We respect your privacy

We respect your privacy and handle Personal Information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). By using IIF, you acknowledge and consent to your Personal Information being handled in accordance with our Privacy Policy.

Services

1. Services. We agree to supply, and you agree to use, IIF in accordance with these Terms. For clarity, reference to “Services” includes access to and use of the IIF platform and any associated software, updates or enhancements we provide.
2. Access to IIF. To access IIF, you must:
   
   1. be over 18 years old;
   2. accept the rules of Invest In Farming Co-operative Ltd (the Co-operative);
   3. create an account;
   4. pay the annual membership fee; and
   5. Have your membership approved in accordance with the Co-operative rules.
3. Things you cannot do when using IIF. When accessing IIF, you must not:
   
   1. Share your account details. share your password or log in details with anyone or use IIF contrary to these Terms;
   2. Reproduce IIF content. copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any IIF content (except where we have given you express permission in accordance with these Terms);
   3. Use IIF unlawfully. use IIF in a way that contravenes any law, infringes a third party’s legal rights including Intellectual Property Rights;
   4. Interfere with operations. interfere with the operation of IIF;
   5. Reverse-engineer our software. reverse-engineer, decompile, or otherwise attempt to discover source code, formulae or processes in respect of the software behind IIF;
   6. Introduce viruses. directly or indirectly, introduce or permit the introduction into IIF of any software viruses or other malicious computer code, files or programs, or in any other manner whatsoever corrupt, or limit the functionality of IIF;
   7. Use IIF maliciously. use IIF in any way which is malicious, harmful, threatening, abusive, or otherwise objectionable; and
   8. Use IIF on behalf of others without consent. Use IIF on behalf of anyone else without their express consent.
4. Things you must do when using IIF. When using IIF, you must do so in accordance with the following responsibilities and obligations:
   
   1. Secure your data. You must ensure that your username and password are not misused and remain secure and confidential. You should never tell anyone your username and password.
   2. Only use IIF for its intended purpose. You must only use IIF for its intended purpose.
   3. Comply with Co-operative rules. You must comply with all rules, by-laws and policies of the Co-operative as amended from time to time.
   4. Provide accurate information. You must ensure that all information you provide to us is accurate, current and complete.
5. Information provided on IIF is general information only. Information provided through IIF, including descriptions of agricultural activities, projects, timelines, imagery or other content, is provided for general purposes only. While we take reasonable care to ensure information made available through IIF is accurate and up to date, we do not warrant that any information is complete, reliable, current or free from errors or omissions. You acknowledge that agricultural activities are subject to change due to factors outside our control, including weather, environmental conditions, regulatory requirements and operational constraints, and that information displayed on IIF may change over time. You must make your own assessment before relying on any information available through IIF, and you use such information at your own risk. To the extent permitted by law, we are not responsible for any Loss arising from your reliance on information made available through IIF.

Membership fees

1. Fees. The annual membership fee (Fees) to access IIF is displayed at the time you sign up or renew your membership.
2. Payment timing. Fees are payable in advance for each 12-month membership period and must be paid in full before access to IIF is granted or renewed.
3. Payment method. You authorise us to collect the Fees using the payment method you nominate during the sign-up or renewal process. You are responsible for ensuring your payment details are accurate and up to date.
4. GST and taxes. Unless stated otherwise, all Fees are inclusive of any applicable goods and services tax (GST) and other taxes imposed by law.
5. No refunds. Membership is valid for 12-months and will not automatically renew but cannot be cancelled during the 12-month period. Your 12-month access ensures you can build your farm with opportunities across that period. Except as required by law (including under the Australian Consumer Law), Fees are non-refundable once paid, including if you choose not to use IIF during the membership period.
6. Failure to pay. If we are unable to collect the Fees when due, we may suspend or terminate your access to IIF until payment is received.

What we own

1. Ownership of IIF. We own or have a right to use all aspects of IIF including but not limited to our software, applications, documents, templates, marketing material, trademarks, business names, logos, trading styles, get-up, processes, methodologies and any of our other Intellectual Property Rights. All rights not expressly granted to you under these Terms are reserved.
2. Licence to use IIF. Subject to these Terms, we grant you a non-exclusive, revocable, and non-transferable licence to use IIF solely for the purpose of participating as a Member of the Co-operative and accessing agricultural participation opportunities made available through IIF while your membership is active.

Data use and storage

1. Data collected. We may collect Personal Information, usage data, device information, transaction records and other information generated through your use of IIF.
2. Purpose. We collect and use data to operate and administer IIF, verify identity and eligibility, facilitate Co-operative participation, communicate with Members, meet legal obligations, improve platform functionality and for analytics and reporting.
3. Storage and security. Data is stored using reasonable technical and organisational safeguards designed to protect it from misuse, interference, loss, unauthorised access, modification or disclosure.
4. Third parties and overseas disclosures. We may disclose data to Third Parties who assist us in operating IIF (including hosting, analytics and payment providers). Some Third Parties may be located outside Australia. Where this occurs, we take reasonable steps to ensure compliance with applicable privacy laws.
5. Retention. We retain data for as long as reasonably necessary for the purposes outlined above or as required by law.

Third Party Applications

1. Third Party Applications. We may link to Third Party Applications. Third Party Applications may be subject to their own additional terms of use. We make no warranties in relation to any Third Party Applications. Use of Third Party Applications is at your own risk and you are responsible for reviewing their terms and privacy practices.

Availability

1. Disruption. Access to IIF may be disrupted during certain periods, for reasons including but not limited to:
   
   1. result of acts of third parties,
   2. telecommunications issues,
   3. maintenance or other circumstances beyond our control,
   4. suspension is required by law, a court, or a regulatory authority,
   5. suspension is necessary to protect the security, integrity or availability of the Services.

   You acknowledge and agree that we make no representations, warranties or guarantees in relation to the availability, continuity, reliability or security of IIF or Third Party Applications.

2. System maintenance. Where IIF is unavailable because of system maintenance or repairs, we will provide reasonable prior notice beforehand, except in relation to urgent issues.
3. No liability for disruption. To the extent permitted by law, we are not responsible or liable to Members for any Loss or Claim arising from IIF or any part of it being delayed, disrupted or unavailable. You acknowledge that service interruptions may occur as part of normal operation of online platforms.
4. Suspension or termination. We may suspend or terminate your access to IIF immediately by notice to you if we reasonably believe that:
   
   1. you have breached these Terms or the rules of the Cooperative.
   2. your use of IIF poses a security, legal or operational risk;
   3. your use of IIF is unlawful or may expose us or other Members to harm or liability; or
   4. we are required to do so by law, a regulator or a court.

   Where reasonably practicable, we will give you notice of a suspension and an opportunity to remedy the breach.
   Termination or suspension under this clause does not affect any rights or liabilities accrued prior to termination, including any Fees already paid.

Liability, Warranties, Representation, and Indemnities

1. Liability. Nothing in these Terms excludes, restricts or modifies any consumer guarantees, rights or remedies available under the Australian Consumer Law (ACL) or any similar law that cannot be excluded.
   To the extent permitted by law, we provide no warranty and make no claim in relation to our performance, or the performance of IIF including Third Party Applications. Where the ACL applies to the supply of IIF, our liability for breach of a statutory guarantee relating to the services is limited, at our option, to:
   1. the resupply of IIF; or
   2. the cost of re-supplying IIF.

   The above limitations do not apply to loss or damage caused by our fraud, wilful misconduct or gross negligence.
   To the extent permitted by law, representations, conditions, warranties and terms that would otherwise be expressed or implied in these Terms by general law, statute or custom are expressly excluded. To the extent permitted by law, under no circumstances will we be responsible for any consequential or indirect Loss, suffered by you or any third party in connection with IIF, our website or Services or these Terms.

2. Risk acknowledgement. You acknowledge that participation in agricultural activities involves inherent risks including weather events, disease, market fluctuations and operational risks. Outcomes are not guaranteed and past performance does not indicate future results. You participate at your own risk.
3. Indemnity to us and Third Parties. You indemnify us, our staff and other Third Parties (Indemnified Parties) against any Loss or Claim suffered or incurred by the Indemnified Parties arising from your:
   
   1. loss or misuse of password/s and username/s;
   2. breach of these Terms or the Co-operative rules;
   3. Using IIF other than for its intended purpose;
   4. Malicious, misrepresentation, unlawful, fraudulent or intentionally harmful conduct; or
   5. any action that infringes a third party’s rights.

   The indemnity does not apply to the extent that the Loss arises from our own negligence, breach of these Terms, or failure to take reasonable steps to mitigate our Loss. If the Indemnified Party caused or contributed to a Loss or Claim, then your liability is limited to the amount of the Loss or Claim which is directly attributable to your conduct. This indemnity survives termination of these Terms.

Changes

1. Changes to these Terms and IIF. We may change any of these Terms where necessary (e.g., to reflect legal, regulatory, technical or operational changes) or discontinue or make changes to our products, including IIF. This might include discontinuing the product, adding or removing features, or changing the inclusions in our product.
2. Prior notice. We will endeavour to give you reasonable prior notice of any change that is likely to materially affect or disrupt the way you use IIF, unless the change is required urgently by law or to address a material security or safety risk.
3. Material changes to rights and obligations. Any changes will not materially reduce your rights or materially increase your obligations without also giving you the right to terminate your use of IIF without penalty before the change takes effect.

Other

1. Notice. You agree that all communications between you and us in relation to IIF will be by email, or by us posting a notification on our website. Any notice or other communication to or by a party by email is taken to be received at the time of transmission as recorded from the sender’s e-mail exchange (unless the sender receives a delivery failure notification indicating that the email has not been delivered). If the delivery or receipt is after 5.00pm (addressee’s time) it is regarded as received at 9.00am on the following day.
2. Marketing communications. We will obtain your consent before sending you marketing communications. You will have the option to opt out of marketing communications at any time.
3. This is our complete agreement. These Terms constitute the entire agreement between you and us.
4. Severability. A term or part of a term of these Terms that is illegal or unenforceable may be severed from the Terms and the remaining terms or parts of the terms under the Terms continue in force.
5. Assignment. You cannot assign or otherwise transfer your rights and obligations under the agreement between us and you without our prior written consent. We can assign or transfer our rights and obligations under the agreement between us and you at any time. If we exercise our right to transfer our rights and obligations, we will provide you with 30 days’ written notice prior to the change taking effect. You may terminate your agreement with us in the notice period without incurring any penalties.
6. Jurisdiction. These Terms are governed and construed by the laws of Victoria, Australia.
7. Disputes and Customer Complaints. If you have any questions, complaints or claims that you wish to raise with IIF you can contact us at what@iif.today. We will use reasonable efforts to resolve complaints promptly.
8. Force majeure. We will not be liable for any failure or delay in performing our obligations under these Terms where the failure or delay is caused by events beyond our reasonable control, including but not limited to natural disasters, extreme weather events, pandemics, acts of government or regulatory authorities, failures of utilities or telecommunications networks, labour disputes, or supply chain disruptions. If a force majeure event continues for an extended period, we may suspend or terminate IIF or the affected Services by giving you reasonable notice.

Definitions

1. The following expressions have the following meaning:
   Co-operative means Invest In Farming Co-operative Ltd.
   Intellectual Property Rights means all present and future intellectual property rights, including patents, copyright, designs, trademarks, know-how and moral rights.
   Loss or Claim means any loss, liability, claim, action, proceeding, damage, compensation, cost or expense (including all reasonable legal costs and expenses), including liability in tort and any consequential or economic losses.
   Personal Information means that term as defined in the Privacy Act. Basically, this is information about an identifiable individual.
   Privacy Act means the Privacy Act 1998 as amended or replaced from time to time.
   Member means the individual that is approved to be a Member of the Co-operative and pays the corresponding membership fee to utilise IIF.
   Third Party Application means any application or service offered by a third party to integrate and be used in conjunction with IIF.
   Third Party means any person we have engaged to help us provide IIF. This includes any other service providers engaged by us to assist in the delivery, maintenance and administration of IIF.
   IIF, we, us and our means Invest In Farming Co-operative Ltd.
   You and your means the Member.