Terms & Conditions

1. Terms of Use

  1. The website (www.evolutionagriservices.com.au) (Website) is owned and operated by KMHL Enterprises Pty Ltd ACN 635 884 838 of 80 Johns Street, West Beach, Western Australia trading as ‘Evolution Agri Services’ (Evolution Agri Services, we, us or our).
  2. Please read these terms and conditions carefully. By accessing this Website and any pages or materials contained in the Website, you agree to be bound by the terms, conditions, notices and disclaimers contained in these terms and conditions, the Privacy Policy (Privacy Policy) and elsewhere on the Website (collectively known as the Terms). If you do not agree to all of the Terms, please do not access this Website, or any associated pages or materials.
  3. Evolution Agri Services is not responsible for any loss, injury, claim, liability or damage related to your use of the Website, whether from errors or omissions in the content of this Website or any other linked sites, from the Website being down or from any other use of the Website. Your use of this Website is at your own risk.

2. Eligibility

You will not use the Website if you:

  1. are not able to form legally binding contracts;
  2. are under the age of 16;
  3. a person barred from receiving and rendering services under the laws of Australia or other applicable jurisdiction; or
  4. are suspended from using the Website.

3. Content

  1. You must not add any content to the Website:
    1. unless you hold all necessary rights, licences and consents to do so;
    2. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
    3. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
    4. that would bring us, or the Website, into disrepute; or
    5. that infringes the intellectual property rights or other rights of any person.
  2. You acknowledge and agree that:
    1. we retain complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in our sole discretion; and
      the Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
    2. Evolution Agri Services updates the Website regularly, however, Evolution Agri Services makes no representation as to the accuracy or completeness of any information or services of the Website. All information and services are provided on the basis that you undertake the responsibility for assessing, at your own risk.
  3. Evolution Agri Services reserves the right to change or add content to this Website, including the Terms, without notice and at any time.

4. Promotion

We may display on the Website your company or business name, logo, images or other media and description of your testimonials (if any) relating to the products and/or services Scope Business Imaging provides to you, except where you have explicitly requested that we do not do this and we have agreed to such request.

5. Intellectual Property Rights

  1. Generally
    1. Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Website.
    2. We grant you a non-exclusive, world-wide, non-transferable licence to use the Website in accordance with the terms and conditions set out in these Terms.
  2. Copyright All content included on this Website such as, but not limited to, text, images, software, artwork, photographs, text, images, video, audio and logos is the property of Evolution Agri Services or its content suppliers. This Website is Evolution Agri Services’ copyright property and is protected by Australia and International copyright laws. You may not in any form or means adapt, reproduce, or publish any part of it without written consent from Evolution Agri Services.
  3. Trade mark All trade marks, service marks, trade names, branding and get-up (trade dress) on the Website belong to Evolution Agri Services or its licensors. Evolution Agri Services does not give you any licence or right to use them.

6. Links to External Websites

  1. On occasion, the Website may be linked to one or more external websites or resources operated by unrelated external websites or an external website may provide a link back to the Website. These links are provided for your convenience only.
  2. These links should not be deemed to imply that Evolution Agri Services endorses the external website or any content therein.
  3. Evolution Agri Services does not control and is not responsible or liable for any external website or any content, advertising, products or other materials on or available from such external websites.
  4. Access to external websites is at your own risk.

7. Limitations of Liability, Disclaimers of Warranties and Indemnity

Subject to the rights you may have under the Competition and Consumer Act 2010 (Cth) (as amended) or other applicable legislation (Applicable Legislation), if any:

  1. content and materials on this Website are provided ‘as is’ and, to the extent permitted by law, without warranties of any kind, either express or implied;
    we disclaim all warranties, express or implied, including but not limited to implied warranties of acceptable quality and fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement of intellectual property rights;
  2. we do not warrant that the Website is secure, free from viruses, bugs, worms, interruption, errors, theft or destruction or that the Website will meet your requirements. We are not responsible for any damage to your computer system which arises in connection with your use of the Website or any linked website. You assume all risks associated with using the Website or any linked website;
  3. content and material downloaded or otherwise obtained through the use of this Website is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content or material;
  4. you expressly understand and agree that Evolution Agri Services and its affiliates shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, or for any damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from:
    1. the use or the inability to use this Website;
    2. the use of any material on this Website or any website or websites linked to this Website;
    3. unauthorised access to or alteration of your transmissions or data;
    4. statements or conduct of any third party on this website; or
    5. any other matter relating to this Website.
  5. If any term, condition, warranty or consumer guarantee is implied into the Terms and we are able to limit your remedy for a breach of such a term, condition, warranty or consumer guarantee, then our liability for breach of the term, condition, warranty or consumer guarantee is limited to one or more of the following at our option, the supply of the services again or the payment of the cost of having the services supplied again.
  6. By accessing our Website, you agree to indemnify, hold harmless and, at Evolution Agri Services’ option, defend Evolution Agri Services and its affiliates, and its and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable lawyers’ fees and expenses) arising from or in connection with your use of our Website.

    8. Privacy

    1. We undertake to take all due care with any information which you may provide to us when accessing our Website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
    2. We do not share or sell any personally identifiable information obtained via the Website to third parties, nor use the personal information otherwise than for its intended use.
    3. You consent to the collection and use of personally identifiable information about you in accordance with the Privacy Policy.
      For more information, please review the Privacy Policy or contact us at [email protected].

    9. Termination

    1. These Terms terminate automatically if, for any reason, we cease to operate the Website.
    2. We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
    3. We have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

    10. Force Majeure

    Evolution Agri Services shall not be liable for any delay in performing any of its obligations under these Terms if such delay is caused by circumstances beyond the reasonable control of Evolution Agri Services and Evolution Agri Services shall be entitled to a reasonable extension of time for the performance of such obligations.

    11. Cookies

    1. Our website uses cookies to track user traffic patterns and to better serve you when you revisit a website. A cookie is a small data file that a website may write to your hard drive when you visit it. A cookie file can contain information, such as a user ID which the website uses to track the pages you have visited. You can refuse all cookies by turning them off in your browser. However, to experience full functionality of our websites we recommend the use of cookies.
    2. Information is also generated whenever a page is accessed on our website that records information such as the time, date and specific page. We collect such information for statistical and maintenance purposes that enables us to continually evaluate our website performance.

    12. General

    1. If any part of these Terms are found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of the Terms and the severed part will not affect the validity and enforceability of any remaining provisions.
    2. These Terms will be governed by and interpreted in accordance with the laws of Western Australia.
    3. You agree to the jurisdiction of the courts of Western Australia to determine any dispute arising out of these Terms.