Our standard terms and conditions for using Pairtree.
The farmer (Owner) controls the data.
The key points
These terms and conditions apply to your use of all Pairtree products and services, including the Pairtree website, the Agricultural Dashboard known as Pairtree CORE, and all mobile applications Pairtree operates (collectively 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 Pairtree).
By using any Pairtree Platform, you automatically agree to these standard terms. If you choose not to agree to these terms, you cannot use any of the Pairtree Platforms.
Any data that you provide to us, or that a third party provides to use about you or your property, via a Pairtree Platform (for instance data relating to livestock numbers or crop volumes that you input into a Pairtree CORE dashboard, or that is collected and integrated into Pairtree CORE by a third party) will remain your property (not ours), and unless you specifically request it, we will never share your information and data with third parties. Pairtree Platforms are made for farmers by farmers and farmers who use Pairtree Platforms to manage their data and optimise their agricultural practices will always own and have control over the data generated from their property and their resources.
These terms and conditions may vary from time to time and without notice, including to incorporate updates to the Farm Data Code. If we update our terms, we will notify you by email (where you have requested email correspondence) or via our website or app by public notice.
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:
· simply using our publicly accessible website;
· using the Pairtree CORE dashboard as a licensed farmer (whether by a desktop, mobile or web application); or
· using Pairtree software as a licensed White Label user.
In each case, by using a Pairtree Platform, you agree to these terms. Some terms, however, only apply to one or another of the types of use of Pairtree Platforms set out above. Where you are a licensed user of Pairtree software (including a Pairtree CORE customer), you will also be subject to a Software 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 Platform.
How can I use the material found on Pairtree Platforms?
All material on Pairtree Platforms is protected by all applicable laws including copyright and trademark laws unless otherwise specifically noted and 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 distributed, or republished, uploaded, posted, or transmitted in any way, without our prior written consent.
Material, including data, which third parties create and is accessible by 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 republished, uploaded, posted, or transmitted in any way, without that party’s 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’s 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. Neither title nor intellectual property rights will be transferred to you, but remain 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 Australia;
(b) is general in nature;
(c) has not been compiled with your individual circumstances 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 via the Pairtree CORE dashboard but which it gathered and provided by a third party.
You should not rely on information we make available in any way, and information we provide you in any way is not a substitute for independent professional advice.
How you cannot use Pairtree Platforms
You must not use any Pairtree Platform, or the contents of a platform (including licensed software):
(a) in breach of any law or regulation;
(b) to infringe a third party’s rights;
(c) to breach any standards, content requirements or codes promoted by any relevant authority; or
(d) in connection with any information or material that may be or that may encourage conduct that may be unlawful, threatening, abusive, defamatory, obscene, profane or indecent.
Use of any Pairtree Platform which violates the terms above will allow us cease providing you access to Pairtree Platforms immediately.
Your Pairtree Platform login
If you are a subscribing user Pairtree CORE, you will have access to a login portal accessible via software which we license to you and/or our website via a web browser. We will make all reasonable efforts to ensure that information made available to you through your login portal (such as Geo-located weather, Markets, Spraymate) is correct.
You acknowledge and agree that:
(a) you are responsible for ensuring that your login details are not misused, misplaced or stolen;
(b) you can allow access to third parties to information contained in your login portal with your permission via authentication protocols which may be used, and 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 CORE login portal or access to any information to your login by third parties.
Can I upgrade my Pairtree CORE subscription?
Yes. All upgrades to Pairtree CORE Pro or Enterprise take place immediately, so that from the date of the upgrade you will have access to the features 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 acknowledge and agree that Pairtree does not guarantee that it will always update Pairtree Platforms so as they are compatible with your operating systems (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 you are a subscribed user of Pairtree CORE as a famer or a licensed White Label 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) makes no warranties or representations as to its accuracy and, to the extent permitted by law, Pairtree (and its employees, servants or agents) specifically disclaims any liability or responsibility for any errors or omissions in the content of the Pairtree Platforms. Neither Pairtree (and its employees, servants or agents) nor any other party involved in creating, producing, or delivering the Pairtree Platforms is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, the Pairtree Platforms whether 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 damages. Except as otherwise stated in the text of licensed Pairtree software or as required by law, everything within the Pairtree Platforms is provided to you “as is” and, to the extent permitted by law, is provided without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Pairtree does not warrant that the functions contained in the material will be uninterrupted or error-free, that defects will be corrected, or that Pairtree Platforms or the server that makes them available are free of viruses or other harmful components. Pairtree does not warrant or make any representations regarding the use of or the result of the use of the material in made available on Pairtree Platforms 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’s liability for breach of implied warranties, conditions or undertakings which cannot be excluded is limited, at Pairtree’s option, in the case of services:
(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied 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 website 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 or 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 from 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, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made through or in relation to the website.
Data Collection and Use Statement
(a) The types of data we collect
We collect and store, on our servers, all data which you access and manage using Pairtree software. If you a farmer, this may include data and information 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’t do with your data
We will not:
i. share 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. When we share data with a third party with your permission, the third party does not receive title to your data;
ii. use your data for our own commercial purposes or sell it to third parties, even if the data has been anonymised.
(d) What we may do with your data
We may use data internally:
a. for internal purposes including management reporting, data analysis, meeting any regulatory requirements, and servicing 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 all Pairtree Platforms, e.g. by cancelling your Pairtree CORE subscription), we will retain data which you have provided to us during your use of the Pairtree 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 this period, if you request that we do so.
What happens to information provided to Pairtree when I contact you?
All remarks, suggestions, ideas, graphics, or other information communicated to Pairtree through our website or by email to us (referred to as Submissions) will be the property of Pairtree. For clarity, this does not include data you or a third party inputs into the Pairtree CORE dashboard which is compiled from readings or collected at your farm. Pairtree will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Pairtree operations. Without limitation, Pairtree will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, Pairtree will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. Personally identifiable information that may be received at this website is provided voluntarily by a visitor to this website. You acknowledge that you are responsible for whatever material you submit to us, and you, not Pairtree have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
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 or specific permission is provided elsewhere on the website or specific permission is obtained from the third party owners. Any unauthorised use of images and third party logos, brands and trade names may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal 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 any software licensing agreement, will be governed by the laws of New South Wales, Australia. Pairtree makes no representation that the Pairtree Platforms are appropriate or available for use in other locations. Pairtree Platforms 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 Platforms from other locations you are responsible for compliance with applicable 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 reserves the right to accept or reject your offer for any reason, including, without 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 party 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 endorsement of the owner/sponsor of the website or the content of the website. To the extent permitted by law, Pairtree disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.
Although Pairtree may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on Pairtree Platforms, 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 any unlawful, threatening, defamatory, libellous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that 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, loss, liability, cost, payment, charge or expense including but not limited to consequential loss, economic loss and legal expenses (calculated on a solicitor/client basis) suffered or incurred by Pairtree arising out of any claim or action that results from your accessing and use of any Pairtree Platform or in connection with any breach by you of these terms and conditions.
I want to cancel / downgrade my subscription to a Pairtree Platform service; what is your refund policy?
If you decide to cancel your subscription with us, or, if you are a user of Pairtree CORE Pro or Enterprise and wish to downgrade to a lower subscription tier, your subscription will convert to the new lower subscription level or be cancelled at the end of the month in which you downgrade or cancel 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 yearly 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 remaining 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 the remainder of the month, and then at your new rate for the months thereafter (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 the yearly subscription price for your current subscription level and the yearly subscription price for your new subscription level.
Please allow 14 days for this request to be processed. If you do not receive a satisfactory response from us to your query, problem or complaint within fourteen (14) days, you may refer your query, problem or complaint to the Office of the Australian Information Commissioner via the contact details listed at http://www.oaic.gov.au/about-us/contact-us-page.