ProductionWise Terms of Use

Updated: 6 November 2018

About the ProductionWise Site

There are several legal components to the Site which include:

ProductionWise – Terms of Use You are at the start of this section.

Disclaimer Click here to go to this section

Privacy Policy click here to go to this section.

Intellectual Property and Copyright Notice – click here to see the start of this section

Any other terms, conditions, notices and disclaimers contained on this page and elsewhere on the site.

Collectively, the above components are referred to as the General Conditions.

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Terms of Use

The Site

This website (Site) is owned by FluroSat Pty Ltd, ABN 95 616 198 415 (FluroSat). The Site and any related services are, unless otherwise specified, provided to you by FluroSat (The Provider).

Agreements Governing Your Use of Password-Protected Areas of this Site

When you register to use the Site, you will be asked to agree (by checking a box or clicking on a button) to special terms governing your use of the Site. This type of agreement is referred to as a click-through agreement. If any of the terms of the click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the click-through agreement.

Approved Users

The Provider will, at its sole discretion, provide individuals, businesses and authorised representatives of businesses (Approved Users) with access to the Site (Site Access).

Approved Users will include but not be limited to:

• Individuals directly or indirectly involved in the primary production of Agricultural commodities such as grain and livestock.
• Professional agricultural advisers and consultants.
• Other individuals, businesses or representatives of business as determined and authorised by the Provider.

In using the Site, you are deemed to have read and accepted the General Conditions. Your access to the Site constitutes your agreement to contract with the Provider and be bound to the General Conditions.

The Provider will endeavour to take reasonable steps to advise you of any changes to the General Conditions. The Provider reserves the right to amend these General Conditions without notice. By continuing to use the Site after any changes are made to the General Conditions, you are deemed to acknowledge and agree to be bound by the General Conditions and any changes made to them.

You are advised:

• To read the General Conditions each time you view and use the Site.
• Not to use the Site if you are unsure of any aspect of the General Conditions.
• Not to use the Site if you cannot agree to abide by the General Conditions.
• To always check and independently verify any and all information, content and material that is presented on the Site (Site Content).

Limitation of Liability

You accept all risks and responsibility for liability, losses, damages, costs and other consequences resulting directly or indirectly from your use or inability to use the Site, any websites linked to it and any information or material contained on the Site or websites linked to it. You acknowledge and agree that the liability of the Provider to you is several and not joint and several.

To the maximum extent permitted by law, the Provider will not accept any liability for any losses, damages or costs howsoever caused (including, but not limited to, by the negligence of the Provider), arising out of, or in any way related to, the use, inability to use, or result of the use of the Site, any websites linked to it and any information or material contained on the Site. This limitation on liability applies to and includes, without limitation, direct, indirect, consequential, special, punitive or other damages that you or others may suffer, as well as damages for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, business interruption, loss of data or information, and any other loss, damage or cost of any kind.

Approved User Representation and Warranty

You represent and warrant that any information you enter, input, edit, store, amend, export or remove onto, in, around or from the Site relating to a farm property and/or farm business (Property Information) is:

• Associated with a farm property and/or farm business operation that you either own or have a beneficial interest in; or
• Is Property Information that you have been legally authorised to enter, input, edit, store, amend, export or remove onto, in, around or from the Site on behalf of an individual or business that has a beneficial interest in the farm property or farm business operation.

Property Information includes: farm map boundaries, property location details, personal and farm business details, farm operation plans, farm benchmarking information, farm weather forecasts, records of applications of chemicals, fertilisers and observations of pests, diseases and crop health.

Without limiting the Providers remedies, if the Provider reasonably believes that you have breached this clause, the Provider may immediately:

• Suspend or terminate your subscription;
• Suspend or terminate your access to the Site;
• Permanently delete your ProductionWise account as well as any Property Information you have provided to the Provider or inputted on to the Site.
• Advise affected parties that the Provider believes their Property Information has been used without their knowledge, authorisation or consent.
• Take necessary steps to ensure any necessary or appropriate legal remedies are given effect.

Assignment

You may not assign, sell or otherwise transfer your Site Access, rights or obligations in the General Conditions to any party without the prior written consent of the Provider. Applications to assign your Site Access to a third party will be considered on a case by case and must be submitted to the Provider in writing.

Any application to assign an interest in Site Access must clearly demonstrate that the Assignee and the Assignor are fully aware of the application, and must also clearly demonstrate that the Assignee and the Assignor are aware of the Site Terms of Use, Policies and Disclaimers.

Disclaimer and Acknowledgment

The Provider makes no representations, guarantees, covenants or warranties as to the accuracy or authenticity of the information provided to the Provider or inputted on to the Site by you or other parties.

Site Content:

• Is provided for indicative, general information purposes only;
• Disseminates information that should only be used as an indicative reference during farm operational planning, agricultural business decision and risk assessment activities involving the use of land, farming systems, water and biophysical resources;
• Does not constitute any form of professional advice, recommendation, representation, endorsement or arrangement by the Provider;
• Is not intended to be and should not be relied upon by users of the Site or any other person in making (or refraining from making) commercial or other decisions;
• Is displayed without any guarantees, covenants or warranties as to its accuracy or authenticity, merchantability, fitness for a particular purpose, non-infringement, uninterrupted or error free use;
• Is displayed in response to, and is reliant for its accuracy on, information provided to the Provider or inputted on to the Site by you or other parties;
• Is derived from sources believed by the Provider to be respectable and accurate at the time of publication;
• Contains opinions, estimates, forecasts, projections and forward-looking statements based on assumptions about future events that may not be correct or necessarily take place;
• Must not be used or relied upon as a substitute for site-specific measurement of weather conditions;
• Must not be used or relied upon without verifying its accuracy with the relevant original third-party publisher of the information;
• Must not be used or relied upon in place of independent advice from a qualified professional including but limited a, solicitor, agronomist, accountant, meteorologist or business adviser;
• Is not a substitute for independent professional advice of any kind relevant to the users circumstances;
• May include third party content and which is subject to that third partys terms and conditions of use;
• Is subject to change without notice, including:
  • Sources from which input data is acquired;
  • Techniques used to process, analyse and generate forecasts from this data;
  • Functionality and outputs of the Site.

Site Access

General

The Provider reserves its right to establish, maintain and amend the terms, conditions, charges, level of access and other means by which Site Access is granted to users. For the avoidance of doubt, the terms, conditions and charges set out in this section form part of the General Conditions.

Site Access

Individuals, businesses, or authorised business representatives wishing to become Users of the site must submit an application to access the Site using the processes and input fields displayed on the Site and in published material provided by the Provider.

The Provider will assess applications to access the Site on a case by case basis as they are received and reserves the right to grant or decline Site Access to any individual or business.

Approved Users will be provided with an online facility with unique login and password details that will be used for their individual Site Access (Site Account).

Payment Method

The Provider will provide a means for individuals, businesses and authorised business representatives to enter credit card details, bank details and other information that is required to be granted Site Access (Payment Method Information).

Approved User payments for Site Access and Feature Add-ons will be made via transactions using an approved credit card. Unless stated otherwise by The Provider, payments for Site Access and Feature Add-ons may only be made using a valid VISA or Mastercard credit card.

Individuals, businesses and authorised business representatives must ensure that Payment Method Information is valid, up to date and has sufficient funds to facilitate applications to access to the Site. If Payment Method Information is not up to date, valid or supported, applications to access the Site may be declined by The Provider.

Payments will be processed automatically after the applications to access the Site have been submitted.

Access levels

The Provider may, at its own discretion, offer levels of access to Approved Users that include but may not be limited to:

Access Term/s

The Provider will provide access to Approved Users of the Site in individual periods of one calendar month at a time (Access Term).

A Term will commence on the day that a prospective User becomes an Approved User and will cease on the calendar month anniversary of that date.

For the avoidance of doubt, if an individual becomes an Approved User on the 10^th day of a month, their current Term will expire on the 10^th day of the next calendar month. This method will apply regardless of the day that an Access Term commences.

Feature Add-ons

The Provider may, at its own discretion, provide Approved Users with access to individual agricultural decision support services (Feature Add-ons). In these cases, Approved Users will have the option to purchase the number of Feature Add-Ons that they choose.

Access Charges

Fees, costs and other financial charges will apply to Access Terms and Feature Add-ons (Access Charges).

Access will be published on the Site by the Provider and through other means as deemed necessary by the Provider. The Provider will take reasonable steps to inform Approved Users of any changes to Access Charges and within a reasonable time frame.

The Provider reserves the right to offer certain Approved Users with free Site Access and/or free Feature Add-ons from time to time. The Provider reserves the right to determine the conditions on which free Site Access and/or Feature Add-ons will be provided.

Minimum access commitment

The Provider will provide approved users of the Site with access to the Site for one Access Term at a time.

Approved Users of the site will have no contractual commitment or other binding obligation to continue paying for services, Terms, Features or other services on the Site for any longer than one Access Term.

Approved Users have the right to increase the number of Feature Add-ons that they purchase during an Access Term without seeking permission from the Provider.

Approved users have the right to cancel their approved access to the Site at any time without seeking permission from the Provider.

Continuation

Approved Users will have the option to apply for a new Access Term at the end of their current Access Term.

Approved Users will be deemed by The Provider as having automatically exercised their option to apply for a new Access Term and continue accessing their Site Account if they:

• Do not use their Site Account settings to cancel their current Access Term.

And/or:

• Do not amend the Payment Method Information in their Site Account.

And/or:

• Do not contact FluroSat in writing to request that their Site Account be cancelled prior to the end of their current Term.

If an Approved User does not make any changes to the Term level access and/or Feature Add-on settings in their Site Account and does not request that their Site Account be cancelled, the charges and costs applicable to their current Access Term will be carried over to a new Access Term until relevant changes are made by the Approved User.

Termination

Users of the Site may terminate their Site Account at any time of their choosing and without notice to the Provider.

The Provider reserves the right terminate Site Accounts for any user at any time and without notice where:

• Any of the Terms of Use set out in this document have been breached.
• Payments by the user for access to the Site are discontinued, dishonoured, or have otherwise been ceased by the User.
• The Provider becomes aware of any User activity that may be in breach of any laws of Australian States and Territories.

Termination Costs

Where access to the site has been terminated by the Provider or the User, the termination cost will be limited to the price of the Access Term plus any Feature Add-ons that were purchased by the Approved User during the Access Term that access is terminated.

There will be no additional financial penalties, contract washout fees or other charges associated with terminating the Access Term or Site Access.

Third Party Links

The Site may contain hyperlinks to and/or information about other websites and resources provided by third parties. These websites and resources do not form part of the Site and are not under the control of the Provider.

The Provider does not have any responsibility for the content of any such websites or resources, and accepts no responsibility for them or any loss, damage or cost of any kind that may arise from your use of them. The Provider does not endorse such content or the third parties who supply it to the Provider, nor does the Provider warrant or represent that the content is current, accurate, complete or reliable.

If you link to any such website, you leave the Site and do so at your sole risk and responsibility. If you contact a third party using functionality provided on the Site, including via e-mail, or as a result of your use of the Site, you do so at your sole risk and responsibility.

The Provider accepts no responsibility for any actions taken by a third party in response to your communication or for any agreements, transactions or other arrangements entered into between you and the relevant third party.

Other

You acknowledge and agree that The Provider may contact you (including by phone, email and other electronic channels) within a reasonable time before and after the expiry of your Access Term for the purpose of providing you the opportunity to apply for a new Access Term, purchase Feature Add-ons and/or to discuss other products and services, surveys or information that The Provider may have on offer at the time.

You may unsubscribe from receiving information about services or products that The Provider has on offer at any time by contacting The Provider or its authorised representatives.

The General Conditions represent the entire agreement between you and The Provider and they supersede all prior agreements and representations between you and The Provider relating to the Site.

These General Conditions and all other additional terms which govern your use and access to the Site will be governed by and construed in accordance with the laws of New South Wales, Australia.

The Provider reserves any rights not expressly granted in the General Conditions.

Failure or delay by the Provider or you to exercise any right, power or remedy under the General Conditions will not operate as a waiver of any such right, power or remedy.

Severability

In any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.

Deleting Property Information

The Provider will not delete, amend, adjust or other otherwise alter Property Information on behalf of an Approved User without their consent.

Approved Users may only delete or destroy Property Information on the Site if they are authorised to do so by the owner or an authorised representative of the farm property or farm business that is the subject of the Property Information.

Sale of Property Information

The Provider may not sell, license, vend or otherwise gain commercial benefit by providing third parties with or with access to Property Information, Personal Information or Payment Method Information in any format.

Approved Users may not sell, licence, vend or otherwise gain commercial benefit by providing third parties with or with access to Property Information, Payment Method Information, or Personal Information without the written consent of the owner or authorised representative of the farm property or farm business that is the subject of that information.

Definitions

General Conditions

The policies, terms of use and other legally binding components to the Site which collectively include:

ProductionWise Terms of Use and;

Disclaimer and;

Privacy Policy and;

Intellectual Property and Copyright Notice, and;

Any other terms, conditions, notices and disclaimers contained on this page and elsewhere on the site.

Site

The ProductionWise website which includes but is not limited to the information, features, functions, intellectual property, data, graphs, graphics available on the website www.productionwise.com.au and in the definitions of Site Content, Site Data, Property Information, Site Access and General Conditions below.

Site Content

Visual content and data that is presented on the Site and included in the definition of Site in the General Conditions.

The Provider

FluroSat Pty Ltd, ABN 95 616 198 415. Suite 145, National Innovation Centre 4 Cornwallis Street Eveleigh NSW 2015.

Site Account

The features, functions and capabilities of the Site.

Site Access

A fully revocable and temporary right to access the features, functions and capabilities of the Site which have been to granted by The Provider to Approved Users who satisfy the terms of the General Conditions.

Approved Users

Individuals, businesses and authorised representatives of businesses to whom The Provider has granted Site Access.

FluroSat

The Provider as defined by these General Conditions

Property Information

Information entered by Approved Users onto the Site which includes: farm map boundaries, property location details, personal and farm business details, farm operation plans, farm benchmarking information, farm weather forecasts, records of applications of chemicals, fertilisers and observations of pests, diseases and crop health.

Access Term

The individual period of time that The Provider grants Approved Users of the Site with Site Access. For the avoidance of doubt, one Access Term equals one calendar month.

Access Charges

The fees, costs and other financial charges that apply to the purchase of Access Terms and Feature Add-ons.

Site Data

Data, graphics, photos and any other information that is entered, ingested, inputted, analysed, presented, exported and/or shared either into, within, on, to or from the Site using computer software coding, mathematical algorithm, data analysis models and other software processing techniques.

Personal Information means the definition given to it by the Privacy Act Cth 1988. At the time of writing these General Conditions Personal Information was defined as:

Information or an opinion about an identified individual, or an individual who is reasonably identifiable:

(a) whether the information or opinion is true or not; and

(b) whether the information or opinion is recorded in a material form or not.