WEBSITE TERMS OF USE

By visiting or using this Website You agree to be bound by these Terms. We may change these Terms at any time and will post the changes on the Website. If You disagree with the changes then You must stop visiting and using this Website.

DEFINITIONS

In these Terms, the following words have the following meanings:

Our IP: means intellectual property owned or licensed by Us relating to Our Website, Products or Services, including the text, graphics, logos, icons, the software and any other material underlying or forming part of this Website or Our Products or Services and includes any rights to that intellectual property, including any copyright, trade or service mark, trade or business name, logos and any other distinctive brand features, design, patent, semiconductor or circuit layout right, computer code (including source, library, object, and executable code), inventions and logical sequences, in all cases whether registered or unregistered and anywhere in the world.

Privacy Statement: means Our Privacy Statement available at https://farmote.com.

Products: means any products provided by Us via this Website.

Services: means any services, features or functionalities provided by Us via this Website.

Website: means this website.

We, Us and Our: means Farmote Limited, trading as Farmote Systems.

You: means you as an individual and Your has a corresponding meaning.

ACCESS AND USE OF THE WEBSITE

You agree to access and use the Website and any Products and Services in accordance with these Terms and all applicable laws.

We grant You the right to access and use the Services via the Website. This right is non-exclusive, non-transferable, and subject to these Terms (which may be amended from time to time) and all other terms and conditions are expressly excluded unless otherwise agreed in writing.

You may:

You may not:

OUR OPTIONS

Under these Terms, We may:

If You breach these Terms, We may:

We may terminate access to the Website at any time without notice.  Our No Warranty/Disclaimers and Limitation of Liability will survive such termination.

INTELLECTUAL PROPERTY

Unless expressly provided for in these Terms (or separately agreed between us in writing), Your use of this Website or Our Products or Services do not transfer the ownership or grant any right or title in or to any of Our IP to You or any third party.

You agree and acknowledge that:

PRIVACY AND COMMUNICATION

By using the Website, You agree to abide by and comply with Our Privacy Statement located at https://farmote.com/. You agree that We can send You information relating to Our Products and Services by using electronic messages or other means. You may unsubscribe from the electronic messaging services at any time by emailing Us at info@farmote.com.

NO WARRANTY/DISCLAIMER

To the maximum extent permitted by law, We expressly disclaim and exclude all representations, warranties, conditions and guarantees, including (without limitation) in respect of quality, merchantability, fitness for purpose, condition, description, manufacture, design or performance whether express, implied by common law, law merchant, trade usage, custom or otherwise or statutory in relation to the Website.

You acknowledge that:

LINKED SITES

This Website may contain links to other websites of which We do not have control and are not governed by these Terms or Our policies. Any link to other websites is not an endorsement of those websites by Us and We are not responsible for the content, accuracy and/or availability on those websites. 

INDEMNITY

You agree to indemnify us against all liabilities, costs (including full costs between solicitor and client), losses, claims, expenses and demands incurred by us which arise from or in connection with your access or use of the Website, including but not limited to any breach by You of warranties under these Terms, and from any third party claims arising out of or incidental to Your use of this Website.

LIMITATION OF LIABILITY

Despite anything else contained in these Terms, any liability to You by Us in respect of anything arising from or concerning these Terms or the Website or any of the Products or Services, whether arising in tort (including negligence), contract, breach of statutory duty, equity or otherwise arising from any relationship with You (Our liability) is excluded to the fullest extent permitted by law.

To the extent that Our liability cannot be excluded by law, or to the extent that the exclusion of Our liability would render these Terms unenforceable, You agree that the maximum amount that You will claim against Us (in total) and the maximum amount that We (in total) are liable to You for is one New Zealand dollar or the next largest amount that would be needed to render these Terms (including these exclusion and limitation provisions) enforceable for Our benefit.

Despite anything else contained in these Terms, You agree that We are not liable to You (or to anyone else) for any failure or delay in the performance of Our obligations under these Terms to the extent that the failure or delay is caused, directly or indirectly, by an event outside Our reasonable control.

GENERAL PROVISIONS

Severability: If any part or provision of these Terms are held to be invalid, illegal or unenforceable that part or provision will be deemed deleted from these Terms and the remainder of these Terms will continue to apply.

Relationship: These Terms do not create any relationship of partnership, agency, employment or joint venture between You and Us.

No waiver: Any failure or delay by either You or Us in exercising (or in partially exercising) any right, power or remedy arising from a breach of these Terms (Right) does not operate as a waiver of that Right unless that waiver is provided in writing and signed by the party granting the waiver. The existence of any Right of Ours expressly set out in these Terms, or the exercise of such, does not limit or prejudice any other rights, powers or remedies available to Us in contract, at law or in equity, including any rights, powers or remedies that would be available to Us if the right, power, or remedy was not set out in these Terms.

Assignment: You may not assign or transfer Your rights or obligations under these Terms without Our prior written consent.  We may assign, transfer or novate any of Our rights and obligations under these Terms without Your consent.

NZ law: These Terms shall be interpreted in accordance with, and governed by, the laws of New Zealand. Your Use of this Website and the supply of any Products and/or Services to You by Us and any other matter arising from these Terms are subject to the laws of New Zealand.  You agree that any dispute arising from or relating to these Terms is governed by the non-exclusive jurisdiction of the courts of New Zealand.

Entire Agreement: Unless We otherwise agree in writing, these Terms constitute the entire agreement between Us and You in relation to their subject matter.

Your Rights: The Website’s contents have not been prepared by taking into account the particular situation or needs of any individual users.  Other than Your rights under the Consumer Guarantees Act 1993.

Contact:  If You have any questions or concerns in relation to the website, related services or terms and conditions, please contact us via the “Contact Us” link provided on the Website.

WEBSITE PRIVACY POLICY

Farmote is committed to ensuring compliance with the New Zealand Privacy Act 1993 and the European Union’s General Data Protection Regulation (GPDR).

This Privacy Policy applies to anyone who visits the Farmote Website or uses Farmote’s Services. From time to time, Farmote may change this Privacy Policy and will post the changes on the Farmote Website. If You don’t agree with the changes to the Privacy Policy then You may not be able to fully use Farmote’s Website and Services.

  1. WHAT FARMOTE COLLECTS
    1. Farmote collects from You:
      1. Your Personal Information, including:
        1. Your Sensitive Information;
        2. Your name;
        3. Your contact information, including email address;
        4. other information relevant to surveys You participate in and/or offers You accept; and
        5. information about Your preferences and activities on the Farmote Website; and
      2. Personal Information (including Sensitive Information) about anyone else that You give to Farmote.
    2. When You disclose Your Personal Information to Farmote it must be accurate, complete, up-to-date and not misleading. If You give Farmote Personal information about someone else, then You must be authorised to do so and You must tell that person about this Privacy Policy.
  2. HOW FARMOTE COLLECTS YOUR PERSONAL INFORMATION
    1. Farmote collects Your Personal Information only when needed and for lawful purposes connected with performing its functions or activities. You authorise the collection of Your Personal Information from Farmote when You:
      1. use Farmote Services on Your computer, mobile, tablet or any other electronic device;
      2. create a user account with Farmote;
      3. communicate with Farmote;
      4. enter into any Farmote competitions and/or promotions.
    2. Farmote may also collect Your Personal Information from publicly available sources or from Third Parties from time to time.
  3. HOW FARMOTE WILL USE YOUR PERSONAL INFORMATION
    1. You authorise Farmote to use Your Personal Information (and where necessary), to disclose Your Personal Information to Third Parties for the following Purposes:
      1. for the Purposes of providing You with the Farmote Services, including to:
        1. communicate with You, including to send promotional emails about new services, special offers, promotions or other information;
        2. provide Farmote Services to You;
        3. respond to Your queries regarding the Farmote Website or Services;
        4. verify Your identity when You create a user account with Farmote;
        5. administer Your account;
        6. provide You with a good user experience;
        7. develop new Services, features and/or Content; and
        8. keep You updated on things that are happening at Farmote;
      2. for internal record keeping purposes;
      3. to the extent necessary to perform the purposes specified in this Privacy Policy and to allow for the operation of Farmote’s business activities and functions;
      4. for any other purposes You authorise;
      5. for the purpose of Farmote selling all or most of Farmote’s assets; and
      6. to comply with Farmote’s Legal Obligations.
    2. You agree that Farmote may share Your Personal Information with Third Parties to fulfil business transactions for the purposes specified in this Privacy Policy (for example providing customer services, sending marketing communications, and providing maintenance services).
  4. HOW LONG FARMOTE HOLDS YOUR PERSONAL INFORMATION
    • Farmote will hold Your Personal Information for as long as Your Personal Information is required for the Purposes and for as long as is necessary to comply with its Legal Obligations.
  5. HOW FARMOTE STORES AND PROTECTS YOUR PERSONAL INFORMATION 
    • Farmote will use reasonable care to protect Your Personal Information from unauthorised access, use, modification, disclosure, and loss.
  6. FARMOTE MAY TRANSFER YOUR PERSONAL INFORMATION TO OTHER COUNTRIES
    • In order to provide You with the Farmote Services, Farmote may need to disclose and transfer Your Personal Information to Third Parties located in a different country from where You live. This may include countries located outside the European Economic Area (EEA).  If those countries do not have data protection laws comparable to the data protection laws of Your country of residence, then Farmote will take reasonable steps to ensure that Your Personal Information (including any Sensitive Information) is protected in those countries.
  7. FOR THE PURPOSE OF THE GDPR
    1. Farmote is the data controller for personal data collected by it in the provision of its Services, support and assistance to You as the user. If Farmote uses personal data that has been collected by a Third Party it will process the information as a data processor on behalf of the Third Party that collected Your Personal Information.
    2. Request access to Your Personal Information: You have the right to request access to any Personal Information that Farmote holds about You, the right to know the source of Your Personal Information and the processing methods used by Farmote. If Farmote cannot give You access to the Personal Information that You have requested, then Farmote will let You know the legal reasons for not disclosing Your Personal Information.  If You are not happy with the legal reasons provided, then You have the right to complain to the New Zealand Privacy Commissioner: www.privacy.org.nz/your-rights/how-to-complain/.
    3. Request correction of Your Personal Information: You have the right to request correction of the Personal Information that Farmote holds about You. Farmote will correct Your Personal Information if it is necessarily to ensure that Your Personal Information is accurate, up to date, complete and not misleading.  If Farmote decides that it is unnecessary to correct Your Personal Information, Farmote will let You know the legal reasons for its decision.  If You are not happy with those reasons, then You have the right to complain to the New Zealand Privacy Commissioner: www.privacy.org.nz/your-rights/how-to-complain/.
    4. Request to restrict the use and processing of or delete Your Personal Information: You have the right to request that Farmote delete Your Personal Information when it is no longer needed for the Purposes, or withdraw your authorisation for Farmote to use Your Personal Information. You also have the right to restrict Your Personal Information from being processed in the event You consider Your rights and freedoms outweigh our legitimate interests in using Your Personal Information.
    5. Data portability: You have the right to request that Farmote transfer Your Personal Information from one electronic processing system to another electronic processing system. 
  8. MINORS
    • Farmote does not knowingly collect Personal Information from children (as defined by local laws) and does not target its Website and/or Services towards children.
  9. WHAT HAPPENS IF YOU DON’T GIVE FARMOTE YOUR PERSONAL INFORMATION
    1. If You decide not to give Farmote Your Personal Information, or otherwise wish to withdraw your authorisation at any time, then You:
      1. may not be able to use some of the Farmote Website and Services;
      2. won’t be kept updated on things that are happening at Farmote.
  10. PRIVACY COMPLAINTS
  11. COOKIES
    1. A cookie is a small file that can be placed on Your computer, mobile, tablet or any other electronic device when You visit the Farmote Website. Cookies allow the Website to recognise Your device. Farmote may use cookies in order to make it easier to use the Farmote Website and to help Farmote to analyse the profile of visitors and users in order to improve usability and features of the Farmote Website and Services. 
    2. There are two types of cookies used by Farmote:
      1. Session cookies. These are used to store information about Your activities so You can move from one webpage to another. These cookies track Your movement from webpage to webpage of a website so that You do not have to provide the same information provided on earlier webpages. Session cookies only remain in the cookie file of Your browser until You close the browser.
      2. Persistent cookies. These are used to store Your preferences to improve Your experience on future visits to the Farmote Website. For example, these cookies can remember log-in details or language preferences so that You don’t have to continually re-enter these each time You visit the website. Persistent cookies stay in the cookie file of Your browser after You have closed Your browser, and activate again when You next visit that website.
    3. To enable some of the features and functionality of the Farmote Website, You will need to permit Farmote to place cookies on Your device.  If You choose not to, then those features and functionality will not be available to You. You can remove or block cookies by using the settings in Your browser but it may affect Your ability to use the Farmote Website.
  12. DEFINITIONS

Farmote means Farmote Limited, trading as Farmote Systems, a limited liability company incorporated under the laws of New Zealand;

Farmote Services:  means any products, services, software, Content, features, functionalities and any other services provided to You via the Farmote Website;

Farmote Website means the website (or websites) located at https://farmote.com and portal.farmote.com operated by Farmote from time to time;

Content means all content delivered via the Farmote Website and Services including all text, software, scripts, graphics, photos, sounds, music, videos, audio-visual works or combinations of works, live streaming, interactive features and other materials;

including means “including without limitation”;

Legal Obligations means any legal or regulatory obligation that Farmote has under the laws of any relevant any country in relation to the collection, use, disclosure, storage or processing of Your Personal Information;

Personal Information means any information that can be used to directly or indirectly identify an individual, and includes Sensitive Information, and references to “Your Personal Information” also includes any Personal Information that You provide to Farmote about someone else;

Purposes means the purposes for which Your Personal Information is used and disclosed as specified in this Farmote Privacy Policy;

Sensitive Information means information about Your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, health or sexual orientation;

Third Parties means any person, company, body corporate, entity, governmental or regulatory authority in any country;

You means you as an individual and Your has a corresponding meaning.

Pre-Order Terms and Conditions

These Pre-Order Terms and Conditions (Terms) govern the placing of pre-orders (Pre-Order) with Farmote Limited, trading as Farmote Systems (we, us, or Farmote) for our pasture monitoring system (Product).

Please read these Terms carefully before submitting your Pre-Order. By submitting your Pre-Order, you agree to be legally bound by these terms.

  1. Pre-Ordering
    1. When placing a Pre-Order for Product you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Farmote shall have no responsibility or liability for inaccurate information or information that later becomes outdated and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your product being shipped by sending an e-mail to info@farmote.com.
    2. You acknowledge and agree that Farmote may decline or delay Pre-Orders to avoid oversubscription or as it deems appropriate, provided that we will make efforts to inform you within two (2) weeks of our receipt of your Pre-Order, and that you will be entitled to a full refund of the Deposit you have paid.
  2. Payment of Deposit
    1. You will be charged a deposit (Deposit) equivalent to the first month’s subscription fees for the Product you have Pre-Ordered at the time of placing the Pre-Order. We will confirm this amount to you when you place your Pre-Order. We reserve the right to adjust or vary the Deposit amount if necessary.
    2. Methods of payment accepted are direct bank transfers and credit card.
    3. Your placing of a Pre-Order constitutes your express agreement to Farmote of charging the full Price of the Products at the time provided for in these Terms, subject to the right of cancellation in clause 6 below.
  3. Priority
    • Farmote will build Products according to the order in which the Pre-Order is received or in such other order as deemed appropriate by us as being necessary. This position does not imply receiving a particular number associated with your Products. If you cancel or forfeit your Pre-Order in accordance with these Terms, then your position will be taken by the next person on the Pre-Order list. Notwithstanding the foregoing, you acknowledge and agree that we may need to build and use Products for a variety of purposes, such as in-house and third-party testing, evaluation, and display prior to fulfilling Pre-Orders.
  4. Delivery and Installation
    • Although we will make efforts to begin delivering and installing your Products as soon as reasonably practicable, you understand and agree that there may be delays. An estimated time of delivery is only an estimate, is subject to change, and Farmote does not represent or warrant that it will be able to deliver and install the Product by the estimated date.  As a result, in the event that a delay arises and the estimated delivery, installation and/or release of the Product is not met, Farmote is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. We will provide you periodical updates with respect to such delivery and installation schedule. If for any reason you decide that you do not wish to continue to wait for your Product, you may cancel your Pre-Order as provided for in clause 6 below.
  5. Price and Offer
    1. The full purchase price (Price) for the Product you have Pre-Ordered will be confirmed to you by us in writing prior to delivery and installation and will be payable by you on delivery and installation.
    2. If we have confirmed and accepted your Pre-Order and you have paid the Deposit then the second and third month of your subscription for the Product will be free of charge. Your account set up and the installation of the Product will also be provided free of charge.
    3. The Price does not include GST, taxes and any other government charges, which are your responsibility.
  6. Cancellation and Refund of Deposit
    • You or Farmote may cancel or terminate your Pre-Order by giving notice at any time for any or no reason prior to our notice to you that your Product is ready for delivery and installation. If you do so prior to our notice of delivery, you will obtain a refund of the Deposit you have paid without interest. If Farmote cancels your reservation you will receive a full refund of the Deposit without interest (and you will not pay any processing fee).
  7. Limitation of Liability
    1. Under no circumstances will Farmote be held liable for any incidental, special or consequential damages arising out or related to these Terms. In the event Farmote is held liable for any damages arising out or related to these Terms, your sole and exclusive remedy will be the full refund of your purchase price without interest.
    2. These limitations are subject to and do not limit any rights and remedies you may have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
  8. Terms and Conditions of Sale
    • The purchase of the Products is subject to additional terms and conditions that will be provided to you by Farmote prior to our notice to you that your Product is ready for delivery, including in respect of any software included in the Products or intellectual property embodied in the Products or data collected by the Products. Your purchase of the Product will be subject to these terms and conditions and the refund policy.
  9. Age and Residency
    • You acknowledge that you are at least 18 years old, are a resident of New Zealand, and will take delivery of your Product in New Zealand.
  10. Customer Information
    • We will use any information that we may collect about you only in accordance with our privacy policy that is available on our website.
  11. Prototype Acknowledgement and Disclaimer
    • Farmote gives no warranty, express or implied, with respect to the prototype product displayed by Farmote whether before or after you have placed your Pre-Order. You understand and agree that the product, its design and technical features are currently under development and that the product that may be available for purchase by you may be materially differently from the prototype product. If for any reason you are unhappy with the final version of the Product, your sole and exclusive remedy will be to cancel your Pre-Order as described in clause 6 above.
  12. Changes to the Terms
    • Farmote reserves the right to change any of these terms for any or no reason. We will provide notice of any material changes and, if you are unhappy with such changes, your sole and exclusive remedy will be to cancel your Pre-Order as described in clause 6 above.
  13. Miscellaneous Provisions
    1. These Terms constitute the entire agreement between the parties pertaining to its subject matter and it supersedes all prior agreements, representations and understandings of the parties.
    2. These Terms shall be governed by and shall be construed in accordance with the laws of New Zealand and any claim made by either party against the other which in any way arises out of these Terms will be heard in New Zealand and you agree to submit to the jurisdiction of the courts of New Zealand.
    3. You may not assign this agreement or any of the rights granted to you hereunder.
    4. If any part of these Terms is unenforceable (including any provision excluding or limiting our liability) the enforceability of the remainder of these Terms will not be affected.

Contact Us

See how Farmote Systems can work for you

C-Lab Coworking, B8/L1 Boxed Quarter, 270 St Asaph Street, Christchurch, 8011, New Zealand

PO Box 1125, Christchurch Central, Christchurch, 8140, New Zealand

+64 (0) 21 032 0364

info@farmote.com

Send A Message

If you are interested in getting Farmote Systems' solution installed on your farm, please drop us a line