Legal & Policy

Terms and Conditions of Use

1.Application of Terms and Conditions of Use

This Website is owned and operated by BUNGE GRAIN SERVICES (BUNBURY) PTY LTD (ABN 91 148 115 511) (“Bunge” on behalf of Bunge and its related bodies corporate (together called “Bunge”).
By accessing the Website, you agree to be bound by these Terms and Conditions of Use for this Bunge eServices website as well as Bunge’s corporate website (www.Bunge.com.au). Bunge may amend these Terms and Conditions of Use at any time and require you to confirm acceptance of same. If you do not agree to be bound by these Terms of Use, you will not be permitted to use the Bunge Websites.
These Terms and Conditions of Use include our Privacy Policy (as updated from time to time) available in this document

2.Bunge eServices Website and Bunge Corporate website

This section of the Terms and Conditions of Use applies to use of the Website by any user.
The Bunge eServices Website is a platform allowing:

  • Sellers (growers) to transfer certain commodities held in warehouse at a Bunge site and assign all or part of receival ticket(s) to Bunge contracts with a National Grower Register (“NGR”) number.
  • Sellers (growers) to view their commodity transactions and balances held in a Bunge site and view their current Warehouse ownership and the history of their Transfers to Bunge
  • Sellers (growers) to record and review their ISCC (Canola Sustainability) Declaration forms where required as a condition of contracting ISCC Canola to Bunge
  • Sellers (growers) to view their NGR Account details, Bunge contracts, Paid tickets and view invoices (Recipient Created Tax Invoice) for their own use
  • Sellers (growers) and buyers to run reports of commodities within the Bunge warehouse system
    Any contract or payment for the transfer of warehoused stock from a seller to Bunge will be settled outside of this Website on terms agreed by those parties.
    Bunge does not warrant that:
  • The information available to you about your stock holdings, receival tickets, transaction history and transaction volume through the Website is always up to date or accurate
  • You will have 24 hours a day, 7 days per week, access to the Website
  • The services provided on the Website will be error free
  • Data you transmit via the Website is totally secure
  • Bunge is not responsible for data entered by you or any other user on the Website. Bunge is not responsible for any claim or loss in connection with any such incorrect data or information. You agree that all data entered by you is accurate, current and complete.
    You acknowledge and accept the functionality of the Website and the rules associated with transactions as they relate to your access outlined at http://bunge.com.au/grain-prices-forms/
    Bunge may at any time add, remove, change or impose restrictions on the functionality of the Website without limitation and without recourse by you.

 

3.Use of the Website by you

The content and information on the Website, as well as the infrastructure used to provide such content and information, is proprietary to Bunge or its suppliers and providers.

  • You must obtain all necessary consents and permissions and pay all relevant taxes in relation to your use of the Website. You indemnify Bunge for any claim made against it, arising out of or in any way connected with your use of the Website.
  • You must comply with all applicable laws regarding your use of the Website.
  • You warrant that you have provided complete, accurate and current personal information when registering and that you will maintain and update such information. All use of the Website shall be made in good faith.
  • You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from the Website without the necessary permission of the relevant rights holder. In addition, you must not:
  • Access, monitor or copy any content or information of the Website using any robot, spider, scraper, program, algorithm or other automated means or any manual process for any purpose
  • Take any action that imposes, or may impose, in the discretion of Bunge, an unreasonable or disproportionately large load on the Website infrastructure
  • Use any device, software or routine to interfere or attempt to interfere with the proper working of the Website
  • Post or transmit any unlawful, threatening, defamatory, obscene or indecent material or any material that could constitute conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law, regulation or rule that may apply in Victoria from time to time
  • Post or transmit any information which infringes the rights of others including, without limitation, privacy rights or copyright, trade mark or other proprietary rights

 

4. Reversal of Seller Transfers

Bunge may reverse a stock ownership transfer or transaction if:

  • The seller has attempted to transfer more than their stock tonnage or holdings for a particular season, grade and site as recorded by the Website
  • In Bunge’s opinion the security of a seller or buyer has been breached and that seller or buyer confirms that breach
  • The seller and/or Bunge confirm that a data entry error has occurred
  • The transaction involves a buyer that is not registered to use the Website
  • The seller or buyer is in breach of Bunge’s Warehouse Terms & Conditions
  • Bunge claims (acting reasonably) to be owed an amount by the seller or buyer under any other contract or otherwise

Bunge is not responsible for any claim or loss in connection with any such reversal.

5.Security

You are required to provide us with your valid Login (NGR Payee) ID which linked to your primary email address as provided to NGR which will be used as your sole user name to login to the Bunge eServices and corporate Websites where required. We will provide you with a changeable password. It is your responsibility to keep your password safe and secure.
If you believe your user name and password has become known to anyone other than you, please contact us immediately by telephone on 1300 4 BUNGE. Bunge is not responsible for unintended or unauthorised use of your user name or password or any resulting access of the Website.
After you have finished using the Website, you must ensure that you log off.

6.Revocation of Access

Bunge may, in its sole discretion, revoke or suspend your access to the Website immediately if:

  • You breach these Terms of Use
  • You provide any information that is untrue, inaccurate, not current or incomplete or Bunge has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete
  • You attempt to transfer or transact more than your stock tonnage or holdings for a particular season, grade and site as recorded by the Website
  • You are in breach of any term of the Bunge Storage and Handling Agreement available for download at http://bunge.com.au/grain-prices-forms/
  • Requested by a duly appointed receiver, administrator, liquidator or trustee in bankruptcy

 

7.Liability disclaimer

To the extent permitted by law and subject to the statutory warranties below, Bunge:

  • Disclaims all warranties, terms and conditions with regard to the Website and the services offered, including all implied warranties, and conditions, of suitable quality, fitness for a particular purpose, title, and non-infringement
  • Is not liable to you or anyone else for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered, in connection with use of the Website
  • Excludes liability (whether that liability arises under contract, tort (including negligence) or statute) for any special, indirect or consequential loss or damage (including without limitation loss of revenue and loss of, or damage to, data) suffered or incurred in connection with the Website

Without limiting the general disclaimer, Bunge:

  • Makes no warranty or representation regarding the Website, or services on the Website and/or any materials provided in the Website including, without limitation, in relation to merchantability or fitness for a particular purpose. All content is provided on an “as is” basis only
  • Will not be liable for disruptions to the Website
  • Is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of the Website or an external site. You must take your own precautions to ensure that whatever you select for use from the Website is free of viruses or anything else that may interfere with or damage the operation of your computer systems
    The Website is provided for use by Australian residents and these Terms of Use must be read subject to any statutory provisions. If such statutory provisions apply to limit the warranty exclusion referred to above, to the extent to which Bunge is entitled to do so, the liability of Bunge will be limited at its option to the supply of the services again, or the payment of the cost of having the services performed again.
    To the extent permitted by law, Bunge is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any other clients or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.

 

8.Indemnity

You must defend and indemnify, and keep indemnified, Bunge, and/or its suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

        • Your breach of these Terms of Use or the documents referenced herein
        • Your violation of any law or the rights of a third party
        • Your use of the Website

 

9.PRIVACY POLICY

BUNGE GRAIN SERVICES (BUNBURY) PTY LTD (ABN 91 148 115 511) (“Bunge”) and its associated companies (Bunge) recognise that your personal information is important to you. Bunge’s policy on the collection, use and disclosure of an individual’s personal information is in accordance with the Australian Privacy Principles as set out in Privacy Act 1988 (Act) and the 2012 amendments to the Act. By providing information, or otherwise dealing with Bunge after this Policy has been brought to your attention, you acknowledge and consent to the collection, use, storage or disclosure of your personal information in accordance with this Policy and the Act. Bunge collects personal information of individuals for the purposes of administering the services it provides to grower sellers and customers. (“Business Information”)
In relation to Business Information, the following information may be collected – personal information identifying the grower, sellers and customers of commodities such as name, address, date of birth, telephone number, email address, Internet Protocol address, server address, domain name and information on browsing activity, farm and crop details, payment details, information on business combinations, and credit related information.
Bunge stores personal information on its IT systems and servers operated by Bunge. We may also engage third party service providers to assist in storing and processing certain types of personal information for Bunge. Some of these service providers may be located overseas, or use facilities located overseas to provide us with services.
Bunge also stores hard copy documents on which personal information is contained at its corporate offices and various site offices. We will take reasonable steps to keep any personal information that we hold about you secure from misuse, interference and loss, and from unauthorised access, modification or disclosure as required by the Privacy Act. However, except to the extent that liability cannot be excluded due to the operation of statute, we exclude all liability (including in negligence) for the consequences of any unauthorised access to your personal information or sensitive information.
We will not use your personal information other than described above unless for a reasonably related purpose as permitted under the Privacy Act, or we otherwise have your consent.
Bunge’s grower warehouse operations are conducted primarily within Australia, but our servers can be based overseas in shared service centre resources managed by Bunge. It is possible that your personal information may be transferred overseas for the purposes listed above. We will take all reasonable steps to ensure that any personal information we provide to any overseas party is treated appropriately
Please notify us immediately if you become aware of any breach of security. While you are not obligated to provide any personal information (including sensitive information) requested by Bunge, if you choose not to do so where we require this information, we are unlikely to be able to provide you with the services that you require.
Generally words and phrases in this Privacy Policy are used in accordance with or as they are defined in the Privacy Act

10.General

By registering for use of the Website you warrant that you possess the legal authority to enter into this agreement and use the Website in accordance with all terms herein. You agree to be financially responsible for all of your use of the Website.
These Terms of Use are governed by the laws of Victoria, Australia. You hereby consent to the exclusive jurisdiction of Victorian courts in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph.
Bunge may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bunge as a result of this agreement or use of the Website.
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.
These Terms of Use constitute the entire agreement between you and Bunge with respect to the Website and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the client and Bunge with respect to the Website.

 

11.Copyright

All of the content on this website, such as text, graphics, logos, button icons, images, data compilations and software is the property of Bunge or its content suppliers and is protected by Australian and international copyright laws. All software used on this site is the property of Bunge or its software suppliers and is protected by Australian and international copyright laws You may not copy, distribute, reproduce or transmit in any form or by any means, electronic, mechanical, photocopying or otherwise, any of the content of this site, without the prior written permission of Bunge.

 

12.Trademarks

The trademark BUNGE and other trademarks, graphics and logos, and all trade dress used on this site are owned by Bunge or its affiliates, unless indicated otherwise. The overall look and feel of this site, including any trade dress, is also the property of Bunge or its affiliates. Bunge’s trademarks and trade dress may not be used in any manner without the express written permission of Bunge. Any unauthorized use may violate civil or criminal laws. Any other trademarks not owned by Bunge that may appear on this site from time to time are the property of their respective owners, and are used with permission. Bunge makes no representations about them, their owners, their products or services.

13.Revision of Site Content

From time to time, Bunge will revise the information and content of this site, including without limitation, the Privacy Policy. Bunge expressly reserves the right to make changes without any obligation to notify past, current or prospective visitors to the site. Unless otherwise provided, all changes are automatically effective when they are posted on the site. For this reason, we encourage you to check this Statement from time to time.

14.Cookies

Like many companies, Bunge may use “cookie” technology to collect aggregate information. Cookies are tiny elements of data that a site can send to a browser, which may then be stored on your hard drive so we can recognize you when you return. Cookies can enhance your online experience by saving your preferences while you are visiting our site. They do not contain any personally identifiable information. You may be able to set your browser to notify you when you receive a cookie, or to disable cookies altogether.
Any rights not expressly granted herein are reserved.