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The key points
These terms and conditions apply to your use of all Pairtree products an= d services, including the Pairtree website, the Agricultural Dashboard know= n as Pairtree PLUS, and all mobile applications Pairtree operates (collecti= vely referred to as Pairtree Platforms).
These terms set out the general rights and responsibilities of both you,= as a user of Pairtree Platforms, and Pairtree Intelligence Pty Ltd or its = related entities (we, us, or Pair= tree).
By using any Pairtree Platform, you automatically agree to these standar= d terms. If you choose not to agree to these terms, you cannot use any of t= he Pairtree Platforms.
When you use a Pairtree Platform, it is regularly necessary for data pro= vided by you to be collected and stored by us. We do this in accordance wit= h these terms and conditions (which include a Data Collection and Use State= ment), as well as our Privacy Policy, which is available on our website. We= are also committed to complying with the Farm Data Code, which is a volunt= ary policy initiative designed and maintained by the National Farmers Feder= ation to facilitate innovation in agriculture by ensuring farmers have conf= idence in how their data is collected, used and shared. You can read the Fa= rm Data Code here.
Any data that you provide to us, or that a third party provides to use a= bout you or your property, via a Pairtree Platform (for instance data relat= ing to livestock numbers or crop volumes that you input into a Pairtree PLU= S dashboard, or that is collected and integrated into Pairtree PLUS by a th= ird party) will remain your property (not ours), and unless you specificall= y request it, we will never share your information and data with third part= ies. Pairtree Platforms are made for farmers by farmers and farmers who use= Pairtree Platforms to manage their data and optimise their agricultural pr= actices will always own and have control over the data generated from their= property and their resources.
Our Products are hosted and operated in Australia through Pairtree and i= ts service providers, though data may be collected from wherever our users = are located.
These terms and conditions may vary from time to time, including to inco= rporate updates to the Farm Data Code. If we update our terms, we will noti= fy you by email (where you have requested email correspondence) or via our = website or app by public notice.
Four (4) weeks notice will be given to all clients for material changes = to the Terms and Conditions and Privacy policy. Minor changes will be made = on a needs basis and will not change the intent or key clauses of the docum= ents.
How do I use the Pairtree Platforms and what use is subject = to the terms and conditions?
How you use a Pairtree Platform will depend on whether you are:
=C2=B7 simply using our public= ly accessible website;
=C2=B7 using the Pairtree PLUS= dashboard as a licensed farmer (whether by a desktop, mobile or web applic= ation); or
=C2=B7 using Pairtree software= as a licensed White Label user.
In each case, by using a Pairtree Platform, you agree to these terms. So= me terms, however, only apply to one or another of the types of use of Pair= tree Platforms set out above. Where you are a licensed user of Pairtree sof= tware (including a Pairtree PLUS customer), you will also be subject to a S= oftware Licensing Agreement.
You are responsible for ensuring that you have and can properly use any = equipment, software or service required to use or access a Pairtree Platfor= m.
How can I use the material found on Pairtree Platforms?
All material on Pairtree Platforms is protected by all applicable laws i= ncluding copyright and trademark laws unless otherwise specifically noted a= nd may not be used except as permitted in these terms and conditions.
Material which we create and make available on a Pairtree Platform, such= as our website content, is owned by us and may not be copied or distribute= d, or republished, uploaded, posted, or transmitted in any way, without our= prior written consent.
Material, including data, which third parties create and is accessible b= y you via a Pairtree Platform, such as the Bureau of Meteorology, is owned = by the third party creator and may not be copied or distributed, or republi= shed, uploaded, posted, or transmitted in any way, without that party=E2=80= =99s prior written consent. This includes datasets which are created using = your data which you choose to share with a third party.
Modification or use of the materials for any other purpose violates our = or any third party=E2=80=99s intellectual property rights. The material in = Pairtree Platforms is provided for lawful uses only.
Where you access software from us under a Software Licensing Agreement, = the software, including all files, images, contained in or generated by the= software, and accompanying data will be licensed to you by Pairtree. Neith= er title nor intellectual property rights will be transferred to you, but r= emain with us, and we own full and complete title to the software. You may = not resell, decompile, reverse engineer, disassemble, or otherwise convert = the software in any way.
Information contained in Pairtree Platforms:
(a) is intended for use by persons resident in Austral= ia;
(b) is general in nature;
(c) has not been compiled with your individual circums= tances in mind, and may not be complete or accurate for your purposes. This= may be especially the case for data and information which is accessible vi= a the Pairtree PLUS dashboard but which it gathered and provided by a third= party.
You should not rely on information we make available in any way, and inf= ormation we provide you in any way is not a substitute for independent prof= essional advice.
How you cannot use Pairtree Platforms
You must not use any Pairtree Platform, or the contents of a platform (i= ncluding licensed software):
(a) in breach of any law or regulation;
(b) to infringe a third party=E2=80=99s rights;
(c) to breach any standards, content requirements or c= odes promoted by any relevant authority; or
(d) in connection with any information or material tha= t may be or that may encourage conduct that may be unlawful, threatening, a= busive, defamatory, obscene, profane or indecent.
Use of any Pairtree Platform which violates the terms above will allow u= s cease providing you access to Pairtree Platforms immediately.
Your Pairtree Platform login
If you are a subscribing user Pairtree PLUS, you will have access to a l= ogin portal accessible via software which we license to you and/or our webs= ite via a web browser. We will make all reasonable efforts to ensure that i= nformation made available to you through your login portal (such as Geo-loc= ated weather, Markets, Spraymate) is correct.
You acknowledge and agree that:
(a) you are responsible for ensuring that your login d= etails are not misused, misplaced or stolen;
(b) you can allow access to third parties to informati= on contained in your login portal with your permission via authentication p= rotocols which may be used, and you are responsible for arranging and manag= ing such access; and
(c) Pairtree is not liable for any direct or indirect = loss or damage, however caused (including by negligence) relating to the us= e of your Pairtree PLUS login portal or access to any information to your l= ogin by third parties.
Can I upgrade my Pairtree PLUS subscription?= p>
Yes. All upgrades to Pairtree PLUS Pro or Enterprise take place immediat= ely, so that from the date of the upgrade you will have access to the featu= res of your new service.
Are Pairtree Platforms subject to software updates?=
Yes. Software that we license, to farmers and to White Label customers, = is subject to software updates as and when we determine is necessary. You a= cknowledge and agree that Pairtree does not guarantee that it will always u= pdate Pairtree Platforms so as they are compatible with your operating syst= ems (including mobile and desktop operating systems), or generally relevant= to you.
Can Pairtree terminate my use of Pairtree Platforms?
Yes. We may terminate your use of any Pairtree Platform, including if yo= u are a subscribed user of Pairtree PLUS as a famer or a licensed White Lab= el user, at any time and without notice, and unless we inform you otherwise= :
(a) the rights and licences granted to you (including = under any software licensing agreement you have with us) will end; and
(b) you must stop using the relevant Pairtree Platform= (s) and (where applicable) delete it from your device).
Who bears liability for my use of Pairtree Platforms?
Your use of the Pairtree Platforms, including software which we license = to you, is at your risk. Pairtree (and its employees, servants or agents) m= akes no warranties or representations as to its accuracy and, to the extent= permitted by law, Pairtree (and its employees, servants or agents) specifi= cally disclaims any liability or responsibility for any errors or omissions= in the content of the Pairtree Platforms. Neither Pairtree (and its employ= ees, servants or agents) nor any other party involved in creating, producin= g, or delivering the Pairtree Platforms is liable for any direct, incidenta= l, consequential, indirect, or punitive damages arising out of your access = to, or use of, or inability to use or access, the Pairtree Platforms whethe= r due to a breach of contract, breach of warranty, negligence, or otherwise= even if Pairtree has been notified or advised of the possibility of such d= amages. Except as otherwise stated in the text of licensed Pairtree softwar= e or as required by law, everything within the Pairtree Platforms is provid= ed to you =E2=80=9Cas is=E2=80=9D and, to the extent permitted by law, is p= rovided without warranty of any kind, either expressed or implied, includin= g, but not limited to, the implied warranties of merchantability, fitness f= or a particular purpose, or non-infringement. Pairtree does not warrant tha= t the functions contained in the material will be uninterrupted or error-fr= ee, that defects will be corrected, or that Pairtree Platforms or the serve= r that makes them available are free of viruses or other harmful components= . Pairtree does not warrant or make any representations regarding the use o= f or the result of the use of the material in made available on Pairtree Pl= atforms in terms of their correctness, accuracy, reliability, or otherwise.= You (and not Pairtree) assume the entire cost of all necessary servicing, = repair or correction.
Statutory warranties that are implied under Part V Division 2 Trade = Practices Act 1974 are not excluded if goods are of a kind ordinarily = acquired for personal, domestic or household use.
To the fullest extent permitted by law, Pairtree=E2=80=99s liability for= breach of implied warranties, conditions or undertakings which cannot be e= xcluded is limited, at Pairtree=E2=80=99s option, in the case of services:<= /p>
(a) the supply of the services again; or
(b) the payment of the cost of having the services sup= plied again. See Refund Policy below.
Features and information of third party suppliers, third party products = and/or services provided or delivered in connection with Pairtree Platforms= , or available for enquiry or application by Pairtree (including through we= bsite hyperlinks) are subject to change at any time without notice.
Pairtree Intelligence assumes no responsibility, and shall not be liable= for, any damages to, or viruses that may infect, your computer equipment o= r other property on account of your access to or use of Pairtree Platforms = or your downloading of any materials, data, text, images, video, or audio f= rom our website. We also assume no responsibility, and shall not be liable = for any interruptions or errors in access to our website or the accuracy, t= imeliness, completeness, security or reliability of any communications (inc= luding, without limitation, any transactions) made through or in relation t= o the website.
Data Collection and Use Statement
Pairtree=E2=80=99s goal is to assist farmers in the running of their far= ms by allowing them to manage, store and utilise data gathered at their pro= perty via our software solutions. As such, it is necessary for us to collec= t and have access to data which belongs to you for us to provide service vi= a Pairtree Platforms. This applies whether you are a farmer using Pairtree = PLUS, or a licensed White Label user with access to Pairtree software. To a= ssist you in understanding how we collect and use your data, we have includ= ed in these terms this Data Collection and Use Statement, which should be r= ead in conjunction with our Privacy Policy.
(a) The types of data we collect
We collect and store, on our servers, all data which you access and mana= ge using Pairtree software. If you a farmer, this may include data and info= rmation which relates to operations, conditions or other characteristics of= a particular farmer or farm.
(b) Why we collect and store data
The primary purpose for which we collect data is to enhance the products= and services we provide.
(c) What we don=E2=80=99t do with your data
We will not:
= &nb= sp; i. sh= are your data with third parties without your permission. We may, however, = ask you if you wish to opt-in to certain data-sharing programs, under which= we may share your data with third parties for analysis or data handling. W= hen we share data with a third party with your permission, the third party = does not receive title to your data;
= &nb= sp; ii. use your data= for our own commercial purposes or sell it to third parties, even if the d= ata has been anonymised.
(d) What we may do with your data
We may use data internally:
a. for internal purposes including managem= ent reporting, data analysis, meeting any regulatory requirements, and serv= icing of Pairtree Platform users generally; and
b. to assist us with research and product = development to improve your experience.
(e) Data retention period
After your relationship with us has ended (when you cease your use of al= l Pairtree Platforms, e.g. by cancelling your Pairtree PLUS subscription), = we will retain data which you have provided to us during your use of the Pa= irtree Platforms for a period of up to six months while you find a new home= for your data. We may charge ongoing fees for retaining your data beyond t= his period, if you request that we do so.
What happens to information provided to Pairtree when I cont= act you?
All remarks, suggestions, ideas, graphics, or other information communic=
ated to Pairtree through our website or by email to us (referred to as
Can I use third party logos and other third party materials = displayed on or utilised by Pairtree Platforms?
No. Materials and third party logos, brands and trade names displayed on= Pairtree Platforms are either the property of, or used with permission by,= Pairtree. The use of these materials by you, or anyone authorised by you, = is prohibited unless specifically permitted by these Terms and Conditions o= r specific permission is provided elsewhere on the website or specific perm= ission is obtained from the third party owners. Any unauthorised use of ima= ges and third party logos, brands and trade names may violate copyright law= s, trademark laws, the laws of privacy and publicity, and civil and crimina= l statutes.
What law is applicable to these terms and my use of Pairtree= Platforms?
Any agreement you enter into with Pairtree, including these terms and an= y software licensing agreement, will be governed by the laws of New South W= ales, Australia. Pairtree makes no representation that the Pairtree Platfor= ms are appropriate or available for use in other locations. Pairtree Platfo= rms and services are available in many parts of the world. However, we may = describe products and services that are not available worldwide. We reserve= the right to change any price, product, service or new item without notice= . All promotional items are subject to availability. If you use Pairtree Pl= atforms from other locations you are responsible for compliance with applic= able local laws.
An order to purchase something placed by you on a Pairtree Platform, or = on a linked website, is an offer by you to purchase the particular product = or service specified. Pairtree and the third party linked website owner res= erves the right to accept or reject your offer for any reason, including, w= ithout limitation, an error in your order or in the material on the website= , or the unavailability of the product or service. The contract to purchase= the particular product or service only comes into existence in accordance = with the stated terms and conditions of sale of that product or service.
General disclaimer and indemnity
Pairtree is not responsible for the content of any website linked to or = from our website or other Pairtree Platform. Your linking to any third part= y website is entirely at your own risk. While Pairtree may provide links on= Pairtree Platforms to other sites, the inclusion of such links is for your= convenience and information only and should not be interpreted as an endor= sement of the owner/sponsor of the website or the content of the website. T= o the extent permitted by law, Pairtree disclaims all warranties, express a= nd implied, as to the accuracy, validity, legality or otherwise of any mate= rials or information contained on such sites.
Although Pairtree may from time to time monitor or review discussions, c= hats, postings, transmissions, bulletin boards and the like on Pairtree Pla= tforms, we are under no obligation to do so and assume no responsibility or= liability arising from the contents of any such communications nor for any= error, defamation, libel, obscenity, profanity, or inaccuracy contained in= any such communication. You are prohibited from posting or transmitting an= y unlawful, threatening, defamatory, libellous, obscene, pornographic or pr= ofane material or any material that could constitute or encourage conduct t= hat would be considered a criminal offence or give rise to civil liability,= or otherwise violate any law.
By accessing Pairtree Platforms, you agree that you shall indemnify, and= keep indemnified, Pairtree from and against any claim, action, damage, los= s, liability, cost, payment, charge or expense including but not limited to= consequential loss, economic loss and legal expenses (calculated on a soli= citor/client basis) suffered or incurred by Pairtree arising out of any cla= im or action that results from your accessing and use of any Pairtree Platf= orm or in connection with any breach by you of these terms and conditions.<= /p>
I want to cancel / downgrade my subscription to a Pairtree P= latform service; what is your refund policy?
If you decide to cancel your subscription with us, or, if you are a user= of Pairtree PLUS Pro or Enterprise and wish to downgrade to a lower subscr= iption tier, your subscription will convert to the new lower subscription l= evel or be cancelled at the end of the month in which you downgrade or canc= el and if you are paying a:
(a) monthly subscription, your new subscription price = will commence at the beginning of the following month; and
(b) if you are paying a yearly subscription, your year= ly subscription fee will be pro rated at the end of the month in which you = cancel or downgrade such that you will be charged at the new rate for the r= emaining months of your yearly subscription.
Therefore, if you cancel or downgrade on the 10th day of the = month for example, you will be charged for your existing subscription for t= he remainder of the month, and then at your new rate for the months thereaf= ter (no charge in the case of a cancellation). Where you have paid a yearly= subscription, you will receive a refund equal to the difference between th= e yearly subscription price for your current subscription level and the yea= rly subscription price for your new subscription level.
To =E2=80=98Erase=E2=80=99 data from Pairtree an email must be sent to <= a class=3D"external-link" href=3D"mailto:support@pairtree.co" rel=3D"nofoll= ow">support@pairtree.co requesting that the data be erased.
Contact Us
If you have any questions about our Privacy Policy or our Data Collectio= n and Use Statement set out above, please contact us at:
Pairtree Intelligence Privacy Officer
Pairtree Intelligence Pty Ltd
23 Isaac Drive
ORANGE, NSW 2800
Australia
Telephone: 0429 677 206
Email: support@pairtree.co
Please allow 14 days for this request to be processed. If you do not rec= eive a satisfactory response from us to your query, problem or complaint wi= thin fourteen (14) days, you may refer your query, problem or complaint to = the Office of the Australian Information Commissioner via the contact detai= ls listed at http://www.oaic.gov.au/ab= out-us/contact-us-page.
A: Pairtree cannot guarantee the security of data share= d with providers that have different terms and conditions to Pairtree - use= rs need to read and accept the provider=E2=80=99s terms and conditions befo= re sharing their data.
(a) you are responsible for ensuring that your login detail= s are not misused, misplaced or stolen;
(b) you can allow access to third parties to information co= ntained in your login with your permission via authentication protocols, an= d you are responsible for arranging and managing such access; and
(c) Pairtree is not liable for any direct or indirect loss = or damage, however caused (including by negligence) relating to the use of = your Pairtree login or access to any information to your login by third par= ties.
A: Pairtree uses a range of industry best practice like= row level security to ensure that only permissioned users can access the d= ata within Pairtree. Data is hosted and stored in the cloud and is domincil= ed to the country were the data was generated from.
A: For farming clients there are no lock-in contracts a= nd so you can cancel at anytime and your access will run to the end of that= month. Your data will then have 6 months from the end of that month to be = moved on to another provider or downloaded.
A: Pairtree has established an 'Integration Marketplace= ' to assist in encrypted sharing of credentials to the Pairtree Integration= platform. Over time more Agtech companies will be added to this approach t= o ensure data is shared as securely as possible.
There is a risk that emails can be intercepted by third parties and so i= f you are concerned about sharing your credentials then Encrypted messaging= services like =E2=80=98WhatsApp=E2=80=99 is another option to consider.
WhatsApp +61 429 677 206 (Hamish Munro) CEO of Pairtree.
13/07/2023