Terms and Conditions
- Terms and conditions
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- 1.1. These terms and conditions (“Agreement”) are the general terms and conditions of your use of the workonfarm.com.au website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Meridian Agriculture (doing business as “Work on Farm”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Meridian Agriculture, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
- Accounts and membership
- 2.1. You must be at least 16 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 16 years of age.
- 2.2. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorised uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
- 2.3. To become a registered user, you must provide a password and an email address. You are entirely responsible if you do not maintain the confidentiality of your password and email address. Furthermore, you are entirely responsible for any and all activities that occur under your email address. You may change your password at any time by following the “Forgot Password” function.
- Billing and payments
- 3.1. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time.
- Accuracy of information
- 4.1. Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.
- Links to other resources
- 5.1. Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, Meridian Agriculture will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.
- Prohibited uses
- 6.1. In addition to other terms in this Agreement, you are prohibited from using the Website and Services or information published on the Website:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.
- Intellectual property rights
- 17.1. For the purposes of this Agreement “Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world.
- 17.2. This Agreement does not transfer to you any intellectual property owned by Meridian Agriculture, associated entities or third parties, and all rights, titles, and interests in and to such intellectual property will remain (as between the parties) solely with Meridian Agriculture or associated entities. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks, whether registered or unregistered, of Meridian Agriculture, its associated entities or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of Meridian Agriculture, Meridian Agriculture’s associated entities’ or third party trademarks.
- Disclaimer of warranty
- 18.1. You agree that the Services are provided on an “as is” and “as available” basis and that your use of the Website and Services is solely at your own risk. To the extent permitted by law we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
- 18.2. You also understand that we cannot and do not guarantee or warrant to you that files available for downloading through the Website or delivered via electronic mail through the Website will be free of infection or viruses, worms, trojan horses or other code that manifest contaminating or destructive properties.
- Limitation of liability
- 19.1. To the fullest extent permitted by applicable law, in no event will Meridian Agriculture, its associated entities, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.
- 19.2. To the maximum extent permitted by applicable law, the aggregate liability of Meridian Agriculture and its associated entities, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount the greater of one dollar or any amounts actually paid in cash by you to Meridian Agriculture for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
- 19.3. You acknowledge and agree that information published by Meridian Agriculture is intended to provide general information in summary form on market insights, legal and other issues. Meridian Agriculture does not warrant the accuracy or completeness of such information.
- 19.4. Meridian Agriculture does not endorse or recommend any of the jobs, business or self-employment opportunities advertised on its Website and Meridian Agriculture strongly recommends that prior to entering into any agreement with any of the employers on the Website, that you obtain your own independent legal, accounting, financial or taxation advice as appropriate. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Website, third parties or on the internet generally.
- 19.5. In no event will Meridian Agriculture be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Services or Website.
- Indemnification
- 20.1. You agree to indemnify and hold Meridian Agriculture and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable legal fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your information on the Website, your use of the Website and Services or any wilful misconduct on your part.
- Privacy
- 21.1. You acknowledge and agree to allow Meridian Agriculture to collect, use and disclose your personal information in accordance with our Privacy Policy.
- 21.2. While Meridian Agriculture takes all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on Meridian Agriculture systems or on Website. Meridian Agriculture disclaims all liability to you to the greatest extent possible pursuant to applicable law should this occur.
- 21.3. You agree that information contained on the Website is for personal use only and, without our prior written consent, may not be sold, redistributed or used for any commercial purpose (this includes but is not limited to the use of advertiser contact details for unsolicited commercial correspondence and the information available from our Website and Services for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
- 21.4. You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on the Website (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our Website on your own website or in any other publication), except with our prior written consent.
- Severability
- 22.1. All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
- Dispute resolution
- 23.1. The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Victoria, Australia without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Australia. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Victoria, Australia, and you hereby submit to the personal jurisdiction of such courts and its appellate courts.
- Assignment
- 24.1. You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
- Changes and amendments
- 25.1. We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will send you an email to notify you. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
- 25.2. An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
- 25.3. Termination of this Agreement will not end those provisions that are capable of surviving the ending of this agreement.
- Acceptance of these terms
- 26.1. You acknowledge and warrant to us that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorised to access or use the Website and Services.
- 26.2. By entering into this Agreement you warrant to us that you have read, understood and accept our Privacy Policy.
- Contacting us
- 27.1. If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us here.