I acknowledge that I have engaged AGnVET Management Services Pty Limited (hereinafter referred to as “the Company”) to provide a service or services as listed below, that uses either the mobile phone network, internet access, email, SMS, fax and LoRaWAN, or a combination of these, to provide me with information or allow me access to information relating to the service (such work hereinafter referred to as “the Agreement Work”). I understand that this Exemption-Disclaimer will be valid for the length of the period I am using the service.
Services included (but are not limited to) are:
- Data hosting services – hosting of data in the weatherPlus (addVANTAGE Pro), Sentek, Goanna, Outpost or Observant system,
- access to weather and soil moisture data via the internet and receiving of SMS and email based messages.
- Live weather data access services – access to weather data in the weatherPlus system via the internet.
- Irrigation scheduling services – receiving email and fax reports from an AGnVET Management Services Pty Limited
- representative, access to scheduling information in the weatherPlus (addVANTAGE Pro), Sentek, Goanna, Outpost or
- Observant system via the internet and receiving of SMS and email based messages
- Alert services – access to data in the weatherPlus system via the internet and receiving of SMS and email based messages.
- Trap monitoring services – receival of and access to insect trapping data via pestPlus software, receival of insect grub hatch
- SMS based messages.
I am aware that to carry out the Agreement Work the Company must rely upon complex technology and equipment.
I am further aware that in carrying out the Agreement Work there is a risk, whether as a result of defects or malfunctions in the equipment or the technology used or applied by the Company, or as a result of operator error or negligence, or as a result of any other act or omission of the Company or it’s servants, agents or employees, that the Agreement Work may be inaccurate, defective or misleading.
I hereby absolve the Company and all it’s servants, agents, employees and it’s Directors from all or any liability (except as required under law) to me, or to any company or partnership condition my business of farming from my farming property, howsoever arising for any loss, damage, expense or costs that may in any way arise from the carrying out of the Agreement Work by the Company, whether such loss, damage, expense or cost is caused by or arises out of any negligent act or omission, breach of duty, default or omission on the part of the Company, it’s servants, agents, employees or Directors.
The liability of AGnVET Management Services Pty Limited for a breach of a condition or warranty is limited to: (a) in the case of goods, any one or more of the following:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods;
- the payment of the cost of having the goods repaired; or
- in the case of services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
By agreeing to these terms I do hereby acknowledge that I, of my own freewill and desire, and with full knowledge of this clause and its effect after having personally read this clause, have contracted with the Company for them to carry out the Contract Work.