TracMap Terms of Use

Application

These additional terms of use apply to you because you have elected to access Data relating to one or more Properties you own or occupy that is provided by TracMap.

These additional terms, together with the standard HawkEye terms of use as amended or replaced from time to time (which are available on the HawkEye website at www.hawkeye.farm/terms-of-use) (the Standard HawkEye Terms), apply to your access to (and use of) the Data.

Your subscription for access to Data supplied by TracMap, and accordingly these additional terms, will continue indefinitely in respect of the Properties for which you have elected to access Data until cancelled by either of us in accordance with the Standard HawkEye Terms or these additional terms.

Fees

You will pay in advance the annual fee set by us for access to (and use of) Data provided by TracMap, with payment of the annual fee due on the 20th day of the month following the month in which we issue our invoice in respect of the annual fee (unless other payment arrangements have been agreed in writing with us).

The annual fee currently applying to access and use Data provided by TracMap is $125 plus GST per Property, comprised of a transaction fee of $100 plus GST and a HawkEye administration fee of $25 plus GST. We may change the annual fee applicable to ongoing access to and use of the Data from time to time. We will post a notice on the HawkEye website at least 14 days before any change to the annual fee takes effect.

If you do not pay us any amount payable by you under these additional terms by the due date for payment, then you will be in default and, without limiting our other rights and remedies:

(a) we may suspend your access to (and use of) the Data until you have made full payment; and

(b) you will upon our demand:

(i) pay to us default interest at the rate of 2 percent per month from the due date until the date when payment is actually made (both before and after judgment); and

(ii) pay all our expenses and costs arising from such late payment or non-payment (including legal costs on a solicitor-client basis and costs of recovery of the amount unpaid).

Cancellation

You may cancel your subscription for access to Data provided by TracMap at any time by providing 14 days’ written notice to us. At the end of this notice period:

(a) you will not be required to pay any further annual fees except those fees which we have already invoiced you or which apply to the period prior to your notice of cancellation; and

(b) we will revoke your access to (and use of) the Data.

Supply of Data and use of Hawkeye maps

You irrevocably consent to:

(a) Ravensdown requesting Data from TracMap, and TracMap supplying Data to Ravensdown; and

(b) Ravensdown providing maps generated or available through HawkEye which relate to Properties you own or occupy to TracMap for use by third party contractors to TracMap (such as fertiliser spreading operators),

and acknowledge that Ravensdown may provide to TracMap details of your acceptance of these additional terms as evidence of your consent.

Definitions

In these additional terms:

Data means proof-of-placement data (including the location, time, type of product and amount of product applied) from vehicles (including fertiliser trucks and top dressing aircraft) that operate GPS tracking hardware supplied by TracMap (including spreaders, contractors and customers) for properties owned or held by you, whether historic or future.

Property means a property which is operated as a single economic farming unit from both a business and operational perspective, as determined by us. Factors considered when determining whether a property is a single economic unit include how the property is managed on a day to day basis, how the property is treated for accounting purposes and how the property is treated by spreading contractors providing services. Factors not considered include the ownership of the property, the geographic continuity of the property, and the variety of the stock or crops on the property.

Ravensdown, we, us or our means Ravensdown Limited.

TracMap means TracMap NZ Limited.

Amendment

We may amend or replace these additional terms from time to time, in the same manner as we may amend or replace the standard HawkEye terms of use.