C-Dax+ APP Terms of Use

About C-Dax+App

The C-Dax+App application is a mapping and control application which controls compatible C-

Dax Pasturemeter and spreaders. The app utilizes a HawkEye account/login to provide farm

maps and to allow the user to upload their activity records.

About these terms

By signing up in order to use the C-Dax+App, you accept these terms of use, and Ravensdown’s policy available at https://www.hawkeye.farm/terms-of-use . Please read these terms carefully.

Signing up

To use C-Dax+App, you require a HawkEye account. The sign-up process can be accessed from

www.my.hawkeye.farm . If you are signing up in the name of an organisation, or partnership, the

individual completing the sign-up process personally undertakes that they have the authority to

accept these terms on behalf of the organisation.

You promise that all information you provide will be true, accurate and correct and you agree to

update us promptly if any of that information becomes outdated or is otherwise inaccurate or

misleading.

Using your account

You are responsible for protecting your passwords and other login information. You are

responsible for any usage of your account using your login credentials. You must notify us

immediately on becoming aware of any actual or suspected unauthorised use of your account.

These terms apply between you and us only, and you acknowledge that we have no

responsibility to any person other than you, the account holder. Nothing in these terms confers

a right or benefit on any other person.

Closing your account

You can close your account at any time by following the instructions provided in the ‘My

Account’ section of the HawkEye web-application, or by calling the HawkEye Service Support

team on 0800 73 73 73

On closure of your account, by you or us, you may choose either:

- That we provide you with all data stored in relation to you, at a fair and reasonable

transfer cost, in a format acceptable to us; or

- That we delete all data stored in relation to you, to the extent our systems and the law

allows.

User Content

You may request deletion of your content at any time by emailing sales@c-dax.co.nz

- We will endeavour to delete all data stored in relation to you, in a fair and reasonable

timeframe.

- We will delete all data stored in relation to you, to the extent our systems and the law

allows.

Your use of C-Dax+App

We will use reasonable efforts to ensure that information provided through C-Dax+App is

accurate and up-to-date. However, we are not responsible for its accuracy or completeness and

we do not give any warranties or representations about that information or any predictions,

outputs or other results generated by C-Dax+App based on that information. All express and

implied warranties and representations are excluded to the maximum extent permitted by law.

Interruptions and errors

Like any online service, we cannot guarantee that C-Dax+App will be uninterrupted or error-free.

It is up to you to take any precautions necessary to ensure you do not incur losses or costs in

the event that C-Dax+App is affected by an interruption or error. We are not liable for any loss or

corruption of data.

Also, HawkEye, the HawkEye website and/or the C-Dax+App Mobile application may include

content or functionality provided by third party provider(s). Where this occurs, we are only

passing-on that content and functionality. The third party is not responsible for its accuracy or

completeness and gives no warranties or representations about that information or any outputs

or results based on that information, except as expressly agreed between the third party and you

in writing.

Intellectual property rights

We own or hold rights to use all intellectual property rights in C-Dax+App, including all

components of the website, application and mobile application, all enhancements and outputs

that use your User Content, and all content made available through C-Dax+App from time to

time, other than User Content. You may use C-Dax+App as made available by us from time to

time, subject to these terms. This does not give you any rights in the website, application or

mobile application, or any of the components or content, and you must not copy, modify, adapt,

reproduce or republish them.

You retain all ownership rights in your User Content. Where you provide us with feedback or

suggestions about C-Dax+App, you promise us that this information is not confidential to you or

any other person, and you agree that we can use it as we see fit, without any obligation to you.

Restrictions on using C-Dax+App

You must not engage in any commercial exploitation of C-Dax+App. You may provide access to

your account to your professional advisers and consultants but you will be responsible for their

use of your account (see “Using your account” above).

Unless we specifically agree otherwise in writing, you must not say or do anything that may lead

others to believe that you are endorsed by or associated with us.

You must not use C-Dax+App in a way that infringes intellectual property, defames someone,

breaks the law, or violates the privacy or other rights of any person.

You must not use C-Dax+App to:

- Upload, transmit, or distribute any malware or spyware;

- Interfere with or disrupt any servers or networks connected to C-Dax+App;

- Attempt to gain unauthorised access to C-Dax+App or another person’s account;

- Misrepresent yourself as another person or entity; or

- Do anything that would expose us to any liability or cause us to be in breach of any law

or regulation of New Zealand or any other jurisdiction.

You must indemnify us

You agree to indemnify us against all costs, losses, expenses and liabilities that we suffer or

reasonably incur in connection with any third party claim made or brought against us, where the

claim is wholly or partly attributable to your breach of these terms. However, you will not be

liable to the extent that we have caused or contributed to such losses through our own

negligence, breach of these terms or unlawful conduct.

Limitations on our liability

Your use of C-Dax+App is solely at your own risk. As far as permitted by law, we are not

responsible for any loss or damage that you may suffer in connection with your use of or

reliance on C-Dax+App, except to the extent that we cause or contribute to the loss or damage

through our breach of these terms or our unlawful conduct.

We will not be liable to you for any loss of profits, opportunity, data, business or contract, any

indirect or consequential loss, or any exemplary, incidental, special or punitive damages,

arising from or in connection with C-Dax+App or these terms.

To the extent that our liability cannot be excluded, our total liability for any loss or damage you

suffer in connection with C-Dax+App or these terms will not in any circumstance exceed the

total amount you paid us in the 12 months before the events giving rise to your claim, less any

liability we may have to you for other events arising during that 12 month period.

The limitations and exclusions above apply to all liability (including for negligence), regardless of

the legal basis of the claim.

Data downloads

Where you use the module to download a map of your paddocks, features on your property

and/or management zones relating to your property from C-Dax+App for use in your own

software or to provide to a third party, the use of such map, features or management zones is

solely at your own risk.

We will not be responsible to you or any third party for any loss or damage you suffer or incur as

a result of such use, and you indemnify us against all costs, losses, expenses and liabilities that

we suffer or incur in connection with any claim brought against us (including by a third party)

arising out of or in connection with such use.

This term does not limit any other term in these terms of use.

Consumer Guarantees Act (CGA)

You agree that your subscription package for C-Dax+App is being acquired by you in trade and

that it is fair and reasonable in the circumstances that the CGA not apply. Accordingly, to the

maximum extent permitted by law, the CGA shall not apply.

Governing law

These terms are governed by New Zealand law. You submit to the non-exclusive jurisdiction of

the courts of New Zealand in relation to all disputes arising out of or in connection with these

terms and/or C-Dax+App.

General

Along with C-Dax’s privacy policy, these terms are the entire agreement between you and us

regarding your use of C-Dax+App. Our failure or delay in exercising or enforcing any right or

provision of these terms will not operate as a waiver. A finding that any provision of these terms

is invalid or unenforceable will not affect any other part of these terms. You cannot assign your

rights under these terms to any third party, except with our prior written consent.