Glossary of Terms

Last updated February 2019

Ad(s) means any advertising content posted, provided or uploaded to ProduceMarkets.com by a Subscriber in respect of Produce, including but not limited to commentary, text, illustrations, photos, audio, video or any combination of these or any other material.

Agent means a Subscriber who sells Produce on behalf of a Grower on ProduceMarkets.com.

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Business Day means a day on which banks are open for general business in Sydney, Australia, other than a Saturday, Sunday or public holiday.

Code means the Horticulture Code of Conduct.

Credits means advertising credits which may be purchased and exchanged for Ad space.

Grower means a Subscriber who grows Produce and promotes that Produce on ProduceMarkets.com.

Indemnity is defined in clause 16.1 of the User Terms.

Infringing Content is defined in clause 13.1 of the User Terms.

Laws means all laws, statutes, regulations, edicts, by-laws, mandatory codes of conduct, standards and guidelines, whether local, national, international or otherwise existing from time to time to which that party is subject and which is relevant to that party's rights or obligations, including Australian Consumer Law.

Licenses is defined in clause 10.1 of the User Terms.

Linked Sites is defined in clause 14.5 of the User Terms.

Losses is defined in clause 16.1 of the User Terms.

Merchant means a Subscriber who purchases Produce from a Grower and resells that Produce on ProduceMarkets.com.

ProduceMarkets.com means the ProduceMarkets.com website and any other affiliated platform that may be introduced from time to time.

ProduceMarkets.com Terms means the most updated version of the User Terms, the Privacy Statement and the Glossary as agreed between ProduceMarkets.com and a User and any other terms, conditions, notices and disclaimers displayed on ProduceMarkets.com from time to time.

Privacy Statement means the most updated version of the Privacy Statement.

Produce means any processed or unprocessed products posted on ProduceMarkets.com by a Subscriber in an Ad including fruit, vegetables (including mushrooms and other edible fungi), nuts, herbs and any other edible plants.

Produce Agreement means a written and signed agreement between Agents, Merchants and a Growers in relation to the trade of Produce that complies with the Code.

Renewal Date is defined in clause 4.4 of the User Terms.

Subscriber means a Trader or any other third party who has paid Subscription Fees or other fees and opened an account with ProduceMarkets.com.

Subscriber ID is defined in clause 3.2 of the User Terms.

Subscription Fee is defined in clause 4.4 of the User Terms.

Takedown Request is defined in clause 13.1 of the User Terms.

Terms of Trade means a publicly available document that sets out the terms and conditions on which an Agent or Merchant trades in Produce with a Grower.

Third Party Dispute Service means a third party dispute resolution service provider used to resolve any disputes between Users.

Third Party Services means the promotions and links to services offered by third parties as may be featured on ProduceMarkets.com from time to time.

Trader(s) means a Grower, Agent or a Merchant.

User(s) means a person or entity that uses and interacts with ProduceMarkets.com, including Subscribers and any other person that accesses ProduceMarkets.com, an Ad or provides Third Party Services.

User Terms means the most updated version of the User Terms.

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