6th January 2009

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Terms & Conditions

USE OF WEBSITE
Welcome to our website. www.efarming.com.au ("Website") is owned and operated by Efficient Farming Pty Ltd (A C N 128 763 360) ("Efficient Farming"). Use or access of the Website is subject to the general terms and conditions set out below, the Privacy Policy and the specific terms and conditions set out elsewhere in the Website ("Terms"). If you use and/or access the Website you are agreeing to comply with and be bound by the Terms.

Efficient Farming reserves the right to amend the Terms at any time and you should periodically check the Website for any amendments or updates to the Terms.

INTELLECTUAL PROPERTY
For the purpose of these Terms "Intellectual Property" means but is not limited to trademarks, service marks, patents, copyrights, associated moral rights, designs, geographical indications, layout-designs (topographies) of integrated circuits and similar industrial, commercial and intellectual property (whether registered or not and whether protected by statute or not).

All Intellectual Property and proprietary rights in the Website and all content displayed or featured on the Website, including but not limited to, text, material, information, graphics, data, software, reports, photographs, logos, audio and video material and advertisements ("Material") is the property of and shall vest in Efficient Farming, its successors, assigns or third parties (where applicable).

The Material on this Website is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the Material. All rights not expressly granted under these terms of use are reserved by Efficient Farming. You may only use the Material in unaltered form for your personal, non-commercial use and you must not republish, copy, modify, retransmit, redistribute or otherwise make the Materials available to any other party or make them available on any website, on-line service or bulletin board of your own or of any other party or make them available in hard copy or to any third party without the express prior written consent of Efficient Farming.
The logos of the Efficient Farming’ Website is a registered trademark of Efficient Farming. Other trademarks may be displayed on the Website from time to time. These may belong to third parties. Nothing displayed on the Website should be construed as granting any license or right of use of any logo, trademark or masthead displayed on the Website, without the express written permission of the relevant owner.

CONTRIBUTING MATERIAL TO THE WEBSITE
You understand that all Material (including without limitation any advertisement, articles, messages, uploading files, inputting data or engaging in any other form of communication) that you submit for display on the Website whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Material originated. Only you and not Efficient Farming will be entirely responsible for all Material that you upload, post, email, transmit or otherwise make available via the Website. You represent and warrant to us that any Material which is submitted for display on the Website:


a) you are authorised to provide the Material and have obtained all necessary consents and approvals, including but not limited to the consent of any third party with whom the Intellectual Property rights to the Material vests;


b) the Material does not infringe any Intellectual Property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential Material, copyright and moral rights;

c) the Material is true and accurate;

d) the Material is not defamatory or a malicious falsehood in relation to any product, service, person or corporation; and is not harmful, threatening, abusive, harassing, tortious, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

e) the Material is not the “passing off” of any product or service and does not constitute unfair competition; and

f) the Material does not infringe any legislation or regulations of the Commonwealth of Australia and the State of Western Australia including, but not limited to, the Trade Practices Act 1974 (Cth) and equivalent state and territory legislation and any other parliament competent to legislate in relation to the Website or any law in any country where the Material is or will be available electronically to users of the Website.

In the absence of any contrary agreement, by submitting any Material on the Website you grant to Efficient Farming a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do or all or any of the following in respect of the Material:

a) to use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and

b) sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide.

You expressly waive in favour of Efficient Farming and any other party authorised by Efficient Farming all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any Material. At the request and expense of Efficient Farming, you will execute and deliver to Efficient Farming such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

CLASSIFIEDS

Please note our Website merely acts as an online venue to allow users to communicate and offer,  sell, and buy the products and services advertised in the “Classifieds” section of our Website. You acknowledge and agree that we are not involved in the actual transaction between buyers and sellers. You agree that we have no control over and we cannot ensure and do not guarantee:

a) the quality, usefulness, merchantability, fitness for purpose, safety or legality of the products or services advertised in our Classifieds section; or

b) the truth, accuracy or availability of any products or services advertised; or

c) that the seller has the ability to sell and/or the buyer has the ability to buy the products or services advertised.

DISCLAIMER AND LIMITATION OF LIABILITY
The Material contained in this Website is for general information purposes only. This Website contains information provided by third parties, links to websites operated by third parties, and advertisements which may contain embedded links or which include referral buttons to websites operated by third parties or their licensees or contractors.

The linked websites, advertisements and third party information displayed on our Website are not under the control of Efficient Farming and the display of those links, advertisements and third party information does not constitute or indicate a relationship between Efficient Farming and that third party nor an endorsement of any information, products or services advertised or displayed on our Website or on a third party website.

Whilst we endeavour and take all due care to keep the information up-to-date and correct, and our Website error-free and free of viruses, Efficient Farming its related entities, directors, contractors, officers, agents and employees, to the greatest extent permitted by law:

a) make no representations or warranties or guarantee of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website or any linked website for any purpose;
 

b) expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose for any products and services advertised on the Website on or third party linked websites; and

c) does not warrant that the functions contained in any Material or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits material are free of viruses or any other harmful components.

Use of this Website and any linked websites is at your own risk and in no event will Efficient Farming be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use and access or inability to use and access this Website or any third party linked websites.

To the fullest extent permitted by law, Efficient Farming's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Efficient Farming to the following:

a) in the case of services supplied or offered by Efficient Farming,

(i) the supply of the services again, or
(ii) the payment of the cost of having services supplied again; and
b) in the case of goods supplied or offered by Efficient Farming,
(i) the replacement of the goods or the supply of equivalent goods
(ii) the repair of such goods,
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods, or
(iv) the payment of the cost of having the goods repaired.

INDEMNITY
You agree to indemnify and hold harmless, Efficient Farming its related entities, directors, contractors, officers, agents and employees on a full indemnity basis, from and against any action, suits, claims, demands, liabilities, costs, expenses, loss and damage incurred or suffered, by Efficient Farming arising from or in connection with all or any of the following:

a) any Material you submit, post, transmit or otherwise make available through the Website;

b) your use and access or inability to use and access the Website and any linked third party websites;
c) advertising, selling or buying products and services advertised in the Classifieds; or

d) your violation of the Terms or your violation of any rights of another.

MISCELLANEOUS
This agreement is governed by and construed in accordance with the laws of Western Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Western Australia. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

All rights not expressly granted herein are reserved.