These Terms and Conditions (Terms) apply to your use of the S&W Seed Company Australia Pty Ltd (SWA, we, us, our) Website which can be found at https://www.swseedco.com.au/ (Website). Separate terms and conditions apply to the purchase of goods and services from us. By using the Website, you agree to be bound by these Terms, and if you do not agree to these Terms, then you must not use the Website.
Capitalised terms used in these Terms are defined in the ‘Interpretation’ section at the end of the Terms.
General information only
You acknowledge and agree that the information available through the Website is general in nature and is intended only to provide general information in respect of products and services offered by us. It is not intended to be used as, and must not be used as, scientific or professional advice.
The information contained in this website is set forth in various publications and based upon opinion, observation, and/or research unrelated in any way to us or our agents. No representation is made, herein, as to its accuracy or the method by which it was derived. This information may or may not be relevant for any particular product, and is provided for information purposes only. We make no conclusions or recommendations about other companies or products that use these ingredients. You must not rely on the information available through the Website and should instead obtain other advice appropriate to your circumstances.
The information available through the Website is subject to updates from time to time and, while we aim to ensure that it is up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy. Accordingly, we cannot and do not warrant or guarantee that the information you obtain through the Website is or will be current, complete or accurate at all times. You acknowledge and agree that you will make your own enquiries to determine whether the information you obtain through the Website is current, complete and accurate before using it.
Intellectual Property Rights
All copyright and other intellectual property rights in the Website (including in website content and all trade marks appearing on the Website) are owned by us and/or our licensors.
You may browse, download and print out a copy of the information available from the Website for personal or internal business use.
Any other use (including any commercial use), reproduction, modification, distribution, transmission, republication or posting of the Website content is strictly prohibited, unless you have first obtained our express written permission.
Performance of the Website
We do not warrant that our Website will be available, uninterrupted, secure or error free, or that our Website will be free of viruses or bugs or that any defects will be corrected. If you access our Website, you do so at your own risk and you are responsible for ensuring that your IT system is protected from the risk of any viruses, malicious computer code or other forms of interference.
We make no guarantee as to the reliability or other performance of the Website. The performance of the Website depends on various factors, including the functions, capacity and configuration of your Device, the speed of your internet connection, and the number of users accessing the Website and the systems that support it.
You must not use (or attempt to use) the Website:
(a) for any unlawful or dishonest activity, or any activity prohibited by these Terms;
(b) to obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service;
(c) in any way that may bring negative exposure or harm to us, our suppliers or other users of the Website; or
(d) in any way that may cause us, our suppliers or other users of the Website to incur liability to a third party.
We may ask you to cease any conduct which we believe is contrary to your obligations under these Terms, and you must immediately comply with any such request. We may immediately terminate and block your access to the Website or the services provided by the Website for any reason, in our discretion.
If you use the Website, the information that we may collect and store includes, without limitation:
(a) the type of operating system and/or other software or firmware used by your Device;
(b) the data you send and receive using the Website, and the type and quantity of that data;
(c) the dates on which and times at which you use the Website;
(d) the IP and MAC address of your Device; and
(e) any personal information that you submit via website forms such as your name, business name, phone, address, email address and date of birth.
You represent and warrant to us that the personal information you provide to us is complete and accurate.
Third party links
The Website may contain links to other websites over which we have no control. Those links are provided for your convenience only, and we are not responsible for their use, effect or content. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on those websites, nor do we endorse any information, opinions, goods or services referred to on them.
You acknowledge and agree that your access to, and use of, the Website is at your own risk. All content and services provided or made available through the Website, are made available to you on an ‘as is’ and ‘as available’ basis.
To the extent permitted by law, we exclude all rights, remedies, guarantees, liability, conditions and warranties and other terms that may be conferred or implied in respect of the use of our Website or reliance on any information contained on our website (except any guarantee or right conferred under any legislation (including the Australian Consumer Law), the exclusion of which would contravene legislation or cause part or all of this clause to be void).
To the extent that the Australian Consumer Law permits us to limit our liability, then our liability is limited to:
(a) in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired; and
(b) in the case of services, the cost of supplying the services again or the payment of the cost of having the services supplied again.
We will not be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of income or profits or loss of opportunity, whether in an action of contract, negligence, tort or in equity or otherwise arising in connection with the use or performance of our website.
We do not waive a right, power or remedy in connection with these Terms if we fails to exercise or delay in exercising the right, power or remedy.
These Terms are governed by the laws of South Australia. You submit to the non-exclusive jurisdiction of the courts of South Australia and the courts having appeal from them.
These Terms are current as at 25 February 2021. We may amend these Terms from time to time, without providing notice to you, by posting an updated version of the Terms on the Website. You should regularly check these Terms for any amendments. If you do not agree to the updated Terms, you must immediately cease using the Website.