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Terms And Conditions

CONDITIONS OF SALE

These terms and conditions disclose the basis on which From Paddock to Plate Enterprises Pty Ltd ACN 613 305 810 (“FP2P“) provides to you the “From Paddock to Plate” online products, program and services (“Products and Services“). You must read these terms and conditions before using the Products and Services.

By submitting payment for the Products and Services, you and any third party on behalf on which you act, accept adhere to and are bound by these terms and conditions. This agreement will continue for the term that FP2P provides the Products and Services to you, other than for certain obligations outlined below which survive beyond the term of this agreement.

FP2P may change these terms and conditions from time to time at its sole discretion. These changes will be effective upon the next renewal period and upon renewal until such further subscription period, or as otherwise notified to you by FP2P from time to time. Your continued use of the platform (the From Paddock to Plate Program on www.frompaddocktoplate.com.au) (“Platform“) and any other Products and Services following any such renewal will represent an agreement by you to adhere to and be bound by the terms and conditions (as amended from time to time).

DISCLAIMER

FP2P provides educational information among other services. In using the Platform and the Products and Services, you acknowledge that FP2P is an information service provider but not an Australian Government accredited educational provider.

FP2P will use reasonable commercial care and attention to provide the Products and Services in the manner described on the website (www.frompaddocktoplate.com.au) (“Website“) and the Platform and to ensure that relevant material is in accordance with the Australian Curriculum. However, FP2P cannot guarantee that all material is compliant with all the Australian Curriculum. If you are unsure whether certain information complies with the Australian Curriculum then FP2P recommends that you seek appropriate independent advice.

FP2P does not make any representation concerning, nor warrant the accuracy, adequacy or completeness of the information provided on the Platform or through any of the Products and Services. FP2P does not accept responsibility for any loss suffered as a result of reliance by you upon the accuracy or currency of information contained on the Platform or in any of the Products and Services.

AUTHORISED USER

You acknowledge that you are entering into these terms and conditions on either an individual basis or on the basis that you are acting on behalf of your employer. If you are acting on behalf of your employer (as applicable), you represent and warrant that you are authorised by your employer to use the Platform and the Products and Services on behalf of your employer and that you have capacity to adhere to and be bound by these terms and conditions and that you are authorised to commit your employer to make this offer of contract for the Products and Services selected in this agreement, or otherwise in your own personal capacity.

You further represent and warrant to FP2P that you are duly authorised and have the power and authority to bind all parties on which you are acting. If you are entering into these terms and conditions on behalf of your employer, you represent and warrant to us that you are duly authorised and have the power and authority to bind your employer. You agree to keep your username and the password that you use to log into the Platform confidential and to ensure that all registered users are aware of and agree to be bound by these terms and conditions.

You are not permitted to share your unique login and password with any third party. Any infringement of FP2P’s intellectual property rights including the copying, reproduction or distribution of FP2P’s information or software outside of the terms of the restricted non-exclusive revocable licence granted above will constitute grounds for immediate termination of your subscription with no reimbursement of any fees to be paid by FP2P to you, in addition to any other action FP2P may take to protect its rights and you will not be entitled to a refund of any fees paid in respect of the relevant subscription.

ONLINE PRODUCTS AND SERVICES

The Products and Services provided by FP2P are as outlined on the Website and the Platform at the date of purchase. As part of FP2P’s continual development program, the Products and Services may change from time to time. FP2P reserves the right to change the Products and Services from time to time. These changes will be effective immediately upon been uploaded on the Platform.

SERVICE AVAILABILITY AND SECURITY

All FP2P servers are managed in a reasonable manner. However, from time to time, delays or interruptions may occur in FP2P providing the Products and Services to you. You acknowledge that FP2P will not be responsible for any such delay or interruptions and that FP2P will not have any liability to you for any failure or delay in delivering the Products or Services to you.

SUBSCRIPTIONS, FEES AND PAYMENT

FP2P Products and Services are provided on the basis of a monthly or yearly subscription and billed on a periodic basis as specified at the time of purchase. Payment will be taken out on the same day each month or year, starting on the date you sign up. Your subscription will automatically continue unless you opt out of the subscription service by following the process set out below in these terms and conditions. Fees are payable by you to FP2P on a monthly or annual basis and non-refundable.

You agree and confirm that your continuing use of the FP2P Products and Services constitutes acceptance of these terms and conditions. If you do not opt out adopting the process set out in these terms and conditions, then your acceptance of these terms and conditions will constitute your affirmative consent to the continuation of your subscription. If your subscription is cancelled or terminated by FP2P before the end of the applicable billing cycle, FP2P will not reimburse you for the remainder of that paid period. You may cancel your subscription at any time. Your subscription must be cancelled prior to the requisite date in order to avoid additional fees charged to you by FP2P.

Your subscription will automatically renew unless you cancel the ongoing subscription. To cancel anytime please log into your FP2P account and select the cancel option which can be accessed on our website: www.frompaddocktoplate.com.au. In such case you must opt out of your subscription adopting the process set out above at least 3 business days’ prior to the expiry of the term of your subscription otherwise your subscription will continue indefinitely and continuing payment will occur. FP2P has a right to vary the terms on which you are provided a subscription.

Your subscription will automatically expire if your payment details expire and are not updated ahead of your next renewal date. Full payment of the FP2P Program and Products and Services must be received on or before the date of your subscription renewal for your subscription to continue.

By continuing to use the Products and Services it constitutes that you agree to these terms and conditions, and you acknowledge that the non-exclusive revocable licence only provides access to the Platform and Products and Services for the period of your subscription.

When you purchase a subscription, you agree to the terms and conditions and you will initially be charged at the rate applicable at the time of your agreement to subscribe. If FP2P later increases the price of the subscription, FP2P will notify you via email. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 3 days’ prior notice before the charge is made. If you are given less than 3 days’ prior notice, the price increase will not apply until the payment after the next payment due.

You must not share, give or sell your password or username to any other person or entity. Excessive viewings or logins by any subscriber will be construed by FP2P as fraudulent use of the Service, which will result in the immediate cancellation of your subscription without refund. When becoming a subscriber, you agree to take all actions possible to protect your username and password from fraudulent use. FP2P reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.

GST

All fees and charges disclosed on the Platform are exclusive of GST at the current rate and may be increased as a result of any changes in the rate of GST. GST has the meaning used in the A New Tax System (Goods and Services Tax) Act 1999 and any applicable rulings issued by the Commissioner of Taxation.

NO REFUND

FP2P reserves the right to terminate your subscription at any time for non-payment of any subscription or for breach of any of these terms and conditions.

If your subscription is terminated or you choose to stop using your subscription, the following will apply:

  • if payment for the entire monthly or yearly subscription period has been received in full, FP2P will be under no obligation to refund any part, or all, of the fees paid for the subscription; and
  • if payment for the entire monthly or yearly subscription period or any other invoice has not been received in full, you remain liable and responsible to pay your then current subscription in full.

PRIVACY

In providing the online products and services to you, FP2P undertakes to comply with the terms of its privacy policy (“Privacy Policy“) where applicable. Please contact FP2P if you wish to view the Privacy Policy.

YOUR INFORMATION

FP2P and its suppliers will take reasonable steps to maintain the confidentiality of and restrict access to your information and will use its reasonable endeavours not disclose any of this information to anyone unless required to do so by law or as otherwise agreed with you. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst FP2P strives to protect such information, FP2P does not warrant and cannot ensure the security of any information that you transmit to FP2P and any information that you transmit to it is transmitted at your own risk.

Subject to the intellectual property attributable to the underlying forms, documents, agreements, templates, notes and alerts, the information provided by you will remain your property. You should make yourself aware of your legal obligations in respect of retention periods for business documents. If you wish to download copies of this information you must advise FP2P in writing before the termination of your subscription.

INTELLECTUAL PROPERTY

Copyright © From Paddock to Plate Enterprises Pty Ltd 2021

To its best knowledge, FP2P either owns or is licensed to use the intellectual property rights, including the copyright, in the FP2P Products and Services and all associated materials, including without limitation, all forms, videos, worksheets, documents, agreements, templates, notes and alerts or materials produced in connection with the online products and services, before or during the term of your subscription, and any material, methodologies, software, know-how or procedures notified or provided to you.

FP2P grants you a restricted non-exclusive revocable licence to use the forms, worksheets, documents, agreements, templates, notes and alerts available as part of the Products and Services and created through the use of those Products and Services within the ordinary course of your education during the term of your relevant subscription. You may not provide, reproduce or communicate any of the online FP2P Program content available on the FP2P website or otherwise, including files downloadable from this website, to any third party. You may not download or reproduce any of the FP2P video content.

The non-exclusive revocable licence to use the Products and Services is in accordance with any licence terms and conditions set forth, notified to or accepted by you at the time the Products and Services are provided to you until acceptance by FP2P or until you are otherwise notified by FP2P that such licence has been revoked.

Any infringement of FP2P’s intellectual property rights including the copying (onto compact disc, digital versatile disc or any other device), reproduction or distribution of FP2P’s information or software outside of the terms of the restricted non-exclusive revocable licence granted above will constitute grounds for immediate termination of your subscription, in addition to any other action FP2P may take to protect its rights. In this event, you must immediately stop all use of the Products and Services and FP2P may immediately take possession of the Products and Services or demand that the Products and Services be deleted, in which case you must permanently delete the Products and Services and provide evidence to FP2P’s sole satisfaction of such deletion.

NO WARRANTY

To the full extent permitted by law, FP2P excludes any and all express or implied warranties, guarantees or representations regarding the accuracy, reliability, timeliness, fitness for purpose or otherwise of any information or advice contained in the forms, documents, agreements, templates, notes and alerts or associated materials produced in connection with the Products and Services.

Where legislation implies any condition or warranty, and that legislation prohibits FP2P from excluding or modifying the application of, or FP2P’s liability under, any such condition or warranty, that condition or warranty will be deemed included but FP2P’s liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.

INDEMNITY

You indemnify and will keep indemnified, defend and hold FP2P harmless from and against any and all liabilities, claims, costs, damages, expenses and losses (including reasonable legal costs and expenses) arising from any claim, demand, suit, action or proceedings by any third party or you, which is related to, or arises out of, or is in any way associated with your use of the FP2P Products and Services, including any videos, worksheets, documents, forms or other materials created through the use of the Products and Services, or which arise through your breach of these terms and conditions.

LIMITATION OF LIABILITY

To the full extent permitted by law, FP2P will not be liable to you for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Platform or of any of the Products and Services nor does FP2P accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Platform or through the Products and Services.

MISCELLANEOUS

  • These terms and conditions are governed by the laws of the State of Victoria, Australia. Both parties irrevocably submit to the exclusive jurisdiction of the Courts of Victoria, Australia.
  • FP2P will provide the Products and Services to you as an independent contractor. No other relationship can be implied.
  • The non-exclusive revocable license to use the Products and Services is restricted to the legal entity or person entering into this agreement. You cannot assign or otherwise transfer the benefit of your subscription without FP2P’s prior written consent (where such consent may be withheld at FP2P’s sole discretion).
  • The waiver by any party of a breach of any of these terms and conditions shall not be construed as a waiver of any succeeding breach or as a waiver of the term or condition itself.
  • The failure of a party, at any time, to require performance by the other party of any provision shall not affect that party’s right to require such performance at any time in the future.
  • If any provision of these terms and conditions is found to be illegal, wholly or partly invalid or otherwise unenforceable then, from the date of the invalidity, illegality or unenforceability, if the offending provision can be read down to make it legal, valid and enforceable without materially changing its effect, it must be read down to the extent necessary to achieve that result and otherwise the offending provision must be severed from these terms and conditions and the remaining provisions shall operate as if the severed provision had not been included.
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