1. Terms of Use
1.1 Acceptance of these terms of use: These terms of use are the terms on which we offer You access to the Website. You are bound by these terms of use from the time that You are given access to the Website. If you are provided access to the website by an Approved Third Party, you may also be bound by their terms and conditions.
1.2 These terms of use were last updated on 16th October 2019.
1.3 Important consent You give to Mount Compass Fertilisers to use the Data: By accepting these terms of use, You grant Mount Compass Fertilisers a non-exclusive licence to use the Data in any way we choose without further reference to You. This may include selling, disclosing, or making the Data available to third parties provided that; in doing so, we will not provide information that is specific enough to reveal Your (or Your customer’s (if applicable)) identity to any third party, without specific approval from You and/or Your customer (if applicable).
1.4 We can use Your Data after termination of these terms of use: The authority in clause 1.3 giving us the non-exclusive right to use the Data applies both during and after termination of these terms of use. You grant us an irrevocable non-exclusive licence to use the Data forever provided always that we do not provide information to any third party that is specific enough to reveal Your (or Your customer’s (if applicable)) identity without specific approval from You and/or Your customer (if applicable).
1.5 Variations to these terms of use: We may vary these terms of use at any time. Unless otherwise stated, such variations will be binding on You from the time we post the variations on the Website. By continuing Your use of the Website, You agree to be bound by the terms of use as varied.
2. Definitions
2.1 “Approved Third Party” means a third party who has an arrangement (with us) to provide its cusomters access to the Website and / or who has an automated feed of the Data into their own website.
2.2 “Contractor” means a party that contracts directly with both their customer (such as a farmer) and us to upload Data to the Website or to other software operated by us and/or operates the hardware through which applications are made and Data is created.
2.3 “Data” means any data inputted into the Website and any corresponding output.
2.4 “Intellectual Property Right” means any patent, trademark, service mark, copyright, moral right, right in a design, know-how and any other intellectual property rights, anywhere in the world whether or not registered.
2.5 “Service Fee” (if applicable) annual fee (as the case may be) (excluding GST) payable by You to us for access to the Website in accordance with the fee schedule agreed with you (which we may change from time to time by notice to You).
2.6 “You” means you and includes your employees, consultants, representatives and agents. It also includes all contractors engaged by You.
2.7 “MCF”, “we”, “us” and “our” are a reference to Mount Compass Fertilisers and its successors and assigns and, as the context requires, any related company of ours.
3. Contract Period
3.1 These terms of use will continue for the period covered by the Service Fee, and will automatically continue for the same period unless either party terminates them by giving notice to the other party at least 14 days before the end of the relevant payment period.
3.2 Any terms of use that relate to the storage of or use of Data will survive termination or expiration of this agreement.
5. Warnings
5.1 Disclaimer: You agree that:
a. The provision of access to, and use of, the Website is on an “as is, where is” basis and at Your own risk.
b. We do not warrant that access to the Website will be uninterrupted, timely, secure or error-free. Nor do we warrant that the Data is error-free or reliable.
c. Where the Website makes services available for Your use, we do not warrant that those services will be provided in a timely manner or error-free.
5.2 Indemnity: You indemnify us against all claims, costs, damage and loss arising from Your breach of these terms of use or any obligation You may have to us.
6. Access Obligations
6.1 We may stop or suspend your access to the account if your fee is not paid in full when due.
6.2 If you use the website to give our competitors information we reserve the right to cancel your account and all information linked to the account will be removed.
7. Payment Obligations (if applicable)
7.1 All our invoices will be sent to You by email and are payable by the due date following the invoice date. You are responsible for payment of all taxes (including GST) and duties in addition to the Service Fee.
7.2 Our Farm-Plus Ultra is available within a 60km radius of Mount Compass outside of this radius may incur an extra charge
8. Usernames and Passwords
8.1 You will ensure that all usernames and passwords required to access the Website are kept secure and confidential. You will immediately notify us of any unauthorised use of Your passwords or any other breach of security.
9. Termination
9.1 If You:
a. Breach any of these Terms and, if the breach is capable of being remedied, do not remedy the breach within 7 days after receiving notice of the breach;
we may, without limiting any of our other rights, take any or all of the following actions, at our discretion:
c. Terminate or suspend for any definite or indefinite period of time, Your use of the Website;
d. Take either of the actions in sub-clause c of this clause in respect of any other persons in Your organisation who have access to the Website.
9.2 Termination of these terms of use is without prejudice to the rights and obligations of the parties accrued up to and including the date of termination.
9.3 On termination of these terms of use You will:
a. Remain liable for any accrued charges and amounts which become due for payment before or after termination; and
b. Immediately cease to use the Website.
10 Clauses 1, 2, 3.2, 4.1 ,5.2, 5.3, 7, 8, 11, 12, and 13 survive the expiry or termination of these terms of use.
11. General
11.1 Whilst we intend that the Website should be available 24 hours a day, seven days a week, it is possible that on occasion it may be unavailable to permit maintenance or other development activity to take place.
11.2 If for any reason we have to interrupt the Website for longer periods than we would normally expect, we will use reasonable endeavours to publish in advance details of such activity on the Website.
11.3 If either party waives any breach of these terms of use, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
11.4 Neither party will be liable for any delay or failure in performance of its obligations under these terms of use if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
11.5 You may not assign or transfer any rights to any other person without our prior written consent, such consent not to be unreasonably withheld.
11.6 If any part or provision of these terms of use is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of these terms of use will be binding on the parties. In particular, if a court of competent jurisdiction determines that either of the licences in clause 1 are not enforceable for any reason then they may be modified by that court to the least extent possible so as to make them enforceable.
11.7 Any notice given under these terms of use by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to us must be sent to info@mountcompassfertilisers.com.au or to any other email address notified by email to You by us. Notices to You will be sent to the email address which You provided when setting up Your access to the Website.
11.8 Except to the extent that they are a related company of ours, a person who is not a party to these terms of use has no right to benefit under or to enforce any term.
