GeneralThis website is operated by Seed Trading Pty Ltd (A.C.N. 161 636 282) (“Seed Trading”) under the domain name www.seedtrading.com.au (“Website”).
Do not access, browse and/or use the Website if you cannot enter, or are barred from entering, into legally binding contracts, or if you are temporarily or indefinitely suspended or prohibited from accessing, browsing and/or using the Website or any websites that are linked to the Website.
You agree and understand that Seed Trading may prevent or restrict your access to the Website for any technical, security or other reason at Seed Trading’s sole and absolute discretion.
If you are allocated an account with Seed Trading, you are responsible for the use of your account and the protection of your account code. You must not allow or permit your account code to be disclosed to any other third party, or permit any third party to gain access to your account without the prior written approval of Seed Trading.
You must report the loss, misuse or dissemination of your account code, or any access of your account by a third party, to Seed Trading immediately.
If Seed Trading believes that your account code has been lost, misused or disseminated, or that there has been access to your account by any third party, Seed Trading may, at your sole cost and expense, cancel your account code or otherwise limit your access to the Website or your account.
Variation of these Terms
Seed Trading may vary these Terms at any time. In the event that Seed Trading varies these Terms, Seed Trading will provide notice by publishing the varied Terms on the Website. You accept that by doing that, Seed Trading will have provided you with sufficient notice of the variation of the Terms and that you will be bound by the Terms as varied.
Intellectual Property Rights
You acknowledge that the Website, technology used in connection with the Website, Seed Trading products and services, all software, material, products, information, communications, text, graphics, links, electronic art, animations, audio, video, photo and other data available within the Website (“Website Content”) are provided by Seed Trading and/or third party providers and are the copyrighted works of Seed Trading or such third party owners (as the case may be). You should assume that everything you see or read on this Website is copyrighted unless otherwise noted and that it may not be used except as provided in these Terms, or otherwise in the text on the Website, without the prior written permission of Seed Trading or the relevant third party owner.
Under the Copyright Act 1968 (Cth) (as amended), you are limited as to the amount of the Website Content that you may download, print, copy, cut and paste from the Website or otherwise make copies of. It is your responsibility to ensure that you do not infringe any applicable law (including, without limitation, the Copyright Act 1968 (Cth)). Further, your use of the Website must not in any way infringe the intellectual property rights of any person.
You may not store any significant portion of any Website Content in any form. Also, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile, collect in a database or in any other manner commercially exploit any part of the Website Content in whole or in part unless expressly authorised by Seed Trading or the relevant third party owner.
You acknowledge that Seed Trading and/or any third party remains the owner/s of the Website Content and that you have no intellectual property rights in the Website Content. No license is granted to you in respect of the Website Content other than as set out in these Terms.
The trade marks (whether registered or unregistered) and logos on the Website (“trade marks”) are owned by Seed Trading and/or third parties. You are strictly prohibited from using, displaying, copying, modifying, transmitting, storing, publishing or distributing any of the trade marks, or providing links to any of the trade marks, without express permission from Seed Trading or the relevant third party in relation to their trade marks.
The Website may contain links or pointers to, or from, websites or third parties (“external websites”). Seed Trading is not required to maintain or update the links or pointers to any external websites.
Unless expressly stated to the contrary on the Website, any link or pointer to, or framing of, an external website is not to be construed as an endorsement, sponsorship, approval, recommendation or preference by Seed Trading of the owners or operators of the external website, or of any information, products or services referred to on the external website or any practices associated with those external websites.
You agree that access to any external website is entirely at your own risk and that Seed Trading will not be responsible or liable, directly or indirectly, for any or all actions, causes of action, suits, claims, demands, damage, damages, loss, costs, penalties, liabilities, charges and expenses of every description (including without limitation any loss suffered by you as a result of adverse publicity which is) caused or alleged to be caused by or in connection with, your use or reliance on any goods or services available on or through any external website.
Accuracy and Usefulness of Information on the Website
All material and information on the Website is provided in good faith and is believed to be accurate and current as at the date of publication. However, Seed Trading provides no
warranty or guarantee that any material or information on the Website or external websites will be accurate or complete.
Seed Trading will not be liable for any loss or damage whatsoever, whether in an action in contract, negligence or other tort or in respect of any cause of action, suit, claim, demand, cost, penalty, liability, charge and/or expense of every description (including, without limitation, any loss suffered by you as a result of adverse publicity) arising out of or in connection with your access to the Website or the Website content. All warranties of any kind are excluded to the maximum extent permitted by law.
Seed Trading makes no guarantee as to the usefulness of the Website Content, nor of any of the products or services promoted on the Website or via linked websites. If you wish to link your site to this Website, you may only link to the home page. You may not link to any other pages within this Website without the prior written consent of Seed Trading.
Prohibitions against unlawful use
You warrant that you will not do any of the following things in connection with you accessing, browsing or using the Website:
- Violate any laws, third party rights, or policies of Seed Trading;
- Hide or spoof your IP address;
- Intentionally bounce your communications through any intermediate computers;
- Alter any logs upon gaining access to the Website;
- Interfere with the technological operations of the Website;
- Manipulate or attempt to manipulate any content or material on the Website;
- Post or attempt to post any false, inaccurate, misleading, defamatory, or libellous content on the Website;
- Use any robot, spider, search engine, scraper or other means (whether manual, automated, mechanical, electrical or otherwise either existing or that be invented or discovered in the future) to access the Website or to any of the acts described in the bullet points above, for any purpose other than the normal purpose for which the Website is intended;
- Assisting, being involved in, or procuring directly or indirectly any of the acts specified in paragraphs (a) to (h) above or engaging in conduct that is substantially similar to paragraphs (a) to (h) above or having a substantially similar effect.
If we become aware that you have violated any of the clauses of these Terms, we may immediately take corrective action, including preventing you from accessing, browsing and/or using the Website. If we have been injured by your violation we may, in our sole discretion, take such action against you that we deem necessary to protect our rights.
By accessing, browsing and/or using the Website, you agree to the Seed Trading Privacy Statement (click on this link to access the Seed Trading Privacy Statement).
Except for information covered by our Privacy Statement, any communication or material you transmit to the Website by electronic mail or other means, including any data, comments, questions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post becomes the property of Seed Trading or its affiliates and may be used for any purpose, provided that Seed Trading will refrain from infringing your moral rights. Seed Trading is free to use, without compensation to you, any ideas, concepts, know-how, or techniques in any communication you send to the Website for any purpose whatsoever.
To the maximum extent permitted by law, Seed Trading may release your personal and private information to authorities and your internet service provider if you conduct any illegal activities or otherwise breach the Terms.
Disclaimer of Warranty and Limitation of Liability
While Seed Trading makes and strives to provide secure and continuous connectivity and internet access, Seed Trading will not be responsible or liable to you for any direct or indirect loss or consequential damage, including among other things, any loss of dates obtained, time, data or information furnished or entered on the Website or the application forms which may, among other things, have occurred as a result of any events or acts leading to interruptions in internet connectivity, transmission of signals, server breakdown, systems crashing, hacking, servicing and any other events or acts.
You will not hold Seed Trading responsible for other users’ actions or inactions, including acts or things as a result of which there may be loss of connectivity, loss of dates and/or loss of data furnished.
Further, while secure and continuous access to the Website is sought to be provided, Seed Trading does not guarantee continuous or secure access to the Website and operation of the Website, as the same me be interfered by numerous factors outside of the control of Seed Trading. Accordingly, to the extent legally permitted, Seed Trading excludes all implied warranties, terms and conditions. Seed Trading is not liable for any loss of money, time, goodwill, or reputation, or any special, indirect, or consequential loss or damages arising out of your use of the Website.
To the extent permissible by law, Seed Trading expressly disclaims all conditions and warranties, express or implied, in respect of a product or service supplied by Seed Trading in connection with the Website. Where the law precludes such exclusion and implies certain conditions and warranties into these Terms, the liability of Seed Trading for breach of such condition or warranty shall be limited, at the option of Seed Trading, to any or more of the following:
- The re-supply of a similar product or service; or
- The re-supply of the value of the product or service; or
- Refund of any amount paid by you to Seed Trading in respect of the relevant product or service.
Nothing done pursuant to paragraphs (i) to (iii) (inclusive) above, whether constituted by a refund of fees or a payment of money or otherwise, shall constitute an admission of liability by Seed Trading or any of its associate entities or related parties of Seed Trading.
You agree that in no circumstances will Seed Trading, its Associates, Related Bodies Corporate, Representatives or Representatives of its Associates or Related Bodies Corporate, be liable for any indirect, incidental, special and/or consequential losses or damages of whatever nature (including without limitation causes of action, suits, claims, demands, damage, damages, loss, costs, penalties, liabilities, charges, expenses of every description and any loss suffered by you as a result of adverse publicity) arising out of your use of the Website or of any of the Website Content (including, without limitation, any losses or damages arising out of, or attributable to, an act or omission by Seed Trading).
You agree that Seed Trading may, in its sole discretion, terminate your account (or any part thereof), and/or limit or restrict your access to the Website for any reason including, without limitation, if Seed Trading believes that you have violated or acted inconsistently with these Terms.
To the maximum extent permitted by law, Seed Trading reserves the right to contact any authority or other relevant party and disclose any information regarding your conduct.
To the maximum extent permitted by law, you agree to indemnify and forever hold Seed Trading, its Associates, Related Bodies Corporate, Representatives or Representatives of its Associates or Related Bodies Corporate, harmless from any claim or demand made by any third party due to or arising out of a breach by you of these Terms (including without limitation, Seed Trading’s reasonable legal fees), or violation by you of any law of any country or of the rights of a third party.
Any indemnity given in favour of a person who is not a party to these Terms is intended to be, and is, directly enforceable by each such person, and these Terms operates as a deed poll in favour of these persons.
Each indemnity in these Terms is a continuing obligation, separate and independent from your other obligations and survives termination of these Terms.
No Guarantees by Seed Trading
The Website may contain downloadable materials and links to external websites.
Seed Trading is not responsible for, and has no control over, the content of any downloadable materials or external sites.
You understand that Seed Trading cannot and does not guarantee, warrant or represent that files or software of any kind, or from any source, available for downloading through the Website, will be free of infection or viruses, worms, Trojan horses or other code or defects that manifest contaminating or destructive properties.
Prices and Payments
Unless stated to the contrary, all fees, charges or other amounts quoted on the Website are quoted in Australian Dollars (“AUD”) and are inclusive of any applicable goods and services tax (“GST”).
All payments to be made to Seed Trading must be in AUD and must be inclusive of any applicable GST. A payment to be made to Seed Trading must always be made as ‘Cash on Delivery’ unless otherwise agreed in writing by Seed Trading.
Subject to any prior arrangement in writing with Seed Trading, payments that are received in a currency other than AUD will not be accepted.
All fees, charges or other amounts quoted on the Website are subject to change without notice. You should confirm the fee, charge or other amount for a product or service before placing an order for it.
Except as explicitly stated otherwise, any notices must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) to Seed Trading at:
Seed Trading Pty Ltd
Level 1, 117 Beach Road Sandringham VIC Australia 3191
When using the World Wide Web, the Internet or third party networks, facilities and services that are beyond the control of Seed Trading, you assume all risk and liability of your use of the World Wide Web, the Internet or any such third party networks, including any access to the Website via such media.
If any part of these Terms is held invalid, illegal or unenforceable in accordance with its terms in any jurisdiction, that part shall be read down for the purposes of that jurisdiction if possible so as to be valid and enforceable and shall otherwise be capable of being severed to the extent of the invalidity, illegality or unenforceability without affecting the remaining provisions of these Terms or affecting the validity, legality or enforceability of that part in any other jurisdiction.
The failure, delay, relaxation or indulgence on the part of Seed Trading in exercising any power, right or remedy conferred upon Seed Trading by these Terms shall not operate as a waiver of that power, right or remedy, nor shall the exercise or any single or partial exercise of any power, right or remedy preclude any other or further exercise of such power, right or remedy or the exercise of any other power, right or remedy in these Terms. Any waiver of a breach of these Terms must be in writing signed by Seed Trading granting the waiver and shall be effective only to the extent specifically set out in that waiver.
Governing Law and Submission to Jurisdiction
The use of the Website and these Terms are governed by, construed and enforced in accordance with the laws in force from time to time in the State of Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia and their respective courts of appeal (“Courts of Victoria”). You waive any right which you may have had to object to an action being brought in the courts of Victoria including, but not limited to claiming that the action has been brought in an inconvenient forum or that the Courts of Victoria do not have jurisdiction.
This website may be accessed throughout Australia or from overseas. Seed Trading makes no representation that the content of this Website complies with the laws of any country outside Australia, you are responsible for ensuring that your access to, downloading, or use, of the Website Content is in compliance with all laws in the place in which you are located when you access the Website.
These Terms and any terms incorporated into these terms by express reference are the entire agreement between you and Seed Trading in respect of the subject matter of these Terms and supersede all previous communications, representations, inducements, undertakings, agreements or arrangements between Seed Trading (including without limitation to its officers, employees or agents) and you (including without limitation to your officers, employees or agents).
Reservation of Rights
Any rights not expressly granted to you herein are reserved by Seed Trading.
Associate has the meaning given to that expression in the Corporations Act 2001 (Cth).
Related Body Corporate has the meaning given to that expression in the Corporations Act 2001 (Cth).
Representatives of an entity include directors, officers, employees, agents, contractors and sub-contractors of that entity.
In these terms, unless the context otherwise requires:
- Words denoting the singular include the plural and vice versa;
- A word importing a gender includes the other gender and the neuter gender;
- A reference to legislation includes an statutory modification or replacement and any subordinate or delegated legislation issued under such legislation;
- A reference to a party or a person includes the party’s or the person’s executors, legal personal representatives, successors, transferees, and permitted assigns;
- Words denoting a natural person include a company, corporation, corporate body, government agency or authority or crown instrumentality and vice versa;
- Headings are for convenience only and shall not affect the interpretation of these terms; and
- Any term in these Terms is not to be construed against Seed Trading because it prepared that term.
Seed Trading Pty Ltd (A.C.N 161 636 282) and its related entities (collectively referred to as “we”, “us”, “our” and “Seed Trading”) is subject to the National Privacy Principles under the Privacy Act 1988 (Cth) (as amended from time to time).
This Privacy Statement explains in general terms how Seed Trading protects the privacy of your personal information (including any health information or sensitive information about you) (“Personal Information”) under the National Privacy Principles. It will apply to any Personal Information you provide to us in respect of:
- Any services and/or products that you request from us;
- Any services and/or products that we render to you;
- How we administer and manage those services and/or products, including charging, billing and collecting debts in respect of those services and/or products;
- Arranging and conducting checks for credit worthiness;
- Researching and developing our products and services;
- Gaining an understanding of your service needs so that we can provide you with a better service, and;
- Maintaining and developing our business systems and infrastructure, including testing and upgrading our systems.
This Privacy Statement will also apply to any Personal Information about you that is provided to us by a third party or third party website that we are linked or affiliated to.
This Privacy Statement does not apply to Seed Trading employees records, which are generally exempt from the legislation.
What Information We Collect
The types of Personal Information that we collect from you will depend on the circumstances of collection and on the type of service and/or product you request from us. We are required by law to obtain your consent to the collection of “sensitive information” and we will assume that you have consented to the collection of all information about you
(including without limitation, any sensitive information about you) which is provided to us for use in accordance with this Privacy Statement.
Personal Information may include your name, date of birth, postcode, e-mail address, telephone number, fax number, residential or business addresses, credit/debit card information, financial information and health data.
How We Collect Information
We may collect Personal Information prior to you placing an order for products or services with us. You must provide us with your contact information in order for us to facilitate the processing of an order for products or services. In the event that we have trouble processing any order, the contact information provided can assist us to contact you. We may also request Personal Information which contains financial information (for example, your credit card details).
How We Use Your Personal Information
Some of the Personal Information we collect is essential for us to be able to accurately identify who requires or is interested in our services and/or products and to provide such services and/or products to you.
Other types of Personal Information
we collect help us to profile who is using our services and/or products and what their interests are.
For statistical purposes, we may collect information on web site activity for the following website https://seedtrading.com.au/ (“Website”). Such information can include the number of times you have visited our Website, the date and time of the visits, the number of pages that you viewed, the country from which you viewed the Website and which web browser you used to access the Website. The information on its own does not identify you as an individual user, but it does assist us by providing statistics that we can use to improve our service and/or Website.
Disclosure of Personal Information to Third Parties
We may disclose your Personal Information to third parties, including for example, our affiliated manufacturers or suppliers of products. If any Personal Information is provided by us to such a third party, we will endeavour to ensure that the use of that information is limited to the purpose for which the information was collected or for related purposes.
Other than the above and as otherwise expressly stated elsewhere in this Privacy Statement, we will not disclose your Personal Information without your consent unless disclosure is either necessary to prevent a threat to life or health, authorised or required by law, reasonably necessary to enforce the law, or necessary to investigate a suspected unlawful activity.
Access to and Correction of Information about You
If you require access to any Personal Information that we hold about you, or if you wish to update your Personal Information, please contact us (our contact details for that purpose are set out below). We will, on request, provide you with access to your Personal Information, unless there is an exception which applies under the National Privacy Principles, including for the purpose of correcting or updating that Personal Information. We may recover from you our reasonable costs of supplying you with access to the Personal Information we hold about you. Your request to be provided with access to your Personal Information will be dealt with within a reasonable time.
If we refuse to provide you with access to the Personal Information we hold about you, we will provide with reasons for the refusal and inform you of any exceptions relied upon under the National Privacy Principles.
Keeping Your Personal Information Up To Date
We take reasonable steps to ensure that the Personal Information we hold about you is accurate, complete, and up-to-date whenever we collect or use it. If the Personal Information we hold about you is inaccurate, incomplete or out-of-date, please contact us (our contact details for that purpose are set out below) and we will take reasonable steps to either correct your Personal Information, or if necessary, discuss an alternative action with you.
Storage and Security of your Personal Information
Seed Trading takes reasonable steps to protect the security of your Personal Information in accordance with this Privacy Statement. We regularly review and implement new security measures and encryption technologies to help protect the security of your Personal Information. Please note that unfortunately, no data transmission over the internet can be guaranteed to be totally secure.
While Seed Trading strives to protect such information, we cannot ensure or warrant the security of any information or Personal Information you transmit to us or obtain from our Website. Accordingly, use of such services is solely at your own risk.
Once any Personal Information comes into our possession, we will take reasonable steps to protect that information from misuse and loss and from unauthorised access, modification or disclosure.
Some of the ways we do this is by:
- Requiring all our staff to maintain confidentiality;
- Implementing security policies in relation to document storage;
- Implementing security procedures in relation to our computer systems; and
- Ensuring there is access restrictions into our offices and buildings.
Resolving Your Concerns
If you wish to gain access to your Personal Information, have a complaint about a breach of your privacy, or you have any query on how your Personal Information is collected or used, please forward your request, complaint or query to the address below. We will respond to your query or complaint within a reasonable time.
Links to other Websites
The Website may contain links to other websites. Please note that these links are intended for your convenience only. Links to third party websites do not constitute endorsement, sponsorship or approval by Seed Trading of the content, policies or practices of those third party websites.
If you have any concerns regarding your privacy when visiting a linked third party website, you should ensure that you check the privacy statement/policies of those websites.
Changes to This Privacy Statement
We may amend this Privacy Statement as our business requirements change, or the law changes. Any changes to this Privacy Statement will be updated on the Website so please visit the Website periodically to ensure that you have our most current Privacy Statement.
Your continued use of the Website constitutes your acceptance of the collection, use and disclosure of your Personal Information to the extent outlined in this Privacy Statement as amended from time to time.
For further information about the protection of your privacy, please visit the Australian Federal Privacy Commissioner’s website at www.privacy.gov.au.
Feedback and questions about privacy
If you have any questions regarding this Privacy Statement, please contact us at:
The table below lists the cookies we collect and what information they store.
|Cookie Name||Cookie Description|
|FORM_KEY||Stores randomly generated key used to prevent forged requests.|
|PHPSESSID||Your session ID on the server.|
|GUEST-VIEW||Allows guests to view and edit their orders.|
|PERSISTENT_SHOPPING_CART||A link to information about your cart and viewing history, if you have asked for this.|
|STF||Information on products you have emailed to friends.|
|STORE||The store view or language you have selected.|
|MAGE-CACHE-SESSID||Facilitates caching of content on the browser to make pages load faster.|
|MAGE-CACHE-STORAGE||Facilitates caching of content on the browser to make pages load faster.|
|MAGE-CACHE-STORAGE-SECTION-INVALIDATION||Facilitates caching of content on the browser to make pages load faster.|
|MAGE-CACHE-TIMEOUT||Facilitates caching of content on the browser to make pages load faster.|
|SECTION-DATA-IDS||Facilitates caching of content on the browser to make pages load faster.|
|PRIVATE_CONTENT_VERSION||Facilitates caching of content on the browser to make pages load faster.|
|X-MAGENTO-VARY||Facilitates caching of content on the server to make pages load faster.|
|MAGE-TRANSLATION-FILE-VERSION||Facilitates translation of content to other languages.|
|MAGE-TRANSLATION-STORAGE||Facilitates translation of content to other languages.|