Term & Conditions for DailyGrain® Membership
DailyGrain® is owned and operated by DailyGrain Pty Ltd (ACN 129 806 444). This document sets out the terms and conditions that apply to all websites and services that display DailyGrain logos.
Terms and conditions
Use of our sites and services is subject to these terms and conditions. If you do not agree to these terms then do not use our sites or subscribe to our services.
We reserve the right to update our terms and conditions at any time and will post such changes on our sites.
In our terms & conditions we , us and our refer to DailyGrain Pty Ltd (ACN 129 806 444) and DailyGrain. Our sites and services refers to any websites operated by DailyGrain Pty Ltd (ACN 129 806 444) and any internet or email based services provided by DailyGrain Pty Ltd (ACN 129 806 444).
Privacy Policy
DailyGrain Pty Ltd (ACN 129 806 444) (“we”, “our” “us”) understands the importance of the privacy of people who visit our website at http://www.dailygrain.com.au (“Website”) or subscribe to our services. The following explains how we may collect, handle and use personal information.
Terms in this policy have the same meanings as defined in the User Agreement to use our online grain trading platform.
By using the Website you consent to the terms of this Privacy Policy and the collection, use and disclosure of your personal information described in this policy. If you do not agree with any term of this policy or do not consent to the collection, use and disclosure of your personal information described in this policy, please do not use the Website or our services.
We will review and change this Privacy Policy from time to time and inform you of any changes to this policy.
Types of Personal Information
Personal Information is any information or opinion (whether true or not) about you. It may include your name, address, telephone number, email address or even membership of a professional organisation.
Collecting Personal Information
We will not collect any personal information unless we consider it necessary for the functions, facilities and activities of the Platform and our services made available to Members and Users. Situations in which we may collect personal information include:
(a) when you register as a Member of the Platform;
(b) when you access the Platform or any of the Platform’s functions, facilities and activities or when you use our services;
(c) when you email us as part of using our services;
(d) when you subscribe to our mailing list;
(e) when required by law; and
(f) when dealing with certain government agencies.
Disclosure and Use of Personal Information
We use personal information to enable Members and Users to use the Platform and our services and also for our market research purposes.
We will not use or disclose personal information about an individual for a purpose other than:
(a) the purpose for which it was collected;
(b) a related purpose which the individual would reasonable expect;
(c) a purpose required or permitted by law; or
(d) a purpose for which we have obtained the consent of the individual.
We may disclose your personal information to:
(a) Members and Users of the Platform;
(b) an agent acting on our behalf in providing the services to Users;
(c) our contractors, advisors and suppliers which we engage in connection with the Website, such as IT consultants; and
(d) any person with a lawful entitlement to obtain the information.
Cookies and Beacons
The Website may store some information (cookie) on your computer's hard drive to enable you to view and log in to all of our services.
Cookies allow us to tailor our sites to your individual preferences and save time if you visit a site again. They also help us study the browsing patterns of our visitors and improve our web site design and content. Most internet browsers allow you to set them to warn you before a cookie is stored or block cookies altogether. Note that if you decline some cookies it may impede your ability to properly view or log in to some of our sites. Through the use of cookies, we may automatically collect some technical information which is not personally identifiable. Examples of this include the type of internet browser you are using and the domain name of the web site from which you linked to our site. We may aggregate this type of information for market research purposes and to improve our services. We do not use cookies to obtain personal information about you.
When you receive newsletters or promotional e-mail from us, we may use web beacons, customised links or similar technologies to determine whether the e-mail has been opened and which links you click in order to send you information you have requested such as information about us, promotional information about our services, or details of any offers or promotions; to assist us in improving our services or the content of the Website; to contact you in connection with a contest or promotion; or for our own internal marketing and research purposes.
Accuracy of Personal Information
We will take all reasonable steps to make sure that the personal information we collect, use or disclose is accurate and up to date.
If you believe that any information that we hold about you is inaccurate or out of date, please contact us and we will review and update the relevant information.
Storage of Personal Information
We will take all reasonable steps to protect and safeguard the personal information we collect and hold from loss, unauthorised access, and misuse.
Your personal information may be stored in hard copy documents, or electronically on our software or systems.
When no longer required, personal information is destroyed in a secure manner or deleted.
Payment received from you by credit card will be processed on a secure “https” server. Credit card details are not stored on the website.
Access to your Personal Information
If you request, then in most circumstances we will make available to you the personal information about you that we hold, except where we are required or entitled by law to refuse access. Situations where we might not allow you access to your personal information are described below. Requests for access to your personal information should be made in writing.
We will respond to a request for access to information as a priority and will endeavour to do so within a maximum of 10 days.
In certain circumstances we may refuse you access to your personal information. The circumstances in which we might do so include:
(a) it would have an unreasonable impact on the privacy of others;
(b) the information relates to legal proceedings with you;
(c)
the information would reveal our commercially sensitive decision-making process;
(d)
providing access to the information would prejudice certain investigations;
(e)
we are required by law not to disclose the information.
Transborder Data Flows
Sometimes, we may transfer information to person outside Australia. By giving us your personal information, you consent to such disclosures.
Website links and use of Personal Information by others
Through the Website:
(a) personal information is made available to Members; and
(b) we provide links to third party sites which may collect your personal information.
The collection, use and disclosure of your information by these parties is subject to the information handling practices of the third parties, is not within the control of us and we do not accept responsibility for the privacy policies and information handling practices of any third parties. You should consult the privacy policies of these parties.
Use of Information on Sites
You may browse our sites for personal entertainment and information. However, you may not copy, distribute, modify, transmit, or revise the contents of our site or any part of it without our express written permission. This includes copying, forwarding or otherwise distributing emails or reports that are part of our DailyGrain service. Anything you download from our site with our permission is under a grant of license; we do not transfer title to the image or any software to you.
Intellectual Property and Trademarks
All names, logos, and marks appearing on our sites or services, except as otherwise noted, are trademarks owned by us or used by us under license.
No logos graphic, image or sound from our sites or services may be copied, reproduced or redistributed unless express permission is given by us.
The use or misuse of these trademarks or any other content on our sites and services, except as provided in these terms and conditions or in the site content, is strictly prohibited. Nothing contained on our sites or services shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark without our prior written permission.
Posting of Information
Except for any personal information we may collect from you which is governed by our Privacy Policy (see above), any communication or material you post or transmit to us over the internet is, and will be treated as, non-confidential and non-proprietary. By transmitting or posting any communication or material to our sites, you agree that we may use your communication as material for any purpose, including reproduction, transmission, publication, broadcast, and posting.
Subscription to paid services
Where you subscribe to a service of ours for a fee (including the DailyGrain Price Reports) the following terms shall apply.
• We will endeavour to provide our services to you in a timely manner; however in no event will we be liable to you in any way in respect of any delay in the supply of our services as a consequence of any cause beyond our reasonable control.
• We may refuse to supply our services to you if any payment due to us by you is outstanding.
• If you change your email or other contact details you are responsible for notifying us of these changes. We take no responsibility for replacing our services where they have been sent to a previous contact address as where you did not notify us of a change of contact details in a timely manner.
• Where any of our services have been provided to you and you fail to pay us for these services then we may take action against you to recover any unpaid amounts together with interests and our reasonable costs in recovering any unpaid amounts.
• We do not make any assurances with regard to the accuracy, completeness or suitability of any information or advice provided through our services. All documents could contain technical inaccuracies or typographic errors.
• Where any of our services require you to have a user-name and password you will choose them. It is your responsibility to keep your user-name and password confidential and you are responsible for all purchases, and other activities that occur under your user-name and password.
• The copying, reproduction or redistribution of information and advice provided through our services is strictly prohibited.
Disclaimer and limitation of liability
While we use reasonable efforts to include accurate and up to date information on our sites and services, we make no warranties or representations about the accuracy or completeness of the content of our sites, services or of the content of any sites linked to ours. Certain information (including price indications/comparisons) is prepared from a wide variety of sources and from third parties and we take no responsibility for the accuracy of such information and cannot be held responsible for information provided by outside sources or from third parties. We assume no liability or responsibility for any errors or omissions in the content of our sites and services. We have not reviewed the sites that might be linked to our sites, and we are not responsible for the content of any of those sites.
We provide the contents of our sites and services for general informational and convenience purposes only which means it does not account for your specific needs, financial situation or objectives. You should make your own enquiries about the information contained on our sites, in particular any price or comparison information, and we strongly suggest you seek independent advice before acting upon any information supplied by us. We shall not be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of access to or use of or reliance upon any content of our sites, services or the content of any site or sites linked to any of ours.
To the full extent permitted by law we exclude all conditions and warranties not expressly set out in these terms and conditions. Except as specifically set out elsewhere in these terms and conditions, we make or give no express or implied warranties including, without limitation, the warranties of the completeness or accuracy or fitness for a particular purpose, or arising from a course of dealing, usage or trade practice, with respect to any of our services provided under these terms and conditions. No oral or written information or advice given by us, our agents, representatives or employees shall create a warranty or in any way increase the scope of the express warranties given.
Jurisdiction
Any legal issues arising in connection with our sites or services shall be governed by and construed in accordance with the laws of Western Australia .
Security and Policy Changes
If we change our privacy policy or our terms and conditions, we will post these changes immediately on our sites. We encourage you to check our sites periodically to ensure that you are aware of our current privacy policy, terms and conditions.
How to contact us
Phone : +61 (08) 9416 6244
Fax : +61 (08) 9422 9255
Email : info@dailygrain.com.au
Gayfer House, 30 Delhi St West Perth
PO Box L886 Perth 6842
