CSIRO Terms and Conditions
This agreement sets out the terms and conditions that apply to your use of this site and the order and purchase of goods through this site.
The terms of this agreement are legally binding. Your acceptance of all of these terms and conditions is indicated by you clicking the “I Agree” box.
Rural Integrated Engineering Pty Ltd RSA Business Number 2001/027770/07 (“RIEng”) has been granted rights to distribute the goods purchased through this site by the Commonwealth Scientific and Industrial Research Organisation ABN 41 687 119 230 (“CSIRO”).
1. Agreement to purchase
Any order placed through this site for goods is an offer by you to RIEng to purchase the particular goods for the price notified at the time you place the order (which unless otherwise indicated does not include taxes), on the terms and conditions set out in this agreement. In addition to the price, you must pay to RIEng all costs incurred in arranging for delivery or collection of the goods and an amount equal to the total of all taxes (including applicable taxes) payable in relation to the sale of the goods.
Each order which RIEng accepts results in a separate binding agreement between you and RIEng for the supply to you of the particular goods ordered in accordance with the terms and conditions of this agreement. If RIEng rejects an order (e.g. where the requested goods are not available), RIEng will notify you of that rejection and refund any price already paid by you for the requested goods as soon as practicable. No goods will be dispatched until all funds have been received in full.
2. Use of goods
RIEng is providing the goods for the purposes of use by you in your own business or operations, which for the avoidance of any doubt does not include commercial distribution, and obtaining your feedback on the performance and useability of the goods in accordance with clause 3 (“Purpose”). If you provide the goods to any other party for the purpose of your own business or operations, then you must first ensure that the party is subject to terms similar to and as onerous as those contained in this agreement. The acts or omissions of any party to whom you provide the goods are considered for the purposes of this agreement to be your acts or omissions.
You may modify or improve the goods strictly as necessary for the Purpose. You must promptly disclose to RIEng and CSIRO all information relating to those modifications or improvements. To the extent there is any IP in such modifications or improvements, you assign such IP to CSIRO immediately upon creation.
CSIRO retains full ownership of all IP in the goods. You do not have the right to develop or manufacture any products based on the goods or any IP embodied in the goods. If you wish to obtain any further rights to make use of the goods or to the IP in the goods you must negotiate a separate agreement with CSIRO.
You must not (i) reverse engineer or disassemble the goods; (ii) use the goods to develop copycat or functionally equivalent technology or derivative technologies based on the IP embodied in the goods; or (iii) make the goods available to a third party for such unauthorised purposes.
RIEng will provide you with copies of any instructions and manuals in its possession regarding the use of the goods. You may only use such information for the Purpose.
You indemnify and release RIEng and CSIRO and its directors, officers, employees, contractors and agents (each, an indemnified person) against all loss, damage, liability, costs or expenses suffered or incurred by the indemnified person arising from any breach by you of these terms or use of the goods by you or any third party who obtains the goods from or through you (except to the extent caused by the gross negligence of RIEng or CSIRO).
3. Feedback and Evaluation
It is a condition of purchase that data be sent to the Virtual Irrigation Academy (VIA) website https://via.farm/ which is owned and managed by CSIRO. The terms and conditions that apply to the use of the VIA website can be found at (https://via.farm/conditions-of-use/)
After purchasing goods you will be given a logon and password and a farm, which is a space to view your data on the VIA website. You have the option to make your farm private (can be accessed only through your password or the VIA management team) or public (can be viewed by anyone who visits the VIA site).
For research projects, CSIRO through the VIA grants you the rights to publish your data after obtaining permission from the VIA team. The VIA team will not publish any sensor array level data without the permission of the owner of the farm. However the VIA retains the rights to use data aggregated to irrigation scheme level, aggregated across the same crop over many schemes, or aggregated to country level.
If requested by RIEng and/or CSIRO, you will provide RIEng and/or CSIRO with additional written feedback on the performance and usability of the goods, any errors or difficulties encountered, and any suggested improvements. RIEng and/or CSIRO may use such reports for any purpose, including for the purposes of modifying or improving the goods or any technology incorporating the goods. Unless otherwise agreed by you, RIEng and/or CSIRO will treat such reports as confidential.
4. Goods sold “as is”
THIS AGREEMENT DOES NOT EXCLUDE OR LIMIT ANY GUARANTEE, CONDITION, WARRANTY, RIGHT OR LIABILITY IMPLIED INTO IT BY LAW (INCLUDING THE COMPETITION AND CONSUMER ACT 2010) THE EXCLUSION OF WHICH WOULD CONTRAVENE THE LAW OR CAUSE THIS AGREEMENT TO BE VOID (“NON-EXCLUDABLE CONSUMER WARRANTIES”). THE GOODS ARE STILL A PROTOTYPE, EXPERIMENTAL OR UNTESTED, WHICH MEANS THEY MAY HAVE INHERENT DEFECTS OR DEFICIENCIES. THE GOODS MAY NEED SUBSTANTIAL MODIFICATION BEFORE THEY ARE MADE AVAILABLE AS A COMMERCIAL PRODUCT. RIENG PROVIDES THE GOODS ON AN “AS IS” BASIS AND ANY USE OF THE GOODS IS AT YOUR RISK. RIENG GIVES NO EXPRESS WARRANTY THAT: (I) THE GOODS FUNCTION IN ANY ENVIRONMENT; (II) THE GOODS ARE ERROR FREE, OPERATE WITHOUT INTERRUPTIONS OR DOWNTIMES OR WILL RESULT IN ANY OUTCOMES; OR (III) YOUR USE WILL NOT INFRINGE THE IP OF ANY THIRD PARTY. RIENG’S LIABILITY TO YOU FOR BREACH OF ANY TERM OF THIS AGREEMENT OR ANY NON-EXCLUDABLE CONSUMER WARRANTIES IS LIMITED, AT RIENG’S OPTION, TO EITHER REPAIRING OR REPLACING THE GOODS OR REFUNDING THE PRICE PAID BY YOU FOR THE GOODS.
RIENG WILL NOT BE LIABLE TO YOU FOR ANY LOSS OF DATA, INFORMATION, REVENUE, PROFIT OR BUSINESS OPPORTUNITY OR FOR ANY DAMAGE TO GOODWILL OR REPUTATION WHICH IS SUFFERED BY YOU IN ANYWAY ARISING FROM YOUR USE OF THE GOODS.
5. No use of CSIRO name
You must not use the name, any trademark or logo of RIEng and/or CSIRO to claim any endorsement, approval or association with RIEng and/or CSIRO by virtue of this agreement or your use of the goods, unless you have express written permission from RIEng or CSIRO whichever is applicable.
6. Use of Data and Privacy
Any information that RIEng and/or CSIRO collects through your use of this site or the goods is subject to CSIRO’s privacy policies and procedures, published at http://www.csiro.au/en/About/Access-to-information/Privacy (which are incorporated by reference into this agreement).
When visiting this site, a record of your visit is logged. By accessing this site and using the goods, you will also be required to submit other information, including personal information as defined in the Privacy Act 1988 (Cth), to RIEng and/or CSIRO over the Internet.
You permit RIEng and/or CSIRO to disclose to any person the fact that the sale of the goods to you has occurred.
RIEng and CSIRO are required to treat your personal information in accordance with the Privacy Act 1988 (Cth). Any personal information RIEng and/or CSIRO collects may be used for the purpose that you provide it for, and RIEng and/or CSIRO may also use it as required for processing any enquiries, and providing you with further information, including in relation to RIEng and/or CSIRO’s products or services. De-identified information may be used by RIEng and/or CSIRO and its collaborators for the purpose of further research and development of the site and the goods. As part of the operation of the site, other third party service providers may also have access to the information that RIEng and/or CSIRO has collected.
For any dispute arising out of or in connection with this agreement, you agree to first negotiate in good faith with RIEng to resolve it. If the dispute is not resolved by those negotiations within 60 days, either party may submit the dispute to mediation in accordance with and subject to the Institute of Arbitrators and Mediators Australia Mediation Rules. The mediation must take place in Sydney, Australia and be administered by the Institute of Arbitrators and Mediators Australia. This clause does not prevent either party from seeking urgent injunctive or similar interim relief from a court.
CSIRO may immediately suspend, terminate or limit your access to and use of the website https://via.farm/ if you breach these terms and conditions or the terms and conditions that apply to the use of the VIA website (https://via.farm/conditions-of-use/)
This agreement records our entire agreement and supersedes all earlier agreements and representations that may have been made by RIEng about the goods. The terms of this agreement override any contrary terms contained in any invoice, purchase order or other documentation issued by you to RIEng for the goods.
All international conventions that might import contractual terms into this agreement (including the United Nations Convention on Contracts for the International Sale of Goods) are excluded.
Any provision of this agreement which is prohibited or unenforceable in a jurisdiction will be severed to the extent necessary to make this agreement valid and enforceable. The severance of a provision will not invalidate the remaining provisions of this agreement nor affect the validity or enforceability of that provision in any other jurisdiction.
This agreement is governed by and construed in accordance with the laws of New South Wales, Australia and you agree to submit to the exclusive jurisdiction of the courts in that State.