Terms & Conditions

These Terms and Conditions (Terms) govern your use of our Services offered by A.J GOODEN & K.V GOODEN (ABN 98 276 566 406) trading as AGRIHUB CO. (we, us, our), and form a binding contractual agreement between us, and you.

These Terms are important and should be read carefully. Any questions about these Terms must be directed to us in writing at kmarshall@agrihubco.com.au before engaging our Services.

Subject to any subsequent agreements you may be required to enter with us, these Terms constitute the entire agreement between you and us and supersedes all prior agreements, conduct, representations and understandings. You confirm you have not entered into this agreement on the basis of any representation that is not expressly incorporated into these Terms.

1. Definitions

1.1 Account means the account you create with us to use our Services.

1.2 Advertisements means advertisements published on our website in connection with our Services.

1.3 Advertisers means users of our website who publish the Advertisements on our website following the completion of the Advertisement Creation Form.

1.4 Advertisement Creation Form means the form an Advertiser will have to complete in order to publish an Advertisement.

1.5 Advertiser Services and Products means the services and products sold by the Advertiser.

1.6 Advertisement Fee means the fee payable as a result of the publication of the Advertisement as set out on our website.

1.7 Advertisement Listing Period means the length of time that the Advertisement is active on our website.

1.8 Equipment means any equipment which has been hired by a user of the Services in accordance with an Advertisement.

1.9 Equipment Hirer means a person who has hired equipment in connection with the Advertisement.

1.10 Job Applicant means any applicant who has applied for a position as a result of viewing the Advertisement.

1.11 Job Applicant profile means any user of our website who is seeking employment.

1.12 Services means our facilitation of an online platform for Advertisers in the agricultural sector to promote job vacancies and the availability of dry hire equipment.

1.13 Viewers means those viewers of the Advertisements.

2. Acceptance of Terms

2.1 By paying any amount to us in respect to the Services, by using our website, or otherwise instructing us to proceed with the Services in writing, you acknowledge that you have read and understood these Terms and agree to be bound by them, and all our other policies.

3. Variations to Terms

3.1 We reserve the right to update and change these Terms from time to time subject to notice being provided.

3.2 You will be subject to the Terms in force at the time when you engage our Services, unless agreed otherwise by both parties in writing.

4. General Disclaimer

4.1 We provide the Services on an "as-is" and "as available" basis and whilst every effort is taken to ensure the content provided is accurate, we make no representations and give no guarantees or warranties about the suitability, reliability, availability, timeliness and/or accuracy of the content or information provided by us.

4.2 It is your responsibility to independently verify the content and information provided by us.

4.3 None of the information or content provided by us are a promise or guarantee of results or future earnings. Any information given (including case studies) is purely based on experience and is for illustrative purposes only.

4.4 You acknowledge and agree that we, our employees, affiliates and representatives are not responsible for decisions that you may make, or for any consequences, undesired or otherwise, that may flow from your engagement of the Services.

4.5 Any testimonials and examples of our Services, wherever published (online or in print) are not to be taken as a guarantee that you will achieve the same or similar results.

4.6 We make no warranty, representation, or guarantee regarding the suitability of our Services for any particular purpose, nor do we assume any liability whatsoever arising out of the application or use of any Service. It is your responsibility to independently determine suitability of any Service and to test and verify the same.

5. Services Specific Disclaimer

5.1 You understand and acknowledge that we simply provide a platform to facilitate the publication of the Advertisement and are not liable to you in the following circumstances:

(a) where a Job Applicant sustains any injury during the course of their engagement with the Advertiser;

(b) where the Advertiser has made false or misleading statements in relation to the Advertisement, the Advertiser Services and Products or the Equipment;

(c) where a Job Applicant has made false or misleading statements as to their working rights, including any false claims in relation to their Visa or Citizenship status;

(d) where a Job Applicant has made false or misleading statements as to their qualifications;

(e) where an Advertiser does any act (including any omission) during the course of the Job Applicant’ engagement which causes any loss to the Job Applicant. For the sake of clarity, this includes any personal or property damage sustained to the Job Applicant; and

(f) where the Equipment Hirer damages, steals or loses any Equipment (including any parts).

5.2 Nothing in clause 5.1 should be construed as limiting the circumstances in which we are not liable to you for your use of our Services, except as required under any applicable laws.

5.3 We cannot and do not make any guarantees about your ability to achieve results or earn any money with our Services. You acknowledge that there is an inherent risk and uncertainty in any business enterprise or activity and agree there is no guarantee that you will achieve results or earn any money as a result of your use of our Services.

5.4 You also understand and acknowledge that we use third party service providers such as Glide and Squarespace to assist in the provision of our Services, we will not be held liable for any acts or omissions committed by these third party services providers which are beyond our reasonable control.

6. Registering your Details and Creating an Account

6.1 In order to use our Services, you must create an Account.

6.2 You must provide accurate, complete and up-to-date information, as requested, and it is your responsibility to inform us of any changes to your information. We may request a range of information including your name, email address, telephone number and ACN/ABN where applicable.

6.3 We may at any time request a form of identification to verify your identity.

6.4 In order to access your Account, you are required to login with your email address. Once you have attempted to login, a 5 digit pin will be sent to that email address.

6.5 You must ensure the security and confidentiality of your Account details, including any username. You must notify us immediately if you become aware of any unauthorised use of your registered details.

7. Representations and Warranties

7.1 As a user of our Services (whether as an Advertiser or Viewer), you represent and warrant that:

(a) all information you have provided to us is accurate and truthful;

(b) you have the necessary skills and expertise as required;

(c) any content published on our website by you (including Advertisements or via Job Applicant Profiles) does not infringe any third party’s rights, including but not limited to, any intellectual property rights in such content which may exist;

(d) you will not use our Services to partake in, or facilitate, any illegal activity; and

(e) any Advertisements published will only include accurate information, including but not limited to the available role and the quality of any Equipment.

8. Your Obligations

8.1 During the delivery of our Services, you agree to:

(a) complete the Advertisement Creation Form should you wish to publish an Advertisement;

(b) respond promptly to our communications in relation to the Services;

(c) provide, within a reasonable amount of time, accurate, complete and current information or documentation reasonably required by us to perform the Services; and

(d) act in good faith.

8.2 When providing our Services, we may request that you provide us with responses, feedback, completed questionnaires, copy content, images and other information so we can best deliver our Services. You agree that you will provide any such information in a timely manner. Any delays in receiving this information may result in information not being provided by us to you.

9. Copyright and Trade Mark Notices

9.1 All material provided by us during the provision of our Services, including any forms such as the Advertisement Creation Form (Our Content), is our intellectual property and subject to copyright. You must obtain our prior written permission if you would like to copy or reproduce our Content. Modification of our Content is a violation of our copyright and other proprietary rights and is strictly prohibited.

9.2 You acknowledge that you do not acquire any ownership rights by using our Content.

9.3 The trade marks, logos, and service marks displayed on our Content to denote our brand are either our registered or unregistered trade marks (our Marks). Our Marks, whether registered or unregistered, may not be used in connection with any product or service that does not belong to us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us.

9.4 Nothing contained in our Content or our Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any our Marks without our express written permission.

9.5 You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that we will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

9.6 This clause survives termination of these Terms.

10. Right to Suspend, Terminate and Refund

10.1 We reserve the right to suspend or terminate your use of our Services generally if you breach these terms, as determined by us in our sole discretion.

10.2 You may terminate your use of our Services for any reason by sending a notice of termination to the email address listed in these Terms.

10.3 We may also terminate your use of our Services for any reason by providing you with 14 days written notice via our website and/or direct to the email address which is directly linked to your Account.

10.4 Refunds are not provided for our Services, other than in accordance with the Australian Consumer Law, as set out in Schedule 2 to the Australian Competition and Consumer Act, 2010 (Cth).

10.5 Any refund requests will be assessed on a case-by-case basis, in accordance with the costs associated with each Service delivered by us.

11. Fees

11.1 Our Advertisement Fee is contingent upon the length of the Advertisement Listing Period.

11.2 All Fees for our Services are in Australian Dollars (AUD).

11.3 All Fees are exclusive of GST (if applicable) unless indicated otherwise.

11.4 We reserve the right to modify, cancel and limit the Advertisement Fee at our sole discretion.

12. Payments

12.1 The Advertisement Fee must be paid via our third-party service provider(s) Stripe and may include other third parties as nominated by us from time to time.

12.2 You acknowledge that the Advertisement Fee will be payable when you complete the Advertisement Creation Form. Once you have completed the Advertisement Creation Form you will be directed to a payment page where you are required to pay the Advertisement Fee.

12.3 We may send you invoices directly in relation to any Services which are not included in our standard Service offering.

12.4 We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.

12.5 You must pay us the Advertisement Fees and other amounts without set-off or claim under any circumstances, including if a dispute exists in relation to the Services provided.

13. Discounts, Promotions and Offers

13.1 From time to time, we may offer the opportunity to purchase our Services at a discounted or promotional price, subject to these Terms.

13.2 Any discounts, promotions and offers will be confined to the time period and additional terms of sale in accordance with the details of that respective discount, promotion and/or offer as communicated to you by us.

14. Liability is Limited

14.1 We provide the Services on an "as is" basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by Law. Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in these Terms to the maximum extent permitted by Law.

14.2 Without limiting the generality of clause 14.1, we expressly exclude any liability in contract, tort or otherwise for any injury, damage, loss, delay or inconvenience caused directly or indirectly by your use of our Services.

14.3 Subject to the other terms of this clause, our maximum aggregate liability owed to you in for any loss or damage or injury arising out of or in connection with the supply of our Services under these Terms, including any breach by us of these Terms however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the actual charges paid by you under these Terms in the one month period preceding the matter or the event giving rise to the claim.

14.4 The disclaimers, limitations of liability and indemnities within these Terms do not exclude rights that may not be excluded by law, including but not limited to, those rights under the Australian Consumer Law.

14.5 If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law that cannot be excluded, our total liability to you for that failure is limited to, at our option, to the resupply of the Services or the payment of the cost of resupply.

14.6 Subject to the other terms of this clause, we exclude any liability owed to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms, including any loss of profits, loss of sales or business, loss of production, loss of agreements, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill or reputation or loss of use or corruption of data or information.

14.7 This clause applies to the fullest extent permitted by Law and shall survive termination of these Terms.

15. Indemnity

15.1 You agree to indemnify us and our officers, agents, partners, directors, shareholders and employees and subcontractors, against any direct losses, liabilities, costs, charges or expenses and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by us arising out of or in connection with:

(a) your use of our Services;

(b) any claim made against us or you by a third party arising out of or in connection with the provision of our Services and/or these Terms;

(d) any reliance by you or a third party on our Services or any advice or information provided in connection with the provision of our Services and/or these Terms; and

(e) the enforcement of these Terms.

15.2 You must make payments under this clause in full without set-off or counterclaim, and without any deduction in respect of taxes unless prohibited by Law.

15.3 We are not responsible, and expressly limit our liability to the extent permitted by law, which is without limitation to your rights under the Australian Consumer Law, for damages of any kind arising out of use, reference to, or reliance or use on any information provided during the provision of our Service.

15.4 This clause survives the termination of this Agreement.

16. No Disparagement

16.1 At all times, you must not make any public or private statement or comment, whether oral or in writing, which in our reasonable opinion is adverse to the interest, reputation or commercial standing of or is in any respect a disparaging remark or representation about us and/or any of our Services nor any statement that is false and does or has the tendency to damage our reputation of by any method including but not limited to any social media platform or review website anywhere in the world.

16.2 Should you breach this clause, you hereby indemnify us in accordance with clause 15 above.

17. Force Majeure

17.1 We will not be in breach of these Terms or liable to you for any Loss as a direct result of our failing or being prevented, hindered or delayed in the performance of our obligations under these Terms where such prevention, hindrance or delay results from a Force Majeure Event.

17.2 If a Force Majeure Event occurs, we will notify you in writing as soon as practicable and that notice must state the particulars of the Force Majeure Event and the anticipated delay.

17.3 On providing the notice in the above clause, we will have the time for performance of the affected obligations extended for a period equivalent to the period during which performance has been delayed, hindered or prevented, however, we will continue to use all reasonable endeavours to perform those obligations.

17.4 The performance of the affected obligations will be resumed as soon as practicable after such Force Majeure Event is removed or has ceased.

17.5 References to a Force Majeure Event in this clause means: events, circumstances or causes beyond a party’s reasonable control including (but not limited to):

(a) strikes, lock-outs or other industrial action;

(b) civil commotion, riot, invasion, cyber-attack, service attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(d) epidemic, pandemic, health emergencies, disease;

(e) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

(f) interruption or failure of utility services (including the inability to use public, private telecommunications networks, servers or third party hosting platforms); and

(g) the acts, decrees, legislation, regulations or restrictions of any Government Agency; however does not include a lack of funds.

17.6 References to Loss in this clause means: any loss, liability, cost, charge, expense, Tax, Duty or damage of any nature whatsoever, including special, incidental, or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).

18. Severability

18.1 If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

19. No Assignment

19.1 You cannot transfer or assign your rights in accordance with these Terms, including any membership or registration with us, without our prior written consent.

19.2 We may assign or transfer our rights and obligations under these Terms at any time, upon prior written notice to you of at least 4 calendar weeks.

20. Sub-contracting

20.1 We are free to sub-contract any of our obligations under these Terms, but such sub-contracting will not release us from our liabilities under these Terms.

21. Binding on Successors

21.1 These Terms shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.

22. Dispute Resolution

22.1 If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause.

22.2 Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.

22.3 In the case of claims against us, all notices are to be provided to kmarshall@agrihubco.com.au.

22.4 If the dispute is not resolved by agreement within 10 business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further 10 business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.

22.5 Once a mediator is appointed, the parties agree that:

(a) The costs of the mediator shall be borne equally between the disputing parties.

(b) The chosen mediator shall determine the procedures for mediation.

22.6 If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.

22.7 Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.

22.8 Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.

22.9 This clause survives termination of these Terms.

23. Applicable Law

23.1 These Terms shall be construed in accordance with and governed by the laws of the Northern Territory, Australia. You consent to the exclusive jurisdiction of the courts in the Northern Territory, Australia to determine any matter or dispute which arises between us.

24. Your Feedback

24.1 We welcome enquiries or feedback. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential. Please see our Privacy Policy for further details.

24.2 If you have questions or comments regarding our Services, please email us at kmarshall@agrihubco.com.au.