Graham's Factree Website Terms & Conditions and Privacy Policy

TERMS OF USE

Your access to and use of this website is subject to these terms, the Privacy Policy, the Intellectual Property Rights Notice and any other terms contained on this website ("Terms of Use").

Disclaimer

All of the material published on this web site is for information purposes only. The information on this site is current at the date of publication but may be subject to change. Whilst we have made every effort to ensure that information is free from error, we do not guarantee that the information or images are current, complete or correct and accept no responsibility therefore. All information is subject to change without notice. We do not accept liability for errors, omissions in, delays or interruptions to or cessation of access to this website, through negligence or for any other reason whatsoever. We do not guarantee that this website or third party websites will be free from viruses.

Information contained on this website is intended as a guide only and customers are reminded that growth and performance is dependant on a wide range of conditions beyond our control and we make no guarantee as to the suitability of any cultivar for any specific use nor do we recommend any one cultivar in preference to another or claim to be an authority on any one cultivar. All information is believed to be correct and is the result of private inquiries and experiences and is given in good faith. We disclaim all liability for loss suffered as a result of reliance on the matters set out in this website.

We advise that the stock seen on this website is only available for purchase in Australia. Although we expect that stock shown on this website will be available, we cannot guarantee such availability.

IMPORTANT NOTICE TO INTENDING PURCHASERS OF NEW VARIETIES

Prior to ordering any variety of fruiting cultivar for commercial purposes you need to know of and accept the following:

The cultivar that you wish to order may have been obtained from outside Australia and Graham's Factree may not know how it will perform or whether it will succumb to any virus or disease. Graham's Factree makes no representations about these matters.
The cultivar and the understock on which it has been worked may not have been fully evaluated and consequently Graham's Factree is not able to make any representations about the cultivar and the understock on which it has been worked, its performance, or in relation to any other matter at all.
You acknowledge that you understand the risk which you take if you purchase a new variety and by placing an order you do so entirely at your own risk.
Because the cultivar may not have been fully evaluated it may in the future succumb to viruses or disease or understock / scion incompatibility.
If you purchase the cultivar for use in the course of your business, you are not a consumer for the purposes of Part 5 Division 2 of the Trade Practices Act. In which case you will not be entitled to protection as a consumer under Part 5 of Division 2 of the Trade Practices Act.

Links to Other Websites

References to other sites are provided as an information service only and should not necessarily be construed as an endorsement or approval. Conversely, omissions should not be construed as non-endorsement or disapproval.

Although every care is taken to provide links to suitable material from this site, the nature of the Internet prevents us from guaranteeing the quality, suitability, completeness or accuracy of any of the material that this site may be linked to. Consequently, we can accept no responsibility for the content of that material including any unsuitable or inaccurate material that may be encountered.

Also, we are not responsible for the accuracy or legitimacy of information found elsewhere on the Internet and there is no guarantee that any of the sites listed will be available at any particular time.

We do not guarantee any services which might be announced nor provide any authorisation direct or indirect relating to use of information or links.

Limitation of Liability

Subject to any terms implied by law and which cannot be excluded, we accept no responsibility or liability for any loss, damage, cost or expense, whether direct or indirect (including but not limited to legal costs and defense or settlement claims) whatsoever arising out of or referable to material on this website or to material on the website of a third party whether in contract, tort including negligence, statute or otherwise.

Our liability for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at our option, to:
(a) the supply of the goods or services again;
(b) the repair of the goods; or
(c) the payment of the cost of having the goods or services supplied again or repaired.

Intellectual Property Rights Notice

We assert copyright and all other intellectual property rights in this web page and code used to create it, unless otherwise stated. All trade marks which appear on this web page are our property and are indicated by the appropriate symbol.

We also reserve copyright and all other intellectual property rights in all our documents and images appearing on or linked to this web site. Users of this web site may download a single copy of these documents and images for their personal use only.

Except where allowed in this notice or permitted under the Copyright Act 1968 (Cth) or other applicable laws, no information appearing on or linked to this web site in which we have reserved copyright shall be reproduced in any form, adapted or transmitted in any from by any process, including electronic form, without our express permission.

We own or are licensed to use the trade marks which appear on this website.

We are the owner of copyright in the library code used to create this website.

Withdrawal and Suspension of Service

We may withdraw completely, or suspend for a period of time, this website, or access to it for any reason including without limitation:
(a) if there is an interruption, fault, virus, unauthorised access, denial of service or other malicious attack on any part of our computer or telecommunications system;
(b) if you breach any part of these Terms of Use;
(c) if you use this website for an inappropriate purpose, including the storage or transmission of inappropriate or offensive material.

Acceptance and Changes to Terms of Use

You acknowledge and accept that your use of this website indicates your acceptance of these Terms of Use, the Intellectual Property Rights Notice and the Privacy Policy.

These Terms of Use replace any other terms of use for this website published on this website to date. We may at any time vary the Terms of Use by publishing variations on this website. You accept that by doing this, we have provided you with sufficient notice of the variation.

Goods and Services Tax

If GST is imposed on any supply made by us through this website, you must pay to us, in addition to any consideration payable or to be provided by you for this supply, an additional amount for the supply calculated by multiplying the prevailing GST rate by the consideration for the relevant supply payable or to be provided (without any deduction or set-off) by you under any other clause in these Terms of Use. Any amount payable by you is payable on demand by us, whether such demand is made by an invoice or otherwise.

Termination

If, in our reasonable opinion, you breach any of these Terms of Use, we may suspend, terminate or limit your access to this website and terminate the Terms of Use effective immediately.

If any of these Terms of Use are invalid or unenforceable, the relevant term will be struck out and the remaining terms will remain in force.

If we do not act in relation to a breach by you of these Terms of Use, this does not waive our right to act with respect to subsequent or similar breaches.

Governing Law

This notice and the information on this site and all matters relating thereto are governed by and are to be construed according to the laws applicable in the State of Victoria, Commonwealth of Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia and the courts of appeal from them for determining any dispute concerning these Terms of Use.

Contacting the Website

If you have any questions about these Terms of Use or the attached Privacy Policy, the practices of this site or your dealings with this website, you can contact:
Graham's Factree
160 Thonemans Rd
Hoddles Creek VIC 3139, AUSTRALIA
[email protected]

PRIVACY POLICY

Graham’s Factree Pty Ltd (hereinafter referred to as “Factree”) respects the privacy of everyone that we deal with or that uses any of our internet sites and facilities. This Privacy Policy sets out the basic details of how we collect and use the personal information that we may collect in the course of our business activities.

Factree may from time to time collect personal information from individuals. Factree is committed to complying with the Privacy Act 1988 (Cth) regarding the manner in which we handle your personal information and how we respond to your requests to access and correct it. This document sets out our information handling procedures and the rights and obligations that both you and we have in relation to your personal information. The Privacy Act does not apply to companies.

We point out that if Factree is not able to collect your personal information then we will be unable to provide you the level of service that we consider is appropriate and / or any credit facilities that the company may otherwise be able to offer.

How we collect your information

Our primary source of information collection about you is through correspondence and communications we engage in with you, for example, through application forms, other correspondence, telephone conversations and emails. We may also collect information from sources that are publicly available such as websites, journals and phone books. We may also make use of cookies on our website to collect personal information about visitors to the site.

Kinds of information that we hold about you

We only hold information about you if it is relevant to providing the services and products that we provide and / or relative to history of our dealings with you. Such information generally includes your name, address, contact details, type of business, payment details, delivery locations and instructions for your business, inventory of all products that we supply to you, account number, records of correspondence and billing documents.

How we hold your information

Depending on the circumstances, we may hold your information in either hardcopy or electronic form, or both.

How we use or disclose your information

The use to which we can put personal information depends on the reason for which it was collected. Factree may use personal information for its primary purpose of collection (ie. the supply of goods to the person) or for any related secondary purpose that we could reasonably be expected to use the personal information for.

We use your personal information:

To provide you with our products and services;
To administer our customer relationship with you;
For internal purposes such as procedural assessments, risk management, product and service reviews, staff training, accounting and billing; and
To identify, and inform you of products and services that may be of interest to you including direct marketing to you.

If you are one of our suppliers, we may use your information to facilitate our business relationship with you, for example, to assess goods or services that you supply.

Generally, we will only use or disclose your personal information for a purpose that is related to the product or service that we are providing to you or that we have previously provided to you. This may include disclosures to organisations that provide us with professional advice and / or services, such as solicitors, accountants and business advisors, associations relative to intellectual property rights protection and to contractors to whom we out-source certain functions, such as mailing houses, electronic network administrators, intellectual property rights protection associates and debt collection agencies. However, where possible, we take contractual measures, and in all other circumstances, take all reasonable measures, with our contractors to ensure that they comply with the privacy standards set out in the Privacy Act 1988 (Cth). We may also disclose information where it is expressly permitted under the Privacy Act 1988 (Cth), for example, where it is with your consent or where we are legally required to do so, such as under a court order or taxation laws.

In some instances, Factree may use personal information for promotional or direct marketing purposes. However, a person may at any time request us not to use their personal information for sending direct marketing material to that person. Such a request can be made to Factree in writing, by email or by telephone at the contact details nominated below relative to opting out and / or direct marketing. There is no fee for making such a request.

Factree shall otherwise only disclose personal information to third parties without the prior consent of the person to whom it relates if the disclosure is:

(i) necessary to protect or enforce any of Factree’s legal rights or interest or to defend any claims;

(ii) necessary to prevent or lessen a serious threat to a person’s health or safety;

(iii) required or authorised by law; or

(iv) permitted by another exception in the Privacy Act.

How we secure your information

Factree respects the privacy of personal information and we will take all reasonable steps to keep it strictly confidential. All stored information is protected from unauthorised access through the use of secure passwords and user log-ons or other security procedures.

Your right to lodge a complaint

If you are not satisfied with how we have handled your personal information, or want to complain that there has been a breach of an Australian Privacy Principle or any APP code which applies you are entitled to lodge a complaint with the Federal Privacy Commissioner. Information regarding how to lodge a complaint is available from the Commissioner’s website at www.oaic.gov.au or by ringing the Commissioner’s information line on 1300 363 992. However, before investigating a complaint, the Commissioner is legally required to be satisfied that you have first expressed your concern to us to afford us an opportunity to resolve the complaint directly, unless it is inappropriate for you to do so. You may lodge a complaint with our Privacy Officer either by mail at Factree Pty Ltd c/- 160 Thonemans Road, Hoddles Creek, Victoria 3139, or by email to [email protected]. We will inform you of who will handle your complaint and you may contact our Privacy Officer to enquire about its stage of progress at any time. We will do our utmost to ensure that your complaint is resolved to your satisfaction.

Your right of access

A person may request access to personal information about them that is held by Factree. Such request must be made in writing to the Privacy Officer either by mail at Factree Pty Ltd c/- 160 Thonemans Road, Hoddles Creek, Victoria 3139, or by email to [email protected].

Our Privacy Officer, once satisfied that your identity is verified, will deal with your request as soon as reasonably possible. Factree may charge a small fee for providing access if it requires a significant amount of time to locate your information or to collate or present it in an appropriate form.

A request to access personal information may be rejected if:

(a) the request is frivolous or vexatious;

(b) providing access would have an unreasonable impact on the privacy of another person;

(c) where it relates to legal proceedings between us through which the information would not otherwise be available and / or providing access would prejudice any of Factree’s legal rights;

(d) where it would be prejudicial to negotiations that Factree may be having with the relevant party / person;

(e) where we are required by law to withhold the information;

(f) where it would reveal information relating to our commercially sensitive decision making processes; or

(g) there are other legal grounds to deny the request.

If we are unable to provide you with access, we will state why this is so and consider whether the use of an intermediary would be appropriate to provide you with an explanation of your personal information.

You may correct your information

If your personal information is inaccurate, out-of-date, incomplete, irrelevant or misleading, you may request we correct the information and we will consider your request. In the unlikely event that we disagree about the accuracy of the information and are unable to change it, you may provide us with a statement indicating that you dispute its accuracy and we will associate the statement with your information in such a manner that it will be brought to the attention of each person who uses the information.

Cookies

Cookies are small text files placed by web browsers on a user’s computer. Cookies are used to identify your activity on websites you visit. We may from time to time use cookies or similar devices to enhance the quality of the services provided by this website. All cookies placed by us will be for use by our website only. With the exception of disclosure required by law, no information collected by us will be divulged or made available to any third party other than members of Factree, without your express consent. Please contact us at [email protected] if you have any difficulties accessing the website, or you have any queries in relation to this matter.

Opting out

You may at any time opt out of receiving any information you have previously requested from us or that we provide to you by following the procedures for opting out set out on the website. If you have any problems with opting out of any ongoing services provided by us, please contact us at [email protected] advising us of your request in this regard.

Third party sites

This website may contain links to other websites. We are not responsible for the privacy practices or the content of such websites and cannot control the use of information that you may provide to any other website, even if you have access to that site via this website.

Direct marketing

We would like to directly market to you about goods and services that we believe may be of interest to you, however, we understand that you may not wish to receive such material. If so, please inform our Privacy Officer of this in writing either by mail at Factree Pty Ltd c/- 160 Thonemans Road, Hoddles Creek, Victoria 3139, or by email to [email protected] and we’ll ensure that your name is removed from our direct marketing list.

Transfer of your information overseas

We will only transfer your personal information overseas in a manner that complies with the Privacy Act.

We may need to change our privacy policy from time to time

Due to changing business circumstances, we reserve the right at our discretion to change, modify, add or remove portions of this Policy at any time. If we do, we will endeavour to ensure that your overall level of privacy protection is not diminished. Any changes will be posted on the site. Please check this page from time to time for changes.

Children

This website is not intended for children and we ask that users under the age of 18 not submit any personal information to us. If you are under the age of 18, you may use this site only in conjunction with a parent or guardian.

Any further queries on our policy

If you have any further queries regarding our Privacy Policy we are happy to provide you with further information regarding your privacy. Please direct any enquiries to the Privacy Officer either by mail at Factree Pty Ltd c/- 160 Thonemans Road, Hoddles Creek, Victoria 3139, or by email to [email protected]

By accessing or using this website, you agree to the terms of our Privacy Policy as outlined above. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THIS SITE.