This website: www.mildurafarms.com (“Website”) is owned and operated by Mildura Farms Pty Ltd ABN 49 140 872 313 (“Mildura Farms”, “we”, “our”, or “us”) for the benefit of individuals and entities interested in Mildura Farms’s products and services.

These website terms and conditions (“Terms of Use”) apply to your use of the Website and by using the Website you agree to be bound by these Terms of Use.

Please read these Terms of Use prior to purchasing any products from and/or using our service. If you do not agree to these Terms of Use, you should not obtain or use information, services or products from this Website.

Information

All information displayed on the Website is current at the time of display and any reference to currency is a reference to Australian Dollars. We take every reasonable care to ensure accuracy of all information listed. However, Mildura Farms is not liable for any errors in pricing and description. It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon.

We may from time to time, before your purchasing any products from this Website, require you to enter into the relevant agreement for the purchase of the products, and execute all other necessary documents.

Use of the website

You must not:

• a) use the website (including any of Mildura Farms’s social media sites) for any activities, or post or transmit to or via the websites any information or materials, which:
  • i. breaches any laws or regulations, infringes a third party's rights or privacy, or which are contrary to any applicable standards or codes;
  • ii. interferes with other users, or defames, harasses, threatens, bullies, or offends any person, or which inhibits any other user from using the website;
  • iii. is obscene, indecent, discriminatory, inflammatory or pornographic or which could give rise to civil or criminal proceedings;
• b) use the websites to send unsolicited commercial or bulk electronic messages;
• c) make any fraudulent or speculative enquiries, reservations or requests using the websites;
• d) provide false information when registering or changing your registration details;
• e) tamper with, hinder the operation of or make unauthorised modifications to the websites
• f) knowingly transmit any virus or other disabling feature to or via the websites; or
• g) attempt any of the above acts or permit another person to do any of the above acts.

User Account and Orders

To place orders and access some features of the website, you may register an account with us. To register an account, you must:

• a) give us accurate and current personal information including your name, address, and a valid email address.
• b) you must be at least 18 years old, and have the capacity to enter into a legally binding agreement with us.

You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.

You must not use another person’s account without our, and/our, and/or the other person’s, express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).

Any orders placed through our website will be subject to our terms and conditions of sale, which will be made available to you at the time of purchase.

If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact Customer service immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.

Until the time when we accept your Order, we reserve the right to refuse to process your Order and you have the right to cancel your Order. If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you less third party processing fees. Restocking fees may also apply.

Indemnity

To the full extent permitted by law, you agree to indemnify Mildura Farms and keep Mildura Farms indemnified from and against any liability and any loss or damage Mildura Farms may sustain, as a result of any breach, act or omission, arising directly or indirectly of these Terms of Use by you or your representatives.

Liability

Mildura Farms’s liability is limited, to the extent permissible by law and at its option, to:

• a) in relation to products:
  • i. the replacement of the products or the supply of equivalent products;
  • ii. the repair of the products;
  • iii. the payment of the cost of replacing the products or of acquiring equivalent products; or
  • iv. the payment of the cost of having the products repaired.
• b) where the products are services:
  • v. the supply of service again; or
  • vi. the payment of the cost of having the services supplied again.

To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms of Use are excluded and Mildura Farms is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate you for:

• a) any increased costs or expenses;
• b) any loss of profit, revenue, business, contracts or anticipated savings;
• c) any loss or expense resulting from a claim by a third party; or
• d) any special, indirect or consequential loss or damage of any nature whatsoever caused by Mildura Farms failure to complete or delay in completing the order to deliver the products.

Links

If you wish to establish a link to Mildura Farms’s Website from your website, you must seek our prior written consent.

This Website may from time to time contain hyperlinks to other Websites. Such links are provided for convenience only and Mildura Farms is not responsible for the content and maintenance of or privacy compliance in relation to any linked Website. Any hyperlink on our Website to another Website does not necessarily imply our endorsement, support, or sponsorship of the operator of that Website or of the information and/or products that they provide.

Trademark

Mildura Farms logos (whether registered or otherwise) and any other affiliated logos owned by Mildura Farms may not be used without prior, specific, written consent by Mildura Farms.

Copyright and Intellectual Property

Copyright in the content on this Website is the property of Mildura Farms or owned by other third parties who have granted licence/s to Mildura Farms. Material on this Website may be viewed and may be reproduced in hard copy for your personal reference. Unless otherwise permitted by law, the material and information on this Website may not otherwise be reproduced or displayed and may not be distributed to any person or incorporated into any other website or materials without prior written approval from Mildura Farms.

Intellectual property rights for software, scripts, programming code, animation, and processes used in this Website are the sole property of Mildura Farms including without limitation, all copyrights and other proprietary rights inherent therein.

Security Risk

Social Media

Mildura Farms has a number of social media sites (eg Google, Twitter, YouTube, Facebook, Instagram and Pinterest); but these may change over time. We reserve the right to cease any such sites in our discretion. Our own websites may also include social media functions, including user reviews, ratings, forums, and the ability to interact with other users. Third party social media sites will also be governed by their own particular terms of use.
Mildura Farms does not necessarily endorse, support, sanction, encourage, verify or agree with any comments, opinions or statements posted by any users or members on the website or Mildura Farms’s social media sites. Any information or material placed online by users, including advice or opinions, is the view and responsibility of those users and does not necessarily represent our views.

Users must not post or upload any comment, content or link to the website or Mildura Farms’s social media sites which does not comply with these Terms, including if it is defamatory, harassing, bullying, indecent or inflammatory. Mildura Farms may moderate user-posted content and may remove any content that, in Mildura Farms’s opinion, is inappropriate. While we review content regularly, there may be times when inappropriate or content is viewable before it can be removed. Mildura Farms does not undertake to inform users when such content has been moderated or removed. Mildura Farms may provide warnings, or otherwise block or suspend users or their accounts in our sole discretion.

Where you post or submit content to a Site, you warrant that you:

• a) have the permission of the person/s appearing in the content to submit it to the Site, and for them and their image or likeness to be subject to these Terms, including use by Mildura Farms and Mildura Farms’s Privacy Policy; and
• b) have the right to submit the content (including copyright); the content is your own original creation; and that you unconditionally and irrevocably consent to any act or omission which might infringe any moral rights you may have in the content (as defined in the Copyright Act 1968 (Cth)).

Mildura Farms may copy, reproduce, publish, display, alter, or distort user submitted content, and use it for any purpose, (including without limitation, any future promotions or campaigns involving Mildura Farms) at any time in the future, and via any media.

Mildura Farms does not accept any responsibility or liability where content is downloaded from the website, nor in relation to any matters after such download. Third parties may comment on, link to, re-post, or otherwise deal with the user submitted content once it is submitted, and Mildura Farms does not accept any liability for such actions.

Any personal information you provide about yourself, or the person/s appearing in user submitted content, may be used by Mildura Farms to conduct campaigns, research and marketing activities (including informing you about special offers from Mildura Farms, and to become part of databases maintained by Mildura Farms or its associated entities), and otherwise be used in accordance with Mildura Farms’s Privacy Policy

Privacy Policy

All personal information obtained by using Mildura Farms Website is governed by Mildura Farms’s Privacy Policy. By using the Website you agree with Mildura Farms’s Privacy Policy. If you do not agree to Mildura Farms’s Privacy Policy, you should not provide your personal information to Mildura Farms.

Upon accepting these Terms and the Privacy Policy you agree that the personal information collected may also be used to promote and inform you on other Mildura Farms products and services, which may interest you. You may notify us at any time that you no longer wish to receive any direct marketing by email: admin@mildurafarms.com.

General

No waiver of any of these terms and conditions or failure to exercise a right or remedy by Mildura Farms will be considered to imply or constitute a further waiver by Mildura Farms of the same or any other term, condition, right or remedy.

Mildura Farms reserves the right to modify any of the Terms of Use and Privacy Policy at any time.

These Terms of Use are governed by the laws of Victoria, Australia. If any part of these Terms of Use is found to be invalid or unenforceable, it shall be served without affecting the remainder.

For information about how to contact us, please visit our contact page.