Welcome to DecipherAg, an online agricultural nutrition management service designed especially for agriculture businesses. These DecipherAg Terms of Use are intended to explain our obligations as a service provider and Your obligations as a customer. Please read the DecipherAg Terms of Use carefully.

The DecipherAg Services are provided by CSBP Limited (ABN 81 008 668 371), trading as Decipher AgTech. By registering to use, and by using, the Website and the DecipherAg Services, You:

  • acknowledge that you have read and understood, and that you agree, to these DecipherAg Terms of Use, which include our Privacy Policy and Personal Information Collection Statement (available at http://support.decipher.com.au/en/articles/4240296-decipherag-terms-of-use);
  • agree that You have the authority to act on behalf of any person for whom You are using the DecipherAg Services;
  • agree that You are deemed to have agreed to these DecipherAg Terms of Use on behalf of any entity for whom you use the DecipherAg Services.

The DecipherAg Terms of Use apply to any use of the DecipherAg Services and apply to You, from the time that DecipherAg provides You with access to the DecipherAg Services.

The DecipherAg Service will evolve over time based on user feedback. It is likely the terms of use will change over time. DecipherAg reserves the right to change these terms at any time, effective upon the posting of modified terms and DecipherAg will make every effort to communicate these changes to You via email or notification via the Website. It is Your obligation to ensure that You have read, understood and agree to the most recent terms available on the Website. You should immediately cease using the DecipherAg Services if You do not agree to these DecipherAg Terms of Use.

These DecipherAg Terms of Use were last updated on 5 August 2020 to make the following amendments:

  • To specify that Linked Accounts that unlink from Parent Accounts will lose access to any subscription or fee-based services made available through the Parent Account.
  • To specify that Linked Accounts’ access to Services may be affected by the termination of the Parent Account
  • To specify that Linked Accounts’ access to Services may be affected by the amendment of the Parent Account Agreement

1. Definitions

  • Account’ means a subscription for DecipherAg Services;
  • ‘DecipherAg’, ‘us’, ‘we’ and ‘our’ means CSBP Limited (ABN 81 008 668 371) trading as Decipher AgTech.
  • ‘Content’ has the meaning set out in clause 13.
  • ‘DecipherAg Linked Account’ means an Account linked to a Parent.
  • ‘DecipherAg Services’ means DecipherAg’s online farm nutrition management services made available through the Website and/or DecipherAg’s mobile application as updated from time to time including but not limited to DecipherAg’s free services, DecipherAg’s subscription-based services from time to time and any other “for fee” DecipherAg Services.
  • ‘DecipherAg Subscription Fee’ means the basic fee charged by DecipherAg for registration for the subscription-based DecipherAg Services payable in accordance with the Fee Schedule (but does not include any use-based fees).
  • ‘DecipherAg Terms of Use’ means the terms and conditions set out or referenced above and below as amended or replaced from time to time.
  • ‘Fee Schedule’ means the fees charged by DecipherAg for subscriptions and other use-based fees charged by DecipherAg from time to time.
  • ‘Invited User’ means a User accessing and using the DecipherAg Services in relation to an Account with the permission and authorisation of the Owner of that Account. The types of Invited Users are set out in clause 4.
  • ‘Owner’ means, in relation to an Account for DecipherAg Services, the User who:

(a) creates the DecipherAg Account; or

(b) accepts an invitation to be the Owner of a DecipherAg Linked Account

created on their behalf by a Parent Account Owner; or

(c) (if there is no person or entity who qualifies under (a) or (b)) the Parent

Account Owner that created the Account.

  • ‘Parent’ means an authorised DecipherAg distributor as appointed under a Parent Account Agreement.
  • ‘Parent Account Owner’ means the nominated owner of the Parent Account as detailed in the Parent Account Agreement.
  • ‘Parent Account Agreement’ means an agreement between CSBP Limited and an authorised DecipherAg distributor.
  • ‘User’ means a person who has registered with DecipherAg to use the DecipherAg Services, and, where the context permits, includes any entity on whose behalf that person registers to use the DecipherAg Service.
  • ‘Website’ means the Internet site at the domain csbpdecipherag.com.au or any other website operated by DecipherAg and includes any applicable DecipherAg App.
  • ‘You’, ‘you’, ‘your’ and ‘Your’ means the person using the DecipherAg Services (being the User who has been through the Registration process set out below and agreed to these DecipherAg Terms of Use), and where the context permits, an Invited User who uses the DecipherAg Services.

2. Use of Services

DecipherAg grants to You a non-transferable, terminable, non-sublicensable, non-exclusive and limited licence to access and use the DecipherAg Services subject to the DecipherAg Terms of Use. The term of the licence commences on Your acceptance of the DecipherAg Terms of Use and (subject to the DecipherAg Terms of Use) ends on termination or cancellation of DecipherAg Services (in relation to the DecipherAg subscriptions that You have User rights in relation to) in accordance with the DecipherAg Terms of Use.

2.1 Personal Information Collection Statement

By providing Your personal information to us, You consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy, these DecipherAg Terms of Use and the Personal Information Collection Statement.

3. Eligibility

In order to be eligible to be supplied with, and granted access to, the DecipherAg Services, and be granted a licence to access and use DecipherAg Services You must:

(a) register for DecipherAg Services;

(b) in relation to an Account that You are the Owner of:

(i) if required by CSBP select a subscription tier; and,

(ii) if the relevant subscription tier has an associated DecipherAg Subscription

Fee, You must pay the applicable DecipherAg Subscription Fee;

(c) agree to the DecipherAg Terms of Use;

(d) be permitted by DecipherAg (in its complete discretion) to access and use

DecipherAg Services through DecipherAg enabling Your access to DecipherAg

Services; and

(e) be over 18 years old.

Upon having completed this process You will be a User and will be licensed to use DecipherAg Services on and subject to the DecipherAg Terms of Use.

4. User Roles

4.1 Your right to access and use the DecipherAg Services via the Website will vary in accordance with the particular User roles applying to Your use of that Account. You may have and maintain multiple User roles across multiple Accounts.. The basic User Roles (and their permissions are):

  • Owner: the Owner of an Account will have full access to the Account and the DecipherAg Services subscribed to pursuant to that Account;
  • Invited User (Administrator): this type of Invited User will have similar access to the Owner for that Account, however an Invited User (Administrator) cannot cancel or delete that Account;
  • Invited User (Standard): this type of Invited User will have full access to operational data and map layers for the Account that they are the Invited User for, but will not have administrative permissions and cannot see or maintain business details, master data or Account details;
  • Invited User (View Only): this type of Invited User will only be able to view operational data and map layers for the Account that they are the Invited User for, and will not be able to upload/download material or alter any data;
  • Invited User (Sampler): this type of Invited User will only have access to sampling jobs for the Account that they are the Invited User for.
  • Parent Account User: the Parent Account User, will have the same level of access as the Owner for that Account, excluding the ability to cancel or delete the Account

For the avoidance of doubt, You may be an Owner of an Account and be an Invited User in relation to one or more other Accounts.

4.2 You acknowledge and agree that, subject to any applicable written agreement between the Owner and the Invited Users, or any other applicable laws:

(a) the Owner determines who is an Invited User and what level of user role access

to the relevant Account that Invited User will have;

(b) the Owner is responsible for (and liable for) all of its Invited Users’ use of the

DecipherAg Services;

(c) the Owner is responsible for controlling each Invited User’s level of access to

the relevant Account and DecipherAg Services at all times and may revoke or

change an Invited User’s access, or level of access, at any time and for any

reason, in which case that Invited User will cease to be an Invited User or shall

have that different level of access for that Account, as the case may be;

(d) if there is any dispute between an Owner and an Invited User for that Account

access to any DecipherAg Service, the Owner shall decide what access or level

of access to the relevant DecipherAg Service that Invited User shall have, if any.

4.3 If an Account is a DecipherAg Linked Account then the Parent Account Owner of that DecipherAg Linked Account will have the same rights and responsibilities in relation to that Account as an Owner does under clause 4.2.

5. Access Obligations

(a) You must ensure the security and confidentiality of Your User details, including

any username and/or password assigned to, or created by, You and not share

those details with anyone else.

(b) You are wholly and solely responsible for all activities which occur through the

use of Your User details by You or any person acting on Your behalf or acting

with knowledge of Your username and/or password (including any transactions

made through the Website, any DecipherAg application or DecipherAg

Services and any unauthorised use of credit cards or bank accounts). Without

limiting this provision, if Your negligence results in unauthorised access to Your

DecipherAg Account then You will be responsible for the transactions

conducted through Your DecipherAg Account as a result of the unauthorised

access.

(c) Owners are responsible for activity undertaken by Invited Users in relation to

the Owner’s Account.

(d) You must notify us immediately if you become aware of any unauthorised

access to Your profile or Account or any unauthorised use of Your User details,

and You must take all other actions that DecipherAg reasonably deems

necessary to maintain or enhance the security of DecipherAg’s systems and

networks and Your access to the DecipherAg Services.

(e) You must not allow your User details to be used by any other person and,

without limiting this principle, Owners must not permit Invited Users (or anyone

else who is not the Owner) to access the Website using the Owner’s details or

access the Website, any DecipherAg application or DecipherAg Services that is

solely intended for access by the Owner.

Without limiting the other provisions of these DecipherAg Terms of Use and the personal information collection notice DecipherAg captures IP addresses of people accessing DecipherAg Services (including, but not limited to, as part of any contracting process) and monitors and records website access and usage.

6. Payment Obligations

Pre payment for access to a DecipherAg Services Account must be made by the Owner of a subscription in accordance with the Fee Schedule until access for the Owner is removed in accordance with clause 8.

Use of the DecipherAg Service may be subject to limitations, including but not limited to data storage and number of Users You are permitted to have as Invited Users in accordance with the details set out in the Subscription Fee Schedule. If the Owner requires additional DecipherAg Services then the Owner will be required to pre-pay for them.

All DecipherAg invoices in relation to an Account will be sent to the Owner, or to the Billing Details nominated, by email.

7. Accessibility and Availability

(a) Subject to these DecipherAg Terms of Use, DecipherAg will grant Users access

to the Website and the DecipherAg Services upon completion of the

registration process.

(b) Without limiting the DecipherAg Terms of Use or any other provision of these

DecipherAg Terms of Use:

(i) while DecipherAg uses reasonable endeavours to make DecipherAg

Services available continuously, DecipherAg does not guarantee,

represent or warrant that Your access will be uninterrupted, reliable, timely,

secure or error free.

(ii) Your access to the DecipherAg Services may be suspended without notice

in the case of telecommunications interruption or bottleneck, system

failure, maintenance or repair or any reason beyond our control (including

services provided by third parties becoming unavailable).

(iii) the availability of DecipherAg Services are dependent on third party

providers including for access to maps generated through satellite imagery

and, from time to time, these maps may not be available due to factors

beyond DecipherAg’s reasonable control including but not limited to cloud

cover or other weather events.

(c) We reserve the right to, at any time, without notice, alter, suspend or

permanently remove any DecipherAg Service component or functionality

available at any time.

8. Removal of Access

8.1 An Owner’s right to access and use the DecipherAg Services will continue until the Owner deletes the Owner’s profile or cancels the Account, or until termination of the Account in accordance with these DecipherAg Terms of Use. Upon any of these events occurring then any Invited User’s right to access or use that Account will cease.

If an Owner of an Account elects to reinstate access to DecipherAg Services the Owner can access the Content and data by providing written request to DecipherAg. DecipherAg will endeavour to reactivate the data and Content within one week. The Owner shall be liable to pay any associated fees for this service.

8.2 Without limiting any other provision of these DecipherAg Terms of Use, DecipherAg may suspend, or terminate Your access to DecipherAg Services (and the licence granted under the DecipherAg Terms of Use) in whole or in part in the following circumstances:

(a) If DecipherAg becomes aware, or reasonably believes, that You have provided

false or inaccurate information in order to register for DecipherAg Services;

(b) if You have failed to pay fees to DecipherAg for the DecipherAg Services

(including but not limited to DecipherAg Subscription Fee and any usage based

fees);

(c) If DecipherAg becomes aware, or reasonably believes, that Your registration for

DecipherAg Services was made by someone who did not have authority to

apply for registration on Your behalf;

(d) If you notify us that Your DecipherAg account (or any DecipherAg Account that

you have access rights to) has been accessed without Your authorisation;

(e) If You are in breach of these DecipherAg Terms of Use (including a failure to

pay for DecipherAg Services in accordance with these DecipherAg Terms of

Use).

DecipherAg shall use reasonable endeavours to notify a User if DecipherAg has terminated or suspended access to the DecipherAg Services for any of the reasons set out in clause 8.2.

8.3 (a) You may cancel Your access to the DecipherAg Services by deleting Your

profile.

(b) An Owner may cancel an Account that it is Owner of (and cancel access to the

DecipherAg Services in respect of that Account) by deleting the Account in the

Owner’s business settings. DecipherAg will not provide a refund of any prepaid

fees (including any prepaid DecipherAg Subscription Fee relating to the period

following cancellation).

(c) If the Owner of a DecipherAg Linked Account wishes to unlink the Account

from the Parent, the Owner must first notify DecipherAg to enable the Account

to be unlinked from the Parent. We will use reasonable endeavours to action

such requests within one week of receipt. We will notify the Parent if the Owner

of a Linked Account requests their account to be unlinked. For avoidance of

doubt, if an Owner unlinks a Linked Account from the Parent then the Owner

will lose access to the DecipherAg’s subscription-based services and any other

“for fee” DecipherAg Services made available to that Linked Account by the

Parent through the DecipherAg Parent Account Agreement.

8.4 Access to the DecipherAg Services, made available to a Linked Account through a DecipherAg Parent Account Agreement, will be cancelled on expiration, termination or amendment as applicable of the DecipherAg Parent Account Agreement.

8.5 Without limiting DecipherAg’s rights under clause 8.2, DecipherAg may, at any time, by giving a User no less than 28 days’ notice, terminate the User’s access to DecipherAg Services for DecipherAg’s own convenience. If DecipherAg terminates an Owner’s access to the DecipherAg Services in relation to the Owner’s Account pursuant to this clause 8.5 then DecipherAg will refund (on a pro-rated basis) the pre-paid DecipherAg Subscription Fee for the period following termination for which the DecipherAg Subscription Fee relates, and will refund any usage-based fees (in addition to Subscription Fees) for DecipherAg Services to the extent that those DecipherAg Services have not been used. Refunds will be made to the party that purchased the DecipherAg Subscription Fee or DecipherAg Service.

8.6 To the maximum extent permitted by law, and subject to clause 11, DecipherAg is not liable to You for any liability, loss, cost, expense or damage You may suffer arising out of, or in connection with, the suspension, termination or cancellation of Your access to the DecipherAg Services, except to the extent that Your access to the DecipherAg Services is suspended, terminated or cancelled due to DecipherAg’s wilful or fraudulent misconduct.

9. Warranties and Acknowledgements

(a) Without limiting the provisions of clause 11, to the maximum extent permitted by

law, including the Australian Consumer Law:

(i) DecipherAg (including its directors, affiliates, officers, employees, agents,

contractors, successors and assigns) makes no warranties about the

accuracy, reliability or completeness of any information contained in or

produced by DecipherAg and, to the extent permitted by law, we do not

accept any responsibility arising in any way from errors or omissions.

(ii) You agree that we will not be liable to You for any liability, loss, cost,

expense or damage suffered by You resulting from any reliance by You on

the material available on or through DecipherAg Services, nor for any

interruption to, unavailability of, or delay in operation of DecipherAg

Services or for any virus, communications failure, Internet access

difficulties, or malfunction in equipment or software

(iii) We reserve the right to restrict, suspend or terminate without notice Your

access to DecipherAg Services, or any DecipherAg Content, or any feature

of DecipherAg Services at any time without notice and we will not be

responsible for any loss, cost, damage or liability that may arise as a result.

(b) You agree to use DecipherAg Services in accordance with the DecipherAg

Terms of Use.

10. Support Centre

10.1 Technical Problems: In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting DecipherAg. If You still need technical help, please check the support provided online by DecipherAg on the Website or failing that email us at support@decipher.com.au. For the sake of clarity technical problems do not include instruction or support on how to use DecipherAg Services and do not include DecipherAg using the DecipherAg Services for or on behalf of the User.

10.2 Service availability: Whilst it is DecipherAg’s intention that the DecipherAg Services should be available 24 hours a day, seven days a week, it is possible that on occasions the DecipherAg Services or Website may be unavailable to permit maintenance or other development activity to take place.

If for any reason DecipherAg has to interrupt the DecipherAg Services for longer periods than DecipherAg would normally expect, DecipherAg will use reasonable endeavours to publish in advance details of such activity on the Website.

10.3 You agree that DecipherAg has no obligation to provide personalised (by a human) help, instructions or support to Users of an Account in relation to which a DecipherAg Subscription Fee is not paid or payable, although Decipher may (in its complete discretion) provide some support via web-based chat.

11. Liability

(a) To the maximum extent permitted by law, including the Australian Consumer

Law, You:

(i) agree that in no event shall our third party suppliers who contribute goods

and services embedded in the DecipherAg Services including without

limitation Google and IBM (“Third Party Suppliers”)) be liable for any direct

or indirect loss, damage or expense – irrespective of the manner in which

it occurs (including their negligence) – which may be suffered due to Your

use of DecipherAg Services and/or the information or materials contained

in it, or as a result of the inaccessibility of DecipherAg Services and/or the

fact that certain information or materials contained on it are incorrect,

incomplete or not up-to-date.

(ii) irrevocably release the Third Party Suppliers in relation to any claims,

damages, judgments, losses, remedies or other matters whether in

contract, negligence, tort, under statute, or otherwise, in connection with

the use of DecipherAg Services or any purported reliance on DecipherAg

Services by You.

(b) If a guarantee, condition, term or warranty is implied in these DecipherAg Terms

of Use by law (including without limitation the Competition and Consumer Act

2010 (Cth)) and the law prohibits provisions which exclude or modify the

application of the guarantee, condition, term or warranty then, if DecipherAg

and/or the Third Party Suppliers is liable to You arising out of or in connection

with a breach of such a warranty, guarantee, term or condition, where it is fair

and reasonable to do so, DecipherAg’s liability to you for any liability, loss, cost,

expense or damage suffered by you arising out of or in connection with such

breach is, to the extent permitted by law, limited (at DecipherAg’s discretion):

(i) where the breach relates to goods supplied by or for DecipherAg, to

DecipherAg:

(1) replacing the goods or supplying equivalent goods;

(2) repairing the goods;

(3) paying the cost of replacing the goods or of acquiring equivalent

goods; or

(4) paying the cost of having the goods repaired

(ii) where the breach relates to services provided by or for DecipherAg, to

DecipherAg:

(1) resupplying the services;

(2) having the services resupplied; or

(3) paying the cost of having the services resupplied.

(c) You agree that, subject to clause 11(b), to the maximum extent permitted by law

(and without limiting clause 11(a))our liability to You for liability, loss, cost,

expense or damage suffered by you in connection with the DecipherAg

Services is limited to the amount paid by you for the DecipherAg Services.

(d) Subject to clause 11(b) and 11(d), in no event will You or DecipherAg be liable to

the other for any indirect or consequential loss, damage or expense (whether

foreseeable or unforeseeable), even if such party has been advised of the

possibility of such loss, damages or expense arising out of:

(1) the performance or non-performance of the DecipherAg Services or any

obligation under these DecipherAg Terms of Use; or

(2) any claim, cause of action, breach of contract or any express or implied

warranty or condition under these DecipherAg Terms of Use;

(3) negligence or other tort.

12. Purchases and Goods & Services Tax

DecipherAg may, from time to time, charge fees for Content (as defined below) or other functionality, features or services made available through DecipherAg Services. Unless stated to be otherwise:

(a) charges for any goods or services supplied (or offered for supply) via

DecipherAg are stated exclusive of GST. DecipherAg will charge GST (to

persons liable to pay GST) in addition to the charges at the time that

DecipherAg levies the charges;

(b) You must pay for the relevant Content or functionality, features or services prior

to us making the Content, functionality, features or services available to You, or

must pay for it in accordance with the payment terms notified to You.

Without limiting the foregoing, the paid DecipherAg Services functionality is made available to Users on a subscription payment basis and following payment of DecipherAg Subscription Fee, in accordance with the Subscription Fee Schedule. Unless otherwise determined by DecipherAg, paid DecipherAg Services subscriptions are term-based subscriptions and, upon expiration of the relevant term, a further DecipherAg Subscription Fee will be payable by the relevant User for continued access to paid subscription DecipherAg Services for a further term.

13. Usage and Intellectual Property Rights

Title to, and all Intellectual Property Rights (including the various rights and property conferred under statute, common law, and equity in relation to patents, inventions, designs, copyrights, trademarks, trade names, business names, corporate names, logos, get up, know-how, trade secrets and confidential information, and the right to have trade secrets and confidential information kept confidential) in the DecipherAg Services, the Website and any documentation relating to the DecipherAg Services remain the property of DecipherAg (or its licensors).

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in DecipherAg and in all of the material (including all text, graphics, logos, audio and software) made available through DecipherAg Services (“Content”).

Your use of the DecipherAg Services and use of and access to any Content does not grant or transfer any rights, title or interest to You in relation to DecipherAg or the Content. However we do grant You a licence to access DecipherAg Services and view or create Content on the terms and conditions set out in these DecipherAg Terms of Use and, where applicable, as expressly authorised by us and/or our third party licensors.

Without limiting the other provisions please note that intellectual property in the Google maps content made available through DecipherAg, is owned by Google and is subject to additional requirements set out in clause 16.

DecipherAg Services are for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services available through DecipherAg.

Title to, and all Intellectual Property Rights in, the data created by You and submitted by You to DecipherAg through the Website remains Your property. However, Your access to Your data through the Website is contingent on full payment of the DecipherAg Subscription Fee when due and your compliance with these DecipherAg Terms of Use. Access to Your raw data must be requested in writing to support@decipher.com.au. DecipherAg will endeavour to respond to request within one week.

If You upload or otherwise disclose or make available any data or material to us through DecipherAg Services You:

(a) grant Us an irrevocable, non-exclusive, worldwide, royalty-free, perpetual

licence to use, reproduce, edit, adapt, transmit, store, back-up, communicate

and exploit the data or material in any form and for any purpose including but

not limited to the purpose of providing the DecipherAg Services to You;

(b) warrant that You have the right to grant the licence granted in paragraph (a);

(c) warrant that the material does not breach the DecipherAg Terms of Use or

infringe any third party intellectual property rights.

DecipherAg recommends that you maintain copies of all data that you input into the DecipherAg Services or the Website. Whilst DecipherAg makes all reasonable endeavours to prevent data loss, DecipherAg does not make any warranty or guarantee that there will be no loss of data. To the extent permitted by law, DecipherAg expressly excludes liability for any loss of data no matter how caused.

14. Unacceptable Activity

You must not do any act in relation to the use of the Website, DecipherAg’s applications or the DecipherAg Services that DecipherAg would deem to be inappropriate, or that is unlawful or is prohibited by any laws applicable to DecipherAg, including but not limited to:

(a) any act that would constitute a breach of either the privacy (including uploading

private or personal information without an individual’s consent) or any other of
the legal rights of individuals;

(b) uploading files that contain viruses, or in any other way introduce or permit the

introduction of any virus, that may cause damage to our property or the

property of other individuals;

(c) attempting to undermine the security or integrity of DecipherAg’s computing

systems or networks or, where the DecipherAg Services are hosted by a third

party, that third party’s computing systems and networks;

(d) using, or misusing, the DecipherAg Services in any way which may impair the

functionality of the DecipherAg Services or Website, or other systems used to

deliver the DecipherAg Services or impair the ability of any other User to use

the DecipherAg Services or Website;

(e) attempting to gain unauthorised access to any materials other than those to

which You have been given express permission to access or to the information

technology system on which the DecipherAg Services are hosted;

(f) transmitting, or inputting into the Website and DecipherAg Services, any files

that may damage any other person’s computing devices or software, any

content that may be offensive, or material or data in violation of any law

(including data or other material protected by copyright or trade secrets which

You do not have the right to use);

(g) reselling any of the Content or DecipherAg Services made available by

DecipherAg through the website;

(h) use any device or process to copy, adapt, disassemble, decompile, reverse

engineer or in any way reproduce, modify or circumvent the navigational

structure, security or presentation of DecipherAg or any computer programs

used to deliver the DecipherAg Services or to operate the Website;

(i) unauthorised extraction of imagery including through inspection of browser

history files, web page elements, screen shots, or any other download not

provided through an explicitly identified download/report function in the

application;

(j) allowing other people to access User account or Your DecipherAg licence or

disclosing Your password and login details to any third party.

Without limiting any other provision of these DecipherAg Terms of Use, You must only use the DecipherAg Services and Website for Your own lawful internal business purposes, in accordance with these DecipherAg Terms of Use. You may use the DecipherAg Services on behalf of others as an Invited User but if You do so you must ensure that You are authorised to do so, and that you do in accordance with these DecipherAg Terms of Use.

15. Linked sites

The Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

16. Third Party Terms and Conditions

16.1 Google Services

You agree that You, and Your use of DecipherAg Services and any Content produced through DecipherAg Services incorporating any Google Earth images or Google Maps, shall comply with Google’s:

(a) terms and conditions of use set out at

http://maps.google.com/help/terms_maps.html (or any replacement webpage)

as amended from time to time;

(b) legal notices set out at (http://maps.google.com/help/legalnotices_maps.html)

(or any replacement webpage) as amended from time to time;

(c) Acceptable Use Policy set out at

(http://google.com/enterprise/earthmaps/legal/universal_aup.html) (or any

replacement webpage) as amended from time to time;

(d) Google Earth Engine Terms of Service set out at

(https://earthengine.google.com/terms/);

(e) Google Earth Engine Acceptable Use Policy set out at

(https://earthengine.google.com/terms/aup/)

and any addendum referred to in, or incorporated by reference into, the documents referred to clauses 16.1(a) to 16.1(e) (inclusive) above (together referred to as “the Google Terms”).

16.2 IBM Terms

From time to time DecipherAg will incorporate products and services provided by IBM as part of the DecipherAg Services (such as IBM Weather). You agree that in Your use of DecipherAg Services (and any Content produced through DecipherAg Services) incorporating any IBM products and services You are not authorized to use the IBM Product separately from the DecipherAg Services.

16.3 General

If You enable third-party applications for use in conjunction with the DecipherAg Services, You acknowledge that DecipherAg may allow the providers of those third-party applications to access Content and Your data as required for the interoperation of such third-party applications with the DecipherAg Services. To the extent permitted by law, DecipherAg shall not be responsible for any disclosure, modification or deletion of Content and Your data resulting from any such access by third-party application providers.

17. Indemnity

To the extent permitted by law, You agree to fully indemnify us, and hold us harmless, against any liability, expenses, costs, loss (including consequential loss) or damage suffered by us or You arising out of, or in connection with:

(a) any breach by You of the DecipherAg Terms of Use, Google Terms or IBM

Terms, and

(b) any unauthorised access to DecipherAg Services through an Account to which

You are authorised to access under these DecipherAg Terms of Use,

except to the extent that such liability, loss, cost, expense or damage is the

result of our negligent act or omission.

18. Jurisdiction and governing law

The DecipherAg Terms of Use, and Your use of DecipherAg Services, are governed by the law of Western Australia and You submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Western Australia in relation to any dispute relating to the DecipherAg Terms of Use or arising out of or in connection with the provision of the DecipherAg Services.

19. Variations

We may amend all or part of the DecipherAg Terms of Use at any time by posting the amended DecipherAg Terms of Use on any of our websites and notifying you, either by email or through a notice on any of our websites, that a change has been made. Your subsequent or continued use of DecipherAg Services after any such change will mean that you agree to the amended DecipherAg Terms of Use. If You do not agree to an amendment, You may terminate Your use of DecipherAg Services by notifying us by email at support@decipher.com.au . These DecipherAg Terms of Use were last updated in August 2020.

20. Waiver

The failure or delay on the part of any party in exercising any power or right conferred on it under these DecipherAg Terms of Use will not operate as a waiver of the power or right, nor will any single exercise of any power or right preclude any other or future exercise of it, or the exercise of any other power or right under these DecipherAg Terms of Use. Any waiver by a party will only be binding and effective if it is given in writing.

21. Severance

If the whole or any part of a provision of the DecipherAg Terms of Use is invalid, illegal or unenforceable, then such provision will be severed from the DecipherAg Terms of Use and neither that part or provision or its severance will affect the validity or enforceability of the remaining parts or provisions of the DecipherAg Terms of Use.

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