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Brisbane Markets Price Report Terms of Service

Last updated 8 October 2024

 

Agreement to our Legal Terms

 

These terms and conditions (the ‘Legal Terms’) govern your use of the web and mobile application Brisbane Markets Price Report (the ‘App‘), and any other related products and services that refer to or link to these Legal Terms (collectively, the ‘Services‘).

 

The Services are provided by The Queensland Chamber of Fruit and Vegetable Industries Co-operative (trading as Brismark) (‘Co-operative‘, ‘we‘, ‘us‘, or ‘our‘), a co-operative registered in Australia at Level 2, Fresh Centre, Brisbane Markets, 385 Sherwood Road, Rocklea Queensland 4106. By accessing the Services, you (as the user of the App) acknowledge you have read and agree to be bound by these Legal Terms.

 

If you do not agree to these Legal Terms, you must immediately cease using the Services and uninstall your copy of the App.

 

We may review and amend these Legal Terms from time to time by publishing the new version on the App. Your continued use of the Services after we post changes to these Legal Terms will constitute your agreement to those changes effective from that date.

 

Brisbane Markets Limited (BML) are sponsors of this App but do not own the App or the Services provided.

 

You can contact us by phone at 07 3915 4222, email at admin@brismark.com.au, or by mail to Level 2, Fresh Centre, Brisbane Markets, 385 Sherwood Road, Rocklea, Queensland 4106, Australia

 

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

 

1. Subscription Period

 

(a) These Legal Terms commence on the date you first access the Services (‘Start Date’) and subject to 1b or unless otherwise agreed in writing between the parties, continue for 1 month (‘Initial Subscription Period’).

 

(b) These Legal Terms will automatically renew for ongoing subscription periods of equivalent duration to the Initial Subscription Period unless terminated earlier in accordance with these Legal Terms (‘Subscription Period’).

 

 

2. Intellectual Property Rights

 

Our intellectual property rights

 

You acknowledge that we or our licensors own all legal rights, title and interest in and to the Services, including without limitation all information, data, source and object code, databases, functionality, software, designs, layout, advertising copy, domain names, audio, video, text, photographs, graphics and the ‘look and feel’ of the Services (collectively, the ‘Content‘), as well as the trade marks, service marks, and logos contained therein (the ‘Marks‘).

 

“Brisbane Markets Price Report” and “Brisbane Markets” are trade marks used under licence from Brisbane Markets Limited.

 

You acknowledge nothing in these Legal Terms constitutes a transfer or assignment of any intellectual property rights by us.

 

Licence to Services

 

Subject to your compliance at all times with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable licence to access the Services and download or print a copy of the Content to which you have properly gained access through a subscription, solely for your personal, non-commercial, or internal business purposes (‘Licence’).

 

Except as set out in these Legal Terms, you must not copy, modify, reproduce, adapt, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit any part of the Services, Content or Marks for any commercial purpose whatsoever, without our express prior written permission in the form of a separate written agreement. Any separate agreement will require you to pay additional fees and identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Service, Content or Marks.

 

If you wish to enter a separate agreement to make any use of the Services, Content, or Marks other than as set out in these Legal Terms, please address your request to:

 

Att: Andrew Young, CEO Brismark
Address: Level 2, Fresh Centre, Brisbane Markets,
385 Sherwood Road,
Rocklea, Queensland 4106
Email admin@brismark.com.au

 

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

 

 

3. User Representations and Warranties

 

You represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access or use the Services in any way that constitutes a breach of section 10.

 

 

4. User Resgistration and Responsibility for Sub-Users

 

You must register to use the Services. You agree to keep your password confidential and that you are responsible for all use of your account. If your subscription allows, then you can invite sub-users to access the pricing information to which you have subscribed. However, your sub-users will be required to register to use the Services under their own username and password.

 

We reserve the right to remove, reclaim, or change a username you (or your sub-user) select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

 

 

5. Subscription Plans

 

You must ensure that your sub-users comply with these Legal Terms, and you are responsible for their compliance, acts or omissions of your sub-users as if their non-compliance, acts or omissions were your own.

 

The Service features will depend on the subscription you purchase (‘Subscription Plan’).

 

You may select a Basic, Standard or Premium Subscription Plan as outlined below:

 

Subscription Plan
Features Basic Standard Premium
Number of produce lines/varieties Up to 15 Up to 30 Up to 50
Number of account holders 1 1 1
Number of sub-users 0 Up to 2 Up to 3
Historical data Up to 30 days included Up to 90 days included Up to 180 days included

 

If you would like additional features, such as additional produce lines/varieties, additional sub-users, or the ability to download data, you may contact us to seek a customised subscription plan.

 

If you are a member of Brismark, you may contact us to seek an exclusive member subscription plan.

 

6. Produce Line / Varieties

 

All produce lines/varieties displayed are subject to data availability. We may discontinue data for any produce lines/varieties at any time for any reason.

 

You may change your subscribed produce lines/varieties once every 30 days through the web App.

 

7. Purchase and Payment

 

The fee payable to us for the Services will depend on the Services you have accessed and the Subscription Plan you have selected (‘Subscription Fee’).

 

The Subscription Fee for a Basic, Standard or Premium Plan is as per the price list on our website available at www.brisbanemarketspricereport.com.au as at the Start Date and as advised by us in writing from time to time.

 

The Subscription Fee for a customised or exclusive plan is as per the price agreed in writing between the parties.

 

Unless the parties agree otherwise:

 

(a) the Subscription Fee is payable in advance on a monthly basis;

 

(b) the Subscription Fee advertised is excluding GST;

 

(c) you will provide credit card or direct debit account details, and we will automatically charge the Subscription Fee to the credit card or direct debit account on a monthly basis.

 

Payments for the Subscription Plan are made to Brismark using Stripe, a third-party payment provider. Your payment details are collected and stored by Stripe. By using the Services, you are agreeing to be bound by Stripe’s Terms and Conditions which can be found at https://stripe.com/au/legal/consumer. Brismark is charged a fee by Stripe which is a percentage of the Subscription Fee that you pay.

From time to time, promotional codes may be made available to new subscribers so they can trial the App. A limit of two accounts can be setup per business using a trial promotional code.

 

8. Changes to Subscription Plan

 

We may change your Subscription Plan or the Subscription Fee at any time by providing you with notice in writing before the monthly renewal date.

 

You may change your Subscription Plan or add new features to your Subscription Plan once per Subscription Period through the App.

 

If you change to a Subscription Plan with a higher Subscription Fee, the change will take effect immediately and you must pay a pro-rata amount of the new Subscription Fee for the remainder of the current Subscription Period.

 

If you change to a Subscription Plan with a reduced Subscription Fee, the change will take effect at the beginning of the next Subscription Period. You will not be entitled to any refund of the unused portion of the prior Subscription Fee.

 

 

9. Refunds Policy

 

Unless otherwise specified in these Legal Terms or in your customised Subscription Plan, and to the extent permitted by law, all subscriptions are final, and no refund will be issued.

 

 

10. Prohibited Activities

 

You must not:

 

  • Access or use the Services for any purpose other than as permitted in accordance with the Licence.
  • Except with our prior written consent, access or use the Services in connection with any commercial endeavors.
  • Access the Services through automated or non-human means, whether through a bot, script or otherwise.
  • Access or use the Services for any unlawful purpose.
  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us, Brisbane Markets, the App and/or the Services.
  • Use any information obtained from the Services in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Access or use the Services in a manner inconsistent with any applicable laws, rules, or regulations.
  • Engage in unauthorised framing of or linking to the Services.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content. Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (‘gifs’), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as ‘spyware’ or ‘passive collection mechanisms’ or ‘pcms’).
  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
  • Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, C#, or other code.
  • Decipher, decompile, disassemble, attempt to derive source code, decrypt, or reverse engineer any of the Services.
  • Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Services;
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.
  • Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
  • Use the Services as part of any effort to compete with us, create or attempt to create a product, service or software that is a substitute for or similar to the Services, or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise without our permission.
  • Sell or share information obtained from the Services with other individuals or entities.
  • Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or our licensors.
  • Make the App available over a network or other environment permitting access or use by multiple devices or users not covered by your Subscription Plan.
  • Use the App to send automated queries to any website or to send any unsolicited commercial email.
  • Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App

 

11. User Generated Contributions

 

The Services does not offer users to submit or post content.

 

 

12. Mobile Application Licence

 

Apple and Android Devices

 

The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an ‘App Distributor’) to access the Services:

 

(1) the licence granted to you for our App is limited to a non-transferable licence to use the application on a device that utilises the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;

 

(2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application licence contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App;

 

(3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App;

 

(4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a ‘terrorist supporting’ country and (ii) you are not listed on any US government list of prohibited or restricted parties;

 

(5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and

 

(6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application licence contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application licence contained in these Legal Terms against you as a third-party beneficiary thereof.’

 

 

13. Services Management

 

We may:

 

(1) monitor your access or use of the Services for violations of these Legal Terms;

 

(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities;

 

(3) in our sole discretion and without limitation, notice, or liability, to remove your account from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and

 

(4) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

 

 

14. Privacy Policy

 

We maintain a privacy policy that sets out how we handle your personal information (as defined in the Privacy Act 1988 (Cth) (Privacy Act)). You should review our privacy policy at www.brismark.com.au/privacy-policy/.

 

By accepting these Legal Terms, you will be taken to have read our privacy policy.

 

Our privacy policy is a non-contractual document prescribed by the Privacy Act. It does not impose any contractual obligations on us, and we disclaim any such contractual obligations.

 

 

15. Termination

 

(1) Termination by us

 

We may, in our sole discretion and without notice or liability to you, immediately terminate these Legal Terms, cancel your Subscription Plan, and deny you access to or use of the Services (including blocking certain IP addresses), for any reason, including without limitation any breach of these legal Terms or applicable law or regulation.

 

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil and injunctive redress.

 

(2) Termination by you

 

If you do not agree to any change made by us in accordance with our rights in sections 6 (Produce Line/Varieties), 8 (Changes to Subscription Plan) or 17 (Modifications, Suspension and Interruptions), you may, within 30 days of the change being made, terminate these Legal Terms and cancel your Subscription Plan immediately by written notice. We will refund to you, on a pro-rata basis, any prepaid Subscription Fees for the time remaining in the current Subscription Period as at the effective date of termination.

 

You may otherwise terminate these Legal Terms and cancel your Subscription Plan at any time through the App using the ‘Delete Account’ function. The cancellation will take effect at the end of the current prepaid Subscription Period. Unless otherwise specified in your customised Subscription Plan, you will not be entitled to a refund of any prepaid Subscription Fees.

 

 

16. Consequences of Termination

 

Upon termination of these Legal Terms:

 

a. the Licence terminates immediately;

 

b. any Subscription Fees owed to us under these Legal Terms become immediately payable and due;

 

c. any content or information connected with your account will be deleted; and

 

d. if these Legal Terms are terminated by us, you must not attempt to gain access to the Services by creating a new account, including a new account under a pseudonym or on behalf of a third party.

 

 

17. Modifications, Suspensions and Interruptions

 

We may change, modify, or remove the Services, in whole or in part, at any time or for any reason at our sole discretion without notice. We will not be liable to you or any third party for any change, modification, or removal of the Services.

 

We make no warranty and have no obligation to ensure that the Services are:

 

a. available for use at any given time;

b. compatible with the device or equipment you choose to access the Services on;

c. up to date;

d. error-free.

 

We may suspend (in part or whole), and without prior notice to you, your access to the Services if:

 

e. there is a malfunction, fault, or breakdown of any of our (or our contractors) equipment or if we (or our contractor) need to do any repairs, maintenance, or service on any part of the Services;

f. we are required by law to do so;

g. someone claims the Services (or our provision of the Services) infringes the intellectual property rights of any person;

h. someone brings a claim that exposes us to liability or prosecution for an offence or liability to a statutory prosecution; or

i. we determine or reasonably suspect that you have breached these Legal Terms.

 

A suspension for any of these reasons will not affect any right which accrues prior to, or after, suspension of our obligations under these Legal Terms.

 

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime, suspension, or discontinuance of the Services.

 

We are not obliged, and nothing in these Legal Terms will be construed to obligate us to provide any technical, maintenance or other support for the Services or to supply any corrections, updates, or releases in connection therewith. You acknowledge and agree that:

 

j. access to the Services is reliant upon various factors outside our control, including, without limitation, your internet service provider, telecommunications provider, or equipment used to access the Services; and

k. we will not be responsible or liable for any loss of access or functionality to the Services referred to in this section 17.

 

 

18. Governing Law and Jurisdiction

 

These Legal Terms shall be governed by and defined following the laws of Queensland, Australia. Brismark and yourself irrevocably consent that the courts of Australia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

 

The Services are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction. Accordingly, those persons who choose to access the Services from these jurisdictions do so on their own initiative and are solely responsible for compliance with local laws, to the extent local laws are applicable.

 

 

19. Dispute Resolution

 

You agree to irrevocably submit all disputes related to these Legal Terms or the legal relationship established by these Legal Terms to the jurisdiction of Queensland, Australia courts. Brismark shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Legal Terms are entered into in the course of your trade or profession, the state of your principal place of business.

 

20. Corrections

 

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

 

 

21. Disclaimer

 

The Services are provided on an as-is and as-available basis. You agree that your use of the Services will be at your sole risk.

 

To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

We make no warranties or representations about the accuracy, currency or completeness of the Services or Content, or the content of any website or mobile applications linked to the Services, and we will not be liable for any (1) errors, mistakes, or inaccuracies or content and materials, (2) personal injury or property damage of any nature whatsoever, resulting from your access to and use of the Services, (3) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stores therein, (4) any interruption or cessation or transmission to or from the Services, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services.

 

We do not warrant, endorse, guarantee, or assume responsibility for any transactions between you and any other party as a result of using our services. As with the purchase or sale of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.

 

You acknowledge and agree that the method for calculating the prices is as per the Pricing Method Disclaimer available in the App.

 

 

22. Limitations of Liability

 

To the extent permitted by law, in no event will we or our directors, employees, members or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damaged arising from your use of the Services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, to the extent permitted by law, our total liability under or in connection with these Legal Terms (whether in contract, tort, indemnity, or statute) shall be limited cumulatively in the aggregate to the greater of: (1) the Subscription Fee paid by you for the month prior to any cause of action arising, or (2) AUD$10.00.

 

 

23. Indemnification

 

You agree to defend, indemnify, and hold harmless, us, our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) your breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) any overt harmful act toward any other user of the Services with whom you connected via the Services or (6) your breach of third party service or content provider’s terms and conditions as notified to you. Notwithstanding the foregoing, we may, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

 

24. User Data

 

User Data means any data or content you upload, post, transmit or otherwise communicate through the Services.

 

You grant us a non-exclusive and royalty-free licence to use your User Data for the purpose of providing the Services.

 

You grant us a perpetual, royalty-free, non-exclusive licence to use de-identified and aggregated User Data for the purpose of managing or improving the performance of the Services.

 

We are under no obligation to back-up or otherwise retain data on the Services relating to your account at any time during your use of the Services or after termination of these Legal Terms or cancellation of your Subscription Plan.

 

 

25. Notice

 

You can give us notice under these Legal Terms of Use by contacting us at the details in section 27.

 

We can give you notice under these Legal Terms by emailing you at the address that is attached to your account, through the App, or your Apple ID account.

 

You understand if your contact information is not up to date, we will have no way of notifying you.

 

 

26. Miscellaneous

 

Any waiver of our rights in these Legal Terms must be in writing. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.

 

You must not assign, transfer, or novate any of your rights or obligations under or relating to these Legal Terms. We may assign any or all of our rights and obligations to others at any time.

 

These Legal Terms operate to the fullest extent permissible by law. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.

 

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us merely by virtue of us having drafted them.

 

You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

 

 

 

27. Contact us

 

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at admin@brismark.com.au or via phone at 1800 631 002 or at: Brismark, Level 2, Fresh Centre, Brisbane Markets, 385 Sherwood Road Rocklea, Queensland 4106 Australia.