Terms and Conditions
‘We’, ‘us’ and ‘our’ refers to The Carbon Farming Foundation Ltd (ABN 67 645 498 004; AFS Representative No. 001298535) (‘CFF’) in respect of the Website.
‘You’ or ‘your’ means a user of our Website including, in the case of any minor, the minor’s parent or legal guardian.
Our ambition, as a registered Australian charity, is to rapidly scale carbon sequestration and greenhouse gas emission reduction activities in the Australian food and agriculture sector. We hope to propel the industry forward, unblocking barriers and bottlenecks within the carbon farming supply chain.
2. Terms of use
These are the terms and conditions (‘Terms’) which govern your use of our websites which can be found at the domains:
- carbonfarming.org.au;’
- news.carbonfarming.org.au; and
- diycarbon.com.au,
(together, ‘Website’).
These Terms govern your access to, and use of any content made available through or published on, our Website (‘Content’).
Please take the time to read these Terms together with our Privacy Policy.
3. Acceptance
By using the Website, you confirm that you accept these Terms and agree to comply with them. If you do not agree to the Terms, you must not create an account, subscribe to our newsletter or use our Website.
These Terms are subject to change over time without prior notice. We may amend these Terms by updating this posting. Your continued use of the Website is governed by our most recent Terms. Every time you use our Website, please check these Terms to ensure you understand the terms that apply at that time.
4. Contact details
If you have any questions about these Terms, you may contact us in any of the following ways:
Call: (08) 6835 1140, Monday to Friday, 9:00am–5:00pm (AWST)
Email: hello@carbonfarming.org.au
Write to:
Attention: Sarah Heldsinger
43B Town View Terrace
Margaret River WA 6285
5. Availability and functionality of our Website
We do not guarantee that our Website or any Content will always be available, uninterrupted or error-free. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
We do not guarantee the functionality of our Website, as your experience may depend on the strength of your internet connection, the technical capabilities of your computer and the browser from which you view our Website. We recommend that you use Chrome, Edge, Safari or Firefox as your web browser when visiting our Website and viewing our Content.
6. Who may use our Website
Our Website is directed to persons residing in and using our Website within Australia. If you access our Website from outside Australia, you do so at your risk and you are responsible for compliance with all applicable laws, regulations, industry standards and codes of practice.
We are an Australian registered charity and specialise in the management of Australian carbon sequestration projects. We cannot perform services for people or in relation to carbon sequestration projects located outside of Australia.
7. You must keep your account details safe
If you choose a password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your password, you must promptly notify us through any of the methods outlined above in the ‘Contact Us’ section of these Terms or change your password using ‘reset password’ tool from the login page on our Website.
8. How you may use the Website and Content
All copyright and other intellectual property rights in the Website and Content, including trade marks, names, logos, sounds, images, graphics, text, software, interfaces, source or object code, website layout, design and copyright works, is owned or licensed by us and protected by the laws of Australia and other countries.
You may view the Website and Content and may print one copy and download extracts of any page from our Website for your own personal use. If we provide social media features, such as the ability to share content, you may take such actions as are enabled by those features.
You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the Content for any commercial purpose except as permitted by paragraph 9 below, by law or with our prior written consent.
You must not use the Website or any Content for any commercial use except as permitted by paragraph 9 below or without our prior written agreement.
9. Linking to our Website
You may create a link to any pages on our Website or that refer to the Content. However, you must not:
a. display any page of the Website in any distorted or altered form or pass off our Content or services as yours or under any other name;
b. create a link to the Website on any site unless that site conforms to accepted standards of public decency and does not disparage us or our services; or
c. create a link to the Website on any site that exposes us to any risk of liability under any criminal or civil law (including liability arising from the infringement of a third party’s rights).
We reserve the right to withdraw linking permission by giving notice to you or by updating these Terms.
You agree to indemnify us, and keep us indemnified, against all actions, claims, costs, demands, damages or liability arising in any manner from any link to our Website that you enable or create.
10. Payment Terms
All prices or cost of services listed on our Website are in Australian currency. Unless expressly included, our prices are exclusive of Goods and Services Tax (‘GST’). To the extent that GST is payable for any service that we provide you, whether through our Website or otherwise, you must pay our fees and any applicable GST or other required taxes.
Where you pay for our services by payment card, you warrant that you have the necessary rights and authorisation to use that payment card and that you are fully authorised to use it to pay for our services. You also warrant that the payment card gives access to sufficient funds corresponding to the cost of our services.
Where you order a service from our Website, you must pay for that service if so prompted, immediately. We will email you a tax invoice as soon as reasonably practicable after you have paid us. If you are not required to make immediate payment, you must pay for that service in accordance with terms of the tax invoice we will issue you, and in any case within 14 days of a valid invoice having been issued.
11. Links to third party sites
Our Website may contain links to third party sites. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the sites or the information, products or services provided at those sites. You access those sites and use the information, products and services made available at those sites solely at your own risk, and subject further to the separate terms of use and privacy policies of such third party sites.
12. No unlawful or offensive activity
You must not use our Website or any Content in any way that violates any applicable federal, state, local or international laws, or which infringes any third party’s rights or privacy or is contrary to any relevant standards or codes, including generally accepted community standards.
You must not permit or enable another person to do any of those things.
13. No viruses or interference
When using our Website, you must not:
- introduce to the Website any viruses, trojans, worms or other materials which are malicious or technologically harmful;
- do anything that interferes with or adversely affects the normal operation or integrity of the Website, including the ability of other users to access the Website;
- copy, modify, export, scrape, reverse engineer, disassemble or otherwise attempt to extract any or all of the Content or any source or object code in the Website; or
- permit or enable another person to do any of those things.
14. Action we may take
We may suspend or terminate your access to our Website at any time, including if you breach these Terms.
If you breach these Terms, we may report you to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
If we do not act in relation to a breach of these Terms by you, we do not waive any rights to act in relation to that breach or any later breach by you.
15. Australian Consumer Law statement
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value
You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
16. Disclaimer
Our Website is provided on an ‘as is’ and ‘as available’ basis, and we make no representations or warranties, express or implied, regarding the operation, functionality or availability of our Website. The Content is provided for general information only. It is not intended to be advice on which you should rely.
16.1 General Disclaimer
To the maximum extent permitted by law, CFF, its subsidiaries, related companies, and affiliates disclaim all warranties and conditions of any kind regarding our Website and Content, whether express or implied, except to the extent expressly set out in these Terms.
16.1 Specific disclaimer
a. (Project Feasibility) We do not make any representations as to the accuracy and completeness of the contents of any proposals, assessments or feasibility reports we may prepare or have automatically generated on our Website. You must make your own enquiries and seek independent professional advice about the financial feasibility of any carbon sequestration project before making any financial or investment decisions.
b. (Environment) You acknowledge that we cannot control seasonal and environmental variability which can impact the feasibility and financial outcome of any carbon sequestration projects.
c. (General Advice) The information on the Website is general financial product advice only. It does not take your personal financial objectives, situation or needs into consideration. We recommend that you read our Financial Services Guide and consider seeking independent advice before making a financial decision.
d. (Content) We do not make any warranty or representation as to the accuracy, completeness, currency or reliability of the Content. Although we use reasonable care and skill in providing the Website and Content, we cannot promise that the Website will be continuously available or free from computer viruses or errors.
e. (Updates) Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that it is accurate, complete or up-to-date.
17. Limitation of liability
In no event will we, our subsidiaries, related companies, and affiliates be liable for any indirect or consequential losses or damages arising in connection with your use of the Website or any Content.
You release CFF, its subsidiaries, related companies, and affiliates from any and all claims, actions, damages or other matters arising in connection with your use of, or inability to use, the Website or Content. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by law.
You agree to, indemnify and hold CFF, its subsidiaries, related companies and affiliates, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal fees) arising in connection with your breach of these Terms.
18. Invalidity
If any part of these Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms will not be affected and all other clauses remain in full force and effect. So far as possible where any paragraph or part of a paragraph can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the paragraph must be rectified and interpreted in such a way that closely resembles the meaning of that paragraph as is permitted by law.
19. Invalidity
These Terms and any issues arising under these Terms are governed by the laws in force in Western Australia, Australia.
Last updated: 28 September 2022
