Acceptance of Terms

The Water To Grow farm water management application (including any updates, new versions or new releases), data feeds and alerts (collectively, the App) is operated and administered by Farm Water Management Limited (we, us or our). We may also provide services to be used in conjunction with the App (Services).  

These terms and conditions (Terms) apply to your use, and provision of, the App and our Services. Where we refer to you, your or User in these Terms, we mean any individual that is registered to use the App. Reference to a device means any computer, laptop, tablet, mobile device, or other internet connected device that you use to access the App.

By downloading and/or using the App, you agree that you (and anyone else using the App on your device) will comply with these Terms and our Privacy Policy located on our Website: www.watertogrow.com.

If we change these Terms we will notify you of those changes on the App. If you continue to use the App after we have notified you, you will be deemed to have accepted any change to these Terms. If you do not accept any changes to these Terms, please uninstall and stop using the App.

 

Availability and Use of the App

The App and our Services are only available to Water To Grow customers who are registered as Users and have paid the relevant User Subscription Fee. Anyone who is not a User is not entitled to the Services or to use or access the App. By registering, you represent that you are able to form a legally binding contract. You also represent that the information you provide in the App registration process for use of the App is true and complete, and that you agree to update such information when it changes.

You are required to pay the User Subscription Fee that we notify you of in order to access the App. If you do not pay this fee or your payment is not received by us we may suspend, withdraw or cancel your access. This can include deletion of data related to your App account or related accounts.

You are solely responsible for safeguarding and maintaining the confidentiality of your account information, including your username and password, and are responsible for all activities that occur under your account, whether or not you have authorised such activities. We may block access to password protected areas of the App without prior notice if we believe that any unauthorised access to your personal information has occurred or is likely to occur.

We may suspend, modify or withdraw our Services and /or the operation of the App, and any functionality at any time, at our sole discretion and for any reason, including if any threat is posed to any system or part of any system, or for the purposes of carrying out routine periodic maintenance and administration work. Where reasonably possible, we will give you advance notice of any such addition, modification or suspension.

The App stores and processes personal data and your farm’s water use information so that you can access information regarding the state of your farm water. If accessing your data via mobile phone, we recommend that you do not “jailbreak” or root your mobile phone (i.e. remove software restrictions and limitations imposed by the official operating system of your device). If you do so, the App may not work properly.

You may authorise additional users to access data regarding your farm. These users may include:

• People you authorise to have a login to the App and to receive data about your farm (Other App Users); and/or
• Service providers that you authorise to monitor data from your farm using the App (Farm Service Providers).

In each case, you are required to give us authority to share your data with Other App Users or Farm Service Providers that you specify (including any of their respective staff, employees or authorised agents). By providing us with such authority you agree that we may share data with such additional users that you have specified. All additional users are also bound by these Terms and are required to agree with the Terms. You may revoke such authorisation at any time.

If you have any contract or service agreement with any Other App Users or Farm Service Providers, you agree that we have no obligation to you in the delivery of any services specified under those contracts or agreements.

Description of Services and Charges

A description of our App, any Services, the User Subscription Fee and Payment Terms have been emailed to you, and are incorporated by reference into these Terms. If you fail to pay our User Subscription Fee in accordance with our Payment Terms, we may block or restrict your access to the App and our Services. The operation of our App relies on receiving signals from a Water To Grow Monitoring Device installed on your farm (Monitoring Device). Your Monitoring Device has been sold to you for either you or a third-party to install. You should refer to the Warranty provided with your Monitoring Device (Device Warranty) for a description of your rights as a purchaser and user of the Monitoring Device.

You will need an internet connection to download and continue to use the Water To Grow

App. You are responsible for arranging this connection and for all associated charges from your internet or mobile network provider(s). Water To Grow has no responsibility or obligation if the required internet connection fails or is unavailable at your location.

 

Upgrades and Maintenance

We are committed to ensuring that our Services and the App are as useful and efficient as possible. For that reason, we reserve the right to make changes to our Services and the App at any time and for any reason. To improve and maintain the App, from time to time, we may request that you install updates and upgrades. Unless we specify otherwise, these Terms, and the licence granted under these Terms, will apply to any updates and upgrades to the App or our Services.

The App can currently be accessed from any computer, laptop or tablet web browsers, and Android and Apple iOS devices. The system requirements for these systems may change over time, and at that time, you may need to update to the latest version of that operating system. We do not promise to always update the App to the iOS/Android version that you have installed on your device. If your system configuration is unable to operate the App we may not be able to assist you .

 

Licence for Use

We grant you a limited, non-transferable licence to use the App on device(s) that you own or control, subject to these Terms. If your device is an iOS or Android device then Usage Rules will also apply as set out Terms of Service in the Apple App Store and/or Google Play Store. You are responsible for the use of the App on your device, including any use by another person.

 

Intellectual Property

All intellectual property rights in and to the App and our Services, including copyright, belong to us and/or our licensors. Except as expressly set out in these Terms, you do not have any intellectual property rights in or to the App or our Services, or in any improvements or variations that may be made to any App or our Services.

Nothing contained in these Terms or otherwise contained within our Website, or the App, should be construed as granting, by implication or otherwise, any right to use any trademark appearing within the App or without our written permission or such other applicable party. The information, images, achievements, screens, web pages, logos, icons, videos, screen displays, brands and the general content of the App are the property of us or our licensors, who hold copyright in it. The information may not be copied or reused (other than as expressly intended by the App) without our prior written consent. In no circumstances should the Water To Grow brand or the Water To Grow logo be used without our prior written consent.

We, and not your operating system provider, are responsible for the content of the App. If your use of the App is challenged as a result of a claim relating to an infringement of third party intellectual property rights, you must immediately notify us and allow us to defend and settle any such claim on your behalf. We may, at our sole discretion, modify or replace the App to the extent necessary to avoid or minimise this challenge. You acknowledge that your operating system provider will not be responsible for any such claim.

 

Restrictions on Use

Except as may be expressly permitted by these Terms, you must not, directly or indirectly: (a) violate any law, statute, ordinance, or regulation; (b) provide false, inaccurate or misleading information; (c) modify, reverse engineer, decompile, disassemble, attempt to derive the source code of, modify, re-post to other websites, frame, deep link to, change, create derivative works based upon the App or any software or programming related to it; (d) use any device, software, methodology, or routine to interfere with the proper working of the App or servers or networks connected to the App; (e) access data of which you are not an intended recipient or log into a server or account on a network related to the App that you are not expressly authorised to access; (f) harvest or collect information about other users of the App without their proper authorisation; (g) engage in any activity that interferes with any third party's ability to use or enjoy the App; (h) use the App for any anti-competitive advantage; any illegal, defamatory or objectionable purpose; or any purpose which brings or could bring our reputation into disrepute; (i) distribute, licence, sub-licence or transfer in any form the App, or (j) circumvent any of our policies or determinations about your account such as temporary or indefinite suspensions or other account limitations or restrictions, including by attempting to create new or additional User accounts when an account has been restricted, terminated, suspended or otherwise limited.

Use of the App is subject to existing laws and legal process, and nothing contained in these Terms shall limit our right or obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the App or information provided to or gathered by us with respect to such use.

 

Limitations of our Services

The App and our Services might be interrupted or not work due to a number of reasons, including, but not limited to: (a) inadequate or improper installation, maintenance, or positioning of a Monitoring Device; (b) Monitoring Device limitations; (c) battery performance; (d) wireless signal interruption or unavailability; (e) the Monitoring Device is  being used in conjunction with systems, hardware and/or networks not manufactured or provided by us; and (f) the App requires an active internet connection, so its use requires you to maintain either mobile data or WI-FI access to the App. Additionally, where our App and Services are limited to monitoring and notification, they are, therefore, reliant on you taking action in response to a notification. Water To Grow may make use of third party wireless network operators to connect your Water To Grow device to our systems in order to operate a service for you. Such wireless services may be unavailable, fail or cease operation for reasons out of our control. You acknowledge that such limitations may occur and that neither Water To Grow nor any wireless network that we may use has an obligation to you under these Terms.

 

Limitations of Liability

For the reasons described above, we do not guarantee the continued availability of the App or the continuation of the Services. Access to the App and our Services, and to any saved information, may be interrupted, restricted, delayed or unavailable from time to time. We accept no responsibility or liability in relation to any loss suffered in these circumstances.

We provide the App on an “as is” and “as available” basis and, except as required by law, we do not make any warranty (either express or implied) about the App, including any warranty as to the App’s fitness for a particular purpose, and/or that the App will be uninterrupted or error-free.

You acknowledge that your operating system provider has no warranty obligations under these Terms, and that your operating system provider is not responsible for any claims made by you or any third party relating to the App, including product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, or any claim arising under consumer protection legislation.

You also acknowledge that we have no warranty obligations under these Terms in relation to your Monitoring Device, and that we are not responsible for any claims made by you or any third party relating to the Monitoring Device, including product liability claims, any claim that the Monitoring Device fails to conform to any applicable legal or regulatory requirement, or any claim arising under consumer protection legislation.

You agree that we have no liability (in contract, equity or tort, including negligence) to you or any other person in relation to these Terms, our Services or the App, except to the extent of direct damage or loss to you caused by a breach of these Terms by us (in which case our liability shall be limited to the amount of the User Subscription Fee paid by you in the 12 months immediately preceding the breach). In no event will we be liable to you or any other person for any loss or damage, which is indirect or consequential or incidental (including, without limitation, any damages for lost profits).

 

Termination

You may stop using the App at any time and terminate our Services under these Terms simply by uninstalling the App from your device, and sending us prior written notice to our Customer Support email address support@watertogrow.com. If you fail to comply with these Terms or any other applicable terms and conditions, we may block or restrict your access to the App. If we block your access, the licence granted to you under these Terms will immediately terminate.

 

Dispute Resolution

Unless otherwise stated, the content of the App, our Services and these Terms have been prepared in accordance with New Zealand law for the supply of services to persons resident in New Zealand only. The content of the App, and these Terms are governed by and construed in accordance with New Zealand law and New Zealand Courts have jurisdiction.

If your device uses Apple’s operating system, you agree and acknowledge that Apple, and Apple’s subsidiaries are third party beneficiaries of these Terms, and that Apple will have the right (and is deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary. iPhone, iPad, Apple, Apple Watch and App Store are trademarks of Apple Inc. and may be registered in the US and other countries. Android is a trademark of Google Inc, use of which is subject to Google Permissions.

 

Support and Complaints

While we make every effort to get things right, problems may sometimes occur. We have in place a complaints procedure that is intended to resolve any problem quickly and fairly. In order to avoid delay in solving a problem to your satisfaction, you may contact Water To Grow directly via support@watertogrow.com.