Contributor Terms

SCHEDULE – Contributor Terms

The grow^AG. website is an initiative funded by the Commonwealth Government of Australia. Each reference in these terms of use to the grow^AG. website includes all materials that each party makes available on the grow^AG. website. By using or continuing to use the website, both parties agree to comply with these Contributor Terms.  AgriFutures Australia may update these terms from time to time on 30 days’ written notice to each Contributor. 

1 Process for promotion

1.1 Contributors who are seeking to use the grow^AG. website to promote their Commercial Opportunities will be pre-qualified by AgriFutures.

1.2  The types of Commercial Opportunities that are relevant to the agricultural industry that may be promoted include but not limited to and are considered according to the following criteria:

(1) Seeking a commercial partner to deliver research outcomes to industry;
(2) Seeking funding to further develop a commercial opportunity;
(3) Licencing opportunity;
(4) Seeking a research partner or collaboration; and 
(5) Communicating an industry challenge that may represent a commercial opportunity. 

1.3 Any Commercial Opportunities submitted to AgriFutures Australia by Contributors must adhere to the format requirements notified by AgriFutures Australia to the Contributors from time to time.

1.4 Commercial Opportunities will be displayed on the “Commercial Opportunities” section of the grow AG. website.

1.5 Contributors are required to provide an update to AgriFutures Australia as soon as reasonably practicable once they become aware that a Commercial Opportunity is no longer available so that grow^AG. accurately reflects the status of Commercial Opportunities.

2 Ownership, review and removal of material

2.1 The Contributor remains the owner of all content which it submits to the grow^AG. website.

2.2 The Contributor gives AgriFutures Australia an irrevocable, worldwide, perpetual, non-exclusive licence to use, reproduce and communicate to the public its content for the purposes of operating the grow^AG. website.

2.3 AgriFutures Australia will review any material that describes a Commercial Opportunity once it is submitted by the Contributor and before it goes live on the grow^AG. website.

2.4 AgriFutures Australia has the right to make any necessary changes (for example, to the formatting or to fix typographical errors), or decline to publish (for example, the opportunity is not relevant to the agricultural industry, or ownership of the material cannot be proven by the Contributor), and will consult with each Contributor prior to making such changes as far as reasonably practicable.

2.5 AgriFutures has the right to take down material if it breaches these Contributor Terms or if any issues are raised by Contributors, Users or third parties.

3 Contributor obligations

3.1 Each Contributor must comply with any reasonable instructions that AgriFutures Australia gives about how to use the grow^AG. website and must not do anything that interferes with or adversely affects the normal operation of the grow^AG. website (including the ability of other users to access or use the grow^AG. website).

3.2 Each Contributor is responsible for making sure that the systems and devices that it uses to access the grow^AG. website have appropriate security measures in place, including through use of appropriate virus-checking and other security software.

3.3 To enable the parties to improve and evaluate the effectiveness of the grow^AG. website, provide reports to Agrifutures Australia via a short survey each quarter advising on items such as:

i.        number of unique enquiries;
ii.        location of enquiries;
iii.        current status of opportunity; 
iv.        commercial deals completed; and 
v.        any other information reasonably requested by AgriFutures Australia. 

3.4 Each Contributor will make sure that:

(1) it has the authority within their organisation to provide the Commercial Opportunity and the ability to promote the material within the Commercial Opportunity;

(2) it has the necessary intellectual property rights to make the Commercial Opportunity available on the grow^AG. website; and

(3) the actual Commercial Opportunity proposal does not:

(a) infringe any third party intellectual property;

(b) contain any obscene, defamatory or libellous statements; or

(c) contain personal information that the Contributor does not have the authority to provide on the grow^AG. website.

4 Intellectual Property

4.1 All of the Intellectual Property Rights in and to the grow^AG. website and brand (except for any of the Contributor’s content), belong to AgriFutures Australia and its licensors.  

4.2 Each Contributor may download or print sections of the grow^AG. website if needed for its own internal use or reporting requirements, but otherwise may not reproduce any part of the grow^AG. website without AgriFutures Australia’s express prior consent.  

5 Data use rights

5.1 AgriFutures Australia may use any data obtained in connection with a Commercial Opportunity from each Contributor for the purpose of:

(1) developing and operating the grow^AG. website;
(2) reporting, including any internal or external reporting requirements and for the purpose of reporting to the Minister for Agriculture, Drought and Emergency Management; and

6 Rights to suspend or terminate access

6.1 AgriFutures Australia may suspend, terminate or block the Contributor’s access to all or any part of the grow^AG. website if any issues arise or if the Contributor does not comply with these terms.

7 Liability

7.1 While AgriFutures Australia will use reasonable care and skill in operating the grow^AG. website, it cannot guarantee that the grow^AG. website will always be available or completely free of faults or errors.

7.2 To the maximum extent permitted by law, except as expressly set out in these terms of use, AgriFutures Australia excludes:

(1) all conditions, representations, warranties and statutory guarantees, whether express or implied, in relation to the grow^AG. website; and

(2) any liability (whether in contract, tort (including negligence), or otherwise) for any indirect or consequential loss, damage or expense incurred by any Contributor or any other user in connection with the grow^AG. website.

7.3 To the extent AgriFutures Australia is unable by law to exclude any implied condition, representation, warranty or statutory guarantee in relation to the provision of goods or services through our website, AgriFutures Australia limits its liability for a breach to the re-supply of those goods or services, or payment for such re-supply.

8 Privacy

8.1 AgriFutures Australia will manage any personal information collected through the grow^AG. website in accordance with its Privacy Policy, which can be accessed at https://www.agrifutures.com.au/privacy-statement/

9 Governing law

9.1These terms of use are governed by the laws in force in New South Wales, Australia and will be subject to the non-exclusive jurisdiction of the courts in that place.

10 Definitions

10.1 Commercial Opportunity means any commercialisation or other IP-related opportunities that the Contributor has identified in connection with any of its research projects.

10.2 Contributor means any organisation which lists Commercial Opportunities on the grow^AG. website.