We agree to you accessing this website on these terms. If you are accessing as, or for, a corporate entity or as agent or trustee of a person, you agree that you have the authority to bind that entity or person to these terms, and you are bound by these terms as a trustee or agent of that person.
Purpose of this website
This website is intended to provide you with general information only. All content available on this website is of a general nature only and may not be suitable for your particular purposes. You should obtain independent expert advice if you are considering relying on any information published on this website.
We may, at our sole discretion, vary or modify these terms by posting our updated terms on this website. Any subsequent access to, or use of, this website by you will constitute an acceptance of those varied terms.
This website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of www.avocado.org.au are copyrighted as a collective work under the Australia copyright laws.
Avocados Australia Limited owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.
Users may download copyrighted material for personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Avocados Australia Limited and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The user acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
Compliance with directions
You agree to comply with all directions or instructions we notify you of from time to time regarding your access to and use of this website (including by way of notice provided via the website).
Accuracy of content
Whilst we will endeavour to keep this website up to date and accurate, we cannot guarantee that the information on this website will be up to date or accurate. You should conduct your own investigations and satisfy yourself as to whether information on this website is accurate or up to date.
Linked websites and hyperlinks
This website may contain links to other websites. These links are provided for convenience only and should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites. We are not responsible for the content or privacy practices associated with the linked websites.
We will take all reasonable steps to ensure the security of this website. However, data transmissions over the internet cannot be guaranteed to be totally secure. Whilst we strive to protect information you transmit to us or which we store, we do not warrant and cannot ensure the security of such information.
Disclaimer of Warranty; Limitation of Liability
The user expressly agrees that use of this website is at the user’s sole risk. Neither Avocados Australia Limited, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that this website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of this website, or as to the accuracy, reliability or content of any information, service or product provided through this website.
This website is provided on an ‘as is’ basis without warranties of any kind, either express or implied, including, but not limiting to, warranties of title or implied warranties of merchantability or fitness for a particular purpose.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause or action. The user specifically acknowledges that Avocados Australia Limited is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with the user.
In no event will Avocados Australia Limited, or any person or entity involved in creating, producing or distributing this website or the Avocados Australia Limited software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use this website. The user hereby acknowledges that the provisions of this section shall apply to all content on the site.
The user agrees to defend, indemnify and hold harmless Avocados Australia Limited, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the website by the user or user’s account.
This Agreement and any operating rules for this website established by Avocados Australia Limited constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Queensland, Australia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.