the subject of other intellectual property rights owned by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of this web site must not in any way infringe the intellectual property rights of any person.
     

 

Lawful purposes

  1. You agree to use fertigate.com.au only for lawful purposes, and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of fertigate.com.au by any third party. This includes conduct which is unlawful or which may harass or cause distress or inconvenience to any person, the transmission of obscene or offensive content or disruption to fertigate.com.au.
  2. You must not post or transmit via fertigate.com.au any unlawful, defamatory, obscene, offensive or scandalous material, or any material that constitutes or encourages conduct that would contravene any law.
  3. You agree that in using fertigate.com.au, you shall not
  • harm other persons, in particular minors, or infringe their personal rights;
  • breach public morality in its manner of use;
  • violate any intellectual property right or any other proprietary right;
  • upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;
  • transmit, store or upload hyperlinks or contents to which You are not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or
  • distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material and You shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.
  1. fertigate may deny access to the fertigate Web Site at any time, in particular if the User breaches any obligation arising from these Terms of Use.


 

Linked websites

  1. We take reasonable care in linking fertigate.com.au to other websites but we have no direct control over the content presented in those websites or the availability of those websites. We are not required to maintain or update the links. Any information on a linked website is provided 'As Is'.
  2. We make no representation that material on any linked websites does not infringe the intellectual property rights or any other rights of any person. We do not authorise the reproduction of such material.
  3. Links to externals sites should not be misconstrued as endorsement, approval or recommendations, or assurance of third party content, including products and services offered by, from or through those websites or their content.
  4. We make no warranty or accept any liability in relation to information and material which may be contained on external sites.


Security

  1. We strive to protect information you provide on fertigate.com.au. We will use all reasonable endeavours to ensure that fertigate.com.au and your information are not compromised. However, we cannot guarantee that no Harmful Code will enter fertigate.com.au. You should be aware of the risks associated with using websites.
  2. We recommend you use appropriate and up-to-date firewall, anti-virus software, anti-spyware, and anti-spam filter software to protect your computer systems.
  3. Where connection to a system or website outside our control compromises the objectives of fertigate.com.au, we may sever links to that website or system.


Privacy

  1. For more information about how we protect your privacy and personal information, please see our Privacy Policy.
  2. We do not share information about you with other agencies without your permission unless it:
  • is necessary to provide you with a service that you have requested
  • is required or authorised by law
  • will prevent or lessen a serious and imminent threat to somebody's health.


Linking policy

  1. Our Web Site may contain hyperlinks to the web pages of third parties and:
  • Whilst every effort is made to ensure the links are as current and as complete as possible, due to the consistent process of change on many websites there will inevitably be a small amount of out-of-date or missing content at any point of time.
  • Links will be made in good faith with the expectation that the content is appropriately maintained by the author and is timely and accurate. However, we can offer no endorsement, representations, guarantees or assurances as to the content if such web sites / pages.


Linking to this site

  1. You may link to this website provided you do not:
  • imply that fertigate endorses Your website or product
  • use com.au solely for commercial practices
  • change the content of the material technically (eg the material is presented in a frame so that users are unable to determine the location of the original material).

We may ask you to remove the link from your website if these conditions are not met.


Disclaimers and Limitation of Liability

  1. Except where to do so would cause any part of these Terms to be illegal, void or unenforceable, fertigate:
  • Excludes all conditions and warranties implied into these Terms;
  • To the fullest extent permitted by applicable law, is not liable to you or anyone else for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered, in connection with use of this web site; and
  • Excludes liability (whether that liability arises under contract, tort (including negligence) or statute) for any special, indirect or consequential loss or damage (including without limitation loss of revenue and loss of, or damage to, data) suffered or incurred in connection with this web site.
  1. Without limiting the general disclaimer, fertigate:
  • Makes no warranty as to the completeness or accuracy of any material or as to its merchantability or fitness for a particular purpose. fertigate is not liable to you or anyone else if errors occur in the information on this web site or if that information is not up-to-date;
  • Will not be liable for disruptions to this web site; and
  • Is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this web site or an external site. You must take your own precautions to ensure that whatever you select for use from this web site is free of viruses or anything else that may interfere with or damage the operation of your computer systems.


Other Liability, Viruses

  1. The liability of fertigate for defects in relation to quality and title shall be determined in accordance with the provisions of these Terms of Use. Any further liability of fertigate is excluded unless prohibited by law. The damages in case of breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damage if there is no wilful misconduct or gross negligence.

  2. Although fertigate makes every endeavour to keep the fertigate Web Site free from viruses, fertigate cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.