By accessing and using the I K Caldwell WeatherPlus and PestPlus services you agree to follow and be bound by these terms and conditions. If you do not agree to follow and be bound by these terms and conditions, you may not access, use or download materials from this web site.
I acknowledge that I have engaged I K Caldwell (hereinafter referred to as “the Company”) to provide access to their Internet based WeatherPlus (such work hereinafter referred to as “the Contract Work”).
I am aware that to carry out the Contract Work the Company must rely upon complex technology and equipment.
I am further aware that in carrying out the Contract 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 Contract 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 Contract 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 I K Caldwell for a breach of a condition or warranty is limited to:
(a) in the case of goods, any one or more of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods;
(iv) the payment of the cost of having the goods repaired; or
(b) in the case of services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
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.
Access to the service by individual username will be monitored, if excessive use patterns are detected beyond what would be considered normal individual access levels, the service may be withdrawn from that account until a suitable explanation is supplied.