GrowingCountry.com

PLEASE READ THESE TERMS CAREFULLY BEFORE VISITING OUR WEBSITE. IF YOU SUBSCRIBE TO A NEWSLETTER OR VISIT OUR WEBSITE, YOU ARE AGREEING TO ALL THESE TERMS WITHOUT AMENDMENT.

These terms apply to our Website regardless of where you are located. If you do not agree to these terms, then you do not have permission to visit and use our Website or receive our Newsletters.

1. ELIGIBILITY

  1. You must be at least 13 years of age to use our Website or receive our Newsletters. If you are under 13 years of age, you are not authorised to use our Website or receiver our Newsletters.
  2. If you are under 18 years of age, please consult with your parents or guardians before using our Website or signing up to our Newsletters.
  3. You are responsible for ensuring that your use of our Website and Newsletters complies with all laws, rules and regulations that are applicable to you in your country. You must not use our Website or Newsletters if prohibited by any laws, rules or regulations.
  4. We reserve the right to revoke your access to or use of our Website and our Newsletters.
  5. Our Website may not be available at all times or from all geographic locations.

2. INTELLECTUAL PROPERTY

  1. Unless otherwise stated, we own all Intellectual Property in our Website and Newsletters, and we own or have the license to publish all articles and content on our Website and Newsletters.
  2. Under no circumstances will you acquire any right, title or interest in our Intellectual Property or Newsletters.
  3. You must not reprint, redistribute or copy any of the articles or content on our Website or in our Newsletters unless we give you express written permission to do so. You may link to our articles and content, provided that you do not mispresent our articles and content as yours.
  4. You acknowledge that we are the exclusive owner of the GROWING COUNTRY trademark. Unless permitted by Law, you have no right or license to use our trademarks.
  5. You must not register our trademark "GROWING COUNTRY" or any variant of that name, as part of any domain name, business name or corporate name.
  6. You agree that you will not copy our Website or our Newsletters.
  7. You agree that you will not scape or crawl our Website or assist another person to do so.
  8. If our Website or Newsletters link to another website, we are not responsible for the content on such third-party website. We do not endorse any third-party websites, even if we link to them.
  9. If you upload or send any ideas to us, we may use your ideas without payment to you.

3. CONTENT

  1. Our Website and Newsletters include content, including articles, photographs and videos. Our content may have been created by us or by third parties. Our content may include reviews, ideas, suggestions, recommendations, research results, experiments and opinions.
  2. We are a publisher, not a consultant, advisor or scientist. Our content may have inaccuracies, be incomplete and not be tested. You should not rely upon our content unless you obtain expert advice. Our content is to get you thinking about a topic, and is not advice to you has to how to run your business or farm. We are not liable to you if our content is wrong, incomplete or misleading.
  3. Our content may apply in or be relevant to circumstances which may not be your circumstances. We are providing only general content and not content specific to your circumstances or needs (even if you tell us your circumstances or needs).
  4. If you notice an error in our content, you may let us know, and if appropriate, we may correct it.
  5. Our content may include opinions. These opinions may not be our opinions. We publish opinions with which we may not agree, for example, for the purposes or debate and discussion.
  6. If, at our request or otherwise, you submit content to us, including creative ideas, suggestions, proposals, plans, articles, photographs, videos, opinions, comments, reviews or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'submission'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium the submission that you send to us. We are and shall be under no obligation (1) to maintain any submission in confidence; (2) to pay you for any submission unless we have a written contract with you do so; or (3) to respond or return to you to any submission from you.
  7. You agree to hold us harmless from any damages suffered or claims asserted by a third party as a result of any submission that you provide to us. You may be held legally responsible for damages suffered by us or third parties due to your submission to us.

4. LIABILITY

  1. Except as expressly provided in these terms and to the full extent permitted by Law, we are not liable for any indirect or consequential Loss, including loss of profits, loss of business, loss of goodwill, loss of reputation, loss of privacy, or any other special, incidental, indirect or consequential damages whatsoever (and whether caused by our negligence or our personnel or otherwise) including Losses arising out of or in connection with any act or omission of us relating to the content on our Website or Newsletters, recommendations or suggestions made on our Website or Newsletters, your use of our Website or Newsletters, the information contained on our Website or in our Newsletters, and the failure of our Website to operate correctly or its availability, whether for breach of contract, tort (including negligence and strict liability), or otherwise, even if we have been advised of the possibility of such damages.
  2. Unless prohibited by Law, and subject to the provisions below, our liability to you for all causes of action relating to our Website or Newsletters is capped at AUD$50.
  3. Where legislation implies into these terms any condition or warranty or provides any other rights or remedies, which avoid or prohibit provisions in a contract excluding or modifying the application of, or exercise of, or liability under such condition or warranty or other rights or remedies, the liability of us to you for any breach of the condition or warranty or under any other rights or remedies will be limited, at our option to one or more of the following:
    1. if the breach relates to products:
      1. the replacement or the repair of the products, or the supply of equivalent products; or
      2. the payment of the costs of replacing or repairing the products, or acquiring equivalent products; or
    2. if the breach relates to services, the supply of the services again or the payment of the cost of having the services supplied again.

5. COMPETITIONS

  1. We may run competitions and giveaways. For certain competitions, additional terms and conditions may apply. These are located on the competition's pages of our Website, and such competition terms and conditions are incorporated herein.
  2. If you want to participate in such a competition, you must agree to the relevant terms and conditions applicable to that competition. In case of any inconsistency between such terms and conditions and these terms, those terms and conditions will prevail.
  3. Competitions may be limited to a particular geographic area or customer segment.

6. PRIVACY AND SECURITY

6.1 General

  1. Our Privacy Policy is located at growingcountry.com/privacy-policy and incorporate herein.
  2. By using our Website, signing up to our Newsletters, or by providing personal information to us, you agree to the terms of our Privacy Policy. 

6.2 Collection Statement

  1. We collect personal information about you to facilitate the operation of our Website, to send you our Newsletters where you subscribe to our Newsletters and for purposes otherwise set out in our Privacy Policy.
  2. When you browse our Website, we also automatically receive your computer's internet protocol (IP) address to provide us with information that helps us learn about your browser and operating system.
  3. We may disclose the information that you provide to us or that we collect about you to third parties that help us deliver our services (including information technology suppliers, delivery suppliers, and our business partners) or as required by Law. If you do not provide this information or consent to us collecting this information, we may not be able to provide all of our services or products to you.
  4. By providing your personal information to us, you consent to the collection, use, storage, and disclosure of that information as described in the privacy policy and these terms.

6.3 Further Information

  1. Our privacy policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint.

7. RELATIONSHIP

  1. You are not our agent or employee. You have no authority to bind us.
  2. We do not have fiduciary obligations to you.
  3. You must not assign or novate, directly or indirectly, any of its rights or obligations under these terms without our prior written consent.
  4. We may assign or novate all of, or part of these terms on written notice to you.

8. DISPUTE RESOLUTION

  1. If a dispute arises out of or in relation to these terms, the parties must promptly attempt in good faith to resolve the dispute.
  2. If the parties are unable to resolve the dispute within 21 days following notification of the dispute to the other party, then any dispute, controversy or claim arising under, out of or relating to this contract and any subsequent amendments of this contract, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be referred to and finally determined by arbitration in accordance with the WIPO Expedited Arbitration Rules. The place of arbitration shall be Brisbane, Australia. The language to be used in the arbitral proceedings shall be English. The dispute, controversy or claim shall be decided in accordance with the law of Queensland, Australia.
  3. Nothing in this clause prevents a party from seeking urgent injunctive relief before an appropriate court.

9. CHANGES TO THESE TERMS

  1. We may modify, add, or delete portions of these terms.
  2. Although we will post a notice of any material change to the terms on our Website prior to the change coming into effect, you are responsible for checking our Website periodically for changes to these terms.
  3. By continuing to use our Website or receive our Newsletters, you agree to be bound by these terms, as modified.
  4. Your access and use of the Website or receipt of our Newsletters is subject to the most current version of these terms, which were last updated on the date set out at the top of this document.

10. GENERAL

  1. Any provision of these terms which is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these terms nor affect the validity or enforceability of that provision in any other jurisdiction.
  2. These terms and, to the extent permitted by Law, all related matters including non-contractual matters, are governed by the laws of Queensland, Australia. In relation to such matters each party irrevocably accepts the non-exclusive jurisdiction of courts with jurisdiction in Queensland, Australia and waives any right to object to the venue on any ground.

11. DEFINITIONS AND INTERPRETATION

11.1 DEFINITIONS

The following definitions apply unless the context requires otherwise.

Intellectual Property means all industrial and intellectual property rights of any kind including but not limited to copyrights (including rights in computer software), trademarks, service marks, designs, patents, trade secrets, semi-conductor or circuit layout rights, trade, business, domain or company names, rights in Confidential Information, know-how and other proprietary rights (whether or not any of these are registered and including any application, or right to apply, for registration) and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these, which may subsist anywhere in the world, but excludes moral rights, and similar personal rights, which by Law are non-assignable.

Law means all applicable laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by laws, rules, regulatory principles, requirements and determinations, mandatory codes of conduct and standards, writs, orders, injunctions and judgments, and includes any Privacy Laws.

Loss means any claim, loss, damage, liability, cost, charge or expense (including legal expenses on a full indemnity basis), however arising, and whether present or future, fixed or unascertained, actual or contingent.

Personal Information has the meaning given to that term in the Australian Privacy Act and includes information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular person.

Privacy Laws means all legislation, principles, industry codes and policies, as amended or replaced from time to time, which relate to the collection, use, disclosure, storage or granting of access rights to Personal Information, and includes the Privacy Act 1988 (Cth).

You are contracting with Tourism Media Pty Ltd (ACN 102 751 879), an Australian corporation. By visiting our website or receiving our Newsletters, you agree that Queensland law applies to our operations.

GROWING COUNTRY is a trademark of Tourism Media Pty Ltd.