In these Terms:
'Affiliates' means BALC-'s directors, employees, consultants, affiliated entities and agents;
'BALC-' means Bale Cotton Pty Ltd
'Cotton' means the cotton offered for sale by way of a Service;
'Service' means the services provided through this Website and other services provided by BALC- from time to time;
'Terms' means these Terms and Conditions of Use of this Website and our Services as amended from time to time in accordance with clause 2;
'Website' means each of the web sites wwwbalc.com.au and www.balecotton.com.
1. ACCEPTANCE OF TERMS AND AGREEMENT TO BE BOUND
1.1 These Terms apply to Your use of the Services provided by BALC- and its Affiliates. If You do not accept all of the Terms, You must cease using the Service.
1.2 By accessing, browsing, using or purchasing through this Service You agree and are deemed to agree to all the Terms and agree to comply with all notices, laws, rules and regulations relating to the Terms and Service.
2. AMENDMENT TO TERMS
2.1 BALC- may amend the Terms from time to time.
2.2 When the Terms are amended, BALC- will post the amended version of the Terms on its Website. Once posted, the amended Terms will be immediately effective.
2.3 The responsibility is Yours to review the Terms each time You access the Website.
2.4 Each time You use the Service (including the Website), You will be deemed to have accepted the Terms applicable at that time. If You do not accept all of the Terms then applying, You must cease using the Service.
3.1 BALC- offers its Services only to persons and entities that may lawfully enter into and form contracts under Australian law.
4. INTEGRITY OF THE SITE
4.1 You must not:
(a) use any device, software, script, process, mechanism or device to disrupt the functioning of the Website or any Service;
(b) take any action that may place an unreasonable burden or excessive load on the Website;
(c) infect the Website with any computer programming regime that may damage, interfere with, delay or intercept any data, information, system or process relating to this Website. This includes, but is not limited to, spy-ware, cancelbot, a virus, worm, time bomb, cookie or Trojan horse;
(d) disclose any password provided to You for the purpose of accessing any part of the Website.
4.2 If at any time you suspect that the password provided to You has been obtained by someone else, You must notify us immediately so we can cancel that password and issue a new password.
4.3 If at any time we suspect that You have breached any of the obligations of this Agreement we may (at our sole discretion) suspend or terminate Your access to our Service and, where applicable, contact law enforcement agencies.
5. NO WARRANTY OR REPRESENTATIONS
5.1 BALC- provides the Service on an 'as is' and 'as available' basis.
5.2 BALC- is offering a service advertising and facilitating the sale of Cotton. Any contract or agreement for the sale of Cotton or other goods will be concluded between the grower and the customer; BALC- is not a party to that agreement and has no liability in respect to that agreement including (but not limited to) the dispatch or receipt of the Cotton or other goods or the payment or receipt of monies.
5.3 All information supplied by BALC- in relation to the Cotton has been received from third parties. BALC- has, however, not inspected or had access to the Cotton, which is represented as being for sale and has not obtained a credit report on the purchaser. If you require more information in relation to the Cotton including the identity of the seller or purchaser (as applicable), the provenance and ownership of the Cotton, payment arrangements or the quality, quantity or availability of the Cotton, you should contact BALC- prior to entering into the agreement for sale or purchase.
5.4 BALC- makes no warranties of any kind (express or implied) including as to:
(a) the accuracy of any of the information provided including (but not limited to) any provenance, ownership, quality, quantity or availability;
(b) the Service;
(c) any Cotton or other goods offered on the Website; or
(d) any transactions that may be conducted on or through the Service.
5.5 To the full extent possible by law, the limitations on liability set out in these Terms include (but are not limited to):
(a) any implied warranties of merchantability, fitness for purpose or title;
(b) any implied warranties arising from trade or industry norms or courses of dealing or conduct;
(c) any representations or assumptions that the Service will be available, accessible, uninterrupted, timely, accurate, secure or fully operational; and
(d) all or any liability, demand, right, claim, proceeding, cost, expense, loss, action, damage or obligation however arising (including those arising by any statutory or common law) including those which arise through any act or omission of BALC- or any negligence by BALC- or its Affiliates.
5.6 To the full extent possible by law, BALC- will not be liable for any loss or damage of any kind including (but not limited to) lost profits or lost revenue.
5.7 You agree to indemnify and keep indemnified BALC- and its Affiliates and each of them from any and all claims, liability, damage and cost brought by BALC- or a third party including (but not limited to) legal fees on a full indemnity basis and any loss or damage caused by Your use of the Service.
5.8 You acknowledge and agree that the releases and discharges set out in these Terms may be pleaded by BALC- as a bar to any action, suit or proceeding commenced now or taken at any time in the future:
(a) against BALC- or its Affiliates; or
(b) to which BALC- or its Affiliates are joined as a party.
6. APPLICABLE LAW
6.1 All sales for the Cotton will be undertaken under the Rules and By-laws of the International Cotton Association, unless BALC- agrees in writing to other terms.
6.2 Other than as specified in clause 6.1, the laws of Queensland and the Commonwealth of Australia which are in force in Queensland with govern this agreement and any other transactions entered into.
6.3 The parties submit to the jurisdiction of the Courts of Queensland, relevant Federal Courts and Courts competent to hear appeals from them.
6.4 If a provision of these Terms is void or unenforceable it must be severed from the Terms and the provisions of the Terms that are not void or unenforceable are unaffected by the severance.
7. MORE INFORMATION
7.1 If You do not understand any of these Terms, contact:
PO Box 196
Telephone: 61 7 4633 5031
Facsimile: 61 7 4633 5068
7.2 No oral explanation or information provided by BALC- affects the meaning or interpretation of these Terms or constitutes any collateral agreement, warranty or understanding.