Farm Service Manager – Terms and Conditions
Date of Last Revision: 11th July 2018
1.1 Farmnet (Aust) Pty Limited (ACN 081 948 923) (“Farmnet”, “we”, “us”, “our”) provides the Farm Service Manager application (“FSM app”), for users (“you”, “your”) to manage farm machinery service records.
1.2 These Terms and Conditions (“Terms”) govern the provision by us of the FSM app (the “Service”) to you. By downloading the FSM app or otherwise using the Service, you are agreeing to these Terms. If you do not agree to these Terms, you must immediately delete the FSM app and cease accessing or using the Service.
1.3 In providing the Service to you, we will need to collect your personal information, and you confirm that all of the information you provide to us, including any personal details, will be complete, true and correct.
1.5 We may amend or update these Terms and will take reasonable steps to bring any material changes to your attention. As you are bound by any amendment to these Terms, you should review these Terms from time to time. By continuing to access or use the Service after any amendments to these Terms, you are deemed to agree to be bound by such changes.
2. Use of the Service and Registration
2.1 In order to use the Service, you must register to use the Service by providing Farmnet with certain true and correct information about yourself (the “User Information”), as requested by the registration page on the Service. You are responsible for the use of the Service, including any information which you receive and store on the FSM app on behalf of someone else. You will not be able to use the Service without registering.
2.2 By signing up to the FSM app and using the Service you confirm that you are at least 18 years of age. If you are under the age of 18, you confirm that you have permission from your parent or guardian to use the Service.
2.3 You must promptly notify and/or update your profile if any of your User Information, or information you have uploaded on behalf of someone else, is erroneous or changes from time to time. By providing your contact details, you agree to Farmnet contacting you via such means.
2.4 You acknowledge that the information available via the Service is general information only and should not be relied upon or assumed to be correct or appropriate for your circumstances. In particular, we cannot control and take no responsibility for any information input by users and you should undertake your own due diligence rather than relying on it.
3.1 You acknowledge that the internet is an inherently insecure communication medium, and you use the Service at your own risk. You agree that we have no responsibility for use, misuse, loss, corruption, interception or delay of information or data uploaded, downloaded, hosted or otherwise communicated via the Service.
3.2 You must keep all usernames, passwords and other security-based information secure and private at all times. We are entitled to assume that you are the user of the Service if your username, password or other security-based information is used to access the Service.
4. Intellectual Property Rights
4.1 All intellectual property rights (including copyright, database rights and trade mark rights) subsisting in, relating to or arising out of the Service are owned by and vest in Farmnet (or its licensors). You acknowledge and agree that these Terms do not transfer any right, title or interest in Farmet’s (or its licensors’) intellectual property rights to you, nor may you use Farmnet’s trade marks without our prior written permission.
5. Submitted Materials
5.1 The FSM app allows users to submit information, content and materials (“User Generated Content”) to the Service, for access and use by other users linked to your User Account, and/or Farmnet. Farmnet does not systematically review User Generated Content submitted by users and is not responsible for the accuracy, form or content of any User Generated Content.
5.2 If you choose to submit User Generated Content, you must own or have the right to submit that User Generated Content and it must not: (i) infringe any intellectual property rights (including copyright, database right or trade mark right) of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence; (ii) deceive or be likely to deceive any person; (iii) be used to impersonate any person (including Farmnet and its representatives) or to misrepresent your identity or affiliation with any person; or (iv) be illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, encourage conduct that would be considered a criminal offence, give rise to civil liability, violate any law or be otherwise inappropriate. If you become aware or reasonably suspect that any third party content on the Service may infringe these requirements, you must promptly inform us.
5.3 You agree that Farmnet may: (i) edit or delete your User Generated Content; (ii) use your User Generated Content for its business purposes; and (iii) directly or indirectly benefit from your User Generated Content.
5.4 Farmnet does not claim any ownership rights in your User Generated Content, however, by submitting User Generated Content you grant Farmnet (and its licensors) an irrevocable, perpetual, non-exclusive, royalty free and world-wide licence to use that User Generated Content.
6. Unacceptable Use
6.2 You must not use the Service for any purpose which we consider to be unacceptable. Examples of unacceptable behaviour include use of the Service that:
6.2.1 would cause you or us to be in breach of any law, code, or regulation;
6.2.2 involves accessing the personal information of a person other than a person linked to your account;
6.2.3 attempts to obtain a benefit or other financial advantage which you are not entitled to;
6.2.4 places any unreasonable impost, burden or strain on the technical resources of the Service, including without limitation the excessive transmission of data;
6.2.5 depicts or promotes offensive or illegal behaviour;
6.2.6 is offensive or promotes racism, bigotry, hatred or physical harm;
6.2.7 would harass or threaten any other person;
6.2.8 exploits people in a sexual or violent manner;
6.2.9 contains nudity, violent or offensive subject matter;
6.2.10 promotes an illegal or unauthorised copy of copyright material;
6.2.11 could cause us to incur a liability to any third party or entity;
6.2.12 violates the privacy or confidentiality of any person;
6.2.13 involves compromising the security of any computer system or data storage system;
6.2.14 contains, provides or creates computer viruses or corrupts systems, facilities or data;
6.2.15 involves the sending of junk mail or unauthorised commercial electronic messages;
6.2.16 alters or modifies the operation of the Service in any way; or
6.2.17 involves the resale or resupply of the Service to any person without our prior written permission.
6.3 You acknowledge and agree that we may immediately suspend or terminate your access to the Service if you breach these Terms, or we suspect on reasonable grounds that you have breached these Terms or used the Service for any unacceptable purpose.
7. Suspension, availability and accuracy
7.1 We may refuse to register your account and/or provide you access to the Service, without giving reasons and without liability to you.
7.2 While we will take reasonable steps to ensure the availability and security of the Service, you accept that the Service provided by us is provided on an “as is” basis. We do not warrant that the Service will be continuously available and we will not be liable if the Service is unavailable at any time or for any reason. In particular, we may at any time immediately suspend or withdraw access without notice and without giving reasons.
7.3 We do not represent that the Service (or any software underpinning the Service) will be error, defect, “bug” or “virus” free, and you should take prudent steps to ensure your own online security and safety.
7.4 We do not represent that any information, updates, news, or other content on the Service is accurate, reliable or correct. You acknowledge and agree that such content is provided on a “no reliance” basis. You are responsible for verifying the accuracy, reliability and correctness of any content or information that you obtain through your use of the Service.
8.1 Without limiting any other provisions of these Terms, we will not in any way be liable to you for any kind of loss or damage incurred as a result of your use of the Service including any viruses or other malicious software that may affect you while using the Service or for any faults, failures or interruptions or the accuracy, timeliness, completeness, security or reliability of any representations and communications (including any transactions) made using the Service.
8.2 Other than the express terms of these Terms and warranties, conditions, rights or guarantees implied by relevant legislation, including the Competition and Consumer Act 2010 (Cth) or other applicable consumer protection law in a user’s jurisdiction, the exclusion of which from an agreement would contravene a statute or cause part or all of these Terms to be void (“Non-excludable Rights”), you agree that we exclude all liability arising from any implied or express representations, terms, conditions or warranties that would otherwise apply to your use of the Service.
8.3 Except for liability in relation to breach of any Non-excludable Rights our maximum aggregate liability to you in contract, tort (including negligence), statute or otherwise, is limited to $1,000.
8.4 To the maximum extent permitted by law, our liability for breach of any Non-excludable Rights is limited to:
8.4.1 replacement or refund for a major failure and you may seek compensation for any other reasonably foreseeable loss or damage; or
8.4.2 replacement or repair if the Service fails to be of acceptable quality and the failure does not amount to a major failure.
8.5 To the maximum extent permitted by law, under no circumstances will we be responsible to you or any third party whether in contract, tort (including negligence), in equity or under statute for any special, indirect, consequential, incidental or punitive damages, or for any damages for loss of opportunity, data, profits, revenue or goodwill, regardless of whether or not such loss or damage was foreseeable and even if advised of the possibility of such loss.
8.6 You indemnify us and our related bodies corporate, directors, officers, employees and agents from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses, including reasonable legal fees, arising out of, or in any way connected to, your use of the Service or information or content available by means of the Service, or the use of the Service by anyone using your device.
9.2 We may immediately terminate your access to the Service without notice or cause for any reason. Reasons we may terminate your access to the Service include where:
9.2.1 you breach any of these Terms;
9.2.2 you have failed to pay your subscription to the Services when they are due;
9.2.3 you use the FSM app and/or the Service in a dishonest or fraudulent manner;
9.2.4 we have ceased to provide the Service, in whole or in part;
9.2.5 our business or contractual relationships with any third parties require us to do so; and/or
9.2.6 we consider that you have done something that is detrimental to our business interests or reputation or those of any third parties.
9.3 You acknowledge that Farmnet, or any third party, will have any liability to you for any reason whatsoever arising from any termination of your access to the Service (including the termination of your access to the Service).
10.1 If any provision in these Terms is void or unenforceable, that provision will be read down to the extent necessary to make it valid and enforceable and to the extent that it cannot be so read down, will be severed from these Terms.
10.2 If there is a contradiction or inconsistency between these Terms and any other notices, policies, communications or documents relating to the Service then these Terms will prevail to the extent of that contradiction or inconsistency, unless we expressly agree otherwise in writing.
10.3 In these Terms, the words “such as”, “including”, “particularly”, “by way of example” and similar expressions are not used as, nor are intended to be, interpreted as words of limitation.
10.4 Your rights and obligations under these Terms are personal to you and you must not assign, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms. We may assign, transfer, sub-contract, novate or otherwise dispose of any or all of our rights and/or obligations under these Terms without notice to you.
10.5 These Terms are governed exclusively by the laws in force in New South Wales, Australia and this applies notwithstanding any use of the FSM app outside of Australia. The parties agree to be bound by the non-exclusive jurisdiction of the Courts of New South Wales, Australia.