By entering our Website and/or using Our Activities, Our Information and Resources, you are deemed to have read and expressly agreed to our terms of Agreement.  Your access to and use of Our Website, Our Activities, Our Information and Resources, is provided subject to the terms of this Agreement.

 

(1)          General

 

1.1          In this Agreement, except where expressly provided, the terms:

(a)          “Agreement” means these Terms and Conditions, our Policy and Confidentiality Statement and our Disclaimer Notice as may be amended from time to time;

(b)          “We”, “Us” and “Our” refer and apply to the Agribusiness Development Institute Pty Ltd; its directors, agents or employees and its affiliates;

(c)           “You” and “Your” refer and apply to our agri-business clients, their directors, agents and employees;

(d)          “Our Activities” includes but is not limited to individual and joint presentations and standalone workshops, seminars, events, industry tours, and field days;

(e)          “Our Programs” includes but is not limited to business development and training programs, industry tours and consulting and mentoring activities which are generally  but not exclusively longer than 1-2 days and operate on a continuing basis;

(f)           “Our Information and Resources” includes but is not limited to our books, webinars, reports, audio programs and video/ DVD programs, whether delivered in electronic, verbal or hard copy format; via accessing, browsing or downloading from the Website; whether delivered by email, teleconference, video conference or any other endeavour that we are engaged in that delivers our information whatsoever in any format, including information delivered during Our Activities;

(g)          “Our Websites” include, but are not limited to abdi.com.au.

 

1.2          Your access to and use of Our Website, Our Activities, Our Programs, Our Information and Resources, is provided subject to the terms of this Agreement.  We reserve the right to suspend, revoke or limit your access to Our Website, Our Activities, Our Programs, Our Information and Resources, should you not adhere to the terms of this Agreement.

 

1.3          This Agreement applies to Our Website, Our Activities, Our Programs, Our Information and Resources, regardless of the method of delivery, but suitably amended to the context required.

 

1.4          You are prohibited from accessing Our Website, Activities, Information and Resources if you are under 18 (eighteen) years of age.

 

(2)     Conditions Pertaining to Our Information and Our Website, Activities, Programs, Information and Resources

 

2.1          Notification of Changes

We reserve the right to change or amend this Agreement, Our Website, Our Activities, Our Programs, Our Information and Resources, as we see fit at any time and we are in no way obliged to notify you of the same occurring.  You accept responsibility to check this Agreement, Our Website, Our Activities, Our Programs, Our Information and Resources, and Your continued use of Our Website, Our Activities, Our Programs, Our Information and Resources, will signify your acceptance of any changes made.

 

2.2          Use of Our Website, Activities, Programs, Information and Resources

(a)          Subject to our intellectual property rights, and the terms of this Agreement, by visiting Our Website, accessing Our Information and Resources, or attending Our Activities or Programs, we grant you a limited, non-exclusive and non-transferable license to access and use Our Information and Resources.  Except where expressly agreed by us, that license is limited to one person being granted access from your business or organisation for the purposes of earning income and / or your business use ,only while a member of Our Activities or Programs.

(b)          Except without our prior written consent, or as otherwise expressly provided herein, you are not permitted to:

(i)            Delete, change or alter our information; or

(ii)           Copy, reproduce, display, distribute, sell, or create derivate works from our information or website, except as permitted by the Copyright Act 1968 (Cth); or

(iii)          Use data mining, robots, or other data gathering and extraction tools; or

(iv)         Use any meta-tags or other “hidden text utilising our names, trademarks or other copywrited material”.

 

(c)           You agree to use Our Website, Activities, Programs, Information and Resources for lawful purposes only and that you shall not post or transmit through the Our Website any information or material which violates or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise objectionable.

 

2.3          Hyper-links to and from Our Website

 

(a)          You may not create a link to any page of Our Website without our prior written consent.  If you do create a link to a page of Our Website you do so at your own risk and the exclusions and limitations set out in this Agreement will apply to your use of this website by linking to it.

(b)          For your convenience, Our Website may from time to time include hyperlinks to other websites (“third party websites”).  Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

(c)           We do not monitor or review the content of third party’s websites which link to or from this website.  We are therefore not responsible for the privacy practices, or content, of these sites or opinions expressed or material contained therein.

(d)          Use of links to and from our website are done so at your own risk.  We accept no responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your use of such websites.

 

2.4         Copyright and Intellectual Property

 

(a)          Except as otherwise expressly provided for, we reserve all intellectual property rights to materials, graphics, images, layouts and text contained on this website, including but not limited to our newsletters, forums, library, videos, MP3 files, and teleconference recordings. Except in accordance with this agreement, you are expressly prohibited from use of such material without our express written consent.

(b)          Our Website, Information and Resources may incorporate and apply information and techniques to your circumstances, which use the intellectual property of a third party.  We have obtained all necessary permissions, authorisations, licenses and consents in relation to the use and incorporation of third party materials in our web site and our material.  Rights to the use of any such third party material by Us is subject to that third party’s own license terms and conditions of use.

 

(3) Purchase of Goods and Services

3.1                          General

(a)          We offer goods and services for sale to you, either online or through our various information delivery methods (jointly “Methods of Sale”).  Goods and information services which may be offered include, but are not limited to:

  1. DVD’s, video and audio recordings, manuals and workbooks;
  2. Seminars and personal workshops (“events”) including presentations;

iii.            Reports, market research, mentoring, consultancy and specific advisory support.

(b)          All goods and services are offered for sale on the following terms:

  1. Payments are only accepted through the eWAY Payment Gateway; or by credit card payments or unless otherwise expressly agreed;
  2. Regular payments are made monthly and in advance either via the credit or debit card details provided at the time of registration for an activity or event, or via direct debit from a nominated bank or financial institution account also provided by you at the time of registration;

iii.            All prices are stated and processed in Australian Dollars;

  1. Product prices are inclusive of shipping or handling anywhere in the world;
  2. Payment of any import taxes at the destination country are the sole responsibility of the purchaser;
  3. All online transactions are encrypted by a 128bit SSL certificate;

vii.          Orders are dispatched by Australia Post or Courier.  Orders can expect to be received within 14 working days or longer if outside Australia.  In the event that a product is out of stock, you will be contacted within 3 working days.

(c)           It is your sole responsibility to ensure that the goods are suitable for any special purpose for which you are buying them, and we do not make any guarantee that the goods are fit for any special purpose, other than that which they would normally be used for and which is expressly stated in the goods listing page.

(d)          The provisions of this document apply equally and without limitation to all methods of sale.

 

3.2          Damaged/Faulty Goods, Refunds and Replacements

 

3.2.1       Refund and Replacement of Goods

 

(A) 31 Day Money Back Guarantee

 

(a)          In this section,

 

“purchase price” means: the price you originally paid for goods, but does not include any postage/shipping and insurance costs paid by you for the delivery/return of the goods.

 

“replacement goods” means: the current equivalent of goods supplied.

 

(a)          Provided that you meet all the conditions set out below, you have 31 days from the date payment to contact us and request a full refund/replacement of the purchase price of the goods.

(b)          Provided that the conditions set out below are met, our 31-day money back guarantee applies to instances where you change your mind about your purchase:

(c)           For undamaged goods, to obtain a full refund/replacement of the purchase price:

(i)            Goods must be returned to us in original undamaged and resalable condition;

(ii)           All original packaging must be returned to us;

(iii)          You must contact us by email within the specified timeframe and request a refund.  You must specify the details of the bank or PayPal account you nominate for the refund to be deposited into.

(d)          Whether or not the goods are in original undamaged and resalable condition will be determined by us.  In the event that we consider that the goods are not in such state of repair, we are not liable to refund the purchase price of the goods. In such event, you are responsible for paying the return shipment/postage cost for the item to be returned to you.  Where the above conditions are met to our satisfaction, we will refund/replace the purchase price of the goods within 7 working days by direct debit to an account nominated by you.  We will notify you of the deposit within 24 hours of the same occurring.

 

(B)      Damaged and Faulty Goods

 

(i)            We have no obligation to and are not liable to refund or replace goods that are damaged after they leave our warehouse.  However, in the event you suitably notify us, we may, at our sole discretion replace the damaged goods with a similar item or provide a full refund of the purchase price of the goods.  In the event that we exercise our discretion, you expressly acknowledge that you are solely responsible for paying any shipping/postage costs incurred and that we are not liable to refund the original postage/shipment cost.

(ii)           You undertake and are responsible for checking the condition of goods on delivery and if goods are damaged on arrival, you must notify us within 24 hours of delivery.  Subject to the Australian Consumer Law, you expressly acknowledge that if you fail to notify us within that timeframe, you may forfeit your rights to remedy and there shall be no recourse against us for any loss or damage.

(e)          With regard to faulty goods, your purchase may be protected under the Australian Consumer Law.  In the case of faulty goods, please contact us by email and discuss the problem with Us and we will seek to resolve the matter as quickly as possible.

(f)           Nothing in this agreement is to be construed as limiting or omitting any of rights or remedies that may be available to you under the Australian Consumer Law.

 

3.3          Refund of Events, Seminars and Programs

 

3.3.1      Refund for Events and Seminars

 

(a)          Except as provided in accordance with this agreement, we offer a 100% Money Back No Risk Guarantee (“our full guarantee”) on most of our Events.  Whether or not our guarantee applies to a specific event will be disclosed in the event brochure.

(b)          In cases where our guarantee applies, unless specified otherwise, in order to claim your refund, you must approach an Event Manager and request a refund:

  1. In the case of one day events – AT ONE OF THE BREAKS BEFORE YOU LEAVE THE EVENT;
  2. In the case of longer than one day events – AT ONE OF THE BREAKS BEFORE THE END OF THE FIRST DAY OF THE EVENT.

 

3.3.2      Refund for our Programs

 

(a)          We offer a limited guarantee on our Programs.  Provided that you notify us of your intention to terminate before the expiry of your first month of subscription to our program, our limited guarantee entitles you to claim a full refund not exceeding the amount paid for the first month for your subscription.

(b)          Our refund policy for Programs recognises that the establishment costs of Your participation in such Programs are significant and reflected in the deposits for such Programs.

 

3.3.3      Limitations

 

(a)          Our full and limited guarantees do not apply in the following circumstances:

  1. In the case of Events where our full guarantee applies, refunds cannot be claimed once you have left the event; OR
  2. If you fail to attend the event, and in which case you will forfeit all and any monies paid to us except where you notify us of your inability to attend at least 24 hours beforehand.

iii.            In the case of our Programs, after the expiry of the first month of your subscription.

 

(e)          Despite the above provisions, we may, at our sole discretion, agree to refund or transfer monies paid by you to a future event or program hosted by us.

(g)          Nothing in this agreement is to be construed as limiting or omitting any of rights or remedies that may be available to you under the Australian Consumer Law.

 

(4) Warranties and Guarantees

 

(a)          We do not warrant or guarantee that our website, information or advice will result in remedying or advancing your financial or business position and to the full extent permitted by law, our liability for breach of an implied warranty or condition will not be greater than the amount you paid to access our website or program in which you are participating.

(b)          Goods sold by us may or may not be covered by a manufacturer warranty.  In the event that goods are so covered, the details of such warranty will be expressly stated on the product.

(c)           You should retain your invoice to claim a manufacturer’s warranty.

(d)          All claims made to us arising from manufacturer faults, or on the basis of guarantee or warranty relate solely to the purchase price of the item only.  There shall be no recourse against us for recovery of any postage or handling charges by you whatsoever.

 

(5)  Privacy and Confidentiality Policy

 

When you register with us via our Website, or during attendance at Our Activities or Our Programs, or when accessing use Our Information and Resources, we collect personal information about you and add you to our database and mailing list.  We use your information for contacting you about specials, new products or events and sending you useful information about business development, agribusiness development programs, marketing and other relevant professional development activities.  Information we collect about you / your business is governed by our Privacy and Confidentiality Policy:

 

5.1          Collection, Use and Storage of Personal Information

 

(a)          We are committed to protecting your privacy at all times.  Any Personal Information we collect from and hold about you [whether by electronic means or otherwise] will be treated as confidential and used in accordance with these Terms and Conditions including our Privacy and Confidentiality Policy.  By providing us with the requested information you agree that collection of such information is reasonably necessary for us to collect such information.

(b)          In this section “Personal Information” includes but is not limited to your name, date of birth, age, contact details, names and ages of your personnel, bank and credit card details.  We also collect your business details, which includes type of enterprise details such as landholdings, property details (size, market details, income, business plan details) in order to tailor Our Activities to your needs where appropriate.

(c)           We collect your Personal Information when you sign up or become a Member on our Website or access audio, video or teleconference services as may be offered from time to time, fill in a Contact form or complete a client profile questionnaire, evaluations and workbooks.  We also collect your Personal Information when you attend individual or joint presentations, or our workshops, seminars, events, industry tours, field days and training programs. We also collect information when you visit Our social media pages, place an order with us or enter our competitions.  We store information that is collected either electronically or in hard copy in our customer database and via cookies and logfiles.

(d)          We will use Personal Information you provide to us for identification and verification, ordering, billing, and for our exclusive offers and marketing promotions.  We also request Personal Information (including your business information), information about your visions, goals, motivations and mindset to create a client profile in order to establish and implement strategies to help you realise your goals.  We may request further information during the course of Our relationship with you in order for us to assist you better meet your goals.

(e)          You are not obligated to provide any Personal Information to us; however, failure to provide Personal Information to us may result in us being unable to help create strategies for you to move towards your goals, and may prevent or delay us fulfilling an order or request for information, service or support.  We will further be unable to send out exclusive offers and promotional material.

(f)           We may collect your non-personal information for tracking information, statistics, and marketing and research purposes.  This information will allow us to review activities and improve our services.

(g)          Except as provided for in this Policy, we will never sell, barter, share, or rent your Personal Information to any third party without your express written consent.  We may provide your information to our third parties only in accordance with this policy.

 

5.2          Use of Confidential Information

 

(a)          We may use or share your Personal Information in the following instances:

(i)                 When you consent or direct us to share your information, such as for the purpose of engaging in forum discussions or similar; or

(ii)                Where we partner with third party service providers and intermediaries and disclosure of your Personal Information to the third party is necessary for the third party to fulfil the request or order, or to provide us with administrative assistance, but only to the extent necessary; and

(iii)               To investigate and prevent any fraudulent activity that may be unlawful or potentially harmful to Our integrity; and

(iv)              To improve our services, products and enhance our customers’ overall experience; and

(v)               Among our associated companies, associates, sponsors, subsidiaries, affiliates, JV partners, and third party service providers located either in Australia or abroad.

(vi)             Where We go through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, your Personal Information will, in most instances, be part of the assets transferred; and

(vii)        Where we or our legal representatives consider disclosure is required or authorised by or under law or is necessary to comply with a current judicial proceeding, a court order or legal process served on Us, Our associates or subsidiaries.

 

5.3          Encryption, Cookies and Log Files

 

(a)          Encryption – Secure Sockets Layer (SSL Technology) – We use Secure Sockets Layer (SSL) technology to protect your Personal Information.  SSL technology enables encryption (scrambling) of sensitive information, including passwords and credit card numbers, during your online transactions.  All of the forms on our website are secured with SSL technology.

(b)          While SSL encryption is used to protect sensitive information online, we also do everything in our power to protect your information offline.  Only Our employees or agents who need the information to perform a specific job are granted access to your Personal Information.  All Our employees and agents are kept up-to-date on our security and privacy practices.

(c)           Cookies – We use both session ID cookies and persistent cookies.  For the session ID cookie, once you close the browser, the cookie terminates.  A persistent cookie is a small text file stored on your hard drive for an extended period of time.  Persistent cookies can be removed by following Internet browser help file directions.

(d)          Log Files – Like most standard website servers We use log files.  This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyse trends, administer the site, and gather broad demographic information for aggregate use.  IP addresses, etc. are not linked to Personal Information.

 

5.4          Retention, Access to Personal Information and Complaints

 

(a)          You have the right to request to see and obtain copies of your Personal Information, provided that you give us reasonable notice of such request and the access does not have an unreasonable impact upon the privacy of other individuals or non-disclosure is otherwise permitted or required by law.

(b)          Subject to clause 5.4 (a), We will give you access to your Personal Information within a reasonable time after your request and in the manner requested by you, provided that it is reasonable and practicable to do so.  We reserve the right to charge for any expenses incurred in the delivery of the same.

(c)           In the event your Personal Information is inaccurate, incomplete or requires updating, you agree to notify us of the same.

(d)          You may at anytime indicate to us that you no longer wish to receive email or other correspondence from us.  However, in future if you attend our workshop or events or programs, or purchase from us, you will automatically be added to our mailing list and database.  You may opt out from correspondence by using the contact details provided in clause 5 (a) or following the link provided in correspondence you receive from us.

(e)          We will destroy Personal Information held by us upon request or otherwise at the time it is no longer needed by Us for the disclosed purposes or as is otherwise required or permitted to be retained by law.

(f)           You may request a copy of these Terms and Conditions and Privacy Policy and call us to discuss what kind of Personal Information we hold about you, for what purpose, how we collect, hold, use and disclose your Personal Information.  These Terms and Conditions and Privacy Policy are downloadable free of charge from our website www.abdi.com.au or you may contact Us to arrange an alternative method of delivery.

(g)          You may contact Us using our contact details specified in clause 7 if you have any complaints about how we have collected, handled or used your Personal Information. If we are unable to resolve your compliant, you may contact the Office of the Australian Information Commissioner, details of which can be found at www.oaic.gov.au.

 

(6)   Disclaimer and Indemnity

 

(a)          You agree to exercise your own care and skill when accessing and using our website and information.  You hereby assume all risks relating to the use of our website and our information, risks associated with use and postage/shipping of goods and services purchased through this website.

(b)          We assume no liability whatsoever for any loss or damage that may result from shipping/transport of goods, or as a result of lost or theft of such goods after it leaves our office and is in possession of the shipment/postage provider.

(c)           The information on our website and in our information is provided on an “as is” basis.  This means that, to the maximum extent permitted by law, we hereby:

  1. Exclude all representations and warranties relating to this website and its contents, or which is, or may be, provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website; and
  2. Exclude all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of business or you have advised us of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

(d)          You acknowledge that we do not directly or indirectly practice law, financial management/planning, accounting or counselling and that the information contained on our website and in our information is for your general reference only.  It must not be considered as amounting to, or replacing your need to seek, specialised advice in those areas.

(e)          You expressly acknowledge, agree and undertake that by utilising any of our information, you will exercise your own due diligence and seek suitable professional and/or specialist advice appropriate to your business circumstances.  We give no warranty and accept no liability whatsoever should you use our website and information without obtaining such advice.

(f)           You expressly acknowledge that we do not guarantee that using our website and information or that following our Activities or Programs will result in remedying or advancing your financial or business position.  You hereby adopt all liability and risk for business decisions made as a result of using our website and information.

(g)          You acknowledge all business activities carry an inherent risk of failure and that you are accepting the risk of not making any money or not making as much money as any examples or estimates we provide you.  You further expressly agree that any money or capital you invest in applying skills learnt through us is done so at your own risk and you acknowledge, that to the extent permitted by law, any condition or warranty, which would otherwise be implied into these terms and conditions, is excluded.

(h)          You further acknowledge and agree that where you utilise our CEO Mentoring Program and Process or similar continuing programs (jointly “our program”), it is your sole responsibility to participate in our activities, including but not limited to, our workshops, group development sessions, online forums, monthly reviews and telecommunications.

(i)            While we will make every effort to encourage your participation in our program, you accept all liability and risk arising from your neglect or omission to participate in activities and you expressly acknowledge that the likelihood of achieving your goals is reduced should you neglect or omit to adequately participate in our programs and/or meet milestones and deadlines.

(j)           You agree and undertake that when participating in our program you will conduct yourself in a manner that recognises legally and morally acceptable standards.  You acknowledge that we are not responsible for the conduct and comments of participants in our programs.  We do not warrant or guarantee that the conduct or comments of program participants will amount to socially acceptable behaviour or the security of any such information disclosed by you in those sessions.

(k)          You agree that you are solely accountable and liable for any sanction, loss or cost arising as a result of using our website or information in an illegal, immoral or deceptive manner.

(l)            Any testimonials or endorsements contained in our site are provided as examples only and are not to be construed as representing or guaranteeing that you will obtain the same results.

(m)         In consideration for accessing our site and using our information, you hereby release, discharge and covenant not to sue us, our directors, employees and agents for any liability or loss including legal fees, and damage to person and property caused or alleged to be caused either directly or indirectly arising from or in connection with your use of our website, through goods or services purchased from us, or through your participation in our Programs and / or Activities.

 

(7)   Communication

 

(a)          You may contact us via Us by:

(i)            Using the form on the Contact Us page, or

(ii)           Email Us at info@abdi.com.au, or

 

(c)          You may also contact US by post at PO Box 7642, Toowoomba South Qld Australia or call us on 07 4615 2255 / 0408 063 229 from within Australia, or + 61 7 4615 2255 / + 61 408 063 229 if calling internationally.

 

(d)          Where correspondence is received by email, We will endeavour to respond to your query within 24 hours during business hours, Monday to Friday 9am to 5pm AEST time.

 

(8)  Force Majeure

 

(a)          Neither party will be held responsible for losses caused by failure to meet any term of this Agreement where the failure is caused by factors beyond its control, such as, but not limited to, fire, flood, earthquake, storm, hurricane or other natural disaster, war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of internet, electricity or telephone services.

 

(9)    Validity and Jurisdiction

 

(a)          If any of the terms of this Agreement are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be limited, narrowed, construed or altered as necessary to render it valid.  If severance is deemed necessary, the invalid provision will be the one severed from these terms and the remaining terms will continue to in full force and effect.

(b)          This Agreement is governed by and construed in accordance with the Laws of Australia.  Any claim made shall be heard in Queensland, Australia and you agree to submit to the jurisdiction of those Courts on either a Federal or State level.