DATAMAN Portal Terms of Use

AgResearch acknowledges the funding of this project by the Ministry for Primary Industries through the Global Research Alliance on Agricultural Greenhouse Gases.

IMPORTANT: PLEASE READ THESE TERMS OF USE BEFORE CONTINUING. They contain important information.   By clicking “I Accept”, you are confirming your acceptance of these Terms of Use.

These Terms of Use (“Terms”) govern your use of the DATAMAN Portal (“DATAMAN”).  If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to do so, and all references to “you” or “your” will refer to that entity.

In these Terms, references to “we”, “us” or “our” are references to AgResearch Limited. References to DATAMAN include the DATAMAN database, the website through which the database is accessed, and downloadable templates accessible through the website.

There is no fee or charge to use DATAMAN, however to download data from DATAMAN will be required to create an account.

We may change or update the content of DATAMAN and these Terms at any time without notice.  Your continued use of DATAMAN after changes are made constitutes your acceptance of the amendments.

User Obligations:  You agree to comply at all times with any instructions for use of DATAMAN which are made available. You assume sole responsibility for information and data obtained or generated from use of DATAMAN and for conclusions drawn and actions taken as a result of such information and data.

You must:

a) Acknowledge DATAMAN in any publication, presentation or media statement that incorporates or uses data obtained from DATAMAN.

b) access DATAMAN via standard web browsers only and not by any other methods;

c) not act in a way, or use or introduce anything (including any virus, worm, spyware or other similar feature) that in any way compromises or may compromise, DATAMAN, or otherwise attempt to damage or interfere with DATAMAN;

d) not use DATAMAN for any unlawful or prohibited purpose;

e) not use any manual process to monitor or copy any of the material on DATAMAN, or for any other unauthorised purpose without AgResearch’s prior written consent;

You must obtain our written permission to establish a link to DATAMAN.  If you wish to do so, please contact us at dataman@agresearch.co.nz.

Intellectual Property:  You acknowledge that all intellectual property rights (including copyright) in the content, layout, design, concept, graphics, software and organisation of DATAMAN (“AgResearch Materials”) are owned by or licensed to us.

You may not copy or change the AgResearch Materials and must not adapt, communicate, sell or otherwise deal with the AgResearch Materials. You must not remove or alter any copyright notice appearing on DATAMAN or in AgResearch Materials accessed via DATAMAN.

The “AgResearch” logos and related graphics and names are our trade marks (both registered and unregistered).  These may not be used in conjunction with any other product or service without our express prior written consent.

You acknowledge and agree that:

· you will not do anything to, or which might, hinder, impede, invalidate or challenge our ownership or entitlement to use or the registration of any part of the intellectual property which might diminish the value of the IP in DATAMAN and/or any AgResearch Materials;

· any use of DATAMAN, other than as expressly permitted by these Terms is strictly prohibited.

Links from the Website: If DATAMAN contains links to other sites and resources provided by third parties, these links are provided for your convenience only.  We do not endorse or make any representations regarding the content, suitability or accuracy of such sites or resources. We have no control over the content of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third party websites linked to DATAMAN, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Third Party content: You acknowledge that DATAMAN may incorporate or utilise the content and services of third parties, including, without limitation, Microsoft Azure and Twilio SendGrid, and that your use of all third party content is subject to Third Party Terms.  By entering into these Terms and using DATAMAN, you confirm that you understand and accept all relevant Third Party Terms.

For the purposes of these Terms, “Third Party Terms” means the terms, conditions and legal notices applicable to third party content and services incorporated into or utilised by DATAMAN.

Disclaimers: DATAMAN (including its content) is provided on an “as is” and “as available” basis and may from time to time contain errors, faults and inaccuracies.  We do not warrant that you will have continuous access or that it will be supplied fault-free.  We will not be liable in the event that DATAMAN is unavailable due to computer downtime attributable to malfunctions, upgrades, maintenance activities or interruptions in internet supply.

We do not give any warranties or guarantees or make any representations in relation to DATAMAN, whether express or implied, statutory or otherwise.  While reasonable care is taken in its preparation, we do not guarantee or warrant the accuracy, security, quality, completeness,  fitness for purpose, reliability, currency or availability of DATAMAN (including any errors in or omissions from the content of DATAMAN) or of any materials, information, outputs produced or accessed via DATAMAN (whether AgResearch Materials or  a third party’s), or DATAMAN’s usefulness or reliability in achieving any particular purpose. 

The information presented on or through DATAMAN is made available solely for information purposes.  We do not warrant the accuracy, completeness or usefulness of this information.  Your use of DATAMAN and any reliance you place on such information is at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of DATAMAN or by anyone who may be informed of any of its contents.

Liability:  To the maximum extent permitted by law, we will not be responsible or liable for any direct or indirect liability, loss, damages, costs and expenses (including, without limitation, lost profits, business interruption, lost savings, loss or corruption of data or any indirect, special, consequential or incidental loss of any kind) arising out of or in connection with:

· Your access to or use of DATAMAN, or any websites or applications linked from DATAMAN;

· The information on or generated by DATAMAN, or on websites or applications linked from DATAMAN;

· Any action or decision by you in relation to the information contained on or generated by DATAMAN;

· Any delay, failure, malfunction or interruption in access to or use of DATAMAN, or websites or applications linked from DATAMAN

whether based in contract, tort (including negligence), equity, breach of statutory duty or otherwise.  Without limiting the above, we will have no liability with respect to the data, information and content made available through DATAMAN, including but not limited to errors or omissions.

You agree to fully indemnify us and our subsidiaries, officers, agents and employees in respect of any loss or damage (including reasonable legal expenses) arising out of or in connection with your use of DATAMAN and any breach of or failure by you to comply with these Terms.

To the extent our liability cannot be excluded but can be limited, our liability is limited to NZ$100.

Privacy: To allow you to log in as a DATAMAN user we will store the email address that you supply when you register with DATAMAN. If you upload data to DATAMAN, any information incorporated in this data may be stored, including timestamps and filenames. Otherwise, we do not directly collect or store any personal information from you when you use DATAMAN.  

DATAMAN provides an AgResearch email address to which you may choose to send feedback or queries about DATAMAN.   If you choose to communicate with us in this way, we will receive your email address and any other personal information submitted by you in the email communication. We do not sell, publish or give away any personal information that you provide to us.

Where we receive personal information from you in this way, we will only use such personal information for the purpose for which you have provided it.  Only authorised AgResearch employees will have access to this information. 

You will have the right to request access to and correction of your information at any time while it is held by us.

DATAMAN is non-profit, meaning there are no signing fees or advertisements.

Suspension and Termination:  Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to DATAMAN.  On suspension or termination you must immediately cease using or accessing DATAMAN and must not attempt to gain further access.

Force Majeure: AgResearch will not be liable for any delay or failure to perform any of its obligations that is caused or contributed to by any event beyond its reasonable control, including but not limited to an act of nature, environmental occurrence, biological occurrence,  genetic variation, fire, discontinuity in power supply, court order, riot, war, strike or labour disturbance.

Miscellaneous: If any part of these Terms is held to be invalid or unenforceable, the remaining parts will continue in full force and effect.  A waiver by either party of any breach does not constitute a waiver of any other breach.  You may not assign, transfer or purport to assign or transfer these Terms to any other person.   These Terms and any access to or use of DATAMAN are governed by and must be interpreted in accordance with the laws of New Zealand.  Any dispute arising out of or in connection with these Terms or DATAMAN will be subject to the non-exclusive jurisdiction of the courts of New Zealand.  Clauses which by their nature are intended to survive termination of these Terms, will continue in force.   These Terms constitute the entire agreement between you and AgResearch with respect to DATAMAN and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to DATAMAN.

Contact: User questions or feedback with respect to DATAMAN can be directed to:

AgResearch Limited

1365 Springs Road

Lincoln 7674

Email: dataman@agresearch.co.nz