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Variety Access Australia

Legal

Variety Access Pty. Ltd Disclaimer

Variety Access Australia
The content of this website/publication is for information only and subject to change without notice. Variety Access makes no statements, representations or warranties about the accuracy or completeness of the content of this website, and you should not rely on any information contained in this website/publication, including any content accessed by following links provided in this website/publication of Variety Access. Variety Access expressly disclaims all responsibility and all liability (including without limitation, liability for negligence) for any expenses, losses, damages or costs you might incur as a result of the information on this website/publication/links being inaccurate or incomplete in any way and for any reason.

Please note that all Intellectual Property on this site belongs to Variety Access and may not be copied or reproduced in any form whatsoever.

 

Site Privacy Policy

Your privacy is critically important to us. At Variety Access we have a few fundamental principles:

  • We don’t ask you for personal information unless we truly need it. (We can’t stand services that ask you for things like your gender or income level for no apparent reason.)
  • We don’t share your personal information with anyone except to comply with the law, develop our products, or protect our rights.
  • We don’t store personal information on our servers unless required for the on-going operation of one of our services.

Below is our privacy policy which incorporates these goals:

If you have questions about deleting or correcting your personal data please contact our support team .

Variety Access Inc. (“Variety Access”) operates the following website varietyaccess.com.au.It is Variety Access’s policy to respect your privacy regarding any information we may collect while operating our websites.

Website Visitors

Like most website operators, Variety Access collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Variety Access’s purpose in collecting non-personally identifying information is to better understand how Variety Access’s visitors use its website.

Variety Access also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments or registering for our courses. Variety Access only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.

Gathering of Personally-Identifying Information

Certain visitors to Variety Access’s websites choose to interact with Variety Access in ways that require Variety Access to gather personally-identifying information. The amount and type of information that Variety Access gathers depends on the nature of the interaction. For example, we ask visitors who sign up for a course to provide a username and email address. Those who engage in transactions with Variety Access – by purchasing training, for example – are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Variety Access collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Variety Access. Variety Access does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Aggregated Statistics

Variety Access may collect statistics about the behavior of visitors to its websites. For instance, Variety Access may monitor the most popular pages on the skillfull29.co.za site or use spam screened by the Akismet service to help identify spam. Variety Access may display this information publicly or provide it to others. However, Variety Access does not disclose personally-identifying information other than as described below.

Protection of Certain Personally-Identifying Information

Variety Access discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Variety Access’s behalf or to provide services available at Variety Access’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Variety Access’s websites, you consent to the transfer of such information to them. Variety Access will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Variety Access discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Variety Access believes in good faith that disclosure is reasonably necessary to protect the property or rights of Variety Access, third parties or the public at large. If you are a registered user of an Variety Access website and have supplied your email address, Variety Access may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Variety Access and our products. We expect to keep this type of email to a minimum. Variety Access takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Variety Access uses cookies to help Variety Access identify and track visitors, their usage of Variety Access website, and their website access preferences. Variety Access visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Variety Access’s websites, with the drawback that certain features of Variety Access’s websites may not function properly without the aid of cookies.

Business Transfers

If Variety Access, or substantially all of its assets, were acquired, or in the unlikely event that Variety Access goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Variety Access may continue to use your personal information as set forth in this policy.

Privacy Policy Changes

Although most changes are likely to be minor, Variety Access may change its Privacy Policy from time to time, and in Variety Access’s sole discretion. Variety Access encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

 

Terms and Conditions

General Terms and Conditions of Variety Access Pty Ltd:

1. Every order for plant material from Variety Access, or for a license to buy plant materials from any of Variety Access’s licensed Nurseries (in either event referred to as an Order or a Sale) is subject to these terms and conditions.

1.1. In the event of any contradiction between any verbal agreement and these terms and conditions, these terms and conditions will always prevail.

1.2. In the event of any contradiction between any written agreement and these terms and conditions, these terms and conditions of
the specific written agreement will always prevail.

2. It is specifically recorded, that unless stated otherwise in writing on the Order or Sale documentation, that the plant material ordered or hereby sold, is subject to Intellectual Property Rights, and specifically Plant Breeder’s Rights, whether registered or unregistered. In ordering or acquiring plant material from Variety Access or from a Variety Access licensed Nursery, the plant material is sold subject to the applicable Intellectual Property Rights.

3. Variety Access gives no express, implied or tacit guarantee of any kind regarding the quality or other characteristics of the plant material Ordered by or Sold to the Grower.

4. The plant material is sold “as is” and Variety Access will not be liable for any hidden or visible (latent or patent) defects or disease of the plant material, nor for any resultant damage, directly, indirectly, or consequential, which might be caused by, or result from, any defects or disease in the plant material.

5. In respect of certain plant material protected by either one or more of commercial contract, trademark or Intellectual Property law the Grower undertakes:

5.1. To
pay
all
premiums
and
royalties
in
respect
of
such
plant
material.

5.2. To establish all such plant material in orchards within the borders of Australia.

5.3. Not to produce, or allow or facilitate to be produced, further plants from such plant material.

5.4. Not to sell, donate or in any other way dispose of propagation material of such plant material.

6. Variety Access will also not be liable for any verbal or written representation made by any employee or
 other person or consultant acting on behalf of Variety Access with regard to the plant material, or any damage or loss of any kind suffered arising from the quantity, use or yield of the plant material, or any representation made in this regard.

7. Without prejudice to the conditions of clause 4 and 6, should there be any alleged defect or disease in respect of the plant material, the purchaser is required to submit a written complaint to Variety Access regarding any alleged defect or disease within 14 (fourteen) days after receipt or delivery of the plant material, or within 14 (fourteen) days of the first manifestations of the alleged defect or disease. Provided such a complaint has been submitted, and provided that the Grower makes the plant material available to Variety Access for the necessary investigations, Variety Access may, at its sole and unfettered discretion, substitute, or allow the substitution of the defective plant material, and then subject to the Grower’s license in respect of the said plant material and such further conditions as Variety Access may require.


8. Notwithstanding anything contained in this agreement, Variety Access’s liability in respect of any Order or Sale will never exceed the substitution of plant material.

9. Any quotation given by Variety Access or a licensed Nursery is not an offer by Variety Access to sell plant material to the Grower. Variety Access may recall such quotation at any given time before Variety Access has confirmed the order.

10. The delivery date and the quantity of plant material in respect of any Order or Sale of plant material is an estimate only. Variety Access will not be liable for delay in delivery, or change of the quantity of the Order or Sale.

11. Variety Access retains the right to make the necessary enquiries and investigations to establish the Grower’s creditworthiness at any time.

12. Unless and until credit terms have been agreed in writing, plant material will be supplied on a cash on delivery basis only.

13. The Grower is responsible for all transport costs, including any transport costs that might be incurred
 by Variety Access in respect of the delivery of plant material to the Grower or in respect of the delivery of any substituted plant material.

14. The Grower may under no circumstances withhold or set‐off any payment owed to Variety Access for any reason whatsoever.

15. Variety Access is entitled to amend plant material prices, royalties and levies, if applicable, on 30 days written notice, and specifically reserves the right to review the royalties at any time on shorter notice if there are strong exchange rate fluctuations.

16. Despite delivery and or payment in full of the goods or plant material, Variety Access will retain ownership of all Intellectual Property Rights in respect of the goods and plant material. Despite delivery, no license in respect of the Intellectual Property Rights in the plant material or which license would otherwise be established in terms of the Order or Sale, will be effective until the purchase price has been paid in full by the Grower to Variety Access.


17. The risk of damage, loss, or theft of goods transfers to the Grower at the time of dispatch of an
 Order or Sale, and the Grower must arrange the necessary insurance regarding the transportation and
 plantings of the plant material.

18. The Grower is responsible for examining the Order or Sale upon delivery and acceptance of the
 Order or Sale will be deemed to be confirmation that the Order or Sale was received in good condition and there were no shortages. The onus rests with the Grower to prove that any goods or plant material
 was not delivered as per the delivery documents.

19. Variety Access reserves the right to suspend delivery, should the
Grower be in breach of any of the terms and conditions of this agreement or the terms of any Order or Sale agreement to which these terms apply.

20. The undersigned, undertakes, in his/her personal capacity, and as a Shareholder, Member, Owner or Partner, as co‐principal debtor in solidum (jointly and individually):

20.1. for the payment of the full amount due and payable to Variety Access from time to time;

20.2. for the proper and prompt compliance by the Grower for all obligations against Variety Access in terms of this agreement.

21. Dispute Resolution Provisions:

21.1. The parties agree that any dispute arising out of or relating to any Order or Sale, these terms and conditions any interpretation, rectification, breach, termination or cancellation shall be resolved in accordance with the following tiered approach to dispute resolution:

21.1.1. The senior management of the parties shall attempt to resolve the dispute by means of good faith face to face negotiations at a time and a place to be agreed to;

21.1.2. Should this fail, the parties shall seek settlement of that dispute by mediation in accordance with the mediation procedures of Australian Arbitration Association, which Procedure is deemed to be incorporated by
 reference into this clause.

21.1.3. If the dispute is not settled by mediation within 30 days of the commencement of the mediation, which will be commenced by a written notice to that effect to the other party and to Australian Arbitration Association, the dispute shall be referred to and finally resolved by arbitration under the expedited rules of the Association of Arbitrators, which Rules are deemed to be incorporated by reference into this clause.

21.1.4. The mediation and the arbitration, if applicable, shall be held in Queensland.

21.1.5. While the parties will not commence any normal legal proceedings pending the procedures set out above, nothing herein contained shall be deemed to prevent or prohibit any party from applying to the appropriate court for urgent relief, pending the resolution of the matter in terms of the procedures set out above.

21.1.6. The provisions of this clause will continue to be binding on the parties notwithstanding any termination or cancellation of the agreement.

22. Force Majeure. If the performance of any part of this Agreement by either party, or of any obligation under this Agreement, is prevented, restricted, interfered with, or delayed by reason of any cause beyond the reasonable control of the party liable to perform, unless conclusive evidence to the contrary is provided, the party so affected shall, on giving written notice to the other party, be excused from such
 performance to the extent of such prevention, restriction, interference, or delay, provided that the affected party shall use its reasonable best efforts to avoid or remove such causes of non‐performance and shall continue performance with the utmost dispatch whenever such causes are removed. When such circumstances arise, the parties shall discuss what, if any, modification of the terms of this
 Agreement may be required to arrive to an equitable solution.

23. This agreement is subject to the laws of
Australia.


24. The Grower herewith subjects himself to the jurisdiction of the Magistrate’s Court with regard to any action or matter which may stem from this agreement or the cancellation thereof, with the proviso that Variety Access reserves the right to have any such action or matter adjudicated in the High Court.

25. Should Variety Access take any legal action at all against the Grower in terms of this agreement, be it with or without
cancellation of this contract, the Grower will also be liable to Variety Access for any legal costs incurred as between attorney and own client, including cost of recovery, as well as any costs incurred for tracking down the Grower.

26. The Grower chooses, as his domicilium citandi et executandi the addresses as given in the Order or Sale documents, failing which, the delivery address of any Plant Material.
27. The domicilium of either parties may be changed to another address within
Australia only written notice by such a party to the other party.

28. The Order and Sale documents, together with these terms and conditions, forms the complete agreement between the parties and no variation or cancellation of this contract is valid unless in writing and signed by both parties.

29. In the event that any one clause in this Agreement is found to be void and not enforceable it shall be severed from this Agreement and the rest of the Agreement shall continue to be of force and effect.

30. The signatory to any Order or Sale also warrants that he/she is specifically authorised to enter into this agreement.

31. Where foreign exchange transactions are involved with any Sale documents,
Variety Access will use the spot buying rate of the relevant foreign currency to determine the corresponding Rand value for the transaction.

32. Variety Access reserves the right to update these terms and conditions from time to time, and the onus will be on the Grower or any other party to familiarise themselves from time to time with these terms and conditions, and in any event, before placing any new orders for plant material from time to time.

LAST UPDATED: On the 20th day of November 2011
 
Variety Access Australia

Variety Access Australia
(Part of the BIOGOLD Group)
4 Kent St, Torbanlea, Queensland, Australia, 4662
Tel: +64 (0)7 41 294 147
Fax: +64 (0) 7 41 294 463