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Terms & Conditions

My Landmark – Terms and Conditions of Use

       

These Terms and Conditions apply to your use of the My Landmark online application, which can be found at http://www.landmark.com.au/my-landmark/ (My Landmark).

These Terms and Conditions should be read in conjunction with our:

  • terms and conditions of use for the Landmark website, which can be found at http://www.landmark.com.au/terms-of-use (Terms of Use); and
  • Landmark’s privacy policy, which can be found at http://www.landmark.com.au/privacy-and-security (Privacy Policy).

    (collectively, the Terms)

In the event of any inconsistency between these Terms and Conditions and the provisions contained in the Terms of Use, the provisions in these Terms and Conditions prevail.

 

In these Terms of Use, “us”, “we” or “our” means Landmark Operations Limited (ABN 73 008 743 217) of 380 La Trobe Street, Melbourne, Victoria;

 

It is important that you understand these Terms and Conditions which relate to your use of My Landmark. If you access, use and/or register an account with My Landmark, we will take that to mean that you agree to the Terms of Conditions and that they are binding on you. If you don't agree, please terminate your account immediately and refrain from using My Landmark. We may change the Terms and Conditions from time to time. You should come back to this page regularly to check the Terms and Conditions. We will email you to notify you if the Terms and Conditions change. You will be deemed to have accepted the amended Terms and Conditions if you continue to use your My Landmark account after being notified of the change.

 

1. My Landmark

My Landmark is an internet services that allows you to:

       

  • receive My Landmark account statements and invoices by email or facsimile;
  • view and print copies of invoices for certain transactions (merchandise and fertilizer) and My Landmark account statements on-line;
  • view and print copies of account sales and invoices (for livestock and wool)
  • view daily My Landmark account balance data, including amounts payable and due dates for amounts payable;
  • download monthly My Landmark account statement data; and
  • request changes to data you have provided to us in relation to your use of My Landmark.
  • access certain publications

 

We reserve the right, at any time, to discontinue, alter, or impose restrictions on the use of any service or feature of My Landmark in whole or in part. As an account holder you are responsible for the equipment and internet access service you use to access the Website.

 

2. Account registration

In order to use My Landmark, you have to register an account by providing us with the information requested in the hard-copy application form we send to you. We will be relying on you to provide accurate, current and complete information, and to keep it up to date. We respect your personal information and we will only use it according to applicable privacy laws and our Privacy Policy.

 

We may approve or reject your application to register an account in our absolute discretion.

 

My Landmark is only available to individuals who can make legally binding contracts. It is not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts. By using My Landmark, you accept these terms and conditions and acknowledge that you are over the age of eighteen (18) years.

 

3. Cancellation or termination of account

You can cancel your account at any time by logging into your account and choosing to cancel.

We reserve the right to do any or all of the following in relation to your account:

a. suspend your account;
b. terminate your account at any time, for any reason; or
c. permanently or temporarily block your access to all or part of My Landmark.

In particular, we reserve the right to terminate your account if you provide inaccurate information or if you breach the Terms (although we may have other reasons besides these). We will send you an email to let you know if we terminate your account.

 

4. Use of My Landmark

Your registered account is for your use only. Upon approval of your registration, we will send you an email containing your account login ID and a temporary password. For your security, you will be prompted to change your password upon first logging in to your My Landmark account.

 

You agree:

  • to choose a new password whenever you are required to do so by us;
  • not to record or store your password anywhere but to commit it to memory;
  • to take reasonable care when accessing My Landmark to ensure that your password is not disclosed to any other person; and
  • that you are responsible for keeping your password private and confidential.

 

Without limiting anything else in the Terms, if anyone logs in to your account using your username and password, you will be responsible for any activities conducted on your account or for any loss or damage that you or anyone else may suffer or incur in connection with anyone else logging in to your account.

 

While we use all reasonable endeavours to make sure that My Landmark is available 24 hours a day, we do not make any representations or warranties that your access will be uninterrupted or error free. Access may be suspended temporarily without notice in the event of a system failure, maintenance or any reason beyond our control.

 

We will use all reasonable endeavours to make sure that any information or data that we provide to you through My Landmark is complete, accurate and up to date. However, without limiting anything else in the Terms, except as provided by law, we do not make any representations or warranties that the information or data that we provide to you will be complete, accurate or up to date. It is your responsibility to check your account records, and any information and data, carefully and to notify us immediately if you believe there is any error or omission, or if the records, information or data are not up to date.

 

It is your responsibility to pay any amounts owing to us when those amounts are due. Without limiting any other remedy available to us, failure to make those payments may result in us suspending or terminating your account.

 

Any links to third party sites appearing on My Landmark are provided for your convenience only. Your access of third party sites using these links is done at your own risk.

 

5. Intellectual Property Rights

We are the owner or licensee of the copyright and any other intellectual property rights in My Landmark and the content of My Landmark. No permission is given in respect of use of any of the above, and such use may constitute an infringement of the holders' rights.

 

All trademarks, brands and names appearing on My Landmark are the property of their respective owners.

 

Nothing contained on My Landmark is intended to grant any express or implied right to you to use or exploit any patent, copyright, trademark or trade secret information.

 

6. Disclaimer and limitation of liability

You acknowledge that you use My Landmark at your own risk. Except as provided by law, My Landmark is provided 'as is' and without any warranty or representation, express or implied. We do not warrant that the content included on or information or data provided through My Landmark is accurate, suitable for your purposes or without errors, omissions or viruses. Due to factors beyond our control, we cannot guarantee continuous, uninterrupted or secure access to My Landmark.

 

You agree that we are not responsible for, and accept no liability in relation to, your use of My Landmark, or any other account holders use of or conduct in connection with My Landmark, in any circumstance, including (without limitation) your reliance on any records, information or data provided through My Landmark.

 

You agree to indemnify us for any loss, damage, cost or expense that we or any other third party may suffer or incur as a result of or in connection with your use of or conduct in connection with the My Landmark, including any breach by you of the Terms.

 

To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Terms, might apply in relation to your use of My Landmark. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the total amount paid by you (if any) for any chargeable service or feature on My Landmark.

 

Any publications, including any research publications, made available to you through My Landmark are intended only to be general in nature, and have been prepared without taking into account your specific circumstances, objectives or requirements. Before acting on any information in any publication made available to you through My Landmark, you should consider the appropriateness of the information, having regard to your circumstances, objectives and requirements and, if necessary, seek appropriate professional advice from a qualified adviser.

 

7. General

The laws of Victoria, Australia apply to these Terms and Conditions. You agree that the Victorian courts will have jurisdiction over any dispute concerning these Terms and Conditions. If any part of the Terms and Conditions is invalid or unenforceable, it will be struck out and the remaining terms will remain in force. If we do not act in relation to a breach by you of the Terms and Conditions, this does not waive our right to act with respect to subsequent or similar breaches.

 

 


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