OVERVIEW
This website is operated by Grain Brokers Australia Pty Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Grain Brokers Australia Pty Ltd. Grain Brokers Australia Pty Ltd offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 7 – THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 8 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 9 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 10 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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 Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 11 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Grain Brokers Australia Pty Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 12 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Grain Brokers Australia Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 13 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 14 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 15 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 16 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia. These Terms are governed by the laws of Western Australia and the parties submit to the exclusive jurisdiction of the courts of Western Australia.
SECTION 17 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 18 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us using the form on our contact page.
SECTION 19 – AUSTRALIAN CONSUMER LAW (ACL)
Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law.
SECTION 20 – DEFINITIONS
For the purposes of these Terms:
- “Platform” means the Grain Brokers Australia website, mobile application, pricing systems and associated services.
- “Services” means any brokerage, pricing, market information, order management, communication, reporting or related services provided by us.
- “User” means any individual or entity accessing or using the Platform.
- “Order” means any instruction submitted by a User to buy, sell or otherwise transact grain or agricultural commodities.
- “Market Information” means pricing data, bids, offers, commentary, analysis, charts, reports, notifications and market updates supplied through the Platform.
- “Trade” means any transaction entered into through the Platform or facilitated by us.
- “Business Day” means a day other than a Saturday, Sunday or public holiday in Western Australia.
SECTION 21 – MARKET INFORMATION
All Market Information provided through the Platform is for general informational purposes only and is subject to change without notice.
While we endeavour to provide accurate and timely information, we do not warrant or guarantee the accuracy, completeness, reliability or timeliness of any Market Information.
Market Information may include delayed pricing, indicative pricing, estimated values or third-party supplied information. Prices displayed on the Platform do not constitute binding offers unless expressly confirmed by us in writing.
Users acknowledge that commodity markets are volatile and subject to rapid fluctuations due to factors including weather, geopolitical events, supply and demand, exchange movements, freight costs and government intervention.
Users are solely responsible for independently assessing any Market Information before making commercial or trading decisions.
SECTION 22 – NO ADVICE
The Services and Market Information provided through the Platform do not constitute financial advice, investment advice, taxation advice, legal advice or personal trading advice.
Any market commentary, analysis, opinions or pricing information published by us is general in nature only and does not take into account the User’s objectives, financial situation or particular needs.
Users should obtain independent professional advice before entering into any transaction or making any commercial decision.
SECTION 23 – ORDER SUBMISSION AND EXECUTION
Submission of an Order through the Platform does not guarantee execution of that Order.
All Orders are subject to:
- market availability;
- counterparty acceptance;
- pricing confirmation;
- operational capacity; and
- system availability.
We reserve the right to reject, cancel, amend or refuse any Order at our discretion, including where:
- pricing errors occur;
- market conditions materially change;
- system faults arise;
- suspected fraud or misuse is identified; or
- execution becomes commercially impractical.
A Trade is only binding once expressly confirmed by us.
Users acknowledge that delays, outages or communication failures may impact Order execution.
We are not liable for losses arising from:
- failed execution;
- delayed execution;
- duplicate Orders;
- pricing discrepancies;
- system interruptions; or
- market movement occurring before confirmation of a Trade.
SECTION 24 – PRICING ERRORS
We reserve the right to cancel or refuse any transaction, Order or Trade resulting from:
- typographical errors;
- system malfunctions;
- transmission failures;
- incorrect pricing feeds;
- manifest pricing errors; or
- technical inaccuracies.
Where a pricing error occurs, we may void or reverse affected transactions to the extent permitted by law.
SECTION 25 – ACCOUNT SECURITY
Users are responsible for maintaining the confidentiality of their account credentials.
Users must immediately notify us of any suspected unauthorised access, security breach or misuse of their account.
Users are responsible for all activities conducted through their account unless caused by our negligence.
We reserve the right to suspend or terminate accounts where we reasonably suspect:
- unauthorised access;
- fraudulent activity;
- misuse of the Platform; or
- breach of these Terms.
SECTION 26 – FORCE MAJEURE
We are not liable for any delay, interruption, failure or inability to perform obligations arising from events beyond our reasonable control, including:
- acts of God;
- drought;
- flood;
- fire;
- war;
- terrorism;
- sanctions;
- cyberattack;
- telecommunications outages;
- exchange or market disruptions;
- transport interruptions;
- port closures;
- labour shortages;
- government action; or
- failures of third-party service providers.
Our obligations will be suspended for the duration of the force majeure event.
SECTION 27 – LIMITATION OF LIABILITY
Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law or any other applicable law.
To the maximum extent permitted by law:
- all implied warranties, guarantees and conditions are excluded; and
- our total liability arising out of or in connection with the Services is limited to the amount paid by the User to us for the relevant Services during the preceding 12 months.
We are not liable for any:
- indirect loss;
- consequential loss;
- loss of profit;
- loss of opportunity;
- loss of production;
- business interruption;
- loss of goodwill;
- loss of anticipated savings; or
- loss arising from market fluctuations.
SECTION 28 – INTELLECTUAL PROPERTY
All intellectual property rights in the Platform, Services and Market Information, including pricing data, reports, commentary, graphics, software, branding and analytics, remain our property or the property of our licensors.
Users are granted a limited, non-exclusive, revocable licence to access and use the Platform for lawful business purposes only.
Users must not:
- reproduce;
- distribute;
- commercially exploit;
- republish;
- scrape; or
- modify
any content from the Platform without our prior written consent.
SECTION 29 – PRIVACY
We collect, use and disclose personal information in accordance with our Privacy Policy and applicable Australian privacy laws, including the Privacy Act 1988 (Cth).
Users consent to the collection and use of information necessary for:
- account management;
- transaction processing;
- communications;
- analytics;
- compliance obligations; and
- service improvement.
SECTION 30 – SUSPENSION AND TERMINATION
We may suspend or terminate access to the Platform where:
- a User breaches these Terms;
- fraudulent or unlawful conduct is suspected;
- system security is compromised;
- operational risks arise; or
- continued access may expose us or other users to harm.
We will generally endeavour to provide notice where reasonably practicable.
Termination does not affect accrued rights or liabilities.
SECTION 31 – DISPUTE RESOLUTION
If a dispute arises in connection with these Terms or the Services, the parties must first attempt to resolve the dispute through good faith negotiations.
If the dispute is not resolved within 30 days, either party may refer the matter to mediation in Western Australia before commencing court proceedings, except where urgent interlocutory relief is required.
SECTION 32 – GOVERNING LAW
These Terms are governed by the laws of Western Australia.
The parties submit to the exclusive jurisdiction of the courts of Western Australia and the Commonwealth of Australia.
SECTION 33 – THIRD PARTY DATA
The Platform may incorporate data, pricing, logistics information or services supplied by third parties.
We do not guarantee the accuracy, availability or reliability of third-party data and accept no liability arising from reliance on such information.
SECTION 34 – ELECTRONIC COMMUNICATIONS
Users consent to receiving communications electronically, including:
- trade confirmations;
- notifications;
- statements;
- pricing alerts; and
- operational updates.
Electronic communications satisfy any legal requirement for written communication.