In these Terms, 'us', 'we' and 'our' means CSBP Limited.
1 Accounts and Registration
You must be a Registered User to access the Portal. Registered Users are entitled to access the Portal in accordance with their permission level. There are three different permission levels that apply to Registered Users:
(a) Account Administrators. Account Administrators are either the primary account holder of a CSBP Customer Account or (in the case of a corporate or partnership CSBP Customer Account, a director or partner of that CSBP Customer as the case may be);
(b) Account Representatives. Account Representatives are farm managers or other employees of a CSBP Customer which has an Account Administrator as a Registered User; and
(c) Account Service Providers. Account Service Providers are external contractors or service providers engaged by a CSBP Customer (including transport contractors or agronomists) that a CSBP Customer wishes to give permissions to in relation to their CSBP Customer Account.
1.2 Registration Process
Prior to registration as a Registered User, a person must receive an invitation from CSBP for that person to register as a Registered User. In order to register as a Registered User the person must complete the online enrolment process (including but not limited to acceptance of these Terms, username confirmation, password setting, and provision and confirmation of user details). CSBP reserves the right in its complete discretion, to invite, or refuse to invite, any person to be a Registered User.
Account Administrators will be able to make a request to CSBP for CSBP to invite others to access information, and also some limited functionality in relation to the CSBP Customer Account that the Account Administrator has permissions in relation to, as Account Representatives and Account Service Providers. CSBP is under no obligation to invite any person to register as a Registered User, or to register any person as a Registered User.
When you register and activate your account, the email address that you register with will be your username and you will create a password when activating the account. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
You are not able to change your user name without obtaining CSBP’s prior written consent.
1.3 Account Administrators
Account Administrators are entitled to:
that the Account Administrator has permissions in relation to.
1.4 Account Representatives
Account Representatives are entitled to access certain information in the Portal, and access products and services through the Portal, relating to the CSBP Customer Account that the Account Administrator has permissions in relation to.
Account Representatives are not entitled to full access to all information relating to the relevant CSBP Customer Account or to:
1.5 Account Service Providers
Account Service Providers are entitled to access the Portal to:
Account Service Providers are not entitled to:
1.6 Membership Details and Use of Portal
(a) You must ensure the security and confidentiality of your Registered User details, including any username and/or password assigned to, or created by, you.
(b) You are wholly responsible for all activities which occur under your Registered User details (including unauthorised use of credit cards or bank accounts).
(c) Account Administrators are responsible for activity undertaken by Account Representatives and Account Service Providers in relation to the Account Administrator’s CSBP Customer Account.
(d) You must notify us immediately if you become aware of any unauthorised use of your Registered User details or, in the case of Account Administrators, if you become aware of any unauthorised activity in relation to your CSBP Customer account through the Portal.
(e) You must not permit your Registered User details to be used by or transferred to any other person and, without limiting this principle, Account Administrators must not permit Account Representatives or Account Service Providers (or anyone else who is not the Account Administrator) access the Portal using the Account Administrator’s details or access the Portal functionality that is solely intended for access by the Account Administrator (including product and services pricing).
(f) We reserve the right to, in our sole discretion, suspend or terminate your access to all or any part of the Portal, including if we believe you are abusing the Portal (or the services available through the Portal) in any way or have breached these Terms. Without limiting the other provisions of the Terms and the personal information collection notice (referred to below) CSBP captures IP addresses of people accessing the Portal (including, but not limited to, as part of any contracting process) and monitors and records Portal access and usage.
2 Personal Information Collection Notice
As part of the registration process we require that you read, and acknowledge having read, our personal information collection notice separately provided as part of that process.
3 CSBP Access
(a) We (including our employees) will have full access to:
including any and all information in relation to all CSBP Customer Accounts.
(b) CSBP may grant access to the Portal to its contractors and agents. CSBP will only grant access to its Agents and CSBP’s accredited NUlogic advisors on the request of (and to the extent requested by) a CSBP Customer.
4 Removal of Access
As well as having the right to terminate, suspend or cancel access to the Portal for breach of these Terms, CSBP may terminate or cancel access to the Portal for Registered Users in the following circumstances:
(a) where no purchases of CSBP fertiliser products are made within two consecutive annual periods (commencing on 1 October and ending on the following 30 September) by the CSBP Customer that the Registered User has access permissions to the Portal in relation to;
(b) At any time in CSBP’s complete discretion;
(c) In the case of Account Representatives and Account Service Providers,
(i) on request from the Account Administrator for the relevant CSBP Customer Account; or
(ii) if the Account Administrator for the relevant CSBP Customer Account has their access to the Portal terminated or cancelled.
CSBP shall notify a Registered User if CSBP has terminated, cancelled or suspended access to the Portal for any of the reasons set out in this clause 4.
A Registered User may cancel access to the Portal by submitting a request for cancellation in writing to CSBP. CSBP will use reasonable endeavours to action such requests within one week of receipt.
5 Accuracy, completeness and timeliness of information
The information on the Portal is not comprehensive. While we use all reasonable attempts to ensure the accuracy and completeness of the information on the Portal, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on the Portal. You should monitor any changes to the information contained on the Portal.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the Portal or a linked website. You must take your own precautions to ensure that whatever you select for your use from the Portal is free of viruses or anything else (such as worms or Trojans) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the Portal (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the Portal updated. We are not liable to you or anyone else if errors occur in the information on the Portal or if that information is not up-to-date.
6 Promotions and competitions
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
7 Purchases and Good & Services Tax
CSBP may, from time to time, make available for purchase through the Portal, some of CSBP’s products and services. The terms and conditions applying to the purchase of these goods and services are separate from these terms and conditions and are separately set out in the Portal.
Unless stated to be otherwise, charges referred to for any goods or services supplied (or offered for supply) via the Portal are stated exclusive of GST.
8 Linked sites
The Portal may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
9 Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Portal and in all of the material (including all text, graphics, logos, audio and software) made available on the Portal (Content).
Your use of the Portal and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to the Portal or the Content. However we do grant you a licence to access the Portal and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of the Portal or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server or location..
All other use, copying or reproduction of the Portal, the Content or any part of it is prohibited, except to the extent permitted by law.
By uploading, transmitting, posting or otherwise making available any material to us through the Portal you:
(a) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the material in any form and for any purpose;
(b) warrant that you have the right to grant the abovementioned licences;
(c) warrant that the material does not breach the Terms; and
(d) unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the material.
10 No commercial use
The Portal is for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within the Portal. You may not use the Portal, or any of its Content, to further any commercial purpose.
11 Unacceptable activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to the Portal, including but not limited to:
If we allow you to post any information to the Portal, we have the right to take down this information at our sole discretion and without notice.
12 Accessibility and Availability
The information provided on the Portal has been compiled for your convenience. CSBP (including its directors, affiliates, officers, employees, agents, contractors, successors and assigns) makes no warranties about the accuracy, reliability or completeness of any information contained on the Portal and, to the extent permitted by law, we do not accept any responsibility arising in any way from errors or omissions.
To the extent permitted by law, we will not be liable for loss resulting from any action or decision by you in reliance on the material on the Portal, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
While we use reasonable endeavours to ensure that the Portal is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free. Your access to the Portal may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.
Except as expressly provided otherwise in the Terms, we reserve the right to change or discontinue any functionality, feature or service (or part thereof) on the Portal at any time.
13 Warranties and disclaimers
You use the Portal at your own risk. To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about the Portal or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that the Portal will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to the Portal, any Content, or any feature of the Portal at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
You use the Portal at your own risk. To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of the Portal and/or the information or materials contained on it, or as a result of the inaccessibility of the Portal and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date. To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, at our option, to:
(a) in the case of services supplied or offered by us:
(i) the re-supply of those services; or
(ii) the payment of the cost of having those services re-supplied; and
(b) in the case of goods supplied or offered by us:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of having the goods replaced; or
(iv) the payment of the cost of having the goods repaired.
In relation to any express warranty or condition set out in the Terms in connection with goods or services supplied or offered by us via the Portal, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services.
You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the Portal, including any breach by you of the Terms, and any unauthorised access to the Portal through your account.
16 Jurisdiction and governing law
Your use of the Portal and these Terms are governed by the law of Western Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Western Australia.
We may change all or part of the Terms at any time. If we do, the new Terms will be posted on the Portal. Your subsequent or continued use of the Portal will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the Portal. These terms and conditions of use were last updated in October 2015.
Any waiver of compliance with any Term by CSBP shall be deemed to be binding and effective only if it is given in writing. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Terms shall not constitute a waiver of such right.
19 SeveranceIf the whole or any part of a provision of this Agreement is invalid, illegal or unenforceable, then such provision will be severed from this Agreement and neither that part or provision or its severance will affect the validity or enforceability of the remaining parts or provisions of this Agreement.