Terms and conditions
"user" is you and includes all other users authorised by you, each agreeing jointly and severally with you and includes the executors, administrators, personal representatives and assigns of a user.
"here" means "on the Farmers4LandReform web site".
"we" or "us" and like words mean the NSW Farmers Association as defined by clause 4 below.
You agree that:
(a) neither we nor any information here is ever your provider advisor or fiduciary and you have no provider-client relationship of any sort with us and you will not act or alter your position relying on any information here;
(b) we are never your agent, partner, joint venturer, or contractor.
You agree that no communication here from another user, whether a lawyer, or other professional or any person creates a provider-client relationship between you and us; that we are not responsible or liable to you or any person in any way for any information provided by any third party here. You agree that we neither create nor prevent the creation of nor intervene in any provider-client relationship, and that we are entitled to pass on the fact, but not the content of your enquiry for statistical purposes to the company which sponsors this web site or its agent.
You accept responsibility:
(a) to make prior conflict checks and other prudent checks before agreeing to any engagement arising out of any communications through this site;
(b) for the entire relationship with any other user with whom you communicate whether or not that user is or becomes your client or you become that user's client.
3. USE OF THE WEB SITE
(a) that you are over 18 years of age and entitled to enter this contract;
(b) not to hold us responsible for any dealing here with a minor, bankrupt or other person without capacity;
(c) that if we should need to, we may look at and may rely for all purposes on information you supply us;
(d) never here to mislead any person or break any law;
(e) to accept limitations of providers' practice rules and codes;
(f) to do nothing that would bring yourself, your profession, us or this web site into disrepute;
(g) that we may cancel your right to use the site any time (our policy is not to do so except after email notice);
(h) that we may discontinue the web site or alter the service or prices or terms at any time without notice;
(i) that the terms of this agreement override any contrary terms on or about or related to the website; and
(j) that you will respect other's copyright in any work you see or obtain through this web site; and
(k) that any anything in this agreement which may be invalid for any reason will not affect the validity of the other parts of the agreement.
This software is provided by The NSW Farmers' Association and the NSW Farmers (Industrial) Association, its related entities (collectively "the Association") of Level 6, 135 Chandos Street, St Leonards NSW.
Email: [email protected]
All text used here is either copyright © of the Association or used the Association with consent of the copyright holder. Neither the Association nor the Licensee nor any the Association or Licensee directors, employees or agents make any warranty or representation to you in respect of anything touching or concerning this web site.
The expression "we" "us" and "our" used here refer first and in all respects to the Association and the licensee and the party (if any) to whom any enquiry you make is referred, and secondly, to every organisation this web site visibly links to and to any person or information or response referred to you by us a provider whether automatically though programming code, or through human intervention and to all their respective directors employees and agents; and all such agreements and obligations, and all the covenants warranties and indemnities that you give in this agreement are given to and are expressly for the benefit of all of those companies and organisations and those persons.
6. USER AGREEMENT WITH PROVIDERS
You, subject always to terms specified by any provider (which includes us), and subject to applicable law, agree as follows with each provider engaged through this site that:
(a) all work is for the benefit of you alone, and the provider has no liability to any third party;
(b) the provider transfers no copyright in any work prepared for your possession or use;
(c) the provider may reasonably reschedule the completion of work;
(d) you will communicate the nature of any urgency which may arise;
(e) if you subsequently offer to pay for further work and this is accepted, then you will pay promptly for goods or services;
(f) you acknowledge that requests for prepayments for some services are normal;
(g) the provider may rely on all communications from you;
(h) if you communicate on behalf of another person or a corporation you will disclose this and be jointly liable with the corporation for any payments due;
(i) the provider may keep files beyond the legal minimum time and until disposal you may uplift file on payment for retrieval and copying (so provider retains a record);
(j) all contracts are deemed made at the location of the provider's office;
(k) communications from you are not deemed received until receipt verified. Nothing in this clause limits your warranties and indemnity to us or your agreements with us in the other parts of this document.
(a) that we are not responsible for and cannot deal with or remedy any complaint by any person against any provider nor by any provider against any user;
(b) that any dispute you, or any person through you, may have with us or in which we are concerned be decided under the laws of the country of the licensee whose courts have exclusive jurisdiction to hear any such dispute;
(c) to accept all responsibility for your relationship here with providers;
(d) that any complaint against a provider will be made in the first instance to the provider themselves, and if necessary then to the appropriate provider licensing body, not to us, nor will you make any claim against us;
(e) that we may release any relevant information among ourselves.
8. DISCLAIMER, LIMITATION OF LIABILITY, WAIVER, INDEMNITY AND OPERATIVE CLAUSE
You agree that
(a) we will not in any event be liable for any software or hardware errors, outages (Power, Telco or ISP) or malfunctions, which materially and substantially prevent or interfere with any use of this web site;
(b) we make no other warranties with respect to the services or facilities available here including but not limited to any implied warranties of merchantability, merchantable quality, and/or fitness for any particular purpose;
(c) without limiting the generality of the foregoing, we make no warranty as to the quality of or likelihood of any individual response from us or any person through this web site;
(d) The Association is not the author of all data on this web-site and whether or not written by us we make no warranty that any information will be accurate, error-free or uninterrupted, nor that it will meet your requirements or achieve your desired or anticipated results, nor any warranty arising now or at any time in the future from usage of any trade, course of dealing, or course of performance. You agree that the fitness and quality of our services must be construed within these constraints;
(e) our liability to you if admitted or adjudged is limited in any event to one dollar;
(f) our failure any time to enforce any provisions or rights under this agreement in no way constitutes waiver of same or affects the validity of this agreement or assists any defence or right against us;
(g) we are not responsible to you or any person for any keystroke, mouse-click, or other action, omission, or transaction connected with or incidental to the use of this web site;
(h) you will indemnify us and save us harmless and defend us from all losses, costs claims and actions suits whatsoever whether arising in contract or tort, at the suit of any person or persons, out of or incidental to every communication here made by or to you or made by or to any person using your registration, licensee registration number or Username or UserID or password, or credit card, whether at your direction, by your express or implied authorisation, or through your neglect;
(i) your further use of this web site signifies that you agree to all these terms in the words we set before you here and without any change.