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AgriWebb Bayer Trial Terms and Conditions

NOTICE TO ALL PARTCIPANTS: Please read these terms and conditions carefully. By creating an AgriWebb Bayer trial account, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions.

TERMS

  1. Trial Use Only
    • 1.1. Except as provided in these Terms, no payment is required to participate in the Trial and you may return the Tablet at any time prior to the Trial. The Tablet and AgriWebb App is provided to you by Bayer as AgriWebb’s agent.
    • 1.2. You acknowledge your use of the Tablet during the Trial Period is for trial purposes only and upon expiry of the Trial, unless you have elected to purchase the Tablet, all data entered during the Trial Period may be lost and will not be recoverable.
  2. Registration
    • 2.1. In order to take part in the Trial you must submit an online application at AgriWebb’s website and complete all required information. Your use of the Tablet and AgriWebb App during the Trial Period will be subject to the AgriWebb Agreement.
    • 2.2. If AgriWebb accepts your application, AgriWebb will, within one business day, provide to you login details to access the AgriWebb App using the Tablet. You must not disclose your login details to any third party and must not allow third parties to access or use the Tablet, whether on your behalf or otherwise.
  3. The Tablet
    • 3.1. Bayer will deliver the Tablet to you. Any timeframes quoted by Bayer for delivery of the Tablet are estimates only.
    • 3.2. The Tablet remains the property of AgriWebb during the Trial Period and is for evaluation purposes only. You are responsible for care of the Tablet, and must follow all reasonable instructions and comply with all conditions notified to you. If the Tablet (or any part of it) is lost, damaged, misused or modified during the Trial Period you must pay for the cost of replacement or repair of such Tablet.
    • 3.3. Support. Bayer will provide you with reasonable initial instruction with respect to use of Tablets and any ongoing user support. AgriWebb will be responsible for providing you technical support, or support with respect to access or account queries, subject to the AgriWebb Agreement. You may also wish to purchase assistance for mapping your property into the AgriWebb App, which services will be provided by AgriWebb at a pre-agreed price of $400 (excluding GST) under their standard terms. AgriWebb will invoice you for these services and you will be required to pay prior to the service being provided.
  4. Termination and Expiry of Trial Period
    • 4.1. The Trial by you will extend for the Trial Period, but may be terminated by giving 7 days’ notice, or at any time where you are in breach of these Terms or the AgriWebb Agreement, or become insolvent or subject to any insolvency proceedings.
    • 4.2. Except where you purchase the Tablet in accordance with clause 6, upon expiry of the Trial Period or termination of this agreement, you must immediately cease use of the Tablet and within five days return the Tablet and all accessories to Bayer in the same condition as they were delivered to you. You acknowledge any data on the Tablet or stored by the AgriWebb App (locally or remotely) will be deleted and be irrecoverable.
  5. Purchase of Tablet
    • 5.1. During the Trial Period, you will receive notifications from AgriWebb and Bayer providing the opportunity to purchase the Tablet at a cost of $1100 (excluding GST). You may also purchase additional tablets at a cost notified by AgriWebb (prices available on AgriWebb’s website). You have no obligation to purchase the Tablet or any additional tablets and may choose to purchase or not entirely at your discretion.
    • 5.2. In the event that you purchase the Tablet from AgriWebb, including by making payment in full, title in it will pass to you and these Terms will cease to apply. All subsequent use of the AgriWebb App will be subject to the AgriWebb Agreement.
    • 5.3 You acknowledge that Bayer will receive a commission payment from AgriWebb in the event that you purchase a Tablet or additional tablets from AgriWebb during or after the Trial Period following participation in the Trial.
  6. Intellectual Property
    • 6.1. All intellectual property, materials and content included in or associated with the AgriWebb App or Tablets are the property of AgriWebb or Bayer, or their licensors or suppliers. Other than the rights granted under these Terms and (where applicable) the AgriWebb Agreement, you are not granted any rights or licences in such intellectual property, materials or content.
  7. Privacy and Data Collection
    • 7.1. When you register for the Trial, you will be asked to provide personal information to either or both of Bayer and AgriWebb and during the Trial Period, you may provide additional information (including personal information).
    • 7.2. You consent to Bayer and AgriWebb disclosing your personal information to each other and their affiliated companies such recipients using the personal information to facilitate and manage the Trial and for associated business purposes. Additional information about Bayer’s privacy policies can be found at www.bayer.com.au. Bayer is not responsible for the collection, use, management and disclosure of personal information by AgriWebb. Additional information about AgriWebb’s privacy policies and Customer Agreement can be found at https://www.agriwebb.com/website-terms.html
    • 7.3. You acknowledge that during the Trial Period, AgriWebb may monitor your use of the AgriWebb App and collect information and data about such use, including content. You consent to AgriWebb disclosing such information to Bayer and both parties using such information in connection with the Trial and for the purposes of the products and services they provide.
  8. Limitation of Liability
    • 8.1. Nothing in these Terms excludes, restricts or modifies the application of any legislation which by law cannot be excluded, restricted or modified.
    • 8.2. Subject to the clause 9.1, all representations, warranties, guarantees, terms and conditions which would otherwise be implied in or imposed on these Terms in connection with any goods or services supplied by Bayer or otherwise relating to the performance of Bayer’s obligations under this agreement, are excluded.
    • 8.3. Subject to clauses 9.1 and to the extent permitted by law:
      • (a)  Bayer will not be liable to you for any special, indirect or consequential loss of damage, any loss of profit or business opportunity, any business interruption or loss of business information arising out of or relating to this Trial or these Terms, including claims arising out of the use or not being able to use or any defect in the AgriWebb App, the Tablet, support or maintenance services; whether at common law, under contract, tort (including negligence), in equity, pursuant to statue or otherwise, even if Bayer has been advised of the possibility of such loss; and
      • (b) Bayer’s liability for any claim arising under any term, condition or guarantee implied or imposed by statute which by law cannot be excluded is limited, to the extent permitted by law, at the option of Bayer, to the repair or replacement of the goods, the re-supply of those services or the payment of the cost of re-supplying those goods or services.
  9. General
    • 9.1. These Terms contain the entire agreement of the parties with respect to its subject matter and may only be amended, and any obligation waived, in writing. If any provision of these Terms is invalid, illegal or unenforceable, these Terms take effect (where possible) as if they did not include that provision.
    • 9.2. You must not assign or otherwise deal with your rights under these Terms without the prior written consent of Bayer.
    • 9.3. These Terms are governed by the laws of New South Wales, Australia. The parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
  10. Definitions
    AgriWebb
    means AgriWebb Pty Ltd (ACN 163 515 900).
    AgriWebb Agreement means the AgriWebb Customer Agreement on the website of AgriWebb, as updated from time to time.
    AgriWebb App means the application developed by AgriWebb that provides data management services for farmers.
    Bayer means Bayer Australia Limited (ABN 22 000 138 714).
    Tablet means the Samsung Galaxy Tab A 8 inch 16 GB tablet preloaded with the AgriWebb App and includes Gumdrop Hideaway Samsung TAB A 8 inch Toughcase (or a tough case of equivalent specification and quality as directed by AgriWebb).
    Trial means the trial of Tablets by trial participants under these Terms.
    Trial Period means 30 days from the date the relevant participant registers with AgriWebb in the Trial.