Terms & Conditions
These Terms and Conditions (Terms) constitute a legally binding agreement between Grain Hero Pty Ltd (ACN 699 145 456) (Grain Hero, we, us or our) and the person or entity accessing or using the Platform (you or User).
By accessing the Platform, registering an Account, submitting Content, or otherwise using any functionality of the Platform, you:
acknowledge that you have read and understood these Terms;
agree to be bound by these Terms;
warrant that you have the legal capacity, and where acting on behalf of an entity, the requisite authority, to enter into this agreement; and
warrant that you are not a person barred from receiving the Platform under any applicable law.
These Terms take effect as a contract between you and Grain Hero from the earlier of the date on which you first access the Platform or the date on which your Account is created. If you do not accept these Terms in their entirety, you must immediately cease all access to and use of the Platform.
1. DEFINITIONS AND INTERPRETATION
Definitions
In these Terms, unless the context otherwise requires:
Account means a user account registered on the Platform, including a Grower Account and a Buyer Account.
Applicable Laws means all statutes, regulations, ordinances, codes, mandatory industry standards and binding determinations of any Governmental Authority applicable to a party or to the Platform.
Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended, and any corresponding State or Territory application legislation.
Bid means any indicative price, offer, quotation, market snapshot or similar commercial information displayed on or through the Platform.
Business Day means a day other than a Saturday, Sunday or public holiday in Sydney, New South Wales.
Buyer means a person or entity identified on the Platform as a purchaser or prospective purchaser of grain.
Confidential Information means all non-public information disclosed by a party, including Platform data, business processes, pricing methodologies and technical information, but excludes information that is or becomes public other than through breach of these Terms.
Consequential Loss means any indirect, special, incidental, punitive or consequential loss, and any loss of profits, revenue, anticipated savings, business, contract, opportunity, production, goodwill, reputation or data, however arising.
Content means any data, text, information, records, files or material submitted, uploaded, transmitted or otherwise made available to the Platform by a User.
Force Majeure Event has the meaning given in clause 21.
Governmental Authority means any government, statutory authority, regulator or court of competent jurisdiction.
Intellectual Property Rights means all present and future rights in respect of copyright, trade marks, designs, patents, circuit layouts, trade secrets, know-how, confidential information, database rights and all other rights of an intellectual property nature, whether registered or unregistered.
Platform means the Grain Hero website, mobile and web applications, dashboards, portals, application programming interfaces, databases and all related services, features and functionality provided by Grain Hero, as varied from time to time.
Privacy Laws means the Privacy Act 1988 (Cth), including the Australian Privacy Principles, and the Spam Act 2003 (Cth), as applicable.
Third Party Services means any website, application, service, infrastructure, dataset or system operated by a person other than Grain Hero.
In these Terms, unless the context otherwise requires:
the singular includes the plural and vice versa;
a reference to a clause is a reference to a clause of these Terms;
headings are for convenience only and do not affect interpretation;
the words "including", "includes" and "such as" are not words of limitation;
a reference to a statute includes any amendment, consolidation or replacement of it and any subordinate legislation made under it;
a reference to a person includes a body corporate, partnership, joint venture, unincorporated association and Governmental Authority;
a reference to a party includes that party's successors and permitted assigns;
no rule of construction applies to the disadvantage of a party on the basis that the party prepared these Terms or any part of them; and
where a word or phrase is defined, its other grammatical forms have a corresponding meaning.
2. NATURE OF THE PLATFORM — LIMITED SCOPE OF SERVICES
The Platform is provided solely as an information and price-discovery service. Grain Hero's role is strictly limited to the electronic display and organisation of commercial information supplied by Users and third parties.
You expressly acknowledge and agree that Grain Hero does not, and shall not be deemed to:
purchase, sell, offer to purchase or offer to sell grain or any commodity;
act as a broker, dealer, market maker or trading venue;
store, grade, sample, test, handle or transport grain;
take title to, possession of, or any security interest in grain;
act as an agent, representative, adviser, trustee or fiduciary of, or owe any fiduciary duty to, any User;
provide any financial service requiring an Australian Financial Services Licence;
guarantee, underwrite, warrant or otherwise assume responsibility for the performance, solvency or conduct of any User or third party; or
become a party to, or accept any liability in respect of, any transaction, contract, negotiation or dealing between Users or between a User and any third party.
No Bid, price, ranking, comparison or other information displayed on the Platform constitutes:
an offer capable of acceptance;
an invitation to treat giving rise to any binding obligation;
a representation as to the availability or terms of any transaction; or
a commitment by Grain Hero, any Buyer or any other person.
Independent Verification - Condition Precedent to Use: It is a fundamental condition of your use of the Platform that you independently verify, directly with the relevant counterparty, all prices, grades, specifications, delivery terms, quantities, payment terms, counterparty identity, authority and creditworthiness prior to entering into any transaction or incurring any commitment. Grain Hero accepts no liability for any failure by you to do so.
3. DISCLAIMERS AS TO INFORMATION
All Bids, prices, market snapshots, averages, comparisons, rankings, distance calculations and other market information are provided for general price-discovery purposes only and, without limitation, may:
be indicative rather than firm, binding or executable;
be delayed, historical, incomplete, superseded or temporarily unavailable;
be varied, suspended or withdrawn at any time without notice;
apply only to specified grades, seasons, quantities, delivery periods or locations;
exclude freight, storage, handling, testing, levies, taxes, quality adjustments or other costs;
be conditional upon Buyer approval, availability, credit assessment or separate contractual terms;
be sourced from Buyers or third parties without independent verification by Grain Hero; and
contain errors arising from source data, data importing, automated extraction, matching, mapping, transcription or other processing.
To the maximum extent permitted by law, Grain Hero gives no warranty, representation, guarantee or undertaking (express or implied) as to the accuracy, completeness, currency, reliability, fitness for purpose or availability of any information displayed on the Platform.
Nothing on the Platform constitutes financial product advice, investment advice, legal advice, taxation advice, agronomic advice, credit assistance or personalised business advice. No information on the Platform takes account of your objectives, financial situation, needs or circumstances. You must obtain independent professional advice appropriate to your circumstances before acting.
Buyer names, locations and contact particulars are published to facilitate direct communication only. Grain Hero does not warrant that any such information is accurate or current, that any identified contact holds authority to bind the relevant entity, that a Buyer will respond, that a Buyer is solvent or creditworthy, or that a Buyer is suitable for any particular User or transaction.
You acknowledge that Content displayed on the Platform may be submitted by Buyers or authorised Users, entered by Grain Hero personnel, imported from documents, spreadsheets, websites or data feeds, or processed by automated extraction, matching or mapping tools, and that such processes may produce incorrect matches, omissions, duplications, formatting anomalies or other errors. Grain Hero may, at its discretion, review, correct, suspend, deactivate, supersede or remove any Content where it reasonably considers it necessary to preserve the integrity or operation of the Platform, and is under no obligation to do so.
4. ACCOUNTS AND USER OBLIGATIONS
Where you register or use an Account, you agree to:
provide accurate, complete and current registration information and maintain it as such;
keep all authentication credentials secure and confidential and not disclose them to any third party;
implement reasonable measures to prevent unauthorised access to your Account;
notify Grain Hero immediately upon becoming aware of, or suspecting, any unauthorised access or security incident;
use the Account only for lawful purposes and in accordance with these Terms; and
comply with all role, permission and access restrictions applicable to your Account.
You are liable for all acts and omissions occurring through your Account, and for all Content submitted through it, whether or not authorised by you, except to the extent that such activity results directly from a security failure caused by Grain Hero's negligence or breach of these Terms.
Grain Hero may, as a precondition to activating an Account or enabling any feature, require evidence of identity, corporate authority, ABN/ACN registration, or such other verification as it considers reasonably necessary. Grain Hero is under no obligation to activate any Account.
5. GROWER ACCOUNTS
Grower Accounts may enable a User to save preferences, track Bids, access Buyer information and receive a personalised Platform experience.
Tracked Bids, saved Bids, saved searches, notifications, alerts and preferences are convenience features provided on a best-efforts basis and without warranty of any kind. For the avoidance of doubt, tracking or saving a Bid does not:
reserve, secure or hold the Bid or any quantity;
fix or freeze the price, grade, specification or any other term;
prevent the Bid from being amended, superseded or withdrawn at any time;
constitute a warranty that the Bid remains current or active;
oblige Grain Hero to issue any notification, or warrant that a notification will be issued, delivered or received in a timely manner; or
create any contract, option, right or obligation of any kind, whether between you and Grain Hero or between you and any Buyer.
It is your responsibility to reconfirm the applicable price and all other material terms directly with the relevant Buyer immediately prior to entering into any transaction. Reliance on Platform displayed information without such reconfirmation is at your sole risk.
6. BUYER ACCOUNTS AND BUYER PORTALS
Buyer Accounts may permit authorised persons to submit, create, edit, supersede, deactivate or otherwise manage Bids and contact information relating to their organisation.
Each person accessing a Buyer Account represents, warrants and undertakes, on a continuing basis and on each occasion of use, that:
they are duly authorised to act on behalf of the relevant organisation and to bind it in respect of the information submitted;
all information submitted is true, accurate, complete, current, lawful and not misleading or deceptive;
prices and contact particulars will be maintained in a reasonably current state and promptly withdrawn or updated when superseded;
the submission of such information does not breach any Applicable Law, industry code or contractual obligation owed to any third party; and
the organisation holds all licences, registrations and approvals required to conduct its business.
The Buyer organisation remains fully responsible and liable for all Content submitted to the Platform on its behalf, whether by an authorised person or otherwise, and for any consequence arising from the inaccuracy, currency or withdrawal of that Content.
7. ACCOUNT APPROVAL, SUSPENSION AND ACCESS
Grain Hero may, in its absolute discretion and without liability, approve, reject, suspend, restrict, vary or cancel any Account where it reasonably considers such action necessary or desirable to:
verify a User's identity, authority or eligibility;
protect the Platform, its Users or any third party;
address actual or suspected misuse, fraud or breach of these Terms;
correct an incorrect or unauthorised Account association;
comply with Applicable Laws or the direction of a Governmental Authority;
respond to a security concern or incident; or
enforce these Terms.
Grain Hero may vary the features, permissions and entitlements attaching to any Account type at any time, and will notify affected Users where reasonably practicable. No User acquires any vested right in any Platform feature.
8. ACCEPTABLE USE
You must not, and must not permit, assist, procure or encourage any other person to:
use the Platform unlawfully, fraudulently, dishonestly or for any improper purpose;
submit false, misleading, deceptive, defamatory or unauthorised information;
impersonate any person or organisation, or misrepresent your affiliation with any person or organisation;
scrape, crawl, harvest, index, mine or systematically extract data from the Platform by any manual or automated means without Grain Hero's prior written consent;
use the Platform to transmit spam, unsolicited commercial electronic messages or communications in breach of the Spam Act 2003 (Cth);
overload, disrupt, degrade or interfere with the operation, integrity or performance of the Platform or any connected network;
circumvent or attempt to circumvent any authentication, permission, rate-limiting or security control;
access or attempt to access any other User's Account, or any data or area of the Platform to which you have not been granted access;
introduce or transmit any malware, virus, worm, trojan, ransomware or other harmful code;
decompile, disassemble, reverse engineer or otherwise attempt to derive the source code, structure or algorithms of the Platform, except to the minimum extent expressly permitted by Applicable Law and only after prior written notice to Grain Hero;
copy, reproduce, republish, resell, sublicense or commercially exploit any part of the Platform or its data; or
infringe the Intellectual Property Rights, privacy rights or other legal rights of any person.
Any breach of clause 8.1 constitutes a material breach of these Terms and entitles Grain Hero to suspend or terminate your access immediately and without notice, without prejudice to any other right or remedy available to it at law or in equity.
9. COMMUNICATIONS
You consent to Grain Hero sending you communications reasonably required to operate your Account or the Platform, including verification and security messages, Account approval notices, tracked Bid and other Platform notifications, service updates, notices of variation to these Terms, and customer support communications. Such communications form part of the Platform and may not be opted out of while your Account remains active.
Marketing communications will be sent only in accordance with the Privacy Laws and will include a functional unsubscribe facility where required.
Any communication sent by Grain Hero to the email address recorded against your Account is deemed received on the earlier of actual receipt and the expiry of 24 hours from transmission, unless a delivery failure notice is received.
10. THIRD PARTY SERVICES
The Platform may use, integrate with, embed or link to Third Party Services, including hosting providers, databases, email and messaging services, analytics tools, mapping and geolocation services and payment infrastructure.
To the maximum extent permitted by law, Grain Hero has no control over, and accepts no responsibility or liability for, the availability, security, performance, content, accuracy, lawfulness or data-handling practices of any Third Party Service, or for any act or omission of any third party operator.
Your use of any Third Party Service may be governed by separate terms and privacy policies imposed by the relevant third party. You are responsible for reviewing and complying with those terms. No provision of these Terms operates to vary them.
11. INTELLECTUAL PROPERTY
All Intellectual Property Rights in and to the Platform, including its software, source code, object code, design, branding, trade marks, databases, data compilations, layout, graphics, text, look and feel, and all functionality, are and remain the exclusive property of Grain Hero or its licensors. Nothing in these Terms transfers or assigns any Intellectual Property Right to you.
You must not use Grain Hero's name, trade marks, logos, get-up or branding without Grain Hero's prior written consent, except to the extent expressly permitted by Applicable Law.
Subject to your continued compliance with these Terms, Grain Hero grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Platform for its intended purpose during the term of these Terms. This licence terminates automatically on termination or suspension of your access.
All rights not expressly granted are reserved to Grain Hero.
12. USER-PROVIDED CONTENT
As between you and Grain Hero, you retain ownership of all Intellectual Property Rights in Content that you lawfully submit to the Platform.
You grant Grain Hero a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable licence to host, store, cache, reproduce, adapt, format, process, transmit, display and otherwise use the Content to the extent reasonably required to:
operate, maintain, secure and improve the Platform;
display Bids and Buyer information to Users;
perform data imports, matching, mapping, validation and quality-assurance processes;
provide customer support;
maintain business, audit and compliance records;
investigate suspected breaches, security incidents or disputes; and
comply with Applicable Laws or the lawful direction of any Governmental Authority.
Grain Hero may generate, retain and use de-identified, aggregated or statistical data derived from Content for any lawful purpose, including analytics, benchmarking and product development, provided such data does not identify you or any individual.
You represent and warrant that you hold all rights, consents, permissions and authority necessary to submit the Content and to grant the licence in clause 12.2, and that the Content does not infringe the rights of any person or breach any Applicable Law.
The licence in clause 12.2 survives termination of these Terms to the extent necessary to give effect to clauses 12.2.5 to 12.2.7 and clause 12.3.
13. PLATFORM AVAILABILITY AND CHANGES
Grain Hero will take reasonable steps to maintain the availability and functionality of the Platform but does not warrant that the Platform will be continuously available, uninterrupted, timely, secure or error-free.
The Platform may be unavailable or degraded due to scheduled or emergency maintenance, upgrades, third-party provider outages, telecommunications or internet failures, cyber incidents, data-source failures, or any other circumstance beyond Grain Hero's reasonable control.
Grain Hero may add, modify, suspend, withdraw or discontinue any feature, function or part of the Platform at any time, with or without notice, and without liability to any User.
14. SECURITY
Grain Hero implements reasonable technical and organisational measures to protect the Platform. You acknowledge that no internet-based system can be guaranteed to be secure and that transmission of data over the internet is inherently at your own risk.
You are responsible for maintaining secure and suitably configured devices and networks, protecting your authentication credentials, and taking all reasonable precautions to secure your Account.
You must notify Grain Hero immediately at hello@grainhero.com.au upon becoming aware of, or suspecting, any security incident, credential compromise or unauthorised access affecting your Account or the Platform.
15. PRIVACY AND CONFIDENTIALITY
Grain Hero collects, uses, stores and discloses personal information in accordance with the Privacy Laws and Grain Hero's Privacy Policy, which is incorporated into these Terms by reference. By using the Platform you consent to such handling.
Each party must keep confidential all Confidential Information of the other party and must not disclose it except:
to its personnel and professional advisers on a need-to-know basis and subject to equivalent confidentiality obligations; or
with the disclosing party's prior written consent; or
as required by Applicable Law or a Governmental Authority.
16. SUSPENSION AND TERMINATION
You may cease using the Platform at any time. You may request deletion of your Account by contacting hello@grainhero.com.au or by using any Account-deletion functionality made available on the Platform.
Grain Hero may suspend, restrict or terminate your access to the Platform, in whole or in part, immediately and without liability, where it reasonably considers that:
you have breached these Terms;
your use is or may be unlawful, fraudulent or deceptive;
there is a security, legal, regulatory or reputational risk;
an Account association is unauthorised or incorrect;
it is unable to verify information relevant to your Account; or
such action is necessary to protect Grain Hero, the Platform, its Users or any third party.
On termination, your licence under clause 11.3 immediately ceases and you must discontinue all use of the Platform. Termination does not affect any accrued rights, remedies or liabilities of either party.
Clauses 1, 2, 3, 8, 11, 12 (to the extent stated), 15, 16.3, 16.4, 17, 18, 19, 20, 22, 24 and 25, and any other provision which by its nature is intended to survive, continue in full force after termination.
17. AUSTRALIAN CONSUMER LAW
Nothing in these Terms excludes, restricts or modifies any guarantee, right, remedy or other protection conferred on you by the Australian Consumer Law or any other Applicable Law which cannot lawfully be excluded, restricted or modified (Non-Excludable Rights).
These Terms are to be read subject to the Non-Excludable Rights. To the extent of any inconsistency, the Non-Excludable Rights prevail. If any provision of these Terms would otherwise contravene a Non-Excludable Right, that provision is to be read down or severed in accordance with clause 25.1.
18. LIMITATION AND EXCLUSION OF LIABILITY
Subject to clause 17, and to the maximum extent permitted by law, the Platform and all information made available through it are provided on an "as is" and "as available" basis, without warranty of any kind, whether express, implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, accuracy or non-infringement.
Subject to clause 17, and to the maximum extent permitted by law, Grain Hero is not liable to you or any other person for any loss, damage, cost, expense or claim of any kind arising from or in connection with:
any decision, act or omission made in reliance (whether wholly or partly) on information displayed on or obtained through the Platform;
any negotiation, communication, contract or dealing between Users, or between a User and any third party;
any failure, delay or default in payment, delivery, collection, settlement or performance;
any dispute concerning grain quality, grade, specification, weight, moisture, testing, sampling or grading;
the insolvency, default, misconduct, fraud, negligence or unlawful conduct of any Buyer, Grower, User or third party;
any inaccuracy, error, omission, delay, duplication or unavailability in any Bid or other information;
any unavailability, interruption, degradation, defect or security incident affecting the Platform;
any act or omission of a Third Party Service; or
any transaction or proposed transaction between Users or between a User and a third party.
Subject to clause 17, and to the maximum extent permitted by law, Grain Hero is not liable in contract, tort (including negligence), statute, equity or otherwise for any Consequential Loss, whether or not Grain Hero was advised of, or ought reasonably to have foreseen, the possibility of such loss.
Where liability cannot lawfully be excluded but may lawfully be limited, Grain Hero's liability is limited, at Grain Hero's election and to the extent permitted by law, to:
resupplying the relevant service; or
paying the reasonable cost of having the relevant service resupplied.
Subject to clauses 17 and 18.4, and to the maximum extent permitted by law, Grain Hero's aggregate liability to you in respect of all claims arising under or in connection with these Terms and your use of the Platform, whether in contract, tort (including negligence), statute or otherwise, is limited to the greater of AUD $100 and the total fees (if any) paid by you to Grain Hero in the twelve (12) months immediately preceding the first event giving rise to the liability.
Grain Hero's liability is reduced proportionately to the extent that any loss is caused or contributed to by your act, omission, negligence, breach of these Terms, or failure to take reasonable steps to mitigate.
Nothing in this clause 18 excludes or limits liability to the extent it cannot lawfully be excluded or limited.
19. INDEMNITY
To the maximum extent permitted by law, you indemnify and must keep indemnified Grain Hero, its related bodies corporate, and their respective directors, officers, employees, contractors and agents (Indemnified Parties) against all loss, claim, liability, damage, penalty, and reasonable cost or expense (including reasonable legal costs on a solicitor–client basis) suffered or incurred by any Indemnified Party arising from or in connection with:
your unlawful, fraudulent or improper use of the Platform;
any Content or information submitted by you, or on your behalf, without appropriate authority or in breach of clause 6.2 or clause 12.4;
your breach of these Terms;
your infringement of the Intellectual Property Rights or other rights of any person; or
any transaction, negotiation or dispute between you and another User or any third party,
except to the extent that the relevant loss was caused or contributed to by the negligence, unlawful act or breach of these Terms by an Indemnified Party.
The indemnity in clause 19.1 is a continuing obligation, independent of your other obligations, and survives termination of these Terms. It is not necessary for Grain Hero to incur expense or make payment before enforcing it.
20. DISPUTE RESOLUTION
A party must not commence proceedings in respect of a dispute arising under these Terms (other than proceedings seeking urgent interlocutory or injunctive relief) unless it has first issued a written notice to the other party specifying the nature and particulars of the dispute and the relief sought.
The parties must, within twenty (20) Business Days of the notice under clause 20.1, meet (in person or by electronic means) and use reasonable endeavours to resolve the dispute in good faith.
Grain Hero is not a party to, and accepts no responsibility for the resolution of, any dispute between Users or between a User and a third party. Grain Hero may, but is not obliged to, provide factual Platform records in response to a lawful request.
21. FORCE MAJEURE
Grain Hero is not liable for any failure or delay in performing its obligations under these Terms to the extent caused by an event beyond its reasonable control, including act of God, natural disaster, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, strike or industrial action, governmental action or restriction, failure of telecommunications, internet or power infrastructure, cyber-attack, denial-of-service attack, or failure of any Third Party Service (Force Majeure Event).
If a Force Majeure Event continues for more than sixty (60) consecutive days, either party may terminate these Terms by written notice, without liability to the other.
22. NOTICES
Any notice under these Terms must be in writing and delivered to Grain Hero, by email to hello@grainhero.com.au or by prepaid post to 485 South Dowling Street, Surry Hills NSW 2010.
Any notice under these Terms must be in writing and delivered to you by email to the address recorded against your Account or by notice posted on the Platform.
A notice is deemed given:
if delivered by hand, on delivery;
if sent by prepaid post, on the third Business Day after posting; and
if sent by email, at the time of transmission, unless a delivery failure notice is received.
23. AMENDMENT OF THESE TERMS
Grain Hero may amend these Terms at any time in its discretion.
Amended Terms will be published on the Platform together with an updated effective or revision date.
Where an amendment materially and adversely affects registered Users, Grain Hero will use reasonable endeavours to notify affected Users by email or by notice on the Platform prior to the amendment taking effect.
Your continued access to or use of the Platform after amended Terms take effect constitutes your acceptance of those amended Terms. If you do not accept the amended Terms, you must cease all use of the Platform and may request deletion of your Account under clause 16.1.
24. GOVERNING LAW AND JURISDICTION
These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them, are governed by the laws of New South Wales, Australia.
Each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales and the courts entitled to hear appeals from those courts, and waives any objection to proceedings in those courts on the grounds of venue or inconvenient forum.
25. GENERAL PROVISIONS
Severability. If any provision of these Terms is or becomes invalid, illegal or unenforceable, it must be read down to the minimum extent necessary to make it valid and enforceable. If it cannot be read down, it is severed, and the remaining provisions continue in full force and effect.
Waiver. No failure or delay by a party in exercising a right, power or remedy operates as a waiver of it. A waiver is effective only if in writing and signed by the waiving party, and applies only to the specific instance identified.
Entire Agreement. These Terms, together with the Privacy Policy and any additional terms expressly applicable to a particular service or feature, constitute the entire agreement between the parties in respect of their subject matter and supersede all prior representations, negotiations, understandings and agreements. Where any inconsistency arises, these Terms prevail unless the additional terms expressly provide otherwise.
No Reliance. You acknowledge that you have not relied on any representation, warranty or statement made by or on behalf of Grain Hero other than as expressly set out in these Terms.
Assignment. You must not assign, novate or otherwise deal with your rights or obligations under these Terms without Grain Hero's prior written consent. Grain Hero may assign or novate its rights and obligations without consent, including in connection with a sale of business, merger or corporate reorganisation.
Relationship of Parties. Nothing in these Terms creates any partnership, joint venture, employment, agency, trust or fiduciary relationship between the parties.
No Third Party Rights. Except for the Indemnified Parties under clause 19, a person who is not a party to these Terms has no right to enforce any of its provisions.
Further Assurances. Each party must do all things reasonably necessary to give full effect to these Terms.
Counterparts and Electronic Acceptance. Acceptance of these Terms by electronic means, including by clicking "accept", registering an Account or continuing to use the Platform, is valid and binding for all purposes, including under the Electronic Transactions Act 1999 (Cth) and its State and Territory equivalents.
Grain Hero Pty Ltd
ACN 699 145 456
485 South Dowling Street, Surry Hills NSW 2010, Australia
Email: hello@grainhero.com.au
Telephone: 0413 320 648