The HawkEye® application is an online interactive farm management and mapping tool that enables users to make smarter nutrient decisions for better economic and environmental outcomes.
About these terms
We may change these terms from time to time. We will publish these changes on the HawkEye® website, and may also choose to notify you at the contact email address for your account. The changes will take effect 14 days after we publish them on the HawkEye® website or any later date that we may specify. By continuing to use HawkEye®, you’ll be taken to have accepted the latest version of these terms, and it’s up to you to check for any changes.
If you’re not happy with changes to these terms, you can close your account at any time.
To use HawkEye®, you must complete the sign-up process. If you are signing up in the name of an organisation, or partnership, the individual completing the sign-up process personally undertakes that they have the authority to accept these terms on behalf of the organisation.
You promise that all information you provide will be true, accurate and correct and you agree to update us promptly if any of that information becomes outdated or is otherwise inaccurate or misleading.
Using your account
You are responsible for protecting your passwords and other login information. You are responsible for any usage of your account using your login credentials. You must notify us immediately on becoming aware of any actual or suspected unauthorised use of your account. These terms apply between you and us only, and you acknowledge that we have no responsibility to any person other than you, the account holder. Nothing in these terms confers a right or benefit on any other person.
Pricing and payment
The full range of tools within HawkEye is currently free of charge, however there will be additional features added over time that may attract charges in the future.
Customers will receive advanced warning of any fees for services and will have the opportunity to opt out of receiving any pay-to-use services or features.
Changes to HawkEye®
We can modify, suspend or discontinue all or part of HawkEye® at any time, with or without notice. If you have paid for a package or subscription in advance, and we make a change of this kind that substantially deprives you of the benefits of your subscription package at the time of the change, we’ll refund you a fair and reasonable portion of the subscription package.
Closing your account
You can close your account at any time by following the instructions provided in the ‘My Account’ section of the HawkEye® application. Closing your account does not entitle you to any refund for any unused portion of your subscription package.
We can close your account at any time, with or without a reason by giving your 14 days’ notice. If we do this, we’ll refund you a fair and reasonable proportion of any HawkEye® subscription package you’ve paid for in advance but were unable to use before your account was closed.
We can close your account immediately without notice if you breach these terms and we reasonably consider that the breach (alone or together with any past breaches) exposes us to a cost or risk of some kind, or may have a negative impact on us or our products, services or systems. If we do this we’re not obliged to provide a refund.
Closure of your account will end the contract between you and us based on these terms. However, all the remaining provisions of these terms set out below will survive and continue indefinitely.
Where you, or any person on your behalf uploads any information or material to HawkEye® (referred to in these terms as User Content), you give us and our contractors and agents permission to store, copy, modify and distribute that User Content as required to maintain and operate HawkEye® and to develop and grow our business and the business of our partners. We may hold on to and use User Content even if your account has been closed.
Where User Content is uploaded to your User Account, you promise that:
- the User Content does not infringe any third party intellectual property rights;
- you have obtained all necessary consents and authorisations from that person to use and upload that User Content and we do not need to obtain any permission from a third party to deal with the User Content as permitted above;
- the User Content complies with any applicable laws;
We may choose to delete or block User Content at any time, with or without giving any reason, where we consider it necessary to comply with law, or to protect ourselves or others from harm or loss.
Communicating with you
We may send you promotional information about products and services that we think might be of interest to you (including from our selected business partners). We may do this by email, text message, notification through the application or any other electronic or physical method. However, if you ask us not to provide you with this information, we will comply with your request.
Your use of HawkEye®
We will use reasonable efforts to ensure that information provided through HawkEye® is accurate and up-to-date. However, we are not responsible for its accuracy or completeness and we do not give any warranties or representations about that information or any predictions, outputs or other results generated by the HawkEye® based on that information. All express and implied warranties and representations are excluded to the maximum extent permitted by law.
Interruptions and errors
Like any online service, we cannot guarantee that HawkEye® will be uninterrupted or error-free. It is up to you to take any precautions necessary to ensure you do not incur losses or costs in the event that HawkEye is affected by an interruption or error. We are not liable for any loss or corruption of data.
We will use reasonable efforts to ensure that information provided through HawkEye® is accurate and up-to-date but we are not responsible for its accuracy or completeness. To the extent permitted by law, we exclude all express and implied warranties and representations about that information.
Also, HawkEye® or the HawkEye® website may include content or functionality provided by third party provider(s). Where this occurs, we are only passing-on that content and functionality. The third party is not responsible for its accuracy or completeness and gives no warranties or representations about that information or any outputs or results based on that information, except as expressly agreed between the third party and you in writing.
Intellectual property rights
We own or hold rights to use all intellectual property rights in HawkEye®, including all components of the website and application, and all content made available through HawkEye® from time to time, other than User Content. You may use HawkEye® as made available by us from time to time, subject to these terms. This does not give you any rights in the website or application, or any of the components or content, and you must not copy, modify, adapt, reproduce or republish them.
You retain all ownership rights in your User Content. Where you provide us with feedback or suggestions about HawkEye®, you promise us that this information is not confidential to you or any other person, and you agree that we can use it as we see fit, without any obligation to you.
Restrictions on using HawkEye®
You must not engage in any commercial exploitation of HawkEye®. You may provide access to your account to your professional advisers and consultants but you will be responsible for their use of your account (see “using your account” above).
Unless we specifically agree otherwise in writing, you must not say or do anything that may lead others to believe that you are endorsed by or associated with us.
You must not use HawkEye® in a way that infringes intellectual property, defames someone, breaks the law, or violates the privacy or other rights of any person.
You must not use HawkEye® to:
- upload, transmit, or distribute any malware or spyware;
- interfere with or disrupt any servers or networks connected to HawkEye®;
- attempt to gain unauthorised access to HawkEye® or another person’s account;
- misrepresent yourself as another person or entity; or
- do anything that would expose us to any liability or cause us to be in breach of any law or regulation of New Zealand or any other jurisdiction.
You must indemnify us
You agree to indemnify us against all costs, losses, expenses and liabilities that we suffer or reasonably incur in connection with any third party claim made or brought against us, where the claim is wholly or partly attributable to your breach of these terms. However, you will not be liable to the extent that we have caused or contributed to such losses through our own negligence, breach of these terms or unlawful conduct.
Limitations on our liability
Your use of HawkEye® is solely at your own risk. As far as permitted by law, we are not responsible for any loss or damage that you may suffer in connection with your use of or reliance on HawkEye, except to the extent that we cause or contribute to the loss or damage through our breach of these terms or our unlawful conduct.
We will not be liable to you for any loss of profits, opportunity, data, business or contract, any indirect or consequential loss, or any exemplary, incidental, special or punitive damages, arising from or in connection with HawkEye® or these terms.
To the extent that our liability cannot be excluded, our total liability for any loss or damage you suffer in connection with HawkEye® or these terms will not in any circumstance exceed the greater of: (i) the total amount you paid us in the 12 months before the events giving rise to your claim, less any liability we may have to you for other events arising during that 12 month period; or (ii) fifty New Zealand dollars (NZD$50).
The limitations and exclusions above apply to all liability (including for negligence), regardless of the legal basis of the claim.
Consumer Guarantees Act (CGA)
You agree that your subscription package for HawkEye® is being acquired by you in trade and that it is fair and reasonable in the circumstances that the CGA not apply. Accordingly, to the maximum extent permitted by law, the CGA shall not apply.
These terms are governed by New Zealand law. You submit to the non-exclusive jurisdiction of the courts of New Zealand in relation to all disputes arising out of or in connection with these terms and/or HawkEye®.