Respecting your privacy and the law
The privacy of your personal information is important to us at cesar Pty Ltd (Cesar Australia). We are committed to respecting your right to privacy and protecting your personal information.
Cesar Australia is and attempts to be sensitive to your privacy on the Internet. Whenever possible, Cesar Australia will attempt to treat the information we receive about you on or via the Internet with care deemed reasonable under the circumstances. Cesar Australia may use information provided by you (if any), or obtained by you using a Cesar Australia website, to measure the use of Cesar Australia websites and to improve the content of the websites.
Collecting your personal information
If you are acquiring or have acquired a product or service from Cesar Australia, we will collect and hold your personal information for the purposes of:
• providing you with the relevant product or service
• responding to an inquiry
• processing an order
• allowing access to specific account information
• managing and administering the products or services
• informing you about products or services that might better serve your needs or promotions or other opportunities in which you may be interested
The information collected may include:
• your name
• your company name
• postal or email address
• phone number
• other information Cesar Australia reasonably considers necessary.
In general terms, you are under no obligation to provide any information that we may request of you. You should however be aware that by withholding requested information, we may be unable to provide you with our products or services, particularly if the information requested is required by law.
Protecting your personal information
We store your personal information in different ways, including in paper and electronic form. We will take reasonable steps to protect your personal information and have in place measures to protect your personal information from misuse, loss, unauthorised access, modification or disclosure.
Content means all content (including data, text, video, images, audio and other material) that is accessible to you and other users on the Website (but excludes any content that is accessible from websites that are not Cesar Australia websites, such as via hyperlinks from the Website).
Contributions means content that is contributed by you and other users to Cesar Australia via the Website, such as on the Website blog. Cesar Australia may (in its absolute discretion) make such content generally accessible via the Website.
2. Your use of the Website
(a) submit Contributions to Cesar Australia; and
(b) view, retrieve and display Contributions (and other Content).
3. Submitting Contributions
3.1 Cesar Australia may, from time to time, permit you to submit Contributions which you (and not Cesar Australia) are solely responsible for, and liable for.
3.2 You acknowledge that Cesar Australia:
(a) retains the absolute discretion to determine whether Contributions should be made accessible via the Website (and without limitation, Cesar Australia is under no obligation to give reasons for its decision that a Contribution will not made accessible via the Website); and
(b) may at any time, in its absolute discretion, and without liability to you:
(i) edit any Contribution and make that edited version accessible on the Website; and
(ii) remove, alter or disable access to any Contribution or the Website generally (whether temporarily or permanently) without prior notice to you.
4. Browsing Contributions
You acknowledge that, when browsing or accessing the Website, you may be exposed to the Contributions of other users. Cesar Australia is not responsible for, and disclaims all liability relating to, the Contributions of other users. You release Cesar Australia from any claims that you could assert against Cesar Australia relating to the Contributions of other users.
5. Intellectual property rights – Contributions
5.1 Your Contributions may contain:
(a) content that you have created yourself (Original Material); and/or
(b) content that you have sourced from third parties (Third Party Material).
5.2 To the extent that your Contributions contain:
(a) Original Material – you retain all intellectual property rights in that Original Material; and
(b) Third Party Material – you must ensure that you have the lawful right (including all necessary licences) to grant to Cesar Australia the licence in respect of that Third Party Material granted under paragraph 5.3 below. If we ask, you must provide us with written evidence that you have obtained all necessary licences.
5.3 You grant Cesar Australia a worldwide, non-exclusive, royalty-free, perpetual, transferable and irrevocable right to use, reproduce, modify, communicate to the public, adapt, translate, distribute, publish, create derivative works from and display and perform your Contributions throughout the world in any media, whether currently in existence or not.
5.4 You voluntarily, unconditionally and irrevocably consent to all or any acts or omissions by Cesar Australia (or persons authorised by Cesar Australia), in relation to Contributions, which would, without this consent, otherwise infringe your moral rights in those Contributions.
6. Intellectual property rights – Content
7. Prohibited use
7.1 You must not, at any time:
(a) publish, communicate or adapt any of the information or Content accessible on the Website (other than your Contributions);
(b) make copies in any form of all or parts of the Content (other than your Contributions) other than as reasonably required for your personal non-commercial use;
(c) reproduce, perform in public or transmit in any form any part of the Website without the specific written consent of Cesar Australia;
(d) adapt, translate, reverse engineer, dissemble or decompile the Website or any part of the Website;
(e) directly or indirectly, introduce or permit the introduction of, any virus, worm, trojan or other malicious code or item of a destructive nature in or on the Website (whether by submission of Contributions or otherwise) or in any way corrupt, degrade or disrupt the Website;
(f) remove any copyright, trade mark, electronic rights management information or other proprietary rights notices contained in or on the Website;
(g) reformat or frame any part of the web pages that form part of the Website;
(h) use the Website to violate the security of any computer network, to crack passwords or security encryption codes, or to transfer or store unlawful material (including, without limitation, material that is threatening or obscene); or
8. Other warranties given by you
You warrant that:
(a) all information you supply in connection with your Contribution (including you name and email address) is accurate in all respects;
(b) if any of that information changes, you will promptly notify Cesar Australia in writing of those changes;
(d) you will not submit any Contributions that:
(i) infringe the intellectual property or other rights of any other person;
(ii) are misleading or deceptive;
(iii) are defamatory;
(iv) are obscene;
(v) are unlawful or encourage unlawful conduct; or
(vi) are inappropriate having regard to the purpose and objectives of the Website.
9.1 You must ensure all passwords used by you or your personnel to access any part of the Website are kept secure and are not provided to or shared with any third party.
9.2 You must not let any third party access your account or any secure or restricted part of the Website, or do anything else that might jeopardise the security of your account or the Website.
9.3 You are not permitted to transfer you account to any third party without the prior written consent of Cesar Australia.
10. Links and frames
(a) Any links or frames which connect the Website to other websites are provided by Cesar Australia for convenience only, and by accessing those linked sites, you agree to any terms of access or use imposed by those linked sites.
(b) Cesar Australia is not responsible for any content, hyperlinks or information held on other websites. Cesar Australia does not:
(i) endorse any material on those websites;
(ii) provide any warranty, or assume any responsibility, regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those websites; and
(iii) warrant that material on other websites will not infringe the intellectual property rights or other rights of any other person.
11. Statutory rights and exclusions and limitations of liability
(a) (if the breach relates to goods) at Cesar Australia’s option, the replacement of the goods or supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired; or
(b) (if the breach relates to services) at Cesar Australia’s option, the supplying of the services again or the payment of the cost of having the services supplied again.
11.3 Without limiting paragraph 11.2, and except as required by law (including under your Statutory Rights), Cesar Australia will not be liable (including in negligence) for:
(a) any loss of profits, loss of revenue, loss of data, loss of use of data, or any direct, indirect or consequential loss or damage, incurred by or awarded against you or any other person arising directly or indirectly from your access to or use of the Website (or any linked website), or relying on information on the Website;
(b) any cost, loss, liability or expense arising from death, personal injury or damage to property (including damage to your software, hardware or data) resulting directly or indirectly from your access to or use of the Website (or any linked website), or relying on information on the Website.
You indemnify and hold Cesar Australia, its employees, officers and agents (Indemnified Parties) harmless from and against any claims, liability, expenses, losses, damages and costs (including legal costs and expenses on a solicitor own client basis) (Loss) incurred by any of those indemnified where such Loss was caused, directly or indirectly, by:
(a) your access to or use of the Website; or
(b) any Contributions made by you (or on your behalf) to the Website (including, without limitation, Loss caused by a claim that your Contribution infringes the intellectual property or other rights of any person).
13. PestFacts south-eastern
By accessing the PestFacts south-eastern newsletter (PestFacts), you acknowledge and agree that:
(a) Any recommendations, suggestions or opinions contained in PestFacts do not represent the policy or views of Cesar Australia or the Grains Research and Development Corporation (GRDC).
(b) No person should act on the basis of the contents of the PestFacts publication without first obtaining specific, independent professional advice.
(c) Cesar Australia and the GRDC will not be liable for any loss, damage, cost or expense in connection with any person using or relying on the information presented in the PestFacts publication.
(d) The content that is referenced and hyperlinked to in PestFacts is outside the control of Cesar Australia and the GRDC. It is the responsibility of users to make their own decision about the accuracy, currency and reliability of this information.
(e) Permission of Cesar Australia is required for any reproduction of PestFacts.