Terms and Conditions
The Grain Producers Australia Training Systems, including the Grain Producers Australia website, training membership platform, individual Company Induction Platforms, and any facilities or services provided in connection with them (collectively System), is operated by Grain Producers Australia Training (ABN 92 161 030 128) (referred to below as we, us or our). The System provides general information, induction training, and other training to individuals (you or your) and companies operating in the agricultural industry (Companies). Use of the System is governed by these terms and conditions (Terms). By using the System you are deemed to have read and agreed to these Terms. If you do not agree to these Terms, you must cease accessing and using the System immediately.
- The System allows you to undertake Training which may satisfy the procedures required for you to deliver to, pick up from, work for, or provide other services to a Company.
- The System provides a general overview of a range of risks, hazards and Customer-specific requirements that may be encountered at an agricultural workplace or site (Site).
- When visiting a Site, you may encounter risks, hazards or requirements that are not contemplated by the System or the Training.
- You expressly acknowledge and agree that the System and Training may not be comprehensive and do not provide information on any and all risks, hazards or requirements that may be encountered at a Site.
Use of the System
- You are responsible for complying with these Terms.
- You may only use the System and information obtained from the System for lawful purposes, and must ensure that your use of the System does not breach any laws that apply to you.
- In using the System you must not directly or indirectly:
- engage in any conduct that is in our opinion illegal, fraudulent, defamatory, abusive, offensive, would infringe another person’s rights, or that we otherwise deem to be inappropriate or a misuse of the System;
- cause anything to occur that may disrupt the availability of the System or any other service, or engage in hacking or attempts to gain unauthorised access to any service, and you agree to immediately notify us if you become aware of any vulnerability in the System; or
- send commercial electronic messages or any other unsolicited communications of any kind to any person (or use information obtained from the System in order to do so).
- We do not warrant or represent that the System will be accessible by you or available at any particular time or at all.
- If you register for an account on the System:
- you are deemed to accept these Terms by submitting your registration;
- you warrant that all information you submit to us (Information) is correct, complete, up-to-date and not misleading or deceptive;
- you must immediately amend any Information that does not (or ceases to) comply with these Terms;
- you must reasonably safeguard your login Information and notify us immediately if you consider that it has been obtained or used by a third party; and
- you acknowledge and agree that you will be solely responsible for any activity, acts or omissions committed using your account unless and until you provide notification to us under clause 3.1(d).
- You warrant that the individual described in the Information submitted to us in connection with your account is the individual undergoing the Training.
- The System may store contact Information for use in an emergency situation. If you submit such Information, you expressly acknowledge that you have obtained the permission of any relevant individual to provide that Information to us.
- We may accept or refuse any application for an account on the System in our absolute discretion. We may suspend or terminate an account at any time and for any reason. If your account is terminated, you are prohibited from re-applying for an account unless we notify you otherwise in writing.
Evidence of Training
- The System will allow you to print a certificate of completion once you have successfully completed Training courses you have selected.
- You must not allow any other person to use your certificate.
- It is a breach of these Terms to permit any other individual to undertake any Training on your behalf, use your Information to access the System, or use your Certificate.
- You acknowledge and agree that we may provide your Information to a Company. Such Information may include (without limitation) your training status, your contact and emergency contact details (if provided), and full details of Training you have undertaken.
- If we determine that you have breached these Terms, we may (in our discretion):
- revoke or terminate your Certificate and/or your entitlement to use the Site;
- suspend your entitlement to use the Site; and/or
- notify any Company that has accepted your Certificate of the revocation, termination or suspension and the reason for it.
- Fees payable for Membership, Training or other services provided through the System are published on the System and form part of these Terms. If you acquire any services for which fees apply, you agree to pay those fees in accordance with our published payment terms.
- If we invoice you separately from the System, payment is due within 14 calendar days of the date of invoice.
- Our fees and payment terms may be revised from time to time and any such revision will take effect 7 days after the time of their publication on the System unless otherwise specified.
- No refunds will be available after 30 days, or after completion of a Course.
- If your account is suspended or terminated in accordance with these Terms, we reserve the right to not refund any fees you may have paid for use of the System.
- If you are in breach of any of the Terms, you acknowledge and agree that any refund policy we may have in place will not apply.
- While we endeavour to ensure that information provided in the System is accurate, complete, up-to-date and reliable, we do not warrant that this will be the case or that your access to the information will always be uninterrupted, timely or secure.
- We provide the System on an “as-is” basis, and without any warranty, representation condition or guarantee, express or implied, except to the extent that we are specifically required to provide such warranties, representations, conditions or guarantees under applicable law.
- The information contained in the System is general information only and does not constitute legal or other advice. You should not rely upon that information without obtaining specific advice tailored to your particular circumstances.
- We do not exclude or limit any provision of any statute (including the Competition and Consumer Act 2010 (Cth)) where to do so would contravene that statute or cause any part of these Terms to be void.
- Our liability to you for any breach of any implied condition, warranty or guarantee the exclusion of which would cause any part of these Terms to be void is limited to any one of (at our option) replacing, repairing or supplying equivalent goods, or supplying again the services, in respect of which the breach occurred (or payment of the costs of any of the foregoing activities).
- Except to the extent that clauses 26 and 27 apply, we will not be liable under any circumstances for, and you hereby release us in respect of, any and all loss or damage suffered by you (including but not limited to any consequential loss, direct or indirect loss of profit, loss of income, loss of production, loss of actual or potential business opportunity or loss of goodwill), howsoever arising, as a result of your use of the System (and including, but not limited to, in respect of our negligence, breach of contract, tortious conduct or breach of statutory duty).
- You expressly agree that use of the System and services provided by the System are at your own risk.
- We do not, and cannot, represent or warrant that the Training was actually undertaken by the individual credited or recorded as having undertaken the Training.
- You agree to indemnify us (and our directors, shareholders and related bodies corporate) for all loss, damage, penalties, fines, expenses, costs and other liability (including legal costs), and you agree to provide all cooperation we require to defend any claim associated with this indemnity, arising out of or in relation to:
- your use of the System;
- any information that you obtain from the System; and
- any breach by you of these Terms including any warranty given by you under these Terms,
- Unless specified otherwise, all copyright and other intellectual property rights in all content and materials on the System (including text, graphics, designs, layouts, trade marks, logos, animations, video and/or sound recordings) belong to or are licensed by us. Training modules may contain materials that belong to third parties, who have licensed them to us for use on the System.
- The copyright and other proprietary rights in such materials are protected by Australian and international intellectual property laws.
- We grant you permission to use these materials solely for the purpose of using the System as described in these Terms. You may also print parts of the System for your personal use, provided you retain all copyright and other proprietary notices on that material. Otherwise, no material from the System may be printed, copied, reproduced, distributed, modified, adapted, uploaded, displayed, transmitted, reused, re-posted, published, stored, commercialised, used to create derivative works or framed within another website without our prior written permission.
- Registration to the System indicates express permission for us to add you to any electronic communications and mailing lists managed by us.
- We may amend these Terms at any time by publishing a revised version of these Terms on the System. You agree that any such revised Terms will apply from 7 days after the time of their publication on the System and your continued use of the System after such amendment of these Terms constitutes acceptance of them.
- These Terms will be governed in all respects by the laws of South Australia, Australia. You and we submit to the exclusive jurisdiction of the courts of South Australia, Australia and any courts of appeal from them.
- If any provision of these Terms is held to be invalid or unenforceable, that provision will be excluded and the remainder of these Terms will continue to apply.
- You may not assign or transfer any rights or obligations under these Terms to any third party. We may assign or transfer any rights or obligations under these Terms to any third party in our absolute discretion.
- Any failure by us to take action regarding any actual or suspected breach of these Terms does not constitute a waiver of our right to do so or your obligations.
- These Terms set out the entire agreement between us and you regarding the subject matter of these Terms.
- These Terms will continue to apply irrespective of any suspension or termination of your account on the System or any cessation of use by you of the System.