GRO Rural Terms of Use
1. Use of Site
Use of and access to the Gro Rural website and any of its contents or liking or following any of our social media accounts or pages constitutes your acceptance of these Terms and Conditions (“Terms”) and our Privacy Policy.
Other definitions used in these Terms are as follows:
“ACL” means the Australian Consumer Law, as contained in Schedule 2 of the Competition and Consumer Act (Cth) 2010.
“Services” means the service of providing the Gro Rural directory via the Website for businesses to publicly list their details.
“Terms” refers to these Terms and Conditions.
“Users” refers to persons who upload or publish information to the directory in the website
“Visitors” refers to persons who visit the website and who rely on the directory content and information contained in the website.
“We” or “us” or refers to GRO Rural Pty Ltd ABN 67 673 235 633.
“Website” means www.grorural.com.au
2. Use of the Website
(a). You are responsible for managing your listing on the Website, including edits, changes, management of the listing, the extent and nature of information shared and its visibility.
(b). We provide the information displayed on the website as posted by third parties in the directory.
(c). We will not be held liable for any losses, damage or other harm arising from inaccurate or deficient information on the Website by any person.
(d). We make no representations about the suitability of any goods or services posted, advertised or provided by any party via the Website and you agree that your engagement with and / or retainer of any services offered by any party listed is at your own risk.
(e). We reserve the right to delete an account or remove any offensive, disparaging or misleading content posted on the Website by any person in our absolute discretion.
(f). We do not warrant the accuracy, completeness or adequacy of the information in any listing on the Website.
3. Contact between us
(a). Our usual working hours are from 9am to 5pm Monday to Friday.
(b). You can contact Dimity Smith (Managing Director) via phone on 0402 373 215 or via hello@grorural.com.au.
4. Listings & Cancellation
(a). You may apply for a listing online using the Website, and in consideration for a non-refundable subscription payment, which can be paid in advance on a monthly or annual basis.
(b). The subscription payment is due upon signing up and creating an account with us. A tax receipt will be issued once payment is made.
(c). The subscription is not transferrable to any person, incorporated entity or other third party.
(d). The listing will not be displayed unless and until the subscription fee is paid by you and received by us.
(e). By using the Website, you agree to be bound by these Terms and any variation to these Terms, from time to time.
(f). You may remove your listing at any time in your discretion via management of your own account.
(g). Removal of your listing will not affect your paid subscription, which will terminate on the expiration of the paid term. There will be no refund of any subscription fee paid where you decide to terminate your listing early.
(h). You authorise us to display your listing details on the Website for the public to view and access for the duration of the paid listing period.
5. Amendment of Terms
(a). We may amend these Terms from time to time where we consider it is necessary or appropriate to do so by giving you reasonable prior notice, without any liability to you.
(b). If you do not accept our amended or updated Terms you must promptly notify us to discuss any concerns. We reserve the right to remove your listing without liability where an agreement cannot be reached.
(c). Each time you visit or use the Website, you will be agreeing to the then current Terms.
6. Privacy
(a). We have adopted a Privacy Policy. You acknowledge and agree that all data and personal information will be held by us in accordance with the Privacy Policy.
(b). You agree and consent to disclosure of personal information as set out in the Privacy Policy.
7. Communication
(a). You must promptly advise us in writing of any changes to your contact details.
(b). We may send any communications to the last contact details you provide to us in relation to feedback on work you have been engaged to provide from a user of the Website, or in relation to work you have paid for. Unless you instruct us otherwise, we may, where appropriate, communicate with you via email or by other electronic means.
(c). We may send you electronic direct marketing (EDM) regarding the Website, its features, offers or features promoting suppliers listed on the Website from time to time.
(d). The recipient of our electronic communications is solely responsible for virus checking emails and any attachments. We do not accept any liability in this regard.
(e). You acknowledge that there is a risk of non-receipt, delayed receipt, inadvertent misdirection, or interception by third parties in any form of communication, whether electronic, postal or otherwise. We are not responsible for any such matters beyond our control.
8. Applicable Law
These Terms will be governed by and construed in accordance with the laws in force in the State of Victoria. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts in New South Wales.
9. Severability
If a court or other competent authority determines that a word, phrase, sentence, paragraph, or clause of these Terms is unenforceable, illegal or void then it shall be deemed to be deleted and the other provisions of these Terms will remain in force.
10. Assignment
You may not assign, transfer or otherwise deal with any of your rights and obligations pursuant to these Terms without our prior written consent.
11. Entire Agreement
These Terms, and any documents we provide to you in relation to your listing constitute the entire agreement of the parties in respect of the subject matter of this these Terms, and they supersede all prior discussions, undertakings and agreements unless otherwise agreed in writing by both parties.
12. Waiver
Failure by us to enforce any of these Terms shall not be construed as a waiver of any rights.
13. Disputes and complaints
(a). If you have any concerns about our Services, please raise this directly with us in writing.
(b). A party to these Terms will not commence any court proceedings (except proceedings seeking urgent interlocutory relief) in respect of a dispute arising out of these Terms (dispute) unless it notifies the other party to these Terms in writing, giving details of the dispute.
(c). The parties will have fourteen (14) days to use their best efforts to resolve the dispute in good faith (Initial Period).
(d). If the parties are unable to resolve the dispute within the Initial Period, each party agrees that the dispute may be referred for mediation in accordance with the Mediation Rules of Law Society of NSW. The mediation is to be held with a mediator agreed on by the parties, or, failing agreement within seven (7) days after the expiry of the Initial Period, a mediator nominated by the Law Society of NSW.
(e). The role of any mediator is to assist in negotiating a resolution of the dispute. A mediator may not make a decision that is binding on a disputant unless that disputant has so agreed in writing.
(f). Each party to a dispute must bear its own costs of complying with this clause and the parties must bear equally the costs of any mediator and mediation venue engaged.(g). Only where the parties fail to resolve the dispute after mediating in good faith in accordance with this clause may a party issue any legal proceedings.