Terms and Conditions

Please accept the Terms and Conditions below to continue.

TERMS OF USE

Your access to and use of this evaluation website is subject to these terms, the Privacy Policy, the Intellectual Property Rights Notice and any other terms contained on this website ("Terms of Use").

Evaluation Status

The majority of the cultivars nominated in this evaluation website have an experimental / evaluation status and, as such, are not commercially available. A relatively small quantity of commercial cultivars will be included in this evaluation website for use as comparative data for the majority of the cultivars that have an experimental / evaluation status.

Disclaimer

All of the evaluation material published on this web site is for information purposes only. The information on this site is current at the date of publication but may be subject to change. Whilst we have made every effort to ensure that information is free from error, we do not guarantee that the information or images are current, complete or correct and accept no responsibility therefore. All information is subject to change without notice. We do not accept liability for errors, omissions in, delays or interruptions to or cessation of access to this website, through negligence or for any other reason whatsoever. We do not guarantee that this website or third party websites will be free from viruses.

Information contained on this evaluation website is intended as a guide only and any one viewing the website is reminded that growth and performance of any cultivar is dependant on a wide range of conditions beyond our control and we make no guarantee as to the suitability of any cultivar for any specific use nor do we recommend any one cultivar in preference to another or claim to be an authority on any one cultivar. All information is believed to be correct and is the result of sample evaluation and is given in good faith. We disclaim all liability for loss suffered as a result of reliance on the matters set out in this website.

We advise that the material contained on this website is for evaluation purposes only and, as such, may not be commercially available at this time.

IMPORTANT NOTICE RELATIVE TO NEW VARIETIES

When considering the evaluation data of any variety of fruiting cultivar for potential commercial purposes you need to know of and accept the following:

  • The cultivar that you are reviewing may have been obtained from outside Australia and Graham's Factree may not know how it will perform or whether it will succumb to any virus or disease. Graham's Factree makes no representations about these matters.
  • The cultivar and the understock on which it has been worked may not have been fully evaluated and consequently Graham's Factree is not able to make any representations about the cultivar and the understock on which it has been worked, its performance, or in relation to any other matter at all.
  • You acknowledge that you understand the risk in the selection of evaluation cultivars as potential commercial varieties and that you do so entirely at your own risk.
  • Because the cultivar may not have been fully evaluated it may in the future succumb to viruses or disease or understock / scion incompatibility.
  • If you eventually choose to purchase a cultivar for use in the course of your business once it may become commercially available, you are not a consumer for the purposes of Part 5 Division 2 of the Trade Practices Act. In which case you will not be entitled to protection as a consumer under Part 5 of Division 2 of the Trade Practices Act.

Links to Other Websites

References to other sites may be provided as an information service only and should not necessarily be construed as an endorsement or approval. Conversely, omissions should not be construed as non-endorsement or disapproval.

Although every care is taken to provide links to suitable material from this evaluation site, the nature of the Internet prevents us from guaranteeing the quality, suitability, completeness or accuracy of any of the material that this site may be linked to. Consequently, we can accept no responsibility for the content of that material including any unsuitable or inaccurate material that may be encountered.

Also, we are not responsible for the accuracy or legitimacy of information found elsewhere on the Internet and there is no guarantee that any of the sites listed will be available at any particular time.

We do not guarantee any services which might be announced nor provide any authorisation direct or indirect relating to use of information or links.

Limitation of Liability

Subject to any terms implied by law and which cannot be excluded, we accept no responsibility or liability for any loss, damage, cost or expense, whether direct or indirect (including but not limited to legal costs and defence or settlement claims) whatsoever arising out of or referable to material on this evaluation website or to material on the website of a third party whether in contract, tort including negligence, statute or otherwise.

Our liability for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at our option, to:

  1. the supply of the goods or services again;
  2. the repair of the goods; or
  3. the payment of the cost of having the goods or services supplied again or repaired.

Horticulture Australia Limited “(HAL”) are a funding partner for the evaluation project from which much of the information on this evaluation website is sourced and are recognised and acknowledged on this website for that aspect only. HAL have no input into and / or any control of the information contained in this website and, as such, accept no responsibility or liability for any loss, damage, cost or expense, whether direct or indirect (including but not limited to legal costs and defence or settlement claims) whatsoever arising out of or referable to material on this evaluation website or to material on the website of a third party whether in contract, tort including negligence, statute or otherwise.

Intellectual Property Rights Notice

We assert copyright and all other intellectual property rights in this web page and code used to create it, unless otherwise stated.

We also reserve copyright and all other intellectual property rights in all our documents and images appearing on or linked to this web site. Users of this web site may download a single copy of these documents and images for their personal use only and by acknowledging and accepting these terms and conditions when entering this website you acknowledge and accept that these terms and conditions apply to all and any material that you extract in any manner, including but not limited to printing for personal use, from this website.

Except where allowed in this notice or permitted under the Copyright Act 1968 (Cth) or other applicable laws, no information appearing on or linked to this web site in which we have reserved copyright shall be reproduced in any form, adapted or transmitted in any from by any process, including electronic form, without our express permission.

We own or are licensed to use the trade marks which appear on this website or we acknowledge the rights of third parties in such trade marks and such trade marks are indicated by the appropriate symbol. We are the owner of copyright in the library code used to create this website.

Withdrawal and Suspension of Service

We may withdraw completely, or suspend for a period of time, this evaluation website, or access to it for any reason including without limitation:

  1. if there is an interruption, fault, virus, unauthorised access, denial of service or other malicious attack on any part of our computer or telecommunications system;
  2. if you breach any part of these Terms of Use;
  3. if you use this website for an inappropriate purpose, including the storage or transmission of inappropriate or offensive material.

Acceptance and Changes to Terms of Use

You acknowledge and accept that your use of this website indicates your acceptance of these Terms of Use, the Intellectual Property Rights Notice and the Privacy Policy.These Terms of Use replace any other terms of use for this website published on this website to date. We may at any time vary the Terms of Use by publishing variations on this website. You accept that by doing this, we have provided you with sufficient notice of the variation.

Termination

If, in our reasonable opinion, you breach any of these Terms of Use, we may suspend, terminate or limit your access to this website and terminate the Terms of Use effective immediately. If any of these Terms of Use are invalid or unenforceable, the relevant term 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 these Terms of Use, this does not waive our right to act with respect to subsequent or similar breaches.

Governing Law

This notice and the information on this site and all matters relating thereto are governed by and are to be construed according to the laws applicable in the State of Victoria, Commonwealth of Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia and the courts of appeal from them for determining any dispute concerning these Terms of Use.

Contacting the Website

If you have any questions about these Terms of Use or the attached Privacy Policy, the practices of this site or your dealings with this website, you can contact:
Graham's Factree
160 Thonemans Rd
Hoddles Creek VIC 3139, AUSTRALIA
[email protected]


PRIVACY POLICY

This notice sets out our policy in relation to the collection, dissemination and protection of information obtained from our website. We are committed to maintaining the privacy of all information provided by visitors to our website. No information will be collected without your consent and all such information will be used in accordance with this Privacy Policy.

Collection of personal information

We also use the information that you provide as part of our effort to keep you informed about our evaluation project and associated matters and to help make our site, products and services more useful to you. We recognise and appreciate the importance of responsible use of this information. If you do not want the information that you provide to us to be used to inform you of relevant matters and you indicate this preference when you provide the information to us, we will honour your preference.

We do not sell, lease or in any other way provide personally-identifying information to any other company, person or agency.

Cookies

Cookies are small text files placed by web browsers on a user's computer. Cookies are used to identify your activity on websites you visit. We may from time to time use cookies or similar devices to enhance the quality of the services provided by the website. All cookies placed by us will be for use by our website only. With the exception of any disclosure required by law, no information collected by us will be divulged or made available to any third party other than members of Graham's Factree, without your express consent. Please contact us at [email protected] if you have any difficulties accessing the website, or if you have any queries in relation to this matter.

Unsolicited email

The information collected by us will generally include your email address. We will not use this email address to forward you information relating to our products and services unless:

  1. you have requested this information (by selecting the relevant option on the website); or
  2. the information is provided as part of any ongoing discussions between us and you in relation to our products and services.

Opting Out

You may at any time opt out of receiving any information you have previously requested that we provide to you by following the procedures for opting out set out on the website. If you have any problems with opting out of any ongoing information service provided by us, please send an email to [email protected]

Reviewing, updating or deleting your information

If you wish to review, update or delete any information maintained by us about you, you may, where this information is made available to you by the website, directly update that information. In all other circumstances, please send an email to [email protected] and we will provide you with full details as to all information we maintain in relation to you. We will also comply with any directions to update or delete any or all information.

Protection of information

When capturing customer data, it is passed through a secure server using encryption technology to ensure that your information is being protected when being sent over the Internet.

Further, all stored customer information is protected from unauthorised access through the use of secure passwords and user log-ons or other security procedures.

This site has security measures in place to avoid the loss, misuse and alteration of information under our control. We will protect any information we have concerning you in the same manner as we protect all our other confidential information.

You should always close your browser and log out when you have finished surfing the net, to prevent others from accessing your personal information and correspondence. Beware of posting personal information in publicly accessible online forums, such as chat rooms. If you voluntarily disclose personal information it may be collected and used by others.

Third party sites

This website may contain links to other websites. We are not responsible for the privacy practices or the content of such websites and cannot control, the use of information that you may provide to any other website, even if you have access to that site via this website.

Children

This website is not intended for children and we ask that users under the age of 18 not submit any personal information to us. If you are under the age of 18, you may use this site only in conjunction with a parent or guardian.

By accessing or using this website, you agree to the terms of our Privacy Policy as outlined above.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THIS SITE.We reserve the right at our discretion to change, modify, add or remove portions of this Policy at any time. Any changes will be posted on the site. Please check this page from time to time for changes.