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.
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
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
- 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
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 AgGoanna 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.
‘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.
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
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.
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. email@example.com