These terms and conditions were last updated on 14 May 2014.
This website is owned by Queensland Fruit & Vegetable Growers Limited t/a Growcom Australia (“Growcom”). These terms and conditions govern your use of our website and your legal relationship with Growcom.
These terms and conditions may be changed by Growcom without notice to you. By browsing the website and using the INFOPEST Database, you are accepting the current terms and conditions. It is your responsibility to check these terms and conditions each time you access the website.
Using the Growcom Website
You agree not to use the website to:
. breach any laws, codes, standards, and content requirements of any relevant authority;
. obtain unauthorised access to any information, network or systems;
. attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the site, including the use of automated tools;
. compromise the security or integrity of any network or system including any part of our network; and
. place any viruses or other similar programs onto the website.
You may use the INFOPEST Database solely to determine methods of crop and animal protection, together with associated registered label particulars and Material Safety Data Sheets (MSDSs), provided that you preserve the integrity of the INFOPEST Database and use it only for personal use (which includes use in connection with your own business where that business involves raising or growing of crops or animals, providing advice as to the raising or growing of crops or animals and use as a reference source).
Other than stated above, you may not use the INFOPEST Database or the information contained in the INFOPEST Database without the prior written consent of Growcom, for any purpose including:
. reproducing it in material form (other than printing pages for personal use) unless express written consent of Growcom is granted;
. using it for marketing purposes;
. selling or distributing it in any material form;
. downloading the entire the INFOPEST Database;
. accessing the INFOPEST Database other than via the platform provided by Growcom;
. re-publication or re-communication of the INFOPEST Database by any medium of communication;
. uploading and/or reposting the INFOPEST Database to any other site on the internet;
. incorporating the data contained in the INFOPEST Database with your own products or materials, using the data for the development of any products or materials, providing any services or assisting in the provision of any services or otherwise commercially exploit the data in contained in the INFOPEST Database.
Ownership of copyright
The copyright in this website, the INFOPEST Database and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on and comprising this website) is owned by, or licensed to, Growcom.
Growcom grants to you a worldwide non-exclusive royalty-free revocable licence to:
. view this website and the material on this website on a computer or mobile device via a web browser;
. copy and store this website and the material on this website in your web browser cache memory; and
. use this website and print pages from this website for the permitted uses listed above.
Growcom does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.
To avoid doubt, you must not adapt, communicate, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website, the INFOPEST database or the material on this website (in any form or media), or make any commercial use of the website or its content, without Growcom’s prior written permission, or unless permitted under the Copyright Act 1968 (Cth).
The automated and/or systematic collection of data from this website is prohibited.
You may request permission to use this website or the INFOPEST Database on this website by writing to firstname.lastname@example.org or Growcom, PO Box 202, Fortitude Valley 4006.
Enforcement of copyright
Growcom takes the protection of its copyright very seriously.
If Growcom discovers that you have used this website or the INFOPEST Database in contravention of these terms above, Growcom may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.
If you become aware of any use of this website or the INFOPEST Database that contravenes or may contravene the licence above, please report this by email to email@example.com or by post to Growcom, PO Box 202, Fortitude Valley 4006.
If you become aware of any material on the website that you believe infringes your or any other person's copyright, please report this by email to firstname.lastname@example.org or by post to Growcom, PO Box 202, Fortitude Valley 4006.
This website and the INFOPEST Database is provided “as is” without any representations or warranties, express or implied unless such warranties are legally incapable of exclusion. You expressly agree that your use of the website including any content you may obtain through or on the website or any part of it is at your sole risk.
Without prejudice to the generality of the foregoing paragraph, Growcom does not warrant that:
. this website will be constantly available, or available at all, or free of fault;
. the information on this website is complete, true, accurate, current or non-misleading;
. chemicals or pesticides will function or have the effect or effects stated or implied in the INFOPEST Database;
. there is no other information which should be considered with respect to any particular use of the chemicals or pesticides;
. any particular chemicals or pesticides are safe for use.
It is your responsibility to make enquiries to ensure that any material or information on which you seek to rely is accurate and current. Nothing on this website constitutes, or is meant to constitute, advice of any kind. You acknowledge that there has been no reliance by you on our skill, judgment or any representation by us whatsoever in deciding whether the website or related information is fit for any particular purpose. If you require advice in relation to any legal or financial matter you should consult an appropriate professional.
Limitations of liability
Growcom will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website (including without limitation arising from the use of the website including the INFOPEST database, any inability to access the website or any part of it or a linked website):
. to the extent that the website is provided free-of-charge, for any direct loss;
. for any indirect, special or consequential loss; or
. for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Growcom has been expressly advised of the potential loss.
Where such liability cannot be excluded, our liability to you is strictly limited, at our discretion, to the supplying of the relevant service again or the payment of the cost of having the relevant service supplied again.
Nothing in these terms and conditions will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
Linking to this website
Linking to this website is only allowed if prior written consent is obtained from Growcom.
Linking to third party websites
You agree that you will not bring any claim personally against Growcom's officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these terms and conditions will protect Growcom's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Growcom.
If any provision of these terms and conditions is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these terms and conditions.
By using the website, you agree to these terms and conditions, and you agree that they are reasonable. If you do not agree to the terms and conditions or do not think they are reasonable, you cannot use the website.
These terms and conditions and your use of the website are subject to laws applicable in Queensland, Australia (including federal and state legislation). The laws in your country may be different to Australian laws, but the laws in Australia are the governing laws of your use of this website. You agree that any litigation in relation to this website and Growcom will only be conducted in the courts of Queensland, Australia.
Copyright © 2014 Queensland Fruit & Vegetable Growers Limited t/a Growcom Australia.