Giant Buttercup Management Decision Support Web App Terms of Use

AgResearch acknowledges the funding of this project by the Ministry for Primary Industries through the Sustainable Farming Fund and the co-funding provided by the dairy, agrichemical and farm servicing industries, and by regional councils.

IMPORTANT: PLEASE READ THESE TERMS OF USE BEFORE CONTINUING. They contain important information.   By using this application, you are confirming your acceptance of these Terms of Use.

These Terms of Use (“Terms”) govern your use of the Giant Buttercup web app (“the web app”).  If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to do so, and all references to “you” or “your” will refer to that entity.

In these Terms, references to “we”, “us” or “our” are references to AgResearch Limited.

There is no fee or charge to use the web app and you are not required to create an account or register your personal information with us in order to use the web app.

We may change or update the content of the web app and these Terms at any time without notice.  Your continued use of the web app after changes are made constitutes your acceptance of the amendments.

User Obligations:  You agree to comply at all times with any instructions for use of the web app which are made available. You assume sole responsibility for information and data obtained or generated from use of the web app and for conclusions drawn and actions taken as a result of such information and data.

You must:

a) access the web app via standard web browsers only and not by any other methods;

b) not act in a way, or use or introduce anything (including any virus, worm, spyware or other similar feature) that in any way compromises or may compromise, the web app, or otherwise attempt to damage or interfere with the web app;

c) not use the web app for any unlawful or prohibited purpose;

d) not use any manual process to monitor or copy any of the material on the web app, or for any other unauthorised purpose without AgResearch’s prior written consent;

You must obtain our written permission to establish a link to the web app.  If you wish to do so, please contact us at GCE@AgResearch.co.nz.

Intellectual Property:  You acknowledge that all intellectual property rights (including copyright) in the content, layout, design, concept, graphics, software and organisation of the web app (“AgResearch Materials”) are owned by or licensed to us.

You may not copy or change the AgResearch Materials and must not adapt, communicate, sell or otherwise deal with the AgResearch Materials. You must not remove or alter any copyright notice appearing on the web app or in AgResearch Materials accessed via the web app.

The “AgResearch” logos and related graphics and names are our trade marks (both registered and unregistered).  These may not be used in conjunction with any other product or service without our express prior written consent.

You acknowledge and agree that:

· you will not do anything to, or which might, hinder, impede, invalidate or challenge our ownership or entitlement to use or the registration of any part of the intellectual property which might diminish the value of the IP in the web app and/or any AgResearch Materials;

· any use of the web app, other than as expressly permitted by these Terms is strictly prohibited.

In the event of any third party claim that the web app or a user’s use of the web app infringes the third party’s intellectual property rights, AgResearch will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

Links from the Website: If the web app contains links to other sites and resources provided by third parties, these links are provided for your convenience only.  We do not endorse or make any representations regarding the content, suitability or accuracy of such sites or resources. We have no control over the content of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third party websites linked to this web app, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Third Party content: You acknowledge that the web app may incorporate or utilise the content and services of third parties, including, without limitation, Microsoft Azure, and that your use of all third party content is subject to Third Party Terms.  By entering into these Terms and using the web app, you confirm that you understand and accept all relevant Third Party Terms.

For the purposes of these Terms, “Third Party Terms” means the terms, conditions and legal notices applicable to third party content and services incorporated into or utilised by the web app.

Disclaimers: The web app (including its content) is provided on an “as is” and “as available” basis and may from time to time contain errors, faults and inaccuracies.  We do not warrant that you will have continuous access or that it will be supplied fault-free.  We will not be liable in the event that the web app is unavailable due to computer downtime attributable to malfunctions, upgrades, maintenance activities or interruptions in internet supply.

We do not give any warranties or guarantees or make any representations in relation to the web app, whether express or implied, statutory or otherwise.  While reasonable care is taken in its preparation, we do not guarantee or warrant the accuracy, security, quality, completeness,  fitness for purpose, reliability, currency or availability of the App (including any errors in or omissions from the content of the App) or of any materials, information, outputs produced or accessed via the App (whether AgResearch Materials or  a third party’s), or the App’s usefulness or reliability in achieving any particular purpose. 

The information presented on or through this web app is made available solely for information purposes.  We do not warrant the accuracy, completeness or usefulness of this information.  Your use of the web app and any reliance you place on such information is at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the web app or by anyone who may be informed of any of its contents. For the avoidance of doubt, we do not make any representations or guarantees as to the results to be achieved through any use of any herbicide, and you acknowledge that results will vary.  The web app will provide side-by-side comparisons of different herbicide products, according to information input by the user.

Liability:  To the maximum extent permitted by law, we will not be responsible or liable for any direct or indirect liability, loss, damages, costs and expenses (including, without limitation, lost profits, business interruption, lost savings, loss or corruption of data or any indirect, special, consequential or incidental loss of any kind) arising out of or in connection with:

· Your access to or use of the web app, or any websites or applications linked from the web app;

· The information on or generated by the web app, or on websites or applications linked from the web app;

· Any action or decision by you in relation to the information contained on or generated by the web app;

· Any delay, failure, malfunction or interruption in access to or use of the web app, or websites or applications linked from the web app

whether based in contract, tort (including negligence), equity, breach of statutory duty or otherwise.  Without limiting the above, we will have no liability with respect to the data, information and content made available through the web app, including but not limited to errors or omissions.

You agree to fully indemnify us and our subsidiaries, officers, agents and employees in respect of any loss or damage (including reasonable legal expenses) arising out of or in connection with your use of the App and any breach of or failure by you to comply with these Terms.

To the extent our liability cannot be excluded but can be limited, our liability is limited to NZ$100.

Privacy: We do not directly collect or store any personal information from you when you use the web app.   We do not require you to register an account or log in with personal information when you use the web app.

The web app provides an AgResearch email address to which you may choose to send feedback or queries about the web app.   If you choose to communicate with us in this way, we will receive your email address and any other personal information submitted by you in the email communication. We do not sell, publish or give away any personal information that you provide to us.

Where we receive personal information from you in this way, we will only use such personal information for the purpose for which you have provided it.  Only authorised AgResearch employees will have access to this information.  We will not store personal information beyond what is required to allow us to respond to you; for example, we will not create a database with email addresses of users we receive communications from.  Email correspondence from users will be deleted after 30 days but will remain searchable in our system in line with legislative compliance requirements.

You will have the right to request access to and correction of your information at any time while it is held by us.

The web app is non-profit, meaning there are no signing fees or advertisements.

Suspension and Termination:  Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the web app.  On suspension or termination you must immediately cease using or accessing the web app and must not attempt to gain further access.

Force Majeure: AgResearch will not be liable for any delay or failure to perform any of its obligations that is caused or contributed to by any event beyond its reasonable control, including but not limited to an act of nature, environmental occurrence, biological occurrence,  genetic variation, fire, discontinuity in power supply, court order, riot, war, strike or labour disturbance.

Miscellaneous: If any part of these Terms is held to be invalid or unenforceable, the remaining parts will continue in full force and effect.  A waiver by either party of any breach does not constitute a waiver of any other breach.  You may not assign, transfer or purport to assign or transfer these Terms to any other person.   These Terms and any access to or use of the web app are governed by and must be interpreted in accordance with the laws of New Zealand.  Any dispute arising out of or in connection with these Terms or the App will be subject to the non-exclusive jurisdiction of the courts of New Zealand.  Clauses which by their nature are intended to survive termination of these Terms, will continue in force.   These Terms constitute the entire agreement between you and AgResearch with respect to the web app and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the web app.

Contact: User questions or feedback with respect to the web app can be directed to:

AgResearch Limited

1365 Springs Road

Lincoln 7674

Email: GCE@AgResearch.co.nz