AGREEMENT BETWEEN USER AND Goanna Ag

The Goanna Ag Web Site is comprised of various Web pages operated by Goanna Ag.

The Goanna Ag Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Goanna Ag Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Goanna Ag reserves the right to change these terms.

LINKS TO THIRD PARTY SITES

The Web Site may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of Goanna Ag and Goanna Ag is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Goanna Ag is not responsible for webcasting or any other form of transmission received from any Linked Site. Goanna Ag is providing these links to you for convenience only, and the inclusion of any link does not imply endorsement by Goanna Ag of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Website, you warrant to Goanna Ag that you will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

USE OF COMMUNICATION SERVICES

The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. For example, when using a Communication Service, you will not:

  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • conduct or forward surveys, contests, pyramid schemes or chain letters.
  • download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • restrict or inhibit any other user from using and enjoying the Communication Services.
  • violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • violate any applicable laws or regulations.

Goanna Ag has no obligation to monitor the Communication Services. However, Goanna Ag reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Goanna Ag reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Goanna Ag reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Goanna Ag's sole discretion.

Always use caution when giving out any personal information in any Communication Service. Goanna Ag does not control or endorse the content, messages or information found in any Communication Service and, therefore, Goanna Ag specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Goanna Ag spokespersons, and their views do not necessarily reflect those of Goanna Ag.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO GOANNA TELEMETRY OR POSTED ON THE WEBSITE

Goanna Ag does not claim ownership of the materials you provide to Goanna Ag (including feedback and suggestions) or post, upload, input or submit to Website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Goanna Ag, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Goanna Ag is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Goanna Ag's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

DATA COLLECTION AND USAGE Goanna Ag

  • Goanna Ag collects Product Data from Goanna Devices.
  • Product Data is hosted on the website. Device Owners will be given access to secure sections of the website for the purpose of accessing their Product Data.
  • Device Owners can authorise another user(“Authorised User”) to access their Product Data on the website. An Authorised User will be required to agree to these Terms before they will be able to access any Product Data on the Website.
  • As a Device Owner, you agree that Goanna Ag and any of its related entities will be entitled to maintain access to and have the right to retain, use and/or aggregate the Product Data.
  • Goanna Ag will at all times own the Aggregated Data and will be entitled to use the Aggregated Data for any purpose.
  • Goanna Ag is committed to protecting your privacy and will at all times deal with your personal information in accordance with its Privacy Policy. A copy of Goanna’s Privacy Policy can be found on the website. DEFINITIONS

  • ‘Aggregated Data’ includes all data resulting from the combination and/or aggregation of certain Product Data with other data in a way that no longer personally identifies you.
  • ‘Device’ means any device purchased from Goanna Ag, including but not limited to a weather station, soil probe, dam monitor or mace meter.
  • ‘ ‘Personal information’ means any information or opinion about you from which your identity is apparent, or can reasonably be ascertained, but does not include Aggregated Information.
  • ‘ ‘Product Data’ includes all data collected from your Device.
  • ‘ ‘You’ or ‘your’ means the customer to whom this invoice is addressed.

    LIABILITY DISCLAIMER

    THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Goanna Ag AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

    Goanna Ag AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Goanna Ag AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Goanna Ag AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Goanna Ag OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

    TERMINATION/ACCESS RESTRICTION

    Goanna Ag reserves the right, in its sole discretion, to terminate your access to the Website and the related services or part thereof at any time, without notice. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Goanna Ag as a result of these Terms or use of the Website. Goanna Ag's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Goanna Ag's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Goanna Ag with respect to such use. If any part of this agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This agreement constitutes the entire agreement between the user and Goanna Ag with respect to the Website and it supersedes all prior communications and proposals, between the user and Goanna Ag with respect to the Website.

    COPYRIGHT:

    You acknowledge that all content published on the Website(“Content”) is largely protected by copyright,patents, trademarks, trade secrets and/or other intellectual property rights, and that these rights are valid and protected in all forms, media and technologies. All Content is Goanna Telemetry’s copyright property and is protected by Australian and international copyright laws.

    You shall not use the Content without prior written consent by Goanna Telemetry. Any unauthorised use, reproduction or forwarding of individual Content is not permitted and may result in criminal prosecution.

    CONTACT : If you have any questions about the operation of this Website or a Product or Device. CONTACT: Thomas Dowling. registrations@ops.goannaag.net