Terms of Use

1. Introduction

This website is operated by Horticulture Innovation Australia Limited (ABN 716 021 001 49) (Hort Innovation, we, our, or us) under the domain name horticulture.com.au (website means the whole or any part of the web pages located at www.horticulture.com.au and where applicable the Delivery Partner Portal (Portal), and includes the layout of this website; individual elements of this website's design; underlying code elements of the website; or text, sounds, graphics, animated elements or any other content of this website).

2. Scope

Your access to and use of this website is subject to these terms and any additional terms (including in relation to the Portal), policies (including our Privacy Policy and Cookies Policy, notices and disclaimers which appear on this website) (Terms of Use). To the extent that you use our Portal then these Terms of Use also govern your use of the Portal.

By proceeding with your access, use or interaction with the website you agree to accept these Terms of Use and we agree to grant you a non-exclusive, non-transferable, revocable licence to use this website in accordance with these Terms of Use.

We may amend these Terms of Use at any time by publishing a new version on the website and you will be deemed to have accepted any such amendments by your use of the website.

The information contained on the website is provided by us in good faith on an "as is" basis and all users must verify the information before using the information. We do not make any representation or warranty that the information contained on the website is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure.

3. Your Conduct

You are responsible for your use and activity in connection with this website and agree that you (either yourself or through any third party) must not:

• submit or attempt to submit or post inappropriate or offensive content, such as any content that is sexually orientated, abusive, harassing, defamatory, vulgar, obscene, profane, and bigoted, or incites violence;

• use any device, software, process or routine to interfere or attempt to interfere with the proper working of the website or any transaction or process being conducted on or through the website;

• take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the website;

• disrupt, modify or interfere with the website or is associated software, data, hardware and/or servers in any way and you agree not to impede or interfere with others use of the website;

• attempt to modify, add, delete or download the website and associated files, source code, stored data which is not publicly available;

• use the website for the purpose of harming or attempting to harm others in any way;

• transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation to any address mentioned on our website or otherwise made available via our website; and/or

• attempt to gain access to our servers by any means including without limitation by using administrator passwords or by masquerading as an administrator whilst using the website (other than connecting to our server by a https request using a web browser).

• You must comply with all applicable laws and regulations that relate to your use of the website. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.

4. Privacy

These Terms of Use incorporate, and should be read together with, our Privacy Policy. Hort Innovation will use only the personal data which you submit to us via the website in accordance with our Privacy Policy.

Our Cookies Policy also describes how we may collect, store and use cookies.

5. Intellectual Property Rights

Unless indicated otherwise, all rights (including intellectual property rights such as copyright, design rights, patents, inventions, knowhow, database rights, trade marks, source codes and any other intellectual property rights) in this website, its content and design are owned by or licensed to us and are protected by applicable laws and treaties. All such rights are reserved.

You must not reproduce, adapt, store, transmit, print, display, publish, link to, commercialise, distribute, perform or create derivative works from any part of the content or design of this website except with our prior written consent or that of our licensors (as applicable), or as permitted by applicable copyright law.

All trade names, trade marks, service marks and other product and service names and logos (the "Marks") displayed on the website are proprietary to their respective owners and are protected by applicable trade mark and copyright laws. These Marks may be registered or unregistered marks of Hort Innovation or others.

Nothing contained on the website should be construed as granting any licence or right of use of any other person's or entity's trade mark which is displayed on this website without their express permission.

You must not remove, change or obscure the Hort Innovation logo or any notices of proprietary rights on any content on this website.

6. Linked Websites

This website may contain links to or references to third-party websites or content that may not be owned, operated or controlled by us (Linked Websites). Unless expressly stated otherwise on this website, Hort Innovation:

• has no relationship with the owners or operators of Linked Websites; and

• no control over or rights in those Linked Websites.

• We are not responsible for the content, reliability or currency of the Linked Websites or its content or privacy practices.

• When using the Linked Websites, you will be bound by the terms and conditions posted on those websites.

• Linked Websites are provided solely for your convenience and we do not in any manner support, endorse or sponsor the Linked Website, any information in them or the products or services referred to or provided in them.

• You must not create or publish any link or content from another website to this website without our prior written consent.

7. Security

Whilst we aim to use appropriate technical and organisational measures to make information received from you secure against misuse, accidental loss, destruction or damage, and unauthorised access, modification and disclosure we make no warranty in respect of its security measures and, subject to applicable laws, we are not responsible for any misuse, loss and unauthorised access, modification and disclosure of information provided by you to us.

8. Termination

We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate use of this website at any time.

Any suspected or actual fraudulent, abusive, offensive or otherwise illegal activity may be grounds for termination of your access to the website and/or legal action which may be pursued by us without further notice to you.

All provisions of these Terms of Use survive termination, including, without limitation, limitations of liability and indemnities.

9. Liability

Hort Innovation makes no representations about the suitability, reliability, timeliness, comprehensiveness and accuracy of the information, services and other content contained on this website. We do not undertake to keep this website updated. We are not liable to you or anyone else if errors occur in the information on this website or if that information is not up-to-date.

We do not guarantee that the content and the provision of the content of this website will always be correct or fault, error and virus free. We do not accept liability for incorrect content or errors and omissions in this website or its content (whether of legal, typographical, technical or other nature).

Hort Innovation will not be liable for any interference with or damage to your computer systems that may occur in connection with use of this website or a Linked Website, or for any data loss or any equipment or software replaced by you as a result of you using this website. You must take your own precautions to ensure that whatever you select for your use from this website is free of viruses, malicious computer code or other forms of interference that may interfere with or damage the operations of your computer systems.

Hort Innovation shall not be liable directly or indirectly in contract, tort, equity or otherwise for any damage whatsoever in connection with this website or any use of content provided on this website, including any direct, indirect, special, incidental or consequential damage (including but not limited to loss of profits, interest, data, business revenue, anticipated savings, business or goodwill).

Hort Innovation will in no way be liable to you or anyone else for any loss or damage, however caused which may be directly or indirectly suffered in connection with websites of other entities that are hyperlinked from this website.

To the extent permitted by applicable law, all representations, warranties and other terms are excluded.

This general disclaimer is not restricted or modified by any specific warnings and disclaimers elsewhere on this website.

You indemnify us, our employees, representatives and third-party service providers from any and all claims and liabilities (including reasonable legal fees) which may arise from your use of this website including but not limited to your access to its content, unauthorised use of content, unauthorised access to the website or from your breach of these Terms of Use or any other act or omission relating to or connected with your use or access to this website or the Portal.

10. Governing Law

These Terms of Use and any disputes arising out of use of or access to the website are governed by the law applicable in the State of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

11. Delivery Partner Portal

The Portal may be available for you to access and upload Materials associated with Projects (Materials means all information, documents or data or any combination of them which you are required to submit to Hort Innovation under the terms of an agreement between you and us in relation to a Project and Projects means the project for which you are submitting Materials).

In order to access the information in this Portal, you will be required to use a specific user ID, username, email address or other login information, such as a password (Login Information). 

Unless we agree otherwise in writing, you are provided with access to this Portal for your use only. Without limiting the foregoing, you may not without our written permission on-sell information obtained from the Portal to any third party. These obligations of confidentiality do not apply to any information which is already in the public domain, other than through a breach by you of this obligation, or which is required to be disclosed by law or a regulatory body.

We have the right to terminate your access to the Portal, if we determine that you have failed to comply with any of the provisions of these Terms of Use.

You must immediately notify us should you cease to be part of the Project team undertaking the Project and you must not access and use the Portal.

All Material submitted via the Portal is subject to the ownership and licensing provisions of the Project agreement between you and Hort Innovation.

Inappropriate Material (as determined in our sole discretion) may be removed without notice.

Hort Innovation will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone submitting inappropriate (as determined by Hort Innovation) and may also provide copies of any Material submitted via the Portal.

You warrant that any Material submitted by you on the Portal:

• does not infringe the intellectual property or other rights of any third party or constitute a misuse of any person's personal or confidential information; and

• is both true and correct and is not misleading in any way.

If through your use of the Portal, malicious computer code is introduced into any component of Hort Innovation’s environment or any of its system or software you indemnify Hort Innovation against all costs and expenses that it suffers or incurs in relation to identifying and removing the malicious computer code.

Effective: October 2021