WoolQ Terms of Use

What is WoolQ?

WoolQ is a project owned and managed by Australian Wool Innovation Limited (ABN is 12 095 165 558) acting for itself and on behalf of its subsidiaries and affiliates (collectively AWI).

WoolQ is an online platform that aims to allow woolgrowers and industry participants to easily harness digital efficiencies across the wool-growing and selling cycle. Its goal is to facilitate digital communication and exchange to leverage new opportunities.

Terms of Use

These Terms of Use apply to all WoolQ related websites, apps and e-commerce platforms that are owned, operated, managed and controlled by AWI acting for itself and on behalf of its subsidiaries and affiliates (the Channels).

Your use of the Channels including any content, information, data, graphics, text, software and materials whether provided by you or us and made available from time to time (Content) is governed by these Terms of Use and the WoolQ Privacy Policy. If you do not agree with these Terms of Use or the WoolQ Privacy Policy, you should stop using the Channels. If you continue using the Channels, this use will be your own responsibility and at your own risk.

Online commercial transactions made via the Channels are governed by additional terms and conditions which will be available to you at the time of the transaction.

We, us or our refers to AWI acting for its and on behalf of its subsidiaries and affiliates.

Content and information available on the Channels

WoolQ offers a range of functionalities, including, but not limited to:

  • Industry Network– an industry directory and discussion forum connecting woolgrowers, classers, brokers and buyers.
  • WoolQ Forum – a platform to connect and engage with other WoolQ users. It offers contemporary communication tools to share ideas, experiences and learnings across the whole industry or within specific groups.
  • My WoolQ– a central collection and storage point for your clip and inventory information. Your personal dashboard shows analysis of your clip, test results and current estimated market value of your wool.
  • WoolQ Market - an interactive marketplace that enables the matching of buying and selling interests for the sale and purchase of any tested/marketable wool.
  • eSpeci - an electronic version of the paper specification that allows you to capture, share and store your clip details digitally.
  • WoolQ Ready Reckoner & Recent Sales - a tool that provides market value estimates for wool and costs associated with the wool sale process. The Content relating to the WoolQ Ready Reckoner tool is based on information you have inputted and other available data (which may be out of date, inaccurate or incomplete). Any estimates provided are done without verifying wool quality, market conditions or other factors which may affect value and costs. The estimates should be treated as a guide only and are current only at the time of publication.

The above information and functionalities are available as Content on the Channels. While we use reasonable care to ensure our Content is up to date, we make no representations or warranties about the accuracy, currency or completeness of our Content. The Content is provided to you on an AS IS and AS AVAILABLE basis and on the condition that you take all responsibility for assessing the accuracy, currency and completeness of the Content. We encourage you to conduct your own inquiries, and if you choose to rely on the Content, you do so at your own risk.

On certain Channels, Content is provided by third parties, including you or other users. We do not independently verify the extent to which you or third parties are legally authorised, capable or skilled in relation to the listing or information and we will not be liable for the same.

Unless expressly stated otherwise, the Content does not constitute an offer or inducement to enter into a legally binding contract, or form part of the terms and conditions for our products and services.

Availability of the Channels

While we use reasonable care to ensure that access to the Channels are uninterrupted, you acknowledge that internet services are subject to interruption, breakdown, viruses, delays, interception, interference and other errors involving communications networks, computer systems, servers, providers, computer equipment and software which are often outside of our control.

We do not warrant that access to the Channels or the functions within it (e.g. hyperlinks and tools) will be error free, free from defects or harmful code or that any such defects or errors will be corrected. You must take your own precautions to ensure against viruses or anything else such as worms or Trojan horses that may interfere with or damage the operations of your computer systems.

In relation to any device which you use to access the Channels, we recommend that you obtain, utilise and maintain up-to-date virus, security and intrusion prevention and scanning software which is specifically designed for the device you use to access the Channels.

User conduct

You are responsible for all of your activity in connection with accessing the Channels. Any breach of the Community Standards outlined below or otherwise unlawful activity by you may be grounds for termination of your access to the Channels and/or legal action which may be pursued by us without further notice to you.

If we issue you with a user-ID and password that permit you to access certain parts of the Channels, you are solely responsible for any use of the Channels via those log-in details, whether authorised or not.

You agree that you will not (either yourself or through any third party):

  • use any device, software, process or routine to interfere or attempt to interfere with the proper working of the Channels or any transaction or process being conducted on or through the Channels;
  • take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the Channels;
  • disrupt, modify or interfere with the Channels or associated software, data, hardware and/or servers in any way (including by uploading or transmitting viruses or other types malicious code), and you agree not to impede or interfere with others use of the Channels;
  • attempt to modify, add, delete or download the Channels website and associates files, source code, stored data which is not in the standard publicly available published information set;
  • use the Channels for the purpose of harming or attempting to harm third parties in any way; or
  • transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam) to any address mentioned on our Channels or otherwise made available via our Channels.

Other than connecting to our server by a http request using a web browser you may not attempt to gain access to our servers by any means including without limitation by using administrator passwords or by masquerading as an administrator whilst using the Channels.

You must comply with all applicable laws and regulations that relate to your use of or activities on the Channels. We reserve the right to report potentially criminal or unlawful activity to appropriate law enforcement agencies without further notice to you.

Community Standards

Our Community Standards apply to all interactions within our Channels, including the WoolQ Forum, and all Content uploaded, posted or shared on the Channels. The Community Standards form part of these Terms of Use.

You agree that any Content uploaded, posted or shared by you via the Channels is in accordance with the Terms of Use, including the Community Standards.

While we use reasonable care to ensure that all Content is appropriate we reserve the right, but have no obligation, to review, edit, remove or take-down any of your Content, without notice and in our sole discretion, if we consider that it is:

  • intentionally false, misleading or deceptive;
  • defamatory or otherwise unlawful;
  • bullying or harassment, including any content that is or is likely to be considered insulting, humiliating or discriminatory on the basis of race, gender, religion, ethnicity, sexual orientation, age or any physical or mental disability;
  • inappropriate, objectionable or offensive. This includes but is not limited to any content that is sexually orientated, vulgar, obscene, profane, or promotes or incites violence or unlawful activities;
  • spam, phishing, scraping, contains or links to viruses or other malicious code, or is otherwise repetitive, vexatious or unwarranted;
  • compromises the privacy or personal information of another person without their consent;
  • advertising or promoting any goods or services (unless expressly permitted or authorised by us, for example you will be able to list wool for sale via the WoolQ Market tool with the help of your broker).
  • soliciting donations, passwords or other personal information from another person without their consent;
  • impersonating another person; or
  • violating or infringing the intellectual property rights of another person,

(the Community Standards).

We reserve the right, without notice and in our sole discretion, to terminate your access to the Channels if we believe you have violated or breached the Terms of Use including the Community Standards.

We are not responsible for, and accept no liability with respect to, any Content uploaded, posted or otherwise made available on the Channels by any person other than us. We will not be taken to have uploaded, posted or made Content available on the Channels simply by facilitating others to do so. We do not endorse or accept responsibility for any opinion, advice or statement uploaded, posted or shared by any person on the Channels other than us.

Your Content

Ownership in your Content remains with you. By uploading, posting or otherwise making available your Content via our Channels you grant us a royalty-free, perpetual, non-exclusive, worldwide licence to use, reproduce, modify, adapt, and sublicense any such Content for any purpose, and to authorise others to do the same, provided that to the extent your Content contains your personal information, we will only use such personal information in accordance with the WoolQ Privacy Policy.

You shall indemnify us, our employees, representatives and third party service providers from any and all claims and liabilities (including reasonable legal fees) which may arise from your Content, from your unauthorised use of other Content, unauthorised access to the Channels or from your breach of these Terms of Use or any other act or omission relating to or connected with the Channels or Content

Users are advised to regularly back up your data, including any important information you store on WoolQ.  This is the responsibility of the user; WoolQ does not have a duty to back up your data or to restore data that is lost.

Links to third party websites

Our Channels may contain links to other websites some of which may be white-labelled or co-branded with our logos; however these websites may not be owned, operated, maintained or controlled by us. The inclusion of these links is not intended to indicate that we sponsor, approve or endorse the websites (unless we specifically state otherwise). We are not responsible for the content, availability, useability nor the privacy practices or policies of those websites and recommend that you review their terms of use and privacy policies. Access to the third party websites is at your own risk.

Termination and suspension

We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any Channels (or any service offered through any Channels) at any time. If this occurs, you are no longer able to, or authorised to, access such Channels. All provisions of these Terms of Use which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, our licence to your Content, disclaimers, indemnities and limitations of liability.

Your Consumer Rights

You may have rights under applicable consumer protection legislation, such as the Australian Consumer Law, which cannot be excluded, restricted or modified by these Terms of Use (your Consumer Rights). You can find out more about your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.

Our Liability

Nothing in these Terms of Use is intended to exclude, restrict or modify your Consumer Rights. We exclude all other conditions and warranties implied by custom, law or statute. If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible.

You must notify us without delay of any loss you suffer in connection with the Channels or the Content and you must take all other reasonable steps to minimise your loss.

To the maximum extent permitted by law, we are not liable for any loss, expense, claim or damage in connection with the Channels and Content, including: for any business-related or personal loss including loss of revenue, profits, contracts, anticipated savings, data, goodwill, opportunity, reputation or productivity; for any interference with or damage to your computer systems as a result of the Content or connection to the Channels; or for any indirect, incidental, special and/or consequential loss whatsoever, whether or not this is caused by a negligent act or omission.

To the maximum extent permitted by law, our aggregate liability in connection with the Channels or Content will not exceed one hundred Australian dollars.

Copyright and trade marks

Copyright in our Content is owned or licensed by us, unless indicated otherwise. Except where necessary for viewing the Content via the Channels, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no Content on the Channels may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of us or our licensor(s) (as appropriate).

Trade marks used by us on the Channels are owned by us or third parties. You must not use, upload, post or otherwise making available trade marks on the Channels without the trade mark owner's consent.

Changes to these Terms of Use

We may at any time vary these Terms of Use by publishing a new version  via the Channels. You accept that by doing this, we have provided you with sufficient notice of any such variation. Use of the Channels at any time is governed by the current Terms of Use. Whenever you access our Channels, you should ensure that you are familiar with the current version of these Terms of Use.

Jurisdiction

The law applicable to the Channels and to disputes arising in connection with the Channels including Content is the law of the State of New South Wales, Australia.

Contacting Us

You can contact us at our registered office at Level 6, 68 Harrington Street, The Rocks, Sydney NSW, Australia 2000 or by phone on (02) 8295 3100.

WoolQ Terms of Use Version 2.0 - dated 17 July 2018.