Terms and Conditions
- Published: Wednesday, 13 January 2021 18:00
Farmsmart Terms and Conditions of Use
* Farmsmart is owned by AGSMART Pty Ltd ABN 65 101 860 397.
A. Right to use
B. Your obligations
C. Support and other services
D. Disclaimer and acknowledgements
E. Limited warranty
F. Exclusions and limitation of liability
L. Entire agreement
M. Governing law
A. Right to use
A.1 Subject to the following terms and conditions you are granted a non-exclusive right to use this website and mobile application solely for your own purposes and not for the provision of a service to another person.
B.1 You hereby undertake not to:
(a) copy, reproduce, translate, adapt, vary, modify, decompile, disassemble, reverse engineer, create derivative works of, modify, sub-license, rent, lease, loan or distribute any part of this website other than as expressly authorised by these terms and conditions;
(b) provide or otherwise make available this website or mobile application in whole or part in any form to any person;
(c) use this website or mobile application for any illegal, unauthorised or dangerous purpose;
(d) transfer, assign, sell to or share with any other person any right under these terms and conditions without the prior written consent of Farmsmart; and
(e) permit any act which infringes the intellectual property rights which subsist in this website or mobile application and its associated services
C.1 Farmsmart may, from time to time, make available support and other assistance in relation to this website and mobile application. This support will provide the user with access to support during the published support operating hours. Support will generally be accessed via phone or email.
D.1 You acknowledge that:
(a) Farmsmart incorporates information as provided by third parties without checking the accuracy of that information;
(b) Farmsmart is not responsible for the accuracy of the information supplied nor the results of any additions or amendments to the information;
(c) This website and mobile application contains certain instructions and a failure to follow these instructions carefully could result in erroneous information being provided by this website and mobile application;
(d) You should check all information provided by this website or mobile application for any anomalies; and
D.2 This website and mobile application is made available to you on the understanding that subject to the warranties below, Farmsmart is not responsible for the results of any actions taken, either by you or a third party, relying on information supplied or not supplied by this website and mobile application and any material found on it.
E.1 Farmsmart shall supply all services with all due care and skill.
E.2 Farmsmart shall re-supply any services which are not provided with due care and skill provided that you notify Farmsmart of same within a reasonable time from the supply of the services.
E.3 This remedy shall be your sole and exclusive remedy for breach of these terms and conditions or any other cause of action against Farmsmart.
F.1 This website and mobile application and all associated services are provided as is and all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of these terms and conditions or generally are excluded.
F.2 Farmsmart cannot and does not warrant that Farmsmart will be available 24 hours a day or that any fault will be corrected within a specific time frame.
F.3 Where any legislation implies in these terms and conditions any term, and that legislation avoids or prohibits provisions in a contract excluding or modifying such a term, such term shall be deemed to be included. However, the liability of Farmsmart for any breach of such term shall, if permitted by that legislation, be limited at Farmsmart's option to any one or more of the following: If the breach related to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired. If the breach relates to services: the supplying of the services again or the payment of the cost of having the services supplied again.
F.4 Except for personal injury (including sickness and death) and the limited warranty and to the maximum extent permitted by law, Farmsmart shall not be under any liability (contractual, tortious or otherwise) to you in respect of any loss or damage (including, without limitation, consequential loss or damage) howsoever caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the supply of goods or services pursuant to these terms and conditions or the action, failure or omission of Farmsmart.
G.1 You may at any time cease to use this website and mobile application.
G.2 Farmsmart may with 30 days notice cease to provide this website or any other services.
H.1 Except as stated expressly to the contrary, the fees if any payable for the use of some Farmsmart services will be published at www.farmsmart.net.nz and may be updated on not less than the then extant billing period's notice.
H.2 Fees do not include any taxes, charges, levies or duty which may be payable on the supply of such goods and services including without limitation any GST, stamp duty or otherwise.
H.3 To the extent permitted by law, you are responsible for such taxes, charges, levies and duties and shall pay same to Farmsmart upon request.
H.4 Farmsmart reserves the right to suspend the provision of services unless its accounts are promptly paid.
I.1 You hereby indemnify Farmsmart fully against all liabilities, taxes, costs (on a solicitor and own client basis) and expenses which Farmsmart may incur to a third party as a result of your breach of any of these terms and conditions.
J.1 Failure or neglect by Farmsmart to enforce at any time any of the provisions of these terms and conditions shall not be construed or deemed to be a waiver of Farmsmart's rights under this terms and conditions.
K.1 If any provision of these terms and conditions is held invalid, unenforceable or illegal for any reason, these terms and conditions shall remain otherwise in full force apart from such provision or part provision, which shall be deemed deleted.
L.1 These terms and conditions constitute the entire agreement between the parties for the subject matter referred to in these terms and conditions.
L.2 Any prior arrangements, agreements, representations or undertakings are superceded.
L.3 These terms and conditions may only be modified by Farmsmart issuing a new set of terms and conditions which it may do so on 30 days notice.
M.1 The use of this website and any associated services shall be governed by and construed according to the law of the State of Victoria, Australia.
M.2 You hereby irrevocably submit to the exclusive jurisdiction of the Courts of Victoria, Australia.
* Farmsmart is a trading name of AGSMART Pty Ltd ABN 65 101 860 397.