Landmark Operations Limited (ABN 73 008 743 217)
Where used in this notice:
Content means the information made available to you through the Landmark Websites and/or a Service;
Landmark means Landmark Operations Limited (ABN 73 008 743 217), the primary operating company of the Landmark Group;
Landmark Group means all of those companies that are subsidiaries of the parent company, Landmark Rural Holdings Limited (ABN 50 008 724 052);
Landmark Websites means the World Wide Web sites accessible from http://www.landmark.com.au and www.landmarkhorticulture.com.au;
Material means text, illustrations, photos, audio, video, any combination of these or other material.
Non-secure Website Areas means all areas of the Landmark Websites other than the Secure Website Areas;
Secure Website Areas means the following areas of the Landmark Websites to which access is password controlled - Wool Clip Information, Trade Accounts Online, Finance Online Plus and Memberlink;
Service means all or any of the applications contained on or accessible from the Landmark Websites; and
you or your means a person who accesses the Landmark Websites and/or a Service.
3. Basis of Provision
3.1 The Landmark Websites and each Service rely in part on factors outside Landmark's control and Landmark does not provide any guarantee that the Landmark Websites or any Service is fault-free.
3.2 Without liability to you, Landmark may at any time and without notice to you:
3.2.1 shut down or suspend the Landmark Websites or any Service, or disconnect or deny you access to the Landmark Websites or any Service; and
3.2.2 make improvements and/or changes to the Landmark Websites, any Service or the Content.
4. Personal Information You Provide
4.1 Where you provide personal information to Landmark electronically through the Landmark Websites, you must provide accurate, complete and current information. You agree to update this information from time to time to ensure that its accuracy, completeness and currency is constantly maintained.
5. Use of the Landmark Websites/Service
5.1 In using the Landmark Websites and/or a Service, you agree:
5.1.1 to maintain the confidentiality of all your Service identification and log-in information;
5.1.2 that you are responsible for any disclosure or loss of Service identification or log-in information;
5.1.3 to notify Landmark immediately if you lose your Service identification or log-in information;
5.1.4 to comply with all directions of Landmark relating to the use of a Service;
5.1.5 that you are entirely responsible for all activities that occur under or in respect of any Service account you open;
5.1.6 that you will immediately notify Landmark of any unauthorised use of a Service account or other breach of security of which you are aware;
5.1.7 that the Content is valuable information and belongs exclusively to Landmark; and
5.1.8 not to alter the Content or develop any derivative works from the Service.
6. What You Must Not Do
6.1 In using the Landmark Websites and/or a Service, you agree that you must not, whether directly or indirectly:
6.1.1 carry out activities, or post or transmit any information or Material, which infringe a third party's rights, are contrary to any relevant standards or codes or breach any laws or regulations;
6.1.2 interfere with another individual's or entity's use and enjoyment of a Service or similar services;
6.1.3 conduct or send surveys, contests, pyramid schemes, chain letters, junk email, spamming or other duplicative or unsolicited messages (whether commercial or otherwise);
6.1.4 defame, harass, stalk or threaten any person;
6.1.5 publish or distribute any defamatory, obscene, indecent or unlawful material or information that could otherwise give rise to civil or criminal proceedings;
6.1.6 advertise or offer to sell or buy any goods or services;
6.1.7 collect information about others, including email addresses;
6.1.8 create a false identity for the purpose of misleading others as to the identity of the sender or the origin of any message;
6.1.9 transmit or upload any computer programs or other material in breach of any intellectual property laws, rights of privacy or any other applicable laws;
6.1.10 interfere with or disrupt networks connected to a Service or violate the regulations, policies or procedures of such networks; or
6.1.11 attempt to gain unauthorised access to a Service, other accounts, computer systems or other networks connected to a Service, through password mining or any other means. This includes, without limitation:
220.127.116.11 attempting to access information or data for which the user has no authorisation;
18.104.22.168 attempting any breach of system or network security;
22.214.171.124 attempting to introduce a virus to Landmark's computer system or network;
126.96.36.199 sending unsolicited e-mails through Landmark's computer system or network.
6.2 Any violations of a Service, the Landmark Websites or any Landmark system or network security may result in civil or criminal liability.
7. Landmark May Monitor the Service
Landmark may vary any of the conditions contained in this notice at any time by posting notice of any variations on this page. Your continued access to the Landmark Websites or use of a Service after such notice will constitute acceptance of the variation.
9. Personal Right
Unless otherwise agreed by Landmark, your right to use any Service that involves password controlled access is personal to you. You cannot give this personal right to someone else and you must not allow any other person to access or use the relevant Service using your password.
10. Landmark Websites are Protected by Intellectual Property Laws
10.1 You acknowledge that:
10.1.1 copyright in the material accessible from the Landmark Websites (including all text, graphics, layouts and images) is owned by Landmark and certain third parties and all rights are reserved in that copyright; and
10.1.2 registered and unregistered trade marks owned by Landmark (or other members of the Landmark Group) are displayed on and are also accessible from the Landmark Websites.
10.2 You must not use any copyright material or trade marks referred to above except in the manner described below. You may:
10.2.1 make temporary copies to the extent necessary to browse the Landmark Websites on screen; and
10.2.2 unless otherwise stated, download or print a single copy of such copyright material and/or trademarks for personal, private or research use provided that, in doing so, you must not make any alterations to the copyright material or trade marks (including to any applicable copyright or trade mark notice or disclaimer).
11. Links Are Not Endorsements
11.1 Any links or frames connecting the Landmark Websites with other websites are for convenience only and do not mean that Landmark endorses or approves those responsible for those other websites or the information accessible from them.
11.2 Any links to or frames of the Landmark Websites are permitted, but Landmark reserves the right to prevent linking or framing immediately by giving notice.
12. Beware of Hackers and Viruses
12.1 The World Wide Web exists across open, public networks that are neither secure nor private. You acknowledge and accept the risk that:
12.1.1 transmissions to or from the Landmark Websites may be intercepted, used and modified by third parties; and
12.1.2 material obtained from or through the Landmark Websites may contain computer viruses and other defects.
13.1 Landmark is committed to protecting information received from users of the Landmark Websites and any transaction instructions between Landmark and users of the Landmark Websites.
13.3 Landmark has a number of security practices in place to protect the personal information of users of the Landmark Websites. This includes 128 Bit encryption of defined transactions that are made in the Secure Website Areas using secure socket layers (SSL) technology. This means that these transactions can only be intercepted in their encrypted form. Landmark also uses firewalls, intrusion detection and virus scanning technologies in order to protect information against unauthorised access and viruses. Access to Secure Website Areas is restricted via user IDs and passwords.
13.4 When accessing Secure Website Areas, you should use secure passwords that:
13.4.1 cannot be easily guessed;
13.4.2 are not in written form; and
13.4.3 are not disclosed to any third party.
13.5 Where you have registered for a function or Service accessible via the Landmark Websites which is password controlled, you should note that Landmark or AWB employees and agents will never contact you requesting your password. If you are contacted by an individual asking for your password, please notify Landmark at email@example.com of the request. Do not disclose your password to anyone.
13.6 In Non-secure Website Areas, any information supplied by you to Landmark will not be in an encrypted form, and you should be aware that there is a risk that a third party may attempt to intercept and/or read the information that you supply. Landmark will take all reasonable steps available to it to ensure the security of your information, but accepts no responsibility for any loss or damage to you as a result of such interception.
13.7 To ensure your security you should always take your own precautions which include running reputable anti-virus software on your computer.
13.8 If you have any questions about security and the Landmark Websites, please contact firstname.lastname@example.org.
14. Contributing Material
14.1 By uploading, transmitting, posting or otherwise making available any Material via the Landmark Websites, you:
14.1.1 license Landmark the non-exclusive, perpetual, irrevocable, royalty-free, worldwide rights to reproduce, communicate, edit, adapt and otherwise use any Material you upload to the Landmark Websites, including any feedback that you submit though the Landmark Websites, including via third party applications (if any) available through the Landmark Websites (this includes the right to sublicense to others at Landmark’s discretion);
14.1.2 except where expressly stated otherwise, also grant each user of the Landmark Websites a non-exclusive, perpetual, irrevocable, royalty-free, worldwide licence to use, reproduce, edit and exploit your Material in any form and for any purpose, subject to the Conditions; and
14.1.3 unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.
14.2 You warrant that:
14.2.1 you have the right to grant the abovementioned licences;
14.2.2 you have all of the necessary rights, including copyright, in the Material you contribute, that your content is not defamatory and that it does not infringe any law; and
14.2.3 the Material does not breach the Conditions.
14.3 You indemnify Landmark against any and all legal fees, damages and other expenses that may be incurred by Landmark as a result of a breach of the above warranties.
14.4 You agree that Landmark can use your Material in any way, now and in the future. Landmark reserves the right to review, modify, reject or remove any Material that, in Landmark’s opinion, violates the Conditions or otherwise has the potential to harm, endanger or violate the rights of any person.
14.5 Landmark is not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the Landmark Websites by any person other than Landmark. Furthermore, Landmark does not endorse any opinion, advice or statement made by any person other than Landmark.
15. Disclaimer and Limitation of Liability
15.1 To the maximum extent permitted by law, neither Landmark nor any of Landmark's officers, employees, agents, contractors or related bodies corporate (including without limitation Landmark) or the officers, employees, agents, contractors or related bodies corporate of Landmark's agents, contractors or related bodies corporate will be liable in any way (including for negligence) for any loss, damage, costs or expenses suffered by you, or claims made against you, through or arising in connection with your use of the Landmark Websites or any Service, any failure to provide the Landmark Websites, any information ordinarily available from them or in connection with any products, services (including the Services) or information supplied, offered to be supplied or advertised through or via the Landmark Websites.
15.2 To the maximum extent permitted by law and subject to any express warranty, condition or representation agreed in writing by Landmark, all warranties, conditions and representations about the Landmark Websites, including the availability of the Landmark Websites or any Service for use, the products and services (including the Services) advertised or available to be supplied through or via the Landmark Websites and the information available from or linked to the Landmark Websites, are excluded.
15.3 Where a term is implied by law and that law prohibits provisions in a contract excluding or modifying liability under that term, then Landmark agrees to observe and adhere to that term. However, Landmark's liability for breach of such term will be limited, at Landmark's option, to one or more of the following:
15.3.1 in relation to goods:
188.8.131.52 the replacement of the goods or the supply of equivalent goods;
184.108.40.206 the repair of such goods;
220.127.116.11 the payment of the cost of replacing the goods or acquiring equivalent goods; or
18.104.22.168 the payment of the cost of having the goods repaired; and
15.3.2 in relation to services:
22.214.171.124 the supply of the services again; or
126.96.36.199 the payment of the cost of having the services supplied again.
If any provision contained in this notice is prohibited, invalid or unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability only and without invalidating the remaining provisions contained in this notice or affecting the validity or unenforceability of that provision in any other jurisdiction.
If Landmark does not act in relation to a breach by you of the Conditions, this does not waive Landmark's right to act with respect to subsequent or similar breaches.
You are bound by this notice and any conditions governing your use of a particular Service. If there is any inconsistency between any condition set out in this notice and any specific condition governing a particular Service, the specific condition governing use of the particular Service will prevail to the extent of the inconsistency.
19. Applicable Law
You agree that the laws of the State of Victoria in Australia apply to this notice and the Conditions generally. You submit to the non-exclusive jurisdiction of the courts of that State.
If you have any questions about this notice or the Conditions generally, please contact us.