Terms & Conditions
Terms and Conditions of Use for Cropmark Seeds Limited (“Cropmark”)
1. Acceptance of Terms
By creating an account for the Cropmark app (“App”), and your use of the App or Website (www.cropmarkseeds.com) or any content, features or your use of you agree to be bound by these terms and conditions (“Terms”). You understand and agree that your use of the App or Website or any content, features or services made available through the App or Website (collectively, the “Services”) are deemed acceptance of these Terms. If you do not agree to these Terms, please do not use the App or Website.
2. Use of the App or Website
The App and Website provide pasture and cropping recommendations based on parameters you input. These recommendations are intended to provide general guidance and are not a substitute for professional advice. You are responsible for verifying the suitability of any recommendations for your specific situation. You agree to use the App or Website and the Services only for the purposes that are permitted by these Terms and in compliance with all applicable laws, regulations and generally accepted practices or guidelines in the relevant jurisdictions.
3. User Responsibility
You are solely responsible for ensuring that the recommendations provided by the App or Website are appropriate for your farm, animals, or crops. It is recommended that you consult with a professional agronomist or veterinarian before making any significant changes based on the App or Websites recommendations.
4. Content
As between you and Cropmark, Cropmark owns or licenses all information and materials, including logos, designs, titles, phrases, product names, images, illustrations, icons, photographs, and the copyrights, trademarks, and other intellectual property rights associated therewith, in or made available through the App (“App Content”) or Website (“Website Content”). All App or Website Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any App or Website Content. As between you and Cropmark, all names, trademarks, symbols, slogans, or logos appearing on the App or Website are the property of Cropmark or its affiliates or licensors. Use or misuse of these trademarks is expressly prohibited. Under no circumstances will you have any rights of any kind in or to the App or Website Content, other than the right to use the App or Website Content in accordance with these Terms.
5. Disclaimers and Warranties
While the App and Website aims to provide accurate and helpful recommendations, Cropmark does not guarantee that the use of the App or Website will lead to successful pasture or cropping outcomes. Results may vary based on individual circumstances, including environmental factors, local regulations, and other variables.
Cropmark expressly disclaims, to the fullest extent permitted by law, any express or implied warranties:
(i) that the App or Website, App or Website Content, Services, advice, information or links provided on the App or Website will meet your requirements;
(ii) that the Services will be uninterrupted, timely, secure or free from error;
(iii) that defects in the operation or
functionality of any software provided to you as part of the Services will be corrected;
(iv) regarding the App or Website Content, services, advice, information or links provided by any third parties or users;
(A) that the App or Website, App or Website Content, Services, advice, or information displayed on the App or Website will meet your requirements; and
(B) that the App or Website will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from the App or Website shall create any warranty not expressly stated in these Terms.
You understand that the technical processing and transmission of any App or Website Content may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. We do not guarantee that any information sent to or from our App or Website will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to us via the App or Website including personal information.
No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the App or Website, App or Website Content and/or Services except to the extent that they are expressly set out in these Terms. If you are using our App or Website for personal activities, then nothing in these Terms is intended to abrogate from any rights you might have under the Consumer Guarantees Act 1993 (if any).
6. Disclaimer of Liability
Cropmark makes no representations or warranties of any kind, express or implied, about the accuracy, reliability, or suitability of the
recommendations provided by the App or Website. The use of any recommendations is at your own risk.
In no event will Cropmark be liable for damages other than actual and direct damages proven in a court of law. Cropmark’s liability shall in any event not exceed the greater of the price paid, and $1.00. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the total liability of Cropmark and its agents or representatives shall not exceed the lowest amount enforceable.
Without limiting the forgoing, you understand and acknowledge that Cropmark will not be liable for any direct, indirect, incidental, or consequential damages, including but not limited to loss of profit, damage to crops, or harm to animals, arising out of your use of, or inability to use, the App or Website or reliance on its recommendations.
You acknowledge that agricultural outcomes are influenced by many factors beyond our control, including weather, soil conditions, and management practices. Cropmark shall not be held responsible for any adverse outcomes resulting from following the recommendations of the App or Website.
7. Indemnity
You agree to defend, indemnify and hold harmless Cropmark, its officers, directors, members, employees, agents, affiliates and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:
(i) your use of and access to the App or Website and Services;
(ii) your breach of any of these Terms, including the Privacy Policy;
(iii) your breach of any third party rights, including without limitation any intellectual property or privacy rights; or
(iv) the use by any other persons accessing this App or Website using your account. This clause 7 will survive these Terms and your use of the App and or Website Services. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defence. You may not settle any claim contemplated in this clause 7 without the prior written consent of Cropmark.
8. Changes to the App or Website and Terms
Cropmark reserves the right to modify or discontinue the App or Website at any time, with or without notice at our sole discretion. We also reserve the right to update these Terms, and it is your responsibility to review them periodically.
Continued use of the App or Website after any such changes constitutes your acceptance of the revised Terms.
9. Errors, Inaccuracies and Omissions
Occasionally there may be information on the App or Website that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information on the App or Website if it is inaccurate at any time without prior notice.
10. Data Use
By using the App or Website, you agree that Cropmark may collect and use certain data you input for research, development, and improvement of the App or Website. Personal data will be handled in accordance with our Privacy Policy.
11. Linking
The contents of our App or Website may include links to third party materials. We will not be responsible for the content of any linked sites or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. The linked sites are provided to you only as a convenience, and the inclusion of any linked site does not imply any endorsement of it by us or any association with its operators. We reserve the right to prohibit links to our website and you agree to remove or cease any link on our request.
12. Complaint
Procedures If you believe that any content or posting on the App or Website violates your intellectual property or other rights, please notify Cropmark by email at info@cropmark.co.nz with a comprehensive detailed message setting forth the following information:
(a) your name and the name of your company, if applicable;
(b) your contact information, including your email address;
(c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and
(d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
13. Dispute Resolution
Any dispute arising out of the Terms shall be resolved in the following manner. First, either you or Cropmark shall notify the other of the nature of the dispute. Notification shall be given by email or letter. Upon receipt of the notice, the parties will negotiate in good faith. If a satisfactory resolution is not reached within 10 working days, then either party may refer the matter to arbitration.
Arbitration shall be held in Christchurch, New Zealand or other such place Cropmark elects. Notice of a desire to refer the matter to arbitration shall be given by email or letter. Upon receipt of the notice, Cropmark will attempt to agree with you who as to the person to be appointed as the arbitrator. Failing agreement within 5 working days’ of your notice, either party may apply to the President of the New Zealand Law Society for the appointment of the arbitrator. Unless the arbitrator makes a contrary award, the parties shall equally bear the costs of the arbitration and will each bear their own legal costs. The arbitrator may make any order he or she sees fit, provided that the liability of Cropmark may not exceed the limits set out in clause 6 of the Terms.
14. Termination
Cropmark reserves the right to suspend or terminate your access to the App or Website at any time for any reason, at its sole discretion.
15. Miscellaneous
You agree that if Cropmark does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Cropmark has the benefit of under any applicable law), this will not be taken to be a formal waiver of Cropmark’s rights and that those rights or remedies will still be available to Cropmark. If any provision of these Terms is declared to be invalid, then the remaining provisions will continue to be valid and enforceable.
The App and Website are controlled and operated from within New Zealand. Without limiting anything else, Cropmark makes no representation that the App or Website, App or Website Content, information or other materials available on, in, or through the App or Website is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the App or Website from outside New Zealand do so at their own risk and are responsible for compliance with applicable laws.
Cropmark may assign its rights and title or interest under these Terms at any time and without affecting the your liability.
16. Governing Law
These Terms are governed by the laws of New Zealand. Any disputes arising from the use of the App or Website shall be subject to the exclusive jurisdiction of the courts of New Zealand.
Data Management Policy
1. Purpose
This policy outlines the processes and protocols for handling, storing, and securing client data. It applies to all employees, contractors, and third-party providers engaged in managing client data.
2. Data Collection and Usage
• Website CMS (WordPress): Client data is collected through website forms, user interactions, and other online tools. This data is used for communication, service delivery, and marketing purposes.
• CRM (HubSpot): Client contact information, interaction history, and preferences are stored in HubSpot to manage customer relationships and automate marketing activities.
• Reporting (Google Analytics 4 – GA4): GA4 is used to collect and analyse website usage data, helping us understand client interactions with our digital content. This data is used to enhance user experiences and optimize our services.
3. Data Storage and Security
• Encryption: All client data in WordPress, HubSpot and GA4 is encrypted both at rest and in transit, ensuring that it is protected from unauthorised access.
• Access Control: Access to client data is restricted to authorised personnel only. Role- based access controls are enforced, ensuring that employees only have access to data necessary for their roles.
• Data Backup: Regular backups are performed for data stored in WordPress, HubSpot, and SharePoint. These backups are stored securely and tested regularly for data integrity and restoration capability.
• Security Monitoring: Continuous monitoring of our systems, including WordPress, HubSpot, and GA4, is in place to detect and respond to potential security threats promptly.
4. Data Retention and Disposal
• Retention Period: Client data is retained for as long as it is required for business purposes and in accordance with applicable legal and regulatory requirements.
• Disposal: When client data is no longer needed, it is securely disposed of using industry-standard data destruction methods to ensure it cannot be recovered or reconstructed.
5. Third-Party Providers
• Vendor Compliance: Third-party providers, including Google and HubSpot, are evaluated to ensure they meet our security and privacy standards. These providers are required to comply with relevant data protection laws and contractual obligations.
• Data Sharing: Client data is not shared with third parties without explicit client consent, except where required by law or necessary for service provision.
6. Client Rights and Requests
• Access and Correction: Clients have the right to access their data and request corrections if there are inaccuracies.
• Data Portability: Clients can request a copy of their data in a standard, transferable format.
• Data Deletion: Clients can request the deletion of their data, subject to any legal and contractual obligations that may require retention.
7. Policy Review and Updates
This policy is reviewed annually or as needed to address changes in technology, business practices, or regulatory requirements. Employees are informed of any significant updates.
8. Contact Information
For any questions or concerns about this policy or the handling of client data, please contact our Data Protection Officer at info@cropmark.co.nz