USER AGREEMENT ("Agreement")
BETWEEN
User(you)
AND
Agpro Services Pty Ltd (Agpro/we/us/our)
AND
LDC Enterprises Australia Pty Limited (LDC/we/us/our)
Acceptance
This Agreement (together with the documents referred to on it) tells you the terms and conditions that govern your access and use of Agpro Services Pty Ltd and LDC Enterprises Australia Pty Limited’s website (Site). By using our Site, you acknowledge that you accept these terms and conditions set forth below in full and that you agree to be bound by them. If you do not agree to these terms and conditions, you may not access or use the Site and should immediately cease such use.
We may revise this Agreement at any time without notice by updating this posting. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Site shall be deemed your conclusive acceptance of the revised Agreement.
Intellectual property rights
Agpro and LDC are the owners or the licensee of all copyright and any intellectual property rights in our Site and all information, text, articles, data, images or other materials published on our Site (collectively hereunder referred to as the “Materials”) except as otherwise set out in this Agreement. Those Materials are protected by copyright laws and treaties around the world. All such rights are reserved. Nothing on our Site shall be construed as conferring any licence of copyright and any intellectual property rights, whether by estoppel, implication or otherwise.
You are permitted to print and download limited extracts from our Site for your own non-commercial and personal use on the following basis:
(a) no documents, images or related graphics on our site are modified in any way;
(b) no graphics or images on our site are used separately from the corresponding text; and
(c) Agpro and LDC’s copyright and trade mark notices and our status as author of the Materials on our Site must always be acknowledged as they appear on the pages copied.
You must not use any part of the Materials on our Site for public or commercial purposes without first obtaining a licence to do so from us. Any use of extracts from our Site other than as set out in this clause 2 is strictly prohibited. If you print off, copy or download any part of our Site in breach of this Agreement, your right to use our Site will immediately cease and you must, at our option, return or destroy any copies of the Materials you have made.
Our Site or any part of it may not be copied, displayed, distributed, downloaded, modified, published, reused, reposted, reproduced, transmitted or stored in any other website or included in any public or private electronic retrieval system or service without Agpro or LDC’s prior written permission.
Careers at LDC
Our Site may provide you with the ability to search for job postings and/or submit applications for potential employment opportunities. Agpro and LDC may use third parties to collect and/or host these types of services or related information. If a third party service provider is used for these purposes, the third party provider is prohibited under agreement from using any personal information that you may submit in conjunction with these services for any purpose other than to collect and store such personal information on Agpro and LDC’s behalf. The personal information and/or documents that you submit for these purposes will not be used for any purpose other than to allow you to search for job postings, submit applications, or determine your qualifications for employment with Agpro, LDC or its affiliates.
When you submit content to our Site by submitting your personal information and/or documents for potential employment opportunities, you agree that Agpro, LDC and its affiliates has the right to use, reproduce, modify, adapt, translate, distribute, publish, and create derivative works from such information and/or documents (in whole or in part) throughout the world in any media, provided that such use is in accordance with Agpro and LDC’s Privacy Policy. Where you submit personal information and/or documents for potential employment opportunities, Agpro and LDC cannot guarantee that the use of our Site will result in an individual being hired or a position being filled. Agpro and LDC reserve the right to remove any job postings from our Site at any time and without notice.
You acknowledge and agree that Agpro and LDC may preserve your information and/or documents and may also disclose the documents if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any documents submitted by you violate the rights of third-parties; or (d) protect the rights or property of Agpro and LDC’s business, employees, contractors/vendors, affiliated or related entities and/or users of our Site.
Changes to our site
We aim to update our Site regularly, and may change the content at any time and without any notice to you. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the Material on our Site may be out of date at any given time, and we are under no obligation to update such Material. Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of any of its contents.
Access and use of our site
You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of the terms of this Agreement, and that they comply with them.
Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide on our Site without notice to you. While our Site will normally be available 24 hours a day, Agpro and LDC shall not be liable if for any reason our Site is unavailable at any time or for any period of time. Our Site may be unavailable in the event of system failure, maintenance or repair or for reasons beyond Agpro or LDC’s control without notice to you.
You are prohibited from posting, transmitting to or from, or creating a link to our Site to any third party websites containing any content or material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights (including intellectual property rights) of any third party, in any country in the world; or
(c) which contains private information of any third party, including, without limitation, surname, addresses, phone numbers, email addresses, or other personal data; or
(d) which is malicious or technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse our Site including, without limitation, by hacking or by attempting to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
If you have any concerns about material which appears on our Site, please contact us at BRI-cottonadmin@ldcom.com.
Agpro and LDC will report any breach to the relevant law enforcement authorities and will fully co-operate with those authorities, and shall respond to any court order, by disclosing your identity or location to them.
Agpro and LDC will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it or on any website linked to it.
Information about you and your visits to our site
We process information about you in accordance with our Privacy Policy. By using our Site you consent to such processing of personal data and you warrant that all such data provided by you is accurate.
Linking to and from our site
Links to third party websites posted on our Site are provided solely for your convenience and for information only. If you use these links, you will leave our Site. As Agpro and LDC neither controls nor is responsible for any third party website, their content or availability, Agpro/LDC does not accept any responsibility for them or for any loss or damage that may arise from your use of them.
Such third party websites may have a privacy policy different from the Privacy Policy on our Site and the third party website may provide less security than our Site.
If you would like to link to our Site, you may only do so on the basis that you link to, but do not replicate, the home page of our Site. Linking to our Site is subject to the following conditions:
(a) you do not in any way imply that Agpro nor LDC is associated with, approves of or endorses any products or services other than its own or present any false information about Agpro or LDC ;
(b) you do not remove, distort or otherwise alter the size or appearance of the Agpro or LDC logo;
(c) you do not create a frame or any other browser or border environment around our Site;
(d) you do not link from a website that is not owned by you; and
(e) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
Agpro and LDC expressly reserves the right at any time and in our sole discretion to revoke the right to allow links to our Site for breach of these terms, to request that you remove all or any particular links and to take any action as it deems appropriate.
Agpro and LDC shall have no responsibility or liability for any links or Materials appearing on your website. You agree to fully indemnify and defend Agpro and LDC against all claims and for any loss or damage arising out of or based on your website suffered by Agpro, LDC or its affiliates.
If you wish to make any use of Materials on our Site other than that set out above, please address your request to BRI-cottonadmin@ldcom.com.
Limitation of liability
Agpro and LDC make no representations or warranties with respect to our Site or its contents, which are provided "as is" without any conditions, warranties or other terms of any kind. Agpro and LDC may make changes to the Materials on our Site or to any of the products or services described in it, at any time without notice.
While Agpro and LDC use reasonable efforts to include accurate and up-to-date information on our Site, Agpro and LDC make no representations or warranties of any kind, express or implied, as to whether the information accessible via our Site, or any website with which it is linked, is accurate, complete, or current. Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. Neither Agpro, LDC nor its affiliates or companies in the Agpro and LDC group are responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with any error, omissions or inaccuracies in the results obtained from, the use of or reliance on any information or Materials on our Site.
Agpro, LDC, its affiliates, Agpro/LDC group, and each of their officers, directors, employees, shareholders or agents of any of them, and their suppliers and vendors involved in the creation of our Site, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, exemplary, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, property, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) even if Agpro or LDC has been advised of the possibility of such damages or losses, arising out of or in connection with our Site in any way or arising out of or in connection with the use, inability to use or the results of use of our Site or any website with which it is linked. This limitation on liability applies to, without limitation, the transmission of any disabling device or viruses which may infect your computer equipment, software or data, or other property, or any failure or mechanical or electrical equipment or communication lines, telephone or other interconnectivity problems (for example, you cannot access your internet service provider), unauthorized access, on account of your access to, use of, or browsing of our Site or your downloading of any material from our Site or any websites linked to our Site.
Nothing in these terms of use shall exclude or limit the liability of Agpro or LDC for any liability which cannot be excluded or limited under applicable law.
Governing law
This Agreement will be governed by and construed in accordance with the laws of [ ], without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these this Agreement will be filed only in [ ].
This Agreement represents the entire understanding relating to the use of the Site and supersedes any prior or contemporaneous written or oral agreement, understandings or communications with respect to our Site. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement.
Disclaimer
This website is operated by Agpro Services Pty Limited (ABN 14 143 405 841) and LDC Enterprises Australia Pty Limited (ABN 13 003 415 950) under the domain name "www.agproservices.com.au". The use of information and materials on this website is governed by this Disclaimer, the Agpro Services Pty Limited and LDC Enterprises Australia Pty Limted’s User Agreement, Privacy Policy and any other legal notices issued on this website from time to time.
We acknowledge and accept that your use of this website indicates your acceptance of the terms of the Disclaimer and the legal notices displayed on this website from time to time.
Agpro Services Pty Limited and LDC Enterprises Australia Pty Limted take reasonable care in posting information which is current for its website, it is important that you always confirm that offers, rates, terms and conditions are still valid, Agpro Services Pty Limited and LDC Enterprises Australia Pty Limited reserve the right to change them at any time. From time to time this website may chain links to websites operated by third parties. Agpro Services Pty Limited and LDC Enterprises Australia Pty Limited do not endorse or approve of the operators of those third parties’ websites, or the information or materials on such websites. Subject to Agpro Services Pty Limited and LDC Enterprises Australia Pty Limited's responsibilities at law which cannot be excluded, Agpro Services Pty Limited and LDC Enterprises Australia Pty Limited are not liable to you for any losses, damages, liabilities, claims and expenses however rising out of the results obtained from, the use of or reliance on any information or materials on this website.
The material on this website is copyright other than for the subject to the conditions prescribed under the Copyright Act 1968(CCH). No part of it may in any form or by any means be reproduced, uploaded to a third party, linked to, or transmitted without Agpro Services Pty Limited or LDC Enterprises Australia Pty Limted's prior written consent.
The content on this website is general only and does not take into account your personal needs and financial circumstances and you should consider whether it is appropriate for you.