General Terms and Conditions (includes Disclaimer)

Ezigrain General Terms and Conditions of Use

Acceptance and Changes to Terms and Conditions of Use

"You" means you personally, your business entity and officers, employees and agents of your business entity.

You acknowledge and accept that your use of the ezigrain Web Site indicates your acceptance of these Terms and Conditions of Use.

These are the current Terms and Conditions of Use. They replace any other Terms and Conditions of Use for the ezigrain Web Site published on the ezigrain Web Site to date. Ezigrain may at any time vary the Terms and Conditions of Use by publishing the varied Terms and Conditions of Use on the ezigrain Web Site. You accept that by doing this, ezigrain has provided you with sufficient notice of the variation.

Ezigrain reserves any rights not expressly granted in these Terms and Conditions of Use.

Your use of this website is governed by these terms and conditions.

Eligibility

This web site is available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, this web site is not available to minors. If you do not qualify, please do not use the Service. Ezigrain may refuse access to and usage of this web site to anyone at any time, in its sole discretion.

Accessing this web site from territories where its content is illegal is prohibited.

Disclaimer

Use of the information and data contained on this web site on these pages is at your sole risk.

If you rely on the information on this web site you are responsible for ensuring by independent verification its accuracy or completeness.

The information and data on this web site is subject to change without notice. Viterra Ltd may revise this Disclaimer at any time by updating this posting.

Ezigrain:

makes no representations, express or implied, as to the accuracy of the information and data contained on this web site;
accepts no liability for any use of the said information and data or reliance placed on it;
makes no representations, either expressed or implied, as to the suitability of the said information and data for any particular purpose;
makes no warranties that the said information and data is free of infection by computer viruses or other contamination. You must take your own precautions against computer viruses;
does not sponsor, endorse or necessarily approve of any material on sites linked from or to this Site;
does not make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on sites linked from or to this Site;
does not make any warranties or representations that material on other web sites to which this site is linked does not infringe the intellectual property rights of any person anywhere in the world; and
does not authorise the infringement of any intellectual property rights contained in material in other web sites by linking this web site to those other web sites.

Limitation Of Liability

Unless otherwise stated, the information and services provided on our site are provided "as is", without warranties or representations of any kind. Any warranties, guarantees, representations or other assurances implied or imposed by law or statute are expressly negatived and excluded to the fullest extent permitted at law or by statute. To the extent that they cannot be excluded, the liability of ezigrain shall be limited to the cost of the resupply of the information or services.

Ezigrain shall not be liable for any consequential damages such as loss of profits, loss of wages loss of enjoyment, property damage or stress or anxiety arising out of any negligence or non performance or breach of a contractual obligation in respect of any matter act or thing in relation to this web site, including but without limiting the generality of the foregoing, any late delivery of goods or services or the downloading by a user of infected data.

Indemnity

You, your business entity and officers, employees and agents of your business entity agree to indemnify and hold harmless ezigrain, its affiliates, and their agents, officers, employees and representatives from any penalties, claims or liabilities we may incur due to your use of this service.

Limitations

The information provide on our web site has been prepared in good faith. We do not guarantee the accuracy of the information and ezigrain shall not be liable for any reliance placed on the information in the absence of specific written acknowledgment by ezigrain.

The content published on ezigrain by contributors is not necessarily the view or the opinion of ezigrain.

Applicable Laws

This web site (excluding linked sites) is controlled by ezigrain from its offices within the state of South Australia, Australia. It can be accessed from other countries around the world. As each of these places has laws that may differ from South Australia, by accessing this web site both you and ezigrain agree that the statutes and laws of South Australia, within the Commonwealth of Australia, will apply to all matters relating to the use of this web site.

You and ezigrain also agree and hereby submit to the non-exclusive jurisdiction and venues of the Supreme, District and Magistrates Courts of South Australia with respect to such matters.

Ezigrain makes no representation that materials on this web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so at their own initiative and are responsible for compliance with local laws.

Warranty

While we have made every effort to ensure that information is free from error, ezigrain does not warrant the accuracy, adequacy or completeness of Material on this web site. All information is subject to change without notice. Ezigrain recommends that you seek independent advice before acting upon Material on this web site or Third Party Material. Ezigrain does not guarantee that the ezigrain Web Site or Third Party Web Sites will be free from viruses, or that access to the ezigrain Web Site or Third Party Web Sites will be uninterrupted.

Termination

These Terms and Conditions (and the agreement constituted by your use of the ezigrain Web Site) and your access to the ezigrain

Ezigrain Members Terms and Conditions of Use

General

In addition to the specific terms and conditions outlined below members are subject to the general terms and conditions of use of our site.

Authorisation

Ezigrain is authorised by you to provide information and accept transactions for accounts associated with business entities and grower cards for which the correct Business Code / Number and Personal Identification Number (PIN) have been provided.

Passwords and Personal Identification Numbers (PINs)

You are solely responsible for ensuring that each password and PIN is utilized only by the authorized representatives of the business entity to whom it is assigned. Ezigrain shall not be and is not responsible for any loss, claim or other liability that may arise from the unauthorized use of any password or PIN. If a password or PIN is lost or stolen it is your responsibility to notify ezigrain of such occurrence so that the missing password or PIN can be deactivated and a new one assigned. If an individual representative of yourself shall no longer be authorized to use a password or PIN it is the customer's responsibility to notify ezigrain of such occurrence. Ezigrain shall endeavour to complete all password and PIN deactivation requests within 48 hours of their receipt in writing from your authorized representative.

Service Specific Terms and Conditions

Further notes, terms and conditions that relate to some specific services and appear, or are referred to by links, on the relevant ezigrain pages are part of these Terms and Conditions.

Reports

All reports generated on ezigrain are subject to the following:

The ezigrain General Terms and Conditions of Use;
Transactions in ezigrain reports are subject to validation against grower registrations;

Information in ezigrain reports does not guarantee that any payment will be made and should not be relied upon for grower payments;
Any On Farm Pick-Up transactions not included in ezigrain reports should be reported to the OFP office. Please provide the transaction number, kms
Ezigrain makes no representations and accepts no liability regarding the currency or accuracy of information contained within ezigrain reports;
Ezigrain accepts no liability for any errors or omissions within ezigrain reports;
Information in ezigrain reports does not imply buyer acceptance of any delivery; and
No reliance should be made on ezigrain reports for the buying and selling of commodities.

The report generated by this service may differ from your current position and/or reports supplied by the associated bulk handler. This service shows information about complete transactions that are held in the ezigrain database. These are obtained from the operational databases of the associated bulk handlers. Incomplete transactions are not included in this report. Note that the time taken for information to be available in this report varies and for deliveries to some sites the delay may be several days or more. See the ezigrain FAQ for further information.

This statement sets out ezigrain's policies relating to your personal information.

Your personal information is important to us

Ezigrain recognises that your privacy is very important to you and that you have a right to control your personal information. We know that providing personal information is an act of trust and we take that seriously. Unless you give us explicit consent to act otherwise, the following policies will govern how ezigrain handles your personal information and safeguards your privacy.

Ezigrain is committed to the best-practice privacy standards

Ezigrain is committed to protecting your personal information and giving you choice in who can use your personal information and how it can be used. We believe that our privacy policy represents industry best practice. The Internet Industry Association, is currently developing a Code which provides a high standard of privacy protection. Ezigrain is committed to complying with this Code, and is committed to complying with the voluntary National Principles for the Fair Handling of Personal Information developed by the Australian Federal Privacy Commissioner in 1998. Ezigrain will comply with any laws introduced to strengthen protections for consumers' privacy.

Collecting information about you

Ezigrain will not collect or monitor any personal information about you without your consent unless we believe it is necessary:

Because it is required by law.
To provide you with a service which you have requested.
To implement our terms of service.
To protect the rights or property of ezigrain, any ezigrain user, or any member of the public.
To lessen a serious threat to a person's health or safety.

You may provide ezigrain with information directly, such as through subscribing to email lists or identifying yourself when using particular services. The amount of information we collect about you depends on how you use ezigrain. The only personal information we collect is what you tell us about yourself, for example by subscribing to e-mail newsletters.

Ezigrain uses cookies to help maximise your enjoyment of ezigrain. Cookies in and of themselves do not personally identify users, although they do identify a user's browser. Please see further information on how we use cookies below.

Any further collection of your personal information than that explained above will only occur with consent from you. Ezigrain only collects information from your use of our site and not from other organisations.

Our use of cookies

Cookies are pieces of information that a website transfers to your computer's hard disk for record-keeping purposes. Most Web browsers are set to accept cookies. However, if you do not wish to receive any cookies you may set your browser to refuse cookies. In some instances this may mean you will not be able to take full advantage of parts of the site.

The use of cookies can enhance your enjoyment of what is offered by ezigrain, because they can help personalise your experience of our website. They can ensure that information provided to you is most relevant to your interests. Cookies can also provide us with aggregate information on how people use our websites, and which advertisements are effective, which helps us to keep improving our site.

Cookies in and of themselves do not personally identify users, although they do identify a user's browser. The cookies simply operate as a unique identifier which help us to know what our customers find interesting and useful on our website, almost like a continuing questionnaire. We do not link this information back to other information that you have provided to us.

Using and disclosing your personal information

Ezigrain will not use or disclose any information about you without your consent, or access your communications on our websites, unless:

Required by law.
We believe it necessary to provide you with a service which you have requested.
To implement our terms of service.
To protect the rights or property of ezigrain, any ezigrain user, or any member of the public.
To lessen a serious threat to a person's health or safety.

"Spam" (promotional email)

We will not send you "spam" (advertising information) without first asking you whether you wish to have promotional information sent to you. If you are receiving promotional information from ezigrain and do not wish to receive this information any longer, you may remove your name from our list either by visiting ezigrain, entering the "My Subscriptions" area and following the instructions on how to withdraw your subscriptions, or emailing us at publisher@ezigrain.com.au and asking to be removed from our mailing list. Please allow five days for this request to be processed.

Storage and security of your personal information

Ezigrain will endeavour to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date. Your information is stored on secure servers that are protected in controlled facilities. In addition, our employees and data processors are obliged to respect the confidentiality of any personal information held by ezigrain. However, ezigrain will not be held responsible for events arising from unauthorised access to your personal information.

You can also play an important role in keeping your personal information secure, by maintaining the confidentiality of any password, PINs, and accounts used on the ezigrain website. Please notify us immediately if there is any unauthorised use of your account by any other Internet user or any other breach of security.

Domestic Outturns / Site to Site Movements Terms & Conditions

I/We hereby agree that the information as recorded on this weighbridge note is accurate and where applicable, acknowledge and accept that the weights delivered by “end and end” weighings are not guaranteed.
I/We acknowledge and agree to be solely responsible for ensuring that I/We comply with all relevant mass limits prescribed by regulation for the vehicle used and I/We will take all steps necessary (including without limitation the unloading of any mass in excess of those prescribed limits), to ensure compliance.
I/We agree to indemnify and keep Viterra Storage & Handling and the Owner/s (or their respective Agents), indemnified against all expenses, losses, damages and costs incurred by Viterra Storage & Handling and / or the Owner/s (or their respective Agents), and all actions, claims and demands which may be made against Viterra Storage & Handling and / or the Owners (or their respective Agents), that arise in connection with the non-compliance by me/us with any maximum mass limit prescribed by legislation or regulation for the vehicles used.

You can access the information we keep about you

Your trust in ezigrain is very important to us. If at any time you want to know exactly what personal information any part of our site is holding about you, you are welcome to request that information by emailing us at publisher@ezigrain.com.au. Our file of your information will be made available to you within seven days.

Changing and deleting the information we have about you

If at any time you wish to change personal information that is inaccurate or out of date, please contact us by e-mailing us at publisher@ezigrain.com.au and we will change this record. If you wish to have your personal information deleted, please let us know in the same manner as referred to above and we will take all reasonable steps to delete it unless we need to keep it for legal reasons.

Ezigrain and links to other websites

Ezigrain provides links to websites outside of the ezigrain service. These linked sites are not under the control of ezigrain, and we are not responsible for the conduct of companies linked to our website. Before disclosing your personal information on any other website, we advise you to examine the terms and conditions of using their websites.

What to do if you have a problem or question

If ezigrain becomes aware of any ongoing concerns or problems with our site, we will take these issues seriously and work to address these concerns. If you have any further queries relating to our privacy policy, or you have a problem or complaint, please contact us at publisher@ezigrain.com.au.

Future changes

Our commitment to make ezigrain Australia’s leading grain industry web site means that we are constantly adding new areas and features to the site. Because of this, from time to time, our policies will be reviewed and may be revised. Ezigrain reserves the right to change its privacy policy at any time and notify you by posting an updated version of the policy on its website.

Further information on privacy

For more information about privacy issues in Australia and protecting your privacy, visit the Australian Federal Privacy Commissioner's website.

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