Terms of Use

INCITEC PIVOT LIMITED: TERMS OF USE FOR 'COMMUNITY’ WEBSITES 

Terms of Use

This website is owned by Incitec Pivot Limited (ACN 42 004 080 264) of Level 8, 28 Freshwater Place, Southbank, Melbourne, Victoria, Australia, 3006 ("Incitec Pivot").

If you use Incitec Pivot's website, you are agreeing to be bound by the terms and conditions listed below and any other laws or regulations which apply to this website.

Copyright Statement

1.    All copyright in the website design, text, graphics, the selection and arrangement thereof, and all software relating to this website belongs to or is licensed by Incitec Pivot. This copyright is protected by Australian and international copyright laws.
2.    Subject to paragraph three, no material from this website may be copied, reproduced, distributed, modified, uploaded, transmitted, reused, re-posted, published or framed within another website without Incitec Pivot's prior written permission.
3.    Incitec Pivot grants you permission to download one copy of the material on this website in the usual course of operating your web browser, for your personal non-commercial use. You may also print hard copies of the material on this website for non-commercial use, provided you retain all copyright and other proprietary notices on that material.


Trade Mark Statement

All trade marks, service marks, trade names, branding and get-up (trade dress) on this website belong to Incitec Pivot or its licensors. Incitec Pivot does not give you any licence or right to use them.


General Disclaimer

1.    This website has been compiled by Incitec Pivot on the basis of current general information. Changes in circumstances after publication may affect the completeness or accuracy of this information. To the maximum extent permitted by law, Incitec Pivot disclaims all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness and reliability of the information on this website, and to seek professional advice where necessary. Without limitation, all information about products and their use:
a.    shall be taken as a guide only (for example, in the case of fertilisers, their use is not the only factor affecting crop yields; you should also take local soil, climatic and other conditions into account as these could affect crop responses to applied fertilisers);
b.    should not be relied upon by you as a substitute for seeking professional advice in relation to the use of the products;
c.    is provided subject to the user's overriding obligation, prior to use, to assess and control any risks arising from the use of the product (for example, in the case of fertilisers, Incitec Pivot cannot anticipate or control the conditions under which the product may be used); and
d.    should be viewed and downloaded or printed in its entirety so that you have all the information that has been made available.
2.    Nothing contained on this website is to be interpreted as a recommendation to use any product, process or formulation or any information on this website in a manner which infringes the intellectual property rights of any person, company or entity. Incitec Pivot makes no representations or warranties that use of the information on this website will not infringe the intellectual property rights of third parties.
3.    Incitec Pivot makes no representation that the products displayed on this website are currently available or that their specifications are current and complete. Display of any product does not constitute an offer or undertaking by Incitec Pivot.
4.    To the maximum extent permitted by law, Incitec Pivot makes this website and its contents available on an "as is" basis and Incitec Pivot makes no representations or warranties of any kind with respect to this website or its contents. To the maximum extent permitted by law, Incitec Pivot disclaims any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website, including without limitation the information on this website, products referred to on this website and any email correspondence between you and Incitec Pivot.
5.    Except to the extent that there is an express statement to the contrary, nothing contained on this website amounts to an invitation to deal in shares or other securities issued by Incitec Pivot. Please seek independent professional advice before making a decision to invest in Incitec Pivot.


Limitation of Liability

1.    The use of the information on this website is at your own risk. Incitec Pivot, its directors, employees, shareholders, agents and other representatives will not, under any circumstances, be liable for any injury, loss or damage arising out of or related to the use, or inability to use, the information on this website or provided through this website by email.
2.    This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and third party claims.


Links

1.    Subject to obtaining prior written consent, Incitec Pivot permits linking to this website, provided that the full html page is loaded. Any such links must not incorporate Incitec Pivot's trade marks or service marks, and must not be used to disparage or otherwise detrimentally affect the reputation of Incitec Pivot or its related corporations.
2.    Information on this website may include links to the websites of others. These links are provided for your convenience only. Incitec Pivot does not endorse, guarantee or approve the content or accuracy of these websites, and does not recommend the products, services or information on these websites.
3.    Incitec Pivot does not warrant that information on any third party websites is free from computer viruses or any defects, errors or infringements of intellectual property rights, nor does Incitec Pivot authorise any such infringement by providing these links.
4.    Incitec Pivot disclaims liability for any loss or damage whatsoever arising from your use of links to third party websites.


Unsolicited ideas

1.    It is Incitec Pivot's policy not to accept information from third parties which is confidential or proprietary. If you wish to retain the confidentiality of your material, do not submit it to us via email or otherwise.
2.    Any unsolicited ideas you submit to Incitec Pivot will, to the extent legally permissible, become Incitec Pivot's property, and Incitec Pivot may reproduce, disclose, transmit, broadcast or otherwise use those ideas, without any obligation to compensate you. This will apply even if your material includes a statement as to confidentiality contrary to these terms of use.

Indemnity

You agree to indemnify Incitec Pivot, its directors, employees, shareholders, agents and other persons involved in the creation of this website for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide to Incitec Pivot via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Australian Trade Practices Act 1974 (Cth) (as amended, re-enacted or replaced from time to time).


Jurisdiction and Severance

1.    If a dispute arises regarding these terms of use, the laws of the State of Victoria, Australia, will apply. In relation to any such dispute, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia, and the courts of appeal from them, and waive any rights that you may have to challenge the appropriateness of that forum.
2.    If you access this website in a jurisdiction other than Victoria, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.
3.    If any provision of these terms of use is held invalid, unenforceable or illegal for any reason, these terms of use remain otherwise in full force and effect apart from such provision which will be read down to the extent of the invalidity, unenforceability or illegality, and if it is not possible to read down the provision it will be deleted.

Privacy Policy
 
Incitec Pivot's commitment to its contractors, customers, shareholders and the community is spelled out in the company's Privacy Policy.  The Privacy Policy in relation to Agronomy Community Website can be found online at the bottom of the website page next to the Terms of Use link.

THE AGRONOMY COMMUNITY WEBSITE

This section of the Terms of Use sets out your rights and obligations in relation to your use of the website known as the ‘Agronomy Community’ Website (AC Website).  This is in addition to, and not in substitution for, the Terms of Use set out above.

Registered User


The AC Website shall only be accessed by those individuals who have been permitted to do so by Incitec Pivot providing a username and password to that individual (Registered Users).  By accessing the AC Website using the username and password provided to a Registered User:
•    you represent and warrant that you are the individual that was provided with the username and password; and
•    you are deemed to accept these Terms of Use.

Interactive Services

1.    From time to time, the AC Website may include various sections, pages, areas or services which allow Registered Users and others to post, upload or create content on the site. For example, such sections, pages, areas or services may include:
•    discussion forums;
•    forums allowing users to vote ‘for’ or ‘against’ and/ or comment on an article;
•    message or bulletin boards; and
 (together, the Interactive Services).
2.    In using any Interactive Services, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the AC Website any of the following:
•    any message, comment, data, information, text, music, sound, photos, videos, graphics, links, code or other material (Registered User Content) that is unlawful, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of the privacy of others, abusive, inflammatory, fraudulent or otherwise objectionable;
•    any Registered User Content that may or does infringe any intellectual property right (whether that intellectual property is registered or not) or contract right of any party (including Incitec Pivot). By posting Registered User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such Registered User Content;
•    any content relating to promotions, political campaigning, advertising, junk mail, spam, chain letters, financial schemes of any kind or other financial solicitations;
•    any content that impersonates any person or entity;
•    any content that misrepresents a Registered User’s affiliation with a person or entity;
•    private information of any third party (including a customer of Incitec Pivot), including, without limitation, addresses, phone numbers, email addresses, purchasing information, financial information and credit card numbers;
•    private information of another Registered User, unless you have the express consent of that other Registered User to the disclosure that information in the form and context that it will appear in the AC Website; and
•    viruses, corrupted data or other harmful, disruptive or destructive files.
3.    Incitec Pivot may, in its absolute discretion, delete any Registered User Content if it reasonably considers that the Registered User Content is inconsistent with or breaches these Terms of Use, breaches any law or otherwise inhibits or restricts any other person’s use or enjoyment of the AC Website.  
4.    To the extent permitted by law, Incitec Pivot takes no responsibility and assumes no liability for any Registered User Content, or for any loss or damage to Registered User Content.  Incitec Pivot is not liable for any mistakes, defamation, omissions, falsehoods, offensive material or obscenity you may encounter as a result of viewing the content of the Site.
5.    If you post Registered User Content to the AC Website, unless we indicate otherwise, you grant Incitec Pivot and its subsidiaries a non-exclusive, royalty-free, perpetual, irrevocable and right to use, sub-licence, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Registered User Content without restriction.
6.    You grant Incitec Pivot and its subsidiaries and sub-licensees the right to use the name that you submit in connection with such content, if they choose.

 

Legal Disclaimer - Mental Health

  • All the information provided in this section of the website is written by Dr Chris Day.
  • Dr Chris Day, her recommendations, all advice and information produced by her is completely independent of Incitec Pivot Fertilisers and is not necessarily endorsed by
  • Incitec Pivot Fertilisers. Dr Day is a registered psychologist, executive coach, author and public speaker on psychological issues.
  • The content on this website is a guide only and not a substitute for health and medical advice from a qualified health professional. Users of this website should always seek the advice of their own General Practitioner or mental health specialist to discuss their personal situation. Incitec Pivot Fertilisers has no for the recommendations, advice or information provided by Dr Chris Day.
  • The content on this website cannot be replicated or redistributed. This website provides links to other websites, which may contain information that is the copyright of third parties and subject to restrictions on use or reproduction.

Copyright relating to AC Website

Notwithstanding paragraphs 2 and 3 of the section entitled ‘Copyright Statement’, Incitec Pivot grants to Registered Users permission to download one copy of the material on this website in the usual course of operating your web browser for your commercial use, being use in the course of your usual business as a professional engaged in the agronomy industry.


Links from AC Website

Further to paragraph 2 of the section entitled ‘Links’ above, where a Registered User uses a link to the website of others, this may result in the Registered User being automatically logged out of the AC Website.


Security

In consideration of your use of the AC Website, you agree to:
 
•    maintain the security of your password and identification;
•    notify Incitec Pivot immediately of any unauthorised use of your account or other breach of security;
•    accept all responsibility for any and all activities that occur under your account; and
•    accept all risks of unauthorised access to your account information and any other information you provide to Company.


Termination

Notwithstanding any of these Terms of Use, Incitec Pivot reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the AC Website.


Changes to Terms of Use

Incitec Pivot reserves the right to change any of the terms and conditions contained in the Terms of Use, at any time and in its sole discretion. Any changes will be effective immediately upon posting on the AC Website. Your continued use of the AC Website following the posting of changes will constitute your acceptance of such changes.