Website Terms of Use

This website https://www.sproutagritech.com (Site) is owned by Sprout Agritech LP (referred to on this Site as we, our or us).  Your use of this Site is governed by these terms of use (Terms).  By accessing and browsing this Site you agree to be bound by these Terms and our Code of Conduct.   

Right to Use Site and Content

1. You may access, view, reproduce and print the content on this Site, provided you only use that content for informational, non-commercial purposes, and any reproduction includes a prominent acknowledgement of our rights in the relevant content.  

2. Additional terms may apply to certain features, parts or content of the Site.  Where they apply, those additional terms will be available at the relevant part of the Site and you may only use the relevant feature, part or content in accordance with those additional terms.

3. We reserve the right to prohibit links to the Site, and you agree to remove or cease any link upon our request.  

4. All rights granted to you under these Terms will terminate immediately if you are in breach of any of them. 

Disclaimer  

1. We will use reasonable endeavours to ensure the Site is available as much of the time as possible, but we cannot guarantee that it will be available all of the time. We do not guarantee that your access to, or use of, the Site will be uninterrupted, error-free or virus-free. We reserve the right to modify, suspend or withdraw the Site at any time without notice to you.

2. While we try to make sure that all information on the Site is current, accurate and complete, it is not intended to amount to advice on which reliance should be placed. The information is for general information purposes only and has not been prepared by taking into account the particular objectives, situation or needs of any individual users. You should exercise your own judgement before acting on any such information. To the fullest extent permitted by law, we will not be liable for any loss or damage incurred as a result of your reliance on any of the content on the Site.

3. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of the Site and its content.

Third Party Websites and Materials

1. The Site may contain links to third party websites.  These websites have not been prepared by us and are not controlled by us.  They are provided for your convenience only, and we do not necessarily check, endorse, approve or agree with third party websites the Site links to. 

2. The Site may also contain third-party advertisements. Advertisements are not recommendations or endorsements by us.  You should refer to the relevant advertiser for information on its products and/or services. 

Privacy 

1. Our Privacy Policy is available on the Site and it governs the collection, use and disclosure of your personal information by us.  The Privacy Policy forms a part of these Terms.

User-Provided Content

1. If you provide or contribute any content or other materials to us and/or to this Site or on our social media (User Content), you agree that we, and anyone authorised by us, can use that User Content in any manner free of any obligation to you.  This includes granting us the right to copy, distribute, modify, licence and exploit any User Content in perpetuity by any means and media now known or developed in the future, without payment or other consideration to you or any other person, including use in advertising and promotion.  By posting or uploading any User Content to this Site or providing any User Content to us, you automatically and irrevocably:

   • grant and assign to us any and all rights in the User Content throughout the world including without limitation all copyright, and waive all moral rights in the User Content that may be available to you in any part of the world.  If any of these rights cannot be assigned to us, you grant us a perpetual royalty-free worldwide licence to any and all rights in the User Content, including without limitation, all copyright, with the right to sublicence;

   • appoint us as your agent with power to enter into any document and/or do any act (and you agree to execute any documents) we may consider appropriate to confirm and enforce the rights granted under these Terms; and

   • warrant that: (1) you are the owner of the User Content and entitled to enter into these Terms, (2) you have obtained all necessary permissions and licences for any third-party materials necessary for us to exploit the rights granted to us in the User Content; and (3) no User Content will be subject to any obligation, of confidence or otherwise, to you or any other person.

Security of Information

1. Unfortunately, no data transmission over the internet can be guaranteed as totally secure.  We do not warrant and cannot ensure the security of any information which you transmit to us.  Accordingly, any information which you transmit to us is transmitted at your own risk.  Once we receive your transmission, we will take reasonable steps to preserve the security of such information (in relation to any personal information, the handling and protection of which will be governed by our Privacy Policy).  You should never share your secure information, password or identifier with any other person. 

Cookies  

1. We use cookies on our Site for session authentication purposes, as well as beacons, tags and scripts to collect and track information and to improve and analyse our Site. 

2. A cookie is a small data file that the Site sends to your browser or mobile device (as the case may be), which may then be stored for later retrieval by the Site. A beacon or a tag is a graphic image that is placed on a website or an email and used to monitor the behaviour of the user visiting the Site. 

3. If you reject cookies or beacons, you may still use our Site, but your ability to use some of its features or functionality may be limited.

4. We also use analytics tools, such as Google Analytics services, to analyse non-identifiable traffic data relating to the use of our Site. For more information on how Google collects and processes this data, please refer to Google's Privacy Policy (https://policies.google.com/privacy?hl=en). 

Forums 

1. If this Site contains chat rooms, bulletin boards, comment platforms or any other communication forums where user-generated content is created and published (Forums) you agree to only use the Forums to send and receive material and messages that properly relate to the particular Forum.  You further agree that when accessing a Forum you will not:

   • abuse, threaten, harass, stalk, defame or otherwise violate the legal rights of other users of the Forums;

   • publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information;

   • upload files that contain information or software protected by intellectual property laws unless owned or controlled by you or used by consent of the owner;

   • upload files that contain viruses, corrupted files, or any other software or programmes that may cause damage to the computers of other users of the Forums;

   • advertise, or offer to sell any goods or services or conduct or forward surveys, contests or chain letters; and

   • engage in, or solicit or procure the engagement in, any other conduct that are similar to the foregoing.

2. You acknowledge and agree that Forums are public communications and that communications by other users are not endorsed by us and have not been reviewed, screened or approved by us.

3. We, at our sole discretion and without notice, reserve the right to remove any content from the Forums and to deny any user access to any Forum or to this Site or any portion of it.

Indemnification

1. You agree to indemnify, hold harmless and defend us and our affiliates, officers, and employees from any loss, liability, claim, demand, damage, or expenses (including reasonable attorneys’ fees) asserted by any third party due to or arising from or in connection with your use of or conduct on this Site, or from any content or messages posted or transmitted by you on or through the Site.   We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

Exclusion of Liability

1. To the extent permitted by law:

   • all warranties, representations and guarantees (whether express, implied or statutory) in relation to your access to or use of the Site or the content on or accessed through it are excluded, including without limit, suitability, fitness for purpose, accuracy or completeness; and 

   • we will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of this Site or the content on or accessed through it.

Additional Terms 

1. If we work alongside you, you may need to agree to additional terms and conditions from time to time.  Any such additional terms and conditions must be read in conjunction with these Terms.  In the event of any inconsistency between these Terms and any such additional terms and conditions, the relevant terms and conditions will prevail.  

Intellectual Property

1. All intellectual property on this Site including (without limit) the text, graphics, copyright works and trade marks, is owned by us (or by third-party content suppliers).  We are the exclusive owner of all rights in the compilation, design and layout of this Site.

Amendments

1. We may amend these Terms from time to time, and you should check and read these Terms regularly.  If we do amend these terms, we will post the revised version on the Site with an updated revision date.  If we make material changes to these terms, we will also post a prominent notice on the Site.

Jurisdiction and Governing Law

1. These Terms are governed by the laws of New Zealand. The parties submit to the non-exclusive jurisdiction of the New Zealand courts in respect of all matters relating to these Terms.

Contacting Us

If you have any questions or concerns in relation to the Site or these Terms, please contact us at info@sproutagritech.com.