The Farm Wholefoods – TERMS OF USE

1. What The Farm Wholefoods does

1.1 The Farm Wholefoods is a web based software system (The Farm Wholefoods) currently accessible through the domain www.thefarmwholefoods.com (the website) The Farm Wholefoods Provides members with an online environment.

2. Your agreement with us

2.1 By using or accessing The Farm Wholefoods you agree to be bound by the terms and conditions set out below (Terms of Use).

2.2 In these Terms of Use, a reference to “we”, “us” and “our” means The Farm Wholefoods Pty Ltd (ACN 603 558 130) which is the owner of The Farm Wholefoods and the provider of the Services.

2.3 A reference to “you” or “your” in these Terms is a reference to any person, accessing, reviewing or using The Farm Wholefoods

2.4 Except to the extent that these Terms apply or as required by law, your use of The Farm Wholefoods and receipt of any information from us does not create any legal relationship between you and us.

3. Use of this site and Access

3.1 The Farm Wholefoods may only be used by those entities or persons that have successfully and validly completed the client registration process (Members).

3.2 Members may access The Farm Wholefoods and the Services at any time, unless we have restricted access to perform necessary maintenance, updates, or upgrades. Your ability to access The Farm Wholefoods and the Services will otherwise depend on factors out of our control and we do not take or share any responsibility for those factors such as the quality of your internet connection and the state of your hardware.

4. Nominated Users of the Member

4.1 All Members must appoint and notify us of all nominated users of The Farm Wholefoods (Nominated Users);

4.2 We– at our absolute discretion may refuse access to any Nominated User;

4.3 Only nominated users may access and use The Farm Wholefoods and the Service;

4.4 You may at any time appoint new, additional or replacement Nominated Users if:

(a) you provide notice in writing to us;

(b) the Nominated Users are your employees or contractors; and

(c) you have procured the Nominated User’s acceptance and compliance with these Terms of Use.

5. Your obligations

5.1 By accessing and using The Farm Wholefoods you warrant and agree that you will:

(d) at all times be a current and valid Member;

(e) be solely responsible for all activities that occur on your The Farm Wholefoods online account .

(f) only use it to view, cache, browse, display, print or download a copy of any content featured on The Farm Wholefoods to your computer;

(g) use it for your business purposes and not for any purposes that are unlawful or may prejudice our reputation or interests of; and

(h) keep all passwords, account names, tokens or log in identifications required to access The Farm Wholefoods secure and confidential;

(i) not hide, deface, alter or delete any copyright symbol, trade mark or other proprietary rights notice;

(j) not hack into, change or otherwise knowingly transmitting a virus or otherwise damage The Farm Wholefoods or any information contained within it.

(k) not use The Farm Wholefoods for any activity which is obscene, indecent, offensive or defamatory;

(l) refrain from tampering with, hindering the operation of or making unauthorised modifications to The Farm Wholefoods;

(m) refrain from changing any administration settings on any part of the System without our permission;

(n) refrain from connecting The Farm Wholefoods to any other network not authorised by us;

(o) refrain from using any part of The Farm Wholefoods to send commercial electronic messages in contradiction of the Spam Act 2003 (Cth);

(p) refrain from uploading onto the System any material, or use the System in any way:

(I) which infringes the Intellectual Property Rights of any person; or

(II) which is unlawful or violates any law.

(q) not breach any other terms of these Terms of Access, our Privacy Policy, our Social Media Policy, Terms of Trade and any policies applying to you as a Member.

6. Technical information and Security

6.1 The transmission of data over the internet is not always secure. Although we endeavour to secure The Farm Wholefoods, we are not liable for any breaches of security and you use The Farm Wholefoods entirely at your own risk.

6.2 We do not warrant that functions available on The Farm Wholefoods will be uninterrupted or error free, or free of viruses or programming bugs or interferences due to factors outside our control.

6.3 Your ability to access The Farm Wholefoods will depend on factors out of our control and we do not take any responsibility or provide any warranties that The Farm Wholefoods will be accessible through all web borrowers or that it will be accessible at all times.

6.4 You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

7. Intellectual Property

7.1 The Farm Wholefoods contains intellectual property including trade marks, confidential information and copyright, together with any goodwill or reputation and intellectual property rights subsisting in those things.

7.2 You should assume that all intellectual property on The Farm Wholefoods is owned by The Farm Wholefoods or third parties and unless permitted by law, you must not copy, reproduce, transmit, display or otherwise distribute any of that intellectual property in whole or in part without our prior written consent.

8. Suspension or Termination of Access

8.1 We reserve the right to suspend or terminate your account or access to The Farm Wholefoods at our sole discretion if we believe that you have breached these Terms.

8.2 When that happens, we will endeavour to notify you of the breach and ways in which you can remedy them.

9. No Circumvention

9.1 Where we have suspended or terminated your account or access to The Farm Wholefoods, you must not attempt to circumvent this action by registering or attempting to register on The Farm Wholefoods under alternative username(s).

10. Third Party Websites and Third Party Content

10.1 The Farm Wholefoods contains links to third party websites. The goods and services advertised for sale on The Farm Wholefoods are largely the goods and services of third parties. We are not responsible for the operation, security levels, content, or any other aspect of any third party websites.

10.2 Links to third party websites are provided solely for your convenience and do not indicate our endorsement or affiliation of them or their products and services. We make no representations or warranties and are not liable for the content or accuracy of any information contained in linked websites and third party websites.

10.3 You must make your own enquires as to the suitability of the content of third party websites and the goods and services available for sale on them.

10.4 Third party websites may be governed by their own terms and conditions (including a different privacy policy), which will apply to your use and acquisition of products from third party websites. We strongly recommend that you read their terms and conditions

11. Comments

11.1 You may provide comments, feedback, ideas, or suggestions through The Farm Wholefoods (Comments) to us and other users. Some of the Services allow you to upload and share information with others (also considered as Comments for the purposes of these Terms). By uploading, transmitting, posting or otherwise making available any Comments you:

(a) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and/or exploit such Comments for any commercial or non-commercial purpose;

(b) warrant that in providing your Comments will not have breached any laws or regulations or these Terms; and

(c) you give your unconditional and irrevocable consent to any act by us which would otherwise, but for your consent, infringe your moral rights (as defined by the Copyright Act 1968) which you may have in respect of your Comments.

11.2 We reserve the right (but have no obligation) to:

(a) prevent the upload, transmission, posting or otherwise making available any Comments from a user of The Farm Wholefoods or the Services;

(b) review, modify, reformat, reject or remove any Comments uploaded, posted, transmitted or otherwise made available through The Farm Wholefoods that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and

(c) monitor the use of The Farm Wholefoods , and store or disclose any information that we collect, including in order to investigate compliance with these Terms or for the purposes of any police investigation or governmental request.

11.3 You agree to accept full responsibility for any Comments you upload, post, transmit or otherwise make available on The Farm Wholefoods and you agree that we will not be liable for those Comments.

11.4 You must not post Comments containing links or references to other services.

11.5 By allowing you to upload, post, transmit or otherwise make available your Comments on The Farm Wholefoods , we are not to be taken as having endorsed any opinion, advice or statement made by you.

12. Disclaimers

12.1 We only provide The Farm Wholefoods ’s forms and templates. While we endeavour to ensure the accuracy and completeness of The Farm Wholefoods’s forms and templates, they may contain errors and omissions and are liable to change. Users are responsible for the uploading and entering of all data onto The Farm Wholefoods (including addresses, contact numbers and company details).

12.2 We make no warranties and accept no responsibility for any loss or damage you may suffer as a result or your reliance on:

(a) data loaded onto The Farm Wholefoods (including any as to the quality, accuracy, completeness or fitness for any particular purpose of such material); or

(b) The Farm Wholefoods’ forms and templates; or

(c) any material of a third party website.

12.3 Except to the extent required by law, the contents of The Farm Wholefoods are provided without any express or implied representations or warranties. We exclude all implied conditions and warranties relating to the content of The Farm Wholefoods to the extent permitted by law. Where liability cannot be excluded, any liability incurred by us in relation to the use of The Farm Wholefoods or its contents is limited as provided under the Competition and Consumer Act 2010 (Cth).

12.4 You agree that The Farm Wholefoods and its committee of management, officers, employees, agents, contractors, service providers, successors or assigns will not be liable for any direct or indirect loss or damage, whatsoever (including through negligence) arising out of, or in any way related to, the use of The Farm Wholefoods or any other third party linked website.

12.5 Under no circumstances will we be liable for any incidental, direct, indirect, consequential, special, punitive or other losses, damages, liabilities, claims or expenses you or others may suffer including damages for loss of profits, loss of opportunity, business interruption or loss or corruption of data or information from the use of The Farm Wholefoods.

12.6 We are not responsible to you or anyone else for any loss suffered in connection with the use of The Farm Wholefoods , any of its contents, for any loss incurred as a result of damage to your or another person’s computer system or the transmission of any computer viruses.

12.7 You indemnify and agree to keep us indemnified against any loss or damage or costs incurred by us in connection with your breach of these Terms or of any other legal obligation by you or your use of or conduct on The Farm Wholefoods.

13. Privacy Policy

13.1 Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our Privacy Policy on our website

13.2 In the course of using The Farm Wholefoods you will come into contact with and be provided with Personal Information belonging to other The Farm Wholefoods users. By accessing and using The Farm Wholefoods you agree to treat that Personal Information on the same terms and in accordance with our Privacy Policy.

14. General

14.1 These Terms are in addition to, and not in derogation of, any other terms or conditions that appear elsewhere on The Farm Wholefoods and must be interpreted accordingly.

14.2 These Terms may be varied from time to time and without notice to you. Please ensure that you review these Terms regularly as you will be deemed to have accepted a variation if you continue to use The Farm Wholefoods after a variation to the terms has been posted.

14.3 If any part of these Terms are determined to be illegal, invalid or otherwise unenforceable or void, that part shall be severed to the extent necessary and the remainder of these Terms shall continue in full force and effect.

14.4 No waiver of any breach of these Terms will be construed as a waiver of any other breach of these Terms.

14.5 The Terms are governed by and construed in accordance with the laws of the State of New South Wales, Australia and any claim made by either party against the other which in any way arises out of the Terms will be heard in New South Wales and you agree to submit the jurisdiction of those courts.

For further information on using this site, please contact: hello@thefarmwholefoods.com

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