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Terms of use

Terms of Use

The website at URL https://farmemploymentexchange.org.au (Website) hosts the Farm Employment Exchange Pilot Project which is owned and operated by the Victorian Farmers Federation Ltd (ACN 079 980 304) (Victorian Farmers Federation, we, our, us). 

Your use of the Website is conditional upon your agreement to, acceptance of and compliance with the terms and conditions set out below (terms and conditions). Your use of and/or access to the Website constitutes your agreement to be bound by these terms and conditions.

In addition to the general terms and conditions set out below, certain parts of the Website may be subject to additional specific terms and conditions of use. Such specific terms and conditions form part of the general terms and conditions and are set out below, as well as in the relevant part of the Website. You are also bound by these specific terms and conditions, which you will be deemed to have accepted by your use and/or access to the relevant part of the Website.

These terms and conditions are in addition to any other agreement you may enter into with Victorian Farmers Federation, or any third party introduced by Victorian Farmers Federation, and shall continue to be binding on you notwithstanding any other such agreement you may enter into.

Victorian Farmers Federation Disclosure

The Farm Employment Exchange Pilot Project acts as a platform to:

(a) allows people in certain regions of Victoria who are seeking work to make contact with potential employers (Applicants); and

(b) allows businesses to list potential work opportunities (Businesses).

Whilst the Farm Employment Exchange Pilot Project is a free service to both Applicants and Businesses, Victorian Farmers Federation may charge fees to potential advertisers on the Website and use users details in accordance with our Privacy Policy located https://farmemploymentexchange.org.au/privacy-policy/.

Intellectual Property

All information, text, material, graphics, software and photographs on the Website (materials) are copyright Victorian Farmers Federation, its associated companies, suppliers, and/or licensors unless expressly indicated otherwise. The materials are protected by Australian and international copyright laws. 

You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute or in any way deal with the material except as expressly provided on the Website, or expressly authorised in writing by Victorian Farmers Federation.

The names “Farm Employment Exchange Pilot Project”, “Farm Employment Exchange Project”, “Victorian Farmers Federation” and related logos are trade marks of Victorian Farmers Federation.

You must not use the Victorian Farmers Federation trade marks, logos or other materials for any purpose without the prior written consent of Victorian Farmers Federation. 

You may, subject to specific restrictions set out in these terms and conditions, download material from the Website solely for your personal, non-commercial use. You must not distribute such material in any form to any third party. You agree not to change or delete any proprietary notices from any material downloaded from the Website. 

Content

The contents on the Website (Content), including any information posted by an Applicant or Business are for general information purposes only.  Any use of Victorian Farmers Federation materials or information by another person or organisation is at the user’s own risk. 

Further, Victorian Farmers Federation does not warrant or make any representations as to any third party products, services, Applicant details or Business listings described or referred to on the Website. 

The Content on this Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties such as Applicants and Businesses.  Inclusion of Content on this Website by any of these third parties is not an endorsement of any individual, organisation, business, product or service by Victorian Farmers Federation.

Victorian Farmers Federation and its employees, related parties, directors, officers, agents, volunteers, contractors and subcontractors will not accept any liability, including for any loss or damage, resulting from the reliance on the Content, or for its accuracy, currency and completeness.

You agree to be solely responsible for any Content that you communicate or otherwise provide over the Website.  You warrant and represent that any Content that you communicate or otherwise provide will not violate these terms and conditions and will also be listed accurately if you are an Applicant or Business posting information on the Website.

Disclaimers and Limitation of Liability

Victorian Farmers Federation strongly recommends that all Applicants and Businesses conduct appropriate investigations and due diligence before accepting any offer for work or taking on a worker (as appropriate).

This Website has been prepared without consideration of your particular objectives, employment needs, financial situations and other relevant circumstances.  In all cases, you should conduct your own investigations and analysis of the information contained on the Website including information posted by Applicants and Businesses.  You should seek your own professional advice in relation to any information posted on or via the Website including any job applications.  Users of the Website acknowledge and agree that Victorian Farmers Federation is not acting as a labour hire provider for the purposes of the Labour Hire Licensing Act 2018 (Vic.) in hosting the Farm Employment Exchange Pilot Project.

The Australian Competition and Consumer Act 2010 and other similar Australian State and Territory legislation may provide you with certain rights and remedies in respect of goods and services provided to you by Victorian Farmers Federation on the Website which cannot be excluded, restricted or modified.  Victorian Farmers Federation does not exclude any such statutory rights, but excludes all other conditions and warranties specified or implied by custom, law or statue.

Without limiting the above, to the fullest extent permitted by law:

  • all information and materials on the Website is provided “as is” and without warranty of any kind, express or implied;
  • all implied warranties as to merchantability and fitness for a particular use or purpose are excluded;
  • Victorian Farmers Federation and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of any information or materials on the Website;
  • Victorian Farmers Federation makes no warranties in respect of human or machine errors, omissions, delays, interruptions, or losses including but not limited to loss of data; and
  • Victorian Farmers Federation makes no warranties that files and/or data available for downloading from the Website, or the server transmitting information and materials to you, will be free of infection, viruses or other code that manifest contaminating or destructive properties.

Further, Victorian Farmers Federation’s liability for the breach of any warranty or condition which cannot by law be excluded shall, at Victorian Farmers Federation’s option, be limited to the following:

in the case of services supplied by Victorian Farmers Federation:

  • the supply of the services again; or
  • the payment of the cost of having the services supplied again; and

in the case of goods supplied by Victorian Farmers Federation:

  • the replacement of the goods or the supply of equivalent goods;
  • the payment of the cost of replacing the goods or the supply of equivalent goods; or
  • the payment of the cost of having the goods repaired.

Under no circumstances (including but not limited to any act or omission on the part of Victorian Farmers Federation, its servants or agents) will Victorian Farmers Federation or its associated companies be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use of or access to, or inability to use or access the Website or any information and/or materials contained on the Website. 

Access and communication

Victorian Farmers Federation does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.

Details contained on the Website have been prepared in accordance with Australian law and may not satisfy the laws of another country. 

Victorian Farmers Federation provides no warranties and cannot guarantee that any file, program, access or use of the Website is free from viruses, malware or other harmful technology or material which could damage or infect your data, hardware, software or other equipment. By accessing and using the Website you assume all risk in this regard and you release Victorian Farmers Federation from all applicable liability and responsibility.

You are solely responsible for the protection of any usernames and passwords you may use in relation to the Website or any account you may have with Victorian Farmers Federation. We are not responsible for any damage or unauthorised access to information arising from misuse of your passwords, user names or your own or third party computer equipment or networks.

You agree that you shall not use the Website, or attempt to access the Website or the Victorian Farmers Federation network to:

  • upload or use the Website to provide any material to Victorian Farmers Federation which is false, misleading or deceptive;
  • post or upload any material which is libellous, defamatory or which discloses private or personal matters concerning any person, or any material, message, data, image or program which is indecent, obscene or pornographic;
  • impersonate any other person;
  • post or transmit any material, message, data, image or program that would violate the property rights of others, including unauthorised copyrighted text, images or programs, trade secrets or other confidential information, or trade or services marks;
  • interfere with other users use of the Website;
  • post or transmit any file or data which contains viruses or any other contaminating or destructive features;
  • post or transmit any message or material which is harmful, threatening, abusive or hateful;
  • post or transmit charity requests, petitions for signature, chain letters or letters relating to pyramid schemes;
  • send any unsolicited mass emailing to other users of the site; and/or
  • use the Website to conduct any activity or solicit the performance of any activity which is illegal or which infringes the rights of others.

Licence to Victorian Farmers Federation

By placing any information or other material on the Website (works), you grant Victorian Farmers Federation a non-exclusive, world-wide, royalty free, perpetual licence to use the works at its discretion, including to sub-licence, reproduce, distribute, transmit, adapt, publicly display and publicly perform the works. You expressly waive in favour of Victorian Farmers Federation any moral rights or similar rights you have in any jurisdiction in respect of the works.

Indemnity

You agree to fully indemnify and hold harmless Victorian Farmers Federation, its directors, officers, directors, employees, consultants, agents and affiliates in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:

      1. any breach of these terms and conditions by you; or
      1. your access or use of the Website.

Links

Access to any Website which may be reached by the hyperlinks on this Website (linked site) is subject to any notices, including but not limited to copyright notices, which may appear throughout the linked site.

Accessing a linked site from this Website does not expressly or impliedly constitute any guarantee, undertaking or warranty on the part of Victorian Farmers Federation as to the accuracy, completeness, copyright status or up-to-date nature of the information contained on the linked site. Victorian Farmers Federation will not be liable to the reader or any third party for losses, costs, damaged or other expenses incurred as a result of such access and the use of any information contained on a linked site.

The ability to access a linked site does not:

  1. constitute express or implied authority to infringe copyright in any material contained on the linked site; and/or
  1. imply any connection, sponsorship or affiliation between the linked site and this Website or Victorian Farmers Federation.

Privacy

Our Privacy Policy is set out here: https://farmemploymentexchange.org.au/privacy-policy/

Variation and Termination

These terms and conditions shall continue to have full force and effect until varied or terminated by Victorian Farmers Federation.  Victorian Farmers Federation reserves the right to terminate this agreement and your access to the Website at any time for any reason.  The terms and conditions relating to intellectual property, your licences to Victorian Farmers Federation, the indemnity granted by you, and all disclaimers and limitations of liability shall survive the termination of this agreement.

Victorian Farmers Federation reserves the right to vary these terms and conditions at any time by posting new or varied terms and conditions on the Website. You are responsible for reviewing any new or updated terms and conditions on the Website and your continued use of the Website will constitute an agreement to be bound by such updated terms and conditions.

General

All references in these terms and conditions to “Victorian Farmers Federation” include its employees, contractors, directors, officers, servants, agents and related entities.

The agreement constituted by these terms and conditions is governed by the laws of the State of Victoria, Australia.  You irrevocably submit to the jurisdiction of the courts of that State. 

If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability shall not affect the remainder of the agreement which shall continue to have full force and effect.

The waiver by Victorian Farmers Federation of a breach of these terms and conditions by you shall not be construed as a waiver of any other breach of these terms and conditions by you and shall not in any way restrict Victorian Farmers Federation’s right to exercise its rights pursuant to this agreement in respect of any other breach of these terms and conditions.

If you have any questions regarding the Website or these terms and conditions you may contact us at:

Phone: 03 9207 5524

Email: farmemploymentexchange@vff.org.au

Last updated: 20 May 2020