Agreement to Terms of Use

Please read through these Terms of Use before realising your farming dreams and becoming a member or supporter of Cultivate Farms.

We have tried to keep our Terms of Use easy to understand. Although we have tried our best to do this, in some parts our Terms of Use may still read like a legal contract. There's a good reason for this. Our Terms of Use do form a legally binding contract between you and Cultivate Farms. Please read them carefully.

By accessing the Cultivate Farms Website (“Website”) or Cultivate Farms Application (“Application”/) (referred to together in this document as "Website/Application"), you agree to be bound by these Terms of Use and Cultivate Farms' privacy policy located here (https://www.cultivatefarms.com/privacy) as amended from time to time ("Privacy Policy").

If you don’t agree with the Terms of Use, you must not use our Website/Application.

Cultivate Farms reserves the right to change these Terms of Use at any time. Such changes will be effective immediately upon posting to the Website/Application. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website/Application will be deemed to be your acceptance of any amendments to these Terms of Use.

To receive a copy of these Terms of Use, please email us at here.

Be a great person

We want you to be a great person when you’re on our Website/Application and getting yourself farm-ready.

To do this, we have prepared some principles to guide you:

  1. Be supportive of everyone’s farming dreams. They might not be the same as yours, but there are plenty of farms to go around. If you disagree, move on and focus on making your farming dreams a reality.
  2. Be super positive, encouraging and also know how to have a laugh.
  3. We get that there are different ways to farm, different foods people do and don’t eat and different reasons why we all want to farm. We support them all and we support you in chasing your farming dream.

Kids

If you are under 18 years of age at the date of using the Website/Application, you must have a parent's or legal guardian's consent to do so.

Information about our Website/Application

General Information

Our Website/Application is primarily meant to help you find, share, and promote your pathway to achieving your dream farm. It is also designed to provide you with information about Cultivate Farms, such as events and other interesting things we are up to.

While we try to keep our Website/Application up-to-date and accurate, we take no responsibility for any incorrect information.

Your submissions

Our Website/Application may also include surveys to help us learn about you or your interest in:

  • volunteering to help regional Australia thrive;
  • hosting an event;
  • being part of a news story about your experiences; and
  • newsletter sign-up.

We do not absolutely guarantee any confidentiality or anonymity with respect to any information you provide to us. By submitting information, photos, videos or other materials to us through the website or via email, you expressly give us permission to use such materials for any purpose and represent and warrant that you are the owner of such materials and have the right to permit us to use them for any purpose.

For example, if you fill out our Media Profile survey and email us your photo, you give us your permission to (among other things):

  • shop your story and photo to any media outlets we choose;
  • put any such media outlets in touch with you; and
  • use your information (including, without limitation, your photo and story and any other materials submitted by you to Cultivate Farms) and allow others to use those same materials.

Your account

To find, share, and promote your pathway to your dream farm on the Cultivate Farms Website/Application, you need to create an account with Cultivate Farms.

If you agree, we will provide your information to investors, retiring farmers and our partner organisations who are here to help you realise your farm dream. The information you provide to Cultivate Farms will be used by us in accordance with our Privacy Policy, but our partners may have their own terms of use and/or privacy policies.

Please review our Privacy Policy for more information on how we collect, use, store, share and protect your personal information.

Other Third Party Sites

Our Website/Application may contain links to third-party websites that are not owned or controlled by us. We assume no responsibility for the content, products, services, policies or practices of any third-party websites.

By visiting those websites, you may be subject to the privacy policies and/or terms of use that may apply to those websites.

What's yours and what's ours

Ours

The Website/Application and its original content, features and functionality are owned by Cultivate Farms and are protected by applicable intellectual property and other laws.

Unless otherwise specified, all intellectual and industrial property rights of whatever nature (whether or not registered or registrable) (“Intellectual Property”) in the Website/Application are the property of Cultivate Farms or its licensors and must not be used without our written consent.

Nothing in these Terms of Use provides you with the right to copy, or use the Intellectual Property, including but not limited to, any digital content, trademarks, marketing material, logos, and domain names.

Yours

You retain ownership rights in anything you submit to us through our Website/Application or by email. However, when you submit materials to us (eg. information, photos, videos), you automatically grant us an irrevocable, perpetual, non-exclusive, assignable, royalty-free, world-wide licence to use, replicate, display, broadcast and distribute that material.

Restrictions on Use

Cultivate Farms may at any time and without prior notice terminate or suspend your access to the Website/Application.

For example, we may terminate or suspend your access if you:

  • fail to comply with these Terms of Use or our Privacy Policy;
  • use the Website/Application or its content for any commercial purpose;
  • use the Website/Application or its content for any illegal purpose;
  • attempt to gain unauthorised access to any other user’s computer systems or networks associated with the Website/Application;
  • modify or attempt to modify or in any way tamper with the Website/Application;
  • use the Website/Application or any of its content in a way that may infringe upon the Intellectual Property or other rights of any third party;
  • interfere with or disrupt networks connected to the Website/Application;
  • stalk, harass, threaten, intimidate or harm another; or
  • pretend to be anyone, or any entity, you are not.

Release and Indemnity

In using our Website/Application you release and forever discharge Cultivate Farms, its officers, employees, advisors and agents, from all claims, liabilities and costs of whatsoever nature, that you might have now or in the future, against Cultivate Farms its officers, employees, advisors and agents.

If anyone brings a claim against us related to your actions or use of the Website/Application or any materials submitted by you through the Website/Application, by email or otherwise, you agree to indemnify us and hold us harmless from and against all damages, losses, and expenses of any kind (including, without limitation, legal fees and disbursements) related to such claim.

Risk

You understand and agree that all content and material, whether publically posted or privately transmitted on the Website/Application, is the sole responsibility of the person from whom the content or material originated. This means that you, and not Cultivate Farms, are responsible for any content and material accessed by you on the Website/Application. You understand that by using the Website/Application you may encounter content or material that you may find offensive, indecent, or objectionable, and that you may expose others to such content or material. You understand and agree that your use of the Website/Application is solely at your own risk and that Cultivate Farms will not be held liable.

Liability

Statutory warranties contained in consumer protection law and any other relevant legislative provisions are implied into these Terms of Use. Nothing in these Terms of Use is intended to restrict those implied warranties, and these Terms of Use must be read subject to those relevant statutory provisions.

You understand and agree that Cultivate Farms will not be liable for and does not make any warranties in relation to any:

  • loss or damage, including for negligence, breach of contract, or tort and including any form of consequential loss including but not limited to any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, economic loss, and the like, whether caused directly or indirectly in connection with your use of the Website/Application;
  • information, content, comments, photos, files, images, sounds and the like posted on or transmitted through or linked from the Website/Application which are the sole responsibility of the person who provided them;
  • the use of donations made through our Website or Application; or
  • disruptions to the Website/Application. Cultivate Farms does not guarantee or warrant that the Website/Application will run uninterrupted, at good speed, secure, or without errors from time to time; or
  • modify or attempt to modify or in any way tamper with the Website/Application;
  • corruption or damage to your computer system, tablet, mobile phone, mobile handset or other device which may occur in connection with your use of the Website/Application. You understand that it is your sole responsibility to ensure that any links or the like which you select to use from the Website/Application are free from viruses or any other items which may interfere with, corrupt or damage or affect the operation of your computer system, tablet, mobile phone or other device.

Miscellaneous

These Terms of Use and our Privacy Policy form part of the agreement between you and us regarding the Website/Application, and supersede any prior agreements. Any amendment to or waiver of any provision of these Terms of Use and/or our Privacy Policy must be made in writing and signed by us. If any part of these Terms of Use and/or our Privacy Policy is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce these Terms of Use and/or our Privacy Policy, such failure will not be considered a waiver.

Any terms of these Terms of Use that were, by their nature, intended to survive termination of these Terms of Use will survive any such termination.

Governing Law

This Agreement is governed by and must be construed in accordance with the laws of New South Wales. The parties submit to the non-exclusive jurisdiction of the Courts of New South Wales in respect of all matters or things arising out of this Agreement.

How to provide feedback or make a complaint

If you have a complaint, feedback or suggestion you can contact us using the details below. Once we have received the complaint, we will investigate and respond to you within a reasonable period of time

Cultivate Farms
17 Frere St
Glenroy, NSW, 2640
email: https://cultivatefarms.com/contact/

Alternatively, if you believe that content you own has been copied or made accessible in a manner that violates your intellectual property rights, please notify us immediately by emailing our Copyright Agent at https://cultivatefarms.com/contact/ with the following information:

  • a description of the copyrighted work that you claim has been infringed upon;
  • a description of where the material that you claim is infringing is located on our Website/Application;
  • your address, telephone number, and email address; and
  • why you say that content is owned by you.