Terms & Conditions

Who we are and how to contact us:

Orchard Tech is a leading Contract Management Company (Australia only) to the Australian agriculture and horticulture industries. We are registered in Australia under Suvarnabhoomi PTY LTD T/A Trustee For Suvarnabhoomi Discretionary Trust, Company Number- 141241769. To contact us, please email at orchardtech.com.au. By visiting Orchard Tech App, you agree that these Terms and Conditions (Terms) constitute a legally binding agreement between you and Orchard Tech and that these Terms govern the relationship between you and Orchard Tech. We amend these terms from time to time.

How you may use content on our website:

Orchard Tech is the owner or the licensee of all intellectual property rights of Orchard Tech, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not modify any materials that you download from our App in any way. Orchard Tech’s status (and that of any identified contributors) as the authors of content on Orchard Tech must always be acknowledged. You must not use any part of the content on Orchard Tech for commercial purposes without obtaining a license to do so from Orchard Tech or Orchard Tech’s licensors.

How you may use our Website:

Orchard Tech grants to you a limited, non-exclusive, non-transferable and revocable license to use Orchard Tech – subject to the following terms:

You agree that you will not violate any laws in connection with your use of Orchard Tech. It is your responsibility to obtain any permits or licenses that you require. You may not commit fraud, theft or any crimes against Orchard Tech, another Orchard Tech user, or a third party.

You are responsible for paying all fees that you owe Orchard Tech. You are solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through Orchard Tech.

The Orchard Tech name and logo may not be copied, imitated or used, in whole or in part, without the prior written permission of Orchard Tech. In addition, all page headers, custom graphics, button icons and scripts are service marks, marks and/or trade dress of Orchard Tech, and may not be copied, imitated or used, in whole or in part, without prior written permission from Orchard Tech.

You agree that Orchard Tech is not responsible for, and does not endorse Content posted within the Service. Orchard Tech does not have any obligation to pre-screen, monitor, edit, or remove any Content.

Keep a Backup of your Content

Although it is our intention for Orchard Tech to be available as much as possible, there will be occasions when Orchard Tech may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Orchard Tech reserves the right to remove any photographs, images, videos, usernames, passwords, descriptions, comments, reviews (Content) from Orchard Tech for any reason, without prior notice. Content removed from Orchard Tech may continue to be stored by Orchard Tech, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Orchard Tech encourages you to maintain your own backup of your Content. Orchard Tech will not be liable to you for any modification, suspension, or discontinuation of Orchard Tech, or the loss of any Content.

Keep your Account Details Safe

You must treat your Orchard Tech account details as confidential. You must not disclose them to any third party. We have the right to disable any account details, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].

User-generated content is not approved by us

Our app includes information and materials uploaded by other users of the app, including bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our app do not represent our views or values. If you wish to complain about information and materials uploaded by other users, please contact us at [email protected].

Third party content is not our responsibility

We may utilise third party links, applications or features (each a Third Party). Your use of a Third Party within Orchard Tech is subject to its own prevailing terms and conditions. You acknowledge and agree that Orchard Tech and each of our affiliates, successors and assigns, and our and their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers are not responsible or liable, directly or indirectly, for the content, functions, legality or any other aspect or materials of any Third Party, or for any damage or loss in connection with your use of any Third Party. We encourage you to review the terms of service and privacy policy of any such Third Party.

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising as a result of the download of photographs to you, which will be set out in our Terms and Conditions of Purchase.

If you are a business user

We exclude all implied conditions, warranties, representations or other terms that may apply to our app or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our app; or use of or reliance on any content displayed on our app. In particular, we will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

If you are a consumer user:

We only provide our app for domestic and private use. You agree not to use our app for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

How we may use your personal information: We will only use your personal information as set out in our Privacy Policy.

We are not responsible for viruses and you must not introduce them. We do not guarantee that our app will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our app. You should use your own virus protection software. You must not misuse our app by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our app, the server on which our app is stored or any server, computer or database connected to our app. You must not attack our website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

Rules about linking to our app: You may link to our app, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.

Which country’s laws apply to any disputes? These Terms, their subject matter and their formation, are governed by Australian law. You and I both agree that the courts of Australia and Victoria will have exclusive jurisdiction.