Conditions governing the provision of services by Wheat Watch Pty Ltd.
These Terms of Service ("Terms") govern the provision of grain quality monitoring, classification, laboratory analysis, supply chain auditing, export certification, training, and advisory services by Wheat Watch Pty Ltd (ABN 96 698 257 117) ("we", "us", "our") to you ("Client", "you"). By engaging our services, you agree to be bound by these Terms.
We agree to provide the services described in the scope of work, proposal, or service agreement issued to you. Services are delivered in accordance with relevant Australian industry standards and our internal quality protocols. Any variations must be agreed in writing by both parties.
You agree to:
Fees are as set out in the applicable proposal or agreement. Invoices are payable within 30 calendar days of the invoice date unless otherwise agreed. We reserve the right to suspend services or withhold reports if payment is overdue.
All reports, test results, classification data, methodologies, and documentation produced by us in the course of providing services are our intellectual property. We grant the Client a non-exclusive, non-transferable licence to use such materials for the internal business purposes for which the services were engaged. The Client must not publish, distribute, or reproduce our reports without our prior written consent.
Each party agrees to keep confidential all information disclosed by the other in connection with the services, except where disclosure is required by law or with the disclosing party's consent. This obligation survives termination of these Terms.
To the maximum extent permitted by law, including the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010):
We warrant that our services will be rendered with reasonable care and skill in accordance with industry standards. We give no warranty regarding the accuracy of information or samples provided by third parties. Our reports reflect the condition of samples or sites at the time of inspection only and do not guarantee future condition.
Either party may terminate a service agreement by giving 14 calendar days' written notice. We may terminate immediately if the Client breaches these Terms and fails to remedy the breach within 7 days of notice. Upon termination, the Client must pay for all services provided up to the date of termination.
These Terms are governed by the laws of Victoria, Australia. Each party submits to the exclusive jurisdiction of the courts of Victoria and any courts competent to hear appeals from those courts.
If a dispute arises, the parties agree to attempt to resolve it through good-faith negotiations. If resolution cannot be reached within 21 days, either party may refer the matter to mediation in Victoria before commencing legal proceedings.
These Terms constitute the entire agreement between the parties with respect to the services. Our failure to enforce any provision does not constitute a waiver. If any part of these Terms is found to be unenforceable, the remaining provisions continue in full force and effect.
For enquiries regarding these Terms, please contact:
Email: [email protected]