Terms of Use
In these terms and conditions (Terms of Use), “we” “us” and “our” refers to Maia Technology Pty Ltd. Your access to and use of our Services is provided subject to the following Terms of Use, whether under a free trial or paid subscription.
We reserve the right to amend these Terms of Use at any time to take account of new laws, regulations, products or technology and your use of the Services following any amendments will represent your agreement to be bound by these terms and conditions as amended. Your use of the Services will be governed by the most recent Terms of Use. It is your responsibility to check our website regularly for updated versions of the Terms of Use.
Definitions
Aggregated Data – all data that is compiled, aggregated or generated by the Services, excluding Your Data, but including the use and aggregation of Your Data in such a manner that does not identify you.
Company – the organisation for which data is to be managed by the Services. There may be multiple Users associated with the Company.
Primary User – an individual who signs up their Company for the Services, as described herein, and has directly or indirectly the authority to pay for the Services.
Secondary User – an additional individual, other than the registered Primary User, who signs up for and uses the Services; enjoying all the same features and benefits of the Services as the Primary User. Secondary Users may be added under the Company by the Primary User.
Services – the “Maia Technology Grazing Management” software, website, information management tools, and any other services provided to Users by us under this agreement, including any modifications or improvements.
User – either a Primary User or a Secondary User.
Your Data – data that is specifically identifiable to you, including information that was entered by your Primary and Secondary Users using the Services.
Registered Users
1. By executing an order form that references this agreement, or clicking the “Agree” button when first accessing the Services, you are agreeing to these Terms of Use.
2. As part of your subscription to the Services, you will be provided with a password and a unique username for each User. The Primary User is responsible for the Company account, and Secondary Users are Users of the account.
3. You are solely responsible for the confidentiality and use of your username and password. You agree that you will be solely responsible for any activities or actions taken under your username and password, whether or not you have authorised such activities or actions. If you become aware of any unauthorised use of your username and password, you agree to notify us immediately through our designated support email address available on the webpage.
4. We reserve the right to terminate your subscription at any time if you, or other Users of your Company, breach these terms and conditions.
Service Descriptions
5. Our Services are provided to the Primary User and registered Secondary Users.
6. We strive to ensure that our Service offerings are described as accurately as possible on our website; however we do not warrant that the description is accurate. Where we become aware of any incorrect description, we reserve the right to correct any error or omission.
Services
7. Subject to the terms of this agreement, we grant to you a limited license to access and use the Services for your internal use.
8. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, modify, reproduce, republish, distribute or display any portion of the Services except where expressly permitted in these Terms of Use.
9. The licence to access and use the Services does not include the right to use any data mining robots or other extraction tools. You may not disassemble, decompile, or reverse engineer the Services or Aggregated Data.
10. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
11. We reserve the right to temporarily suspend your access and use of the Services for any reason, including planned downtime for upgrades and maintenance, unavailability of the platform due to circumstances beyond our reasonable control, or if we suspect malicious use of the Service.
Hyperlinks
12. The Services may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink from our Services to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
Intellectual Property Rights
13. You own Your Data. You grant to us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence (including a right to sub-licence) to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content of Your Data, provided that the derived data does not directly identify, or could reasonably be used to identify you.
14. The copyright to all website content on our Services including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
15. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on our Services are either owned by us or we have a licence to use them. Your access to our Services does not license you to use those marks in any commercial way without our prior written permission.
16. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through using the Services becomes our property. If in future we use your Comments in promoting the Services or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
17. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
18. The Services, Aggregated Data, and all derivative works, including all intellectual property rights in or relating to these, are and shall remain Our property.
Disclaimers
19. Whilst we have taken all due care in providing the Services, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
20. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
21. We also take all due care in ensuring that our Services are free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of the Services.
22. Any data, recommendations, opinions and findings provided to you are based on the assumptions and qualifications as communicated in providing the Services. If any assumptions provided to you are incorrect or change, then the data, recommendations, opinions and findings may change.
23. Any data, recommendations, opinion or findings provided to you may not always be correct or accurate and may contain errors. Your use of the data, recommendations, opinions and findings are at your own risk and we disclaim any liability or responsibility that may arise from your use of such data, recommendations, opinions and findings.
24. You may not rely upon any data, recommendations, opinions or findings without the express written agreement from us. To the extent permitted by law, we disclaim any liability for any loss or damage resulting from unauthorised reliance by you or any third party.
25. The data, recommendations, opinions and findings are dependent in part on the information and data provided or made available to us by you. While we have exercised care and diligence we have not, save as specifically stated, independently verified the accuracy, completeness and currency of the information and data provided by you or any third parties. To the extent permitted by law, we disclaim any liability for any loss or damage resulting from errors, omissions or misrepresentations made by others.
26. The data, recommendations, opinions or findings are based on circumstances and facts as they existed at the time the Services were provided or at the time as specified in the Services. Any changes in such circumstances and facts upon which this is based may affect any recommendations, opinions or findings made by us.
Limitations of Liability
27. We accept no liability for any direct or indirect loss whatsoever including consequential or incidental loss or damage suffered by you arising from the Services we have supplied. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again.
28. We do not accept liability for anything contained in the interaction posts between Users of the Services or in any form of communication which originates with a User and not with us. We do not participate in any way in the transactions between our Users.
Indemnity
29. By accessing our Services, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of the Services.
Force Majeure
30. If a Force Majeure event causing delay continues for more than 30 days, we may terminate this Agreement by giving at least 7 days’ notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
Jurisdiction
31. These terms and conditions are to be governed by and construed in accordance with the laws of NSW Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in NSW and you agree to submit to the jurisdiction of those Courts.
32. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Privacy and Confidentiality
33. We will take commercially reasonable steps to protect the security, confidentiality and integrity of Your Data when using the Services, but Information you transmit to us is entirely at your own risk. We do not warrant and cannot ensure the security of any information which you may provide to us.
34. Our compliance with privacy legislation is set out in our separate Privacy Policy.
35. The Services, Aggregated data and all derivative works, pricing and other information set out in any order forms for the Services, and these Terms of Use are our Confidential Information. You shall protect our Confidential Information from unauthorized use, access or disclosure.
