Fasera Website Terms of Use

By using this website (“Site”), you acknowledge and agree to be bound by the following terms of use (the “Terms of Use”). If you do not accept the Terms of Use, then please do not use the Site. Please read the Terms of Use carefully and check them periodically as we may update them from time to time. If you carry out any transaction through the Site (such as by ordering goods or services through the Site), that transaction may be subject to additional terms and conditions which you will be asked to read and accept at the relevant time.

1. General

This Site is owned and operated by Fasera Agri Holdings Pty Ltd (“Fasera”,“we”, “our” or “us”). Fasera reserves the right to withdraw or amend the Site, and any service or Content (defined below) provided on the Site. Fasera will not be liable if for any reason all or any part of the Site is unavailable at any time for any reason. Fasera may terminate, suspend, discontinue or block your access to all or any part of the Site at any time, without notice or liability.

2. User Accounts

You may need to register or open an account with us in order to access certain parts of the Site. In this case, we will issue you with a username and password, or other appropriate account identifiers. You are responsible for keeping your log-in details confidential so that they cannot be used without your permission. You will be responsible for any use of the Site by anyone using your log-in details. If you are under the age of 18, you may not register or set up an account. You represent and warrant to us that all of the information and data provided by you is accurate and truthful in all respects. You agree to notify Fasera of

(a) any loss of your password or account identifiers and

(b) any unauthorised use of your password or account identifiers. If you provide us with your email address during account setup, registration or otherwise, you consent to receive communications from us electronically.

3. Intellectual

Property RightsAs between you and Fasera, all intellectual property rights displayed or contained on the Site are owned by Fasera. These intellectual property rights include, but are not limited to,

(a) all trademarks, trade names, brand names, logos and images, trade dress, and

(b) all information, materials, software or HTML code, scripts, text, artwork, photography, images, video and audio, and their design, selection and arrangement (the “Content”). The Content is protected by Australian law. All Content is provided as a service to users of the Site. We may update and change the Content, including by removing Content, at any time in our discretion. Subject to the limited licence below, nothing contained in the Terms of Use is to be construed as conferring any right, title or interest in theSite or the Content.

4. Limited Right

Upon your acceptance of the Terms of Use, Fasera grants you a limited, non-transferable, non-sublicensable, non-exclusive, revocable right to access and use the Site and Content for your personal, non-commercial use only. You may download or print sections of the Site if needed for your own personal, non-commercial use, but otherwise you may not copy, reproduce, publish, distribute, create derivative works from or otherwise exploit any part of the Site without our express prior consent. To the extent that the Site contains functionality that allows you to access or download specific materials through the Site, your use of that functionality and the downloaded materials may be subject to separate terms and conditions which you will be asked to read and accept at the relevant time. You may not remove or alter any copyright, trademark or other proprietary rights notices from copies of the Content from the Site. You will not use the Site for any purpose that is unlawful or prohibited by the Terms of Use or any applicable laws or regulations. Fasera may revoke this limited right at any time for any or no reason. All rights not expressly granted are reserved by Fasera.

5. Use Restrictions

While using the Site, you agree not to:

(a) defame, abuse, harass, stalk, threaten or otherwise infringe the rights of others, including without limitation others’ privacy rights or rights of publicity;

(b) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity (including us), or use any fraudulent, misleading or inaccurate email address or other contact information;

(c) do anything that may interfere with or adversely affects the normal operation of the Site (including the ability of other users to access or use the Site);

(d) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site;

(e) express or imply that any statements you make are endorsed by us, without our prior written consent;

(f) transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;

(g) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;

(h) remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Site; or

(i) “frame” or “mirror” any portion of the Site, or link to any page of or material on the Site other than the URL located at www.fasera.com

6. Your Obligations

You are responsible for ensuring the security of the systems and devices that you use to access the Site, including through use of appropriate virus-checking and other security software.

7. Your Content

To the extent that the Site includes functionality that allows you to upload content to the Site (“Your Content”):

  • You remain the owner of Your Content;
  • You grant us an irrevocable, worldwide, perpetual, non-exclusive licence to use, reproduce and communicate to the public Your Content for the purposes of operating the Site and providing services to you;
  • You must ensure that Your Content does not include anything that is illegal, offensive, obscene, defamatory, breaches the intellectual property, privacy or other rights of any other person, or otherwise breaches any acceptable use rules that we post on the Site from time to time; and
  • We may reject or take down Your Content at any time, including if we think in our discretion that it breaches these Terms of Use or otherwise is not appropriate for inclusion on the Site.

8. Links

The Site may contain links to other websites operated by third parties who are not associated with us, these links are provided for your information only. We have no control over those websites or the services made available through them, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

9. Disclaimers and Limitation of Liability

While we will use reasonable care and skill in operating the Site, we cannot promise that the Site will always be available or completely free of faults or errors. To the maximum extent permitted by law, except as expressly set out in these Terms of Use, we exclude:

  • All conditions, representations, warranties and statutory guarantees, whether express or implied, in relation to the Site; and
  • Any liability (whether in contract, tort (including negligence), or otherwise) for any indirect or consequential loss, damage or expense incurred by you or any other user in connection with the Site.

To the extent we are unable by law to exclude any implied condition, representation, warranty or statutory guarantee in relation to the provision of goods or services through the Site, we limit our liability for a breach to the re-supply of those goods or services, or payment for such re-supply.To the extent permitted by law, your sole and exclusive remedy for any claims or dispute with Fasera relating to use of the Site is to discontinue your use of the Site. You and Fasera agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred.

10. Your breach If you breach these Terms of Use:

  • You must immediately cease using the Site;
  • We may immediately remove Your Content from the Site; and
  • We may restrict or prevent any future access to the Site by you.

11. Jurisdiction and Governing Law

These Terms of Use are governed by the laws in force in Western Australia and will be subject to the exclusive jurisdiction of the courts in Western Australia.

12. Promotions

This Site may contain sweepstakes, contests or other promotions (collectively, “Promotions”) that require you to send material or information about yourself. Please note that Promotions offered via the Site may be governed by a separate set of rules that may have eligibility requirements, terms and conditions governing the use of material you submit and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate. By entering any Promotion, you agree to comply with such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.

13. Privacy

We will manage any personal information that we collect through our website in accordance with our Privacy Policy, which you can access at www.fasera.com/privacy-policy

14. Entire Agreement

The Terms of Use govern your use of the Site, including the submission of all data, information and other materials (whether tangible or intangible and including order, payment and personal information) through the Site. The Terms of Use constitute the entire agreement between you and Fasera with regard to your use of the Site and all matters addressed herein and supersedes all prior written or oral agreements or understandings previously existing between you and Fasera.

15. General Failure by Fasera to enforce any provision in the Terms of Use

General Failure by Fasera to enforce any provision in the Terms of Use will not be construed as a waiver of such or any other provision. No waiver will be binding upon Fasera unless in writing and signed by an authorised representative of Fasera. If any provision of the Terms of Use is held to be invalid, illegal or unenforceable for any reason, the remainder of the Terms of Use will continue in full force and such invalid provision will be deemed severable from the Terms of Use. Headings used in the Terms of Use are for reference purposes only. The use of the word “including” and words of similar import in the Terms of Use means “including, without limitation.”

16. Feedback

We welcome your feedback about the Site. However, any comments, ideas, notes, messages, suggestions or other communications sent to Fasera shall be and remain the exclusive property of Fasera, and we may use all such communications in any manner without compensation to you. Should you have any questions or complaints regarding the Terms of Use, please contact us by email at hello@fasera.com