1. The Site
1.1 The Discovery Ag website (the Site) is owned by Discovery Ag Pty Limited, ABN 85 117 305 567 (Discovery). The Site and any related services are, unless otherwise specified, provided to you by Discovery (the Provider, we or us).
2. Use of the Site
2.2 The Provider reserves the right to amend the 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.
2.3 You are advised:
- to read the General Conditions each time you view and use the Site;
- not to use the Site if you cannot agree to abide by the General Conditions; and
- to always check and independently verify any and all information, content and material on the Site (Content).
3. Limitation of Liability
3.1 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.
3.2 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.
4. User Representation and Warranties
4.1 You represent and warrant that any information ( General Information) that you provide to the Provider or input on to the Site is to the best of your knowledge accurate and reliable.
4.2 Without limiting the Provider’s remedies, if the Provider reasonably believes that you have breached this clause, the Provider may:
- immediately suspend or terminate your access to the Site; and
- permanently delete any account you may have on the Site as well as any General Information you have provided to the Provider or inputted on to the Site.
5. Disclaimer and Acknowledgement
5.1 Content on the Site:
- is provided for information purposes only
- does not constitute any form of advice, recommendation, representation, endorsement or arrangement by the Provider and 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. 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 the Content which is displayed on the Site in response to this information
- is derived from sources believed by the Provider to be respectable and accurate at the time of publication
- is provided by the Provider to disseminate information that reduces the operational risk of farming and other activities involving the use of land, water and biophysical resources
- 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 instead of independent advice from a practicing agronomist
- is not a substitute for independent professional advice of any kind relevant to the user’s circumstances
- is subject to the uncertainties of scientific and technical research
- may include third party content and which is subject to that third party’s terms and conditions of use
- is subject to change without notice, including:
- (i) sources from which raw data is acquired;
- (ii) techniques used to process, analyse and generate forecasts from this data; and
- (iii) functionality and outputs of the Site.
6. Agreements Governing Your Use of Password Protected Areas of this Site
6.2 You are responsible for maintaining the confidentiality of your password and account details used by you to access the Site. You acknowledge and agree that you are solely responsible to the Provider for all account activities that occur on your account.
6.3 You must notify the Provider immediately upon becoming aware of any unauthorised use of your password or account details.
7. Third Party Links
7.1 The Site may contain hyperlinks to and 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.
8.1 You acknowledge and agree that the Provider or their authorised representatives may contact you (including by phone, email and other electronic channels) for the purpose of providing you with information about other Discovery products and other relevant information. You may unsubscribe from this information service at any time by contacting the Provider or their authorised representatives.
8.2 The General Conditions represent the entire agreement between you and the Provider and supersedes all prior agreements and representations.
8.3 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.
8.4 The Provider reserves any rights not expressly granted in the General Conditions.
8.5 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.
10.1 All Content on the Site provided by Discovery and the related intellectual property (including copyright) is owned by the Provider and is protected by intellectual property laws.
10.3 By using the Site you agree to accept the following conditions relating to copyright and intellectual property:
- Apart from any fair dealing for purposes of study, research, criticism and review, as permitted under Australian copyright legislation, no part of the Site may be reproduced, re-used or redistributed for any commercial purpose or distributed to a third party for such purpose without the permission of the Provider. The print, export and email functionality is designed to facilitate operational use of Content by authorised users. Material derived from the Site must not be distributed for commercial gain or used in a manner that undermines the potential for the Provider to increase revenue, which includes but is not limited to, increased revenue through additional subscriptions.
- You may make temporary copies of Content in printed, digital or electronic format for purposes permitted under the General Conditions but you must not change any of the Content.
- Any permitted reproduction, including fair dealing, must acknowledge the Provider as the source of any such Content reproduced.
- The trade marks on the Site are trademarks or registered trademarks of the Provider. Nothing displayed on the Site should be construed as granting any licence or right of use of any logo or trademark displayed, without the express written permission of the relevant owner.
10. Intellectual Property and Copyright Notice
11.1 You agree that we may collect and use personal information about you and information to assist us to identify the device upon which you use the Site (such as your device’s IP address, operating system and your email address). The purpose of this collection is to enable us to provide to you any information regarding your licence and updates to the Application. We will not provide to any third party any personal information about you except as expressly or impliedly permitted under this Agreement or as otherwise permitted or required by law.
11.2 Where you are required to pay to purchase goods or services from us, we will also collect financial information such as credit card information which the Provider may share with financial institutions in order to process your payment.