The Yield's Terms and Conditions
Who is the Yield?
The Yield Technology Solutions Pty Limited ACN 603 062 942 (The Yield), is an Australian owned and managed business. We use technology to help growers improve yields and reduce risks.
What Services do we provide?
Our services provide you with insights into environmental conditions that affect your farm such as weather and local near real time data. Our Solutions help you make faster decisions and solve your everyday problems.
Who owns the data?
You own your farm data. We need access to it to provide our services and to produce the analysed, anonymised or aggregated information that is our information.
If you want your data at any time for your own use we will give you an electronic CSV file. We charge you only a fair charge for the cost of providing that electronic file.
You can ask us to provide a copy of data more than once, but not an on an ongoing basis.
We aren’t in business to provide data feeds to other service providers, so you can’t make us provide data to another service provider.
We also won’t provide to you the analysed, anonymised or aggregated information that is our information unless we have both agreed to this as part of service for which you have paid.
We won’t provide your data to you if you haven’t paid us what we were entitled to be paid.
So you get your data if and when you want it, but on a reasonable request and for your own use (not for resale or other commercialisation).
How do we protect your privacy and your data?
We are committed to protecting the privacy and data of our customers. This means:
1. We won’t sell or disclose your personal information or data about your business without your express permission or unless the law makes us do it.
2. We can disclose information and allow others to use our information derived from your data but only if we make sure that this information can’t reasonably be used to identify you or your business. The way that we can do this is to aggregate or to anonymise data.
3. We will help genuine research organisations, such as Universities, by giving them access to data for research purposes. We will only do this once they have signed a contract (a) not to further disclose your personal information or data about your business (b) not to disclose information derived from your data which could be used to identify you or your business. If they break this commitment we will cut off their data services. We may charge them for data services to cover our costs.
4. We will not knowingly provide data to anyone when we should reasonably know that this would not be good for your business.
We’ll do our best to keep our information reliable and up-to-date. You need a reliable service. We intend to provide one. But things will go wrong.
We don’t make decisions for you through our service. We provide information that may be used by you or others to make decisions. But these decisions aren’t our decisions, and you agree that we are not liable for decisions made by you or others by reference to our services.
The Yield does not say or imply that our services or access to them will be uninterrupted or error free. The operation and availability of the systems used for providing and accessing these Services, including telecommunications services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. We’ll do our best to keep our Services up, to keep downtime to outside working hours, and to minimise unscheduled downtime. But The Yield is not in any way responsible for any interference or prevention of your access to or use of the Services.
Severe or widespread weather events, people and animals doing unpredictable things to our infrastructure, unavailability of parts or other things we can’t control can stop our services working as we designed them. We’re not responsible or liable when this happens, but we must try our best to get back into service and correct any identified errors as soon as we reasonably can.
Our Services may include predictions. Predictions are just that. Unusual atmospheric or sea or weather conditions may cause unpredictable results. We will try to be as reliable as is possible using up-to-date technology and good data analytics. But sometimes we will be wrong. We’ll be honest about it when we are. If we honestly did what was reasonable in the circumstances, The Yield will not be responsible or liable for any decisions that you make, or any other consequences of any incorrect predictions.
If any guarantee, term, condition or warranty is implied into this Agreement under the Australian Consumer Law or any other applicable legislation (a “Non-Excludable Provision”), and we are able to limit your remedy for a breach of the Non-Excludable Provision, or if there is other loss or liability however arising that we are permitted to limit, then our liability for breach of the Non-Excludable Provision or otherwise is limited to supplying the relevant service again or payment of the cost of having the service supplied again, or $10,000, whichever is the greater.
Also, subject to what Non-Excludable Provisions say, we won’t be liable to damages for loss of profits, revenue, business, anticipated savings, loss, damage or corruption of data (including any data or information that is inputted by you), whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if we were advised of the possibility of such loss or damage.
Our liability to you is also reduced to the extent that your acts or omissions or acts or omissions of third parties contribute to or cause the loss or liability.
What can go wrong and all that important legal stuff
In the case of technical problems, you should make reasonable efforts to investigate and diagnose problems before contacting The Yield.
If you still need technical help, please check the support provided online by The Yield on the website or failing that email us at firstname.lastname@example.org.
Links to other websites
Sometimes our website contains links to other websites. The content of those websites may have changed since we provided that link. We are not responsible for what is said or available at that linked site. When you access a website other than our website, we are not responsible for the terms or privacy practices of that site. We recommend that you review the terms and privacy policies of each website you visit.