Farmlands Mobile App Terms and Conditions

Mobile Application End User Licence Agreement (MAEULA)

Introduction

Important: please read the terms and conditions of this licence agreement carefully before continuing. By downloading, installing or using a farmlands mobile application authorised user agree to be bound by this licence agreement.

The Farmlands Co-operative Society Limited ("Farmlands") End-User License Agreement ("MUEULA") is a legal agreement between authorised user (either an individual or a single entity) and Farmlands for the use of Farmlands Mobile Applications on any mobile devices that are compatible with those Applications ("mobile device"), including associated software components, media, printed materials, and online or electronic documentation ("Mobile App"). Any reference in this MAEULA to a Mobile App must be read as including a reference to data, information and content made available through the Mobile App. By downloading, installing, or otherwise using the App, the authorised users agree to be bound by the terms of this MAEULA. This MAEULA represents the entire agreement concerning the Mobile App between the authorised user and Farmlands and it supersedes any prior proposal, representation, or understanding between the parties. This agreement works in conjunction with Farmlands other Terms and Conditions as listed on www.farmlands.co.nz. If you do not agree to the terms of this MAEULA, you must not download, install or use the Mobile App.

Farmlands (and its licensors) own all intellectual property rights in the Mobile App. The Mobile App is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Mobile App is not sold to the authorised users – it is licensed on the Terms and Conditions of this MAEULA only.

 
1. Registration

Use of the Farmlands Mobile App requires an initial registration using MyFarmlands login ID and password.

The information submitted by the authorised users during the registration process and use of the Mobile App will be retained by Farmlands and used in accordance with its privacy terms set out in Farmlands Website Privacy Policy. The authorised users agree that Farmlands may use any personal information obtained about the authorised users via the Mobile App for any purpose associated with the provision of, or their use of, the Mobile App.

 
2. Security

The authorised users' Mobile App registration (including login) and information requests are protected and secure.

Authorised users must exercise every possible care to ensure the safety of the mobile device to which Authorised users have registered the Mobile App, including taking all reasonable care to prevent loss, theft or fraudulent use of their mobile device, including but not limited to ensuring they do not leave it unattended and do not let anyone else use it. Farmlands recommends that the authorised users set up a PIN, password or other lock function to lock their mobile device and always activate it when the device is left idle or unattended.

 
3. Data Protection

Any personal information supplied by the authorised users to Farmlands when using the Application will be used by Farmlands in accordance with its website Privacy Policy www.farmlands.co.nz/Help/WebsiteTerms/Privacy-Policy/

 
4. Location Services

Location data provided by any Third Party Materials and Websites is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage.

 
5. Privacy

1. Information about the authorised users (whether provided by the authorised users or by participating parties) will be collected and held by Farmlands. This information will be used by Farmlands, and its agents to provide services relating to the mobile app. Information from the database will also be used by Farmlands, and its agents, for, but not limited to, marketing purposes, planning, product development and research
2. Each of the authorised users consents to the collection and use of their personal and other information in the manner set out above and the disclosure of such information to Farmlands agents for the purposes of operating its mobile app. Information about the authorised users may be disclosed to Farmlands agents or participating parties if deemed necessary by Farmlands
3. The authorised users may, under the provisions of the Privacy Act 1993, request access to and correction of their personal information held by Farmlands. These requests must be in writing

 
6. Proprietary Rights and Licence

1. All trademarks, copyright, database rights and other intellectual property rights of any nature in the Mobile App together with the underlying software code are owned either directly by Farmlands or by Farmlands licensors.
2. Farmlands hereby grants the authorised users a non-exclusive, royalty-free revocable licence to use the Mobile App for their business and personal use in accordance with these Mobile App terms.

 
7. Conditions of Use

1. The authorised users will not, nor allow third parties on their behalf to:
   (a) Make and distribute copies of the Mobile App
   (b) Attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Mobile App; or
   (c) Create derivative works of the Mobile App of any kind whatsoever.
2. The Mobile App is currently made available to the authorised users free of charge for their personal and business use (to assist with the requirements of their rural business). Farmlands reserves the right to amend or withdraw the Mobile App, or charge for the Mobile App or service provided to the authorised user in accordance with these app terms, at any time and for any reason.
3. The authorised user acknowledge that the terms of agreement with their respective mobile network provider ('Mobile Provider') will continue to apply when using the Mobile App. As a result, the authorised user may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Mobile App or any such third party charges as may arise. The authorised user must accept responsibility for any such charges that arise.
4. If the authorised user is not the bill payer for the mobile telephone or handheld device being used to access the Mobile App, the authorised user will be assumed to have received permission from the bill payer for using the Mobile App.

 
8. Availability

1. This mobile application is available to handheld mobile devices running Apple iOS(Operating System) and Android OS. Farmlands will use reasonable efforts to make the Application available at all times. However the authorised user acknowledge the Mobile App is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside Farmlands' reasonable control.
2. Farmlands, its group of companies and sub-contractors do not accept any responsibility whatsoever for unavailability of the Mobile App, or any difficulty or inability to download or access content or any other communication system failure that may result in the Mobile App being unavailable.

 
9. System Requirements

1. In order to use the mobile app, the authorised users are required to have a compatible mobile telephone or handheld device, internet access and the necessary minimum specifications ('Software Requirements').
2. The Software Requirements are as follows: Apple iOS devices, and Android OS devices.
3. The version of the Mobile App software may be upgraded from time to time to add support for new functions and services.

 
10. Termination

1. Farmlands may terminate use of the Mobile App at any time by giving notice of termination to the authorised users.
2. Upon termination,
   (a) The rights and licenses granted to the authorised users herein shall terminate;
   (b) The authorised users must cease all use of the Software.

 
11. Limitations of Liability

1. In no event will Farmlands be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages whatsoever arising out of your use or access to the Mobile App, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.
2. Farmlands is not liable to the authorised users for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Mobile App.
3. Farmlands is not liable for the data usage or changes incurred by using this mobile app.
4. Nothing in these mobile app terms shall exclude or limit Farmlands' liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited under applicable law.

 
12. Consumer Guarantees Act

Nothing in this MAEULA shall affect any right the authorised user may have under the New Zealand Consumer Guarantees Act 1993.

 
13. Third Party Content

The Mobile App may display, include or make available content, data, information, applications, services or materials from third parties or provide links to certain third party websites ("Third Party Materials and Websites"). By using the Mobile App, the authorised users acknowledge and agree that Farmlands is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials and Websites. Farmlands does not warrant or endorse and does not assume and will not have any liability or responsibility to the authorised users or any other person for any Third Party Materials and Websites. Third Party Materials and Websites are provided solely as a convenience to the authorised users. Neither Farmlands, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of any information, including financial information or location data displayed by Third Party Materials and Websites.

Farmlands makes no representation that such Third Party Materials and Websites are appropriate or available for use in any particular location. To the extent the authorised users choose to access such Third Party Materials and Websites, The authorised users do so at their own risk and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Farmlands reserves the right to change, suspend, remove, or disable access to any Third Party Materials and Websites at any time without notice. In no event will Farmlands be liable for the removal of or disabling of access to any Third Party Material and Websites. Farmlands may also impose limits on the use of or access to certain Third Party Materials and Websites without notice or liability.

 
14. Disclaimer of Warranties

To the maximum extent permitted by law and for the avoidance of doubt, Farmlands hereby disclaims all implied warranties with regard to the Mobile App. The Mobile App and software are provided "as is" and "as available" without warranty of any kind including but not limited to any warranties of accuracy, merchantability, non-infringement, or fitness of a particular purpose. Farmlands does not warrant or assume responsibility for the accuracy or completeness of any data, information, content, text, graphics, links or other items contained within or made available through the Mobile App. Farmlands makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer programme.

 
15. Applicable Law

This MAEULA is governed and to be construed by the laws of New Zealand and The authorised users accept that New Zealand courts have non-exclusive jurisdiction to deal with any dispute, litigation or other matter relating to this MAEULA or the Mobile App.

 
16. Severability

If at any time any provision of these terms is or becomes illegal, invalid or unenforceable in any respect, that provision shall be read down to become legal, invalid or unenforceable or, if this is not possible, deleted. The other terms of this MAEULA shall continue to apply with full force and effect.

 
17. Apple

Where the authorised users download, install or use the Mobile App on an Apple mobile device, the authorised users acknowledge that:

1. The MAEULA is between Farmlands and the authorised user and not Apple; and
2. Apple has no responsibility or liability in respect of any matter relating to the mobile app, including the authorised users use or possession of the mobile app.
3. Farmlands and the authorised users agree that Apple and any Apple subsidiary are third party beneficiaries of the MAEULA and that Apple has the right to enforce the MAEULA against the authorised users as a third party beneficiary.
4. The authorised users represent and warrant that they are not located in a county that is subject to a US Government embargo, or that has been designated by the US Government as a terrorist supporting county and the authorised users are not listed on any US Government list of prohibited or restricted parties.

 
18. Variation

Farmlands may in its absolute discretion change these Standard Terms at any time by publication of the amended terms on its website www.farmlands.co.nz. The change will take effect from the time specified by Farmlands in the notice or on its website (as the case may be).