PlantMiner Terms and Conditions
Terms and Conditions of Use
If you intend to transact through this website (i.e. for the supply of any goods and/or services by any third party vendor) then you warrant that you are at least 18 years of age, that you have the power to enter into any agreement with such third party vendor and you acknowledge that such agreement creates binding and valid legal obligations upon you.
If you do not agree with, or do not wish to accept the Terms and Conditions relating to this website, then please do not use this website. You are also advised that failure to accept our Terms and Conditions may result in your inability to access certain sections of this website.
Use of this Website
In accessing or using this Website you agree that you will not:
- use any automated device, software, process or means to access, retrieve, scrape, or index this website, or any content on this website;
- use any device, software, process or means to interfere or attempt to interfere with the proper working on this website;
- undertake any action that will impose a burden or make excessive traffic demands on PM’s infrastructure that it deems, in its sole discretion, to be unreasonable or disproportionate site usage;
- use any content on, or index this website for purposes of constructing or populating a searchable database of properties or competing with PM in any manner or for the purposes of creating any derivative work, without first obtaining written permission from PM to do so;
- transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
- use this website, or any content from this website, in any manner which is, in PM’s sole discretion, not reasonable and/or not for the purpose which it is made available;
- violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
- pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
- act in violation of any term or condition posed by PM, or any applicable law;
- reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit this website, or any content on this website, except as expressly authorised by PM; or
- transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature;
- compromise the security or integrity of any network or system including any part of PM’s network
PM reserves the right to exercise whatever means it deems necessary to prevent unauthorised access to or use of this website, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.
Copyright and Trademarks
The contents of this website, and subject matter on and accessible from this website and publications, are at all times the copyright or trademark property of either PM, its third party vendors or linked third parties and, apart from fair dealing permitted by the Copyright Act 1968, PM grants visitors to the site permission to download copyright material only for private and non-commercial purposes. You may not distribute, reproduce, display, publish any trademark or other content of this website for any purpose whatsoever without the prior written approval of PM, its third party vendors or linked third parties (each as applicable). Furthermore you agree to indemnify PM against any claims, costs, damages or losses incurred thereby should you fail to comply with clause.
PM grants to you a worldwide non-exclusive royalty-free revocable licence to:
- view this website and the material on this website on a computer or mobile device via a web browser;
- copy and store this website and the material on this website in your web browser cache memory; and
- print pages from this website for your own personal and non-commercial use.
For reproduction or use of PM’s copyright material beyond such use, written permission must be obtained directly from PM or the relevant copyright owner. If given, permission will be subject to the requirement that the copyright owner's name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part.
PM does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.
The automated and/or systematic collection of data from this website is prohibited.
PM publishes or makes available on this website information, advertisements, product and service offers, equipment data, valuations and links supplied by PM and third parties. PM does not and cannot provide any warranty in relation to any goods or services advertised for sale or hire on this website by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended, safe for the purpose intended, as described by the seller or owned by the seller.
This website is provided “as is” without any representations or warranties, express or implied unless such warranties are legally incapable of exclusion.
Without prejudice to the generality of the foregoing paragraph, PM does not warrant that:
- this website will be constantly available, or available at all, or free of fault; or
- the information on this website is complete, true, accurate, current or non-misleading.
It is your responsibility to make enquiries with PM to ensure that any material or information on which you seek to rely is accurate and current. Nothing on this website constitutes, or is meant to constitute, advice of any kind. You acknowledge that there has been no reliance by you on PM’s skill, judgment or any representation by PM whatsoever in deciding whether this website is fit for any particular purpose. If you require advice in relation to any legal or financial matter you should consult an appropriate professional.
Limitations of liability
PM, its subsidiaries, affiliates, officers, employees, agents, partners and licensors will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website (including without limitation arising from the use of this website, any inability to access this website or any part of it or a linked website):
- to the extent that this website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if PM has been expressly advised of the potential loss.
Where such liability cannot be excluded, PM’s liability to you is strictly limited, at PM’s discretion, to the supplying of the relevant service again or the payment of the cost of having the relevant service supplied again.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
Consent and Website Content provided by Users
You hereby grant PM, and its service providers, a worldwide, royalty free, irrevocable licence to use, reproduce, distribute, transmit, perform, display (publicly or otherwise), adapt, sublicence, make derivative works of, and otherwise commercialize and exploit, details or information about you or that is posted or uploaded by you onto this website (“Website Content”), including but not limited to your:
- contact information;
- use of this website; and
- information or photographs you have provided PM to be uploaded or entered into this website.
You hereby consent to allow PM, and its service providers, to send you promotional material from time to time.
You warrant that any Website Content provided by You does not and shall not infringe upon or misappropriate any rights, including, without limitation, intellectual property rights, of any third parties or PM and its service providers; and that such Website Content is free of worms, viruses, Trojan Horses and other disabling code.
You agree to indemnify PM, and its service providers, against any liability which may be incurred to a third party whatsoever, howsoever and to whosoever arising out of any breach of your warranties and out of the use of this website.
Advertisers and Linked Sites
The display on this website of any goods or services advertise by any third party vendor, or the provision of a link to external websites that are maintained or hosted by third parties (over which PM has no control and are in no manner responsible) does not constitute PM’s endorsement or recommendation of either the third party vendor or third party provider, or any of their content or business practices. As PM does not have any control of the content of any third party vendors or third party websites, access to such is at your sole risk and PM recommends that you thoroughly review the terms and conditions of use and the privacy policies of any third party vendor or third party website immediately before you contract with such third party vend or access such website.
PM shall accept no liability in regards to.
PM, and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you:
- in regards to any dealings, promotions or activities between yourself and third party vendors or third party providers; or
- through relying on anything contained on, or omitted from, such third party advertisements or third party websites.
Goods and Services Supply By Third Party Vendors
This website contains content (such as specifications and information) provided to PM by other parties ("Third Party Content"). PM does not have a practice of monitoring or making inquiries about Third Party Content, and Third Party Content provided on this website is done so in good faith, based on PM’s knowledge, experience, or information provided to PM by third party vendors, or derived from sources believed to be accurate at the time the information is received by PM. However:
- it is recommended if you have any concerns as to the suitability of goods or services provided by third party vendors through this website in respect of the use thereof or their suitability for a particular use that you contact PM, or seek external professional opinion.PM is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Content; and
- whilst PM makes all effort to ensure the availability of third party vendor's goods and services, the display on thereof on this website does not guarantee their availability and all orders placed through this website shall be subject to confirmation of acceptance by the applicable third party vendor. Orders for goods and services shall be subject to confirmation of suitable timeframes between you and the applicable third party vendor for supply of the goods and services; and
- such Third Party Content does not represent the views of PM and PM does not act as any persons agent or broker; arrange any contract between you and any person or; provide any warranty in relation to any persons goods or services.
You rely on Third Party Content completely at your own risk and PM will not be responsible for the terms of any transaction between you and any third party vendor, any goods or services supplied to you by any third party vendor, or resolving any dispute between you and any third party vendor.
PM is committed to protecting your Privacy in accordance with Australian Principles. PM also recognises that when you choose to provide PM information about yourself that you trust PM to act responsibly and in your best interests, therefore PM has the following policies in place to protect your personal information.
Storing Your Information
When you use this website PM may collect personal information supplied by you in order to facilitate the use of this website. Such information will enable PM to analyse this website services and enable PM to provide a higher level of customer service (which may include informative or promotional activities).
PM may also collect the following information/tracking data for statistical purposes and to help PM understand how to make this website more available and user friendly for you and to measure the success of any advertising activities PM may under take:
- your IP address.
- the date and time of your visits to this website.
- your clicks and activity on this website.
- the referring site, if any, through which you clicked through to this website.
- technical information on your browser, device and operating systems.
PM will only release information about you as authorised by yourself, required by law or where required in order for us to provide this website to yourself (e.g. to third party vendors, etc.). Where supplied to such third parties the information provided will only be sufficient for the third party to perform their services and may not be used by them for any other purpose.
PM will not release your information for any purpose which you could reasonably expect PM not to release the information.
Except as detailed above, PM does not share, give, sell, rent, or lease information to third parties and your personal information will only be disclosed to those employees within PM’s organisation who have a need to know in order to ensure you are provided with information about PM’s products and/or services or to request goods and services through this website.
Under the Privacy Act legislation you can ask to see any information PM may hold about you and you also have the right to have any inaccuracies in the same corrected by PM. PM will comply with any such requests to the extent required by the Privacy Act legislation within fourteen (14) days of the receipt of your request.
This website uses a technology called cookies (a small element of data that this website may send to your computer) that may be used to provide you with specific information for the purpose of PM tracking site usage and traffic. These cookies do not read your hard drive but may be stored on your hard drive to enable this website to recognise you when you return to the same.
If at any time you are on a mailing list of PM then you may request to be removed from the same by email at firstname.lastname@example.org and PM will comply with your request.
Changes to Terms and Conditions
These terms and conditions may be changed at any time by PM without notice to you. By continuing to use this website it is deemed that you agree to be bound by the amended terms and conditions. It is your responsibility to check these terms and conditions each time you access this website.
Due to the inherent nature of websites, PM cannot guarantee uninterrupted or continuous availability of this website and you accept that the website may also be unavailable from time to time for maintenance or scheduled upgrades. Where able, PM shall give you advanced warning of the same. PM shall accept no liability in relation to website downtime whether scheduled or otherwise.
Termination of Use
These terms and your access to this website may be terminated by PM (at its sole discretion) at any time without notice or any requirement to give you a reason why. In the event of termination under this clause, PM shall have no liability to you whatsoever (including for any consequential or direct loss you may suffer).
This website (excluding any linked third party sites) is controlled by PM from our principal business premises in Australia. It can be accessed from countries around the world to the extent permitted by this website. As each country has laws that may differ from Australia, by accessing this website, you agree that the laws and statutes of Australia shall apply to any dealings, actions or claims arising out of, or in relation to, this agreement, or your use of this website, irrespective of any conflict with any laws and statutes applicable to your country of domicile.
You further acknowledge and agree that the filing of a claim against PM (if any) must be made in Queensland, the state in which PM’s principal business premises in Australia is domiciled, and that any legal proceedings will be conducted in English.
We make no representation that goods or services offered by third party vendors through this website are appropriate, available or suitable for use in countries outside of Australia, and accessing any material or content from, or through, this website which is illegal in your country of domicile is strictly prohibited.