Conditions of Use

This agreement sets out the terms and conditions that apply to your use of the Virtual Irrigation Academy (VIA) tools and website.

1 Provision of tools

Commonwealth Scientific and Industrial Research Organisation (“CSIRO”) operating through the VIA (https://via.farm/) makes available soil water, nutrient and/or salt monitoring tools, which may include Chameleon readers and sensor arrays, FullStop Wetting Front Detectors, Chameleon conductivity meters and nutrient test strips. The above tools are subsequently termed ‘the goods’.

2 Privacy and Use of Data

You have the option to make your farm private on the VIA website (can be accessed only through your password or the VIA management team) or public (can be viewed by anyone who visits the VIA site). The VIA grants you the rights to publish papers/manuscripts resulting from your use of your data sent to the VIA, after notifying the VIA team. When the VIA is part of a formal research project, the VIA invites you to enter into a publishing agreement that is equitable to all parties. The VIA retains the rights to use de-identified data aggregated to irrigation scheme level, aggregated across the same crop over many schemes, or aggregated to country level. Any information that CSIRO collects through your use of this site or the goods is subject to CSIRO’s privacy policies and procedures, published at http://www.csiro.au/en/About/Access-to-information/Privacy (which are incorporated by reference into this agreement).

3 Use of goods

Unless otherwise agreed, the VIA is providing the tools for the purposes of use by you in your own organisation, business or operations, which does not include commercial distribution under the terms of this agreement. If you provide the tools to any other party for the purpose of your own organisation, business or operations then you must first ensure that the party is subject to the terms contained in this agreement.

4 Warranty

The VIA provides the goods to you on an “as is” basis and any use of the goods is at your risk. The VIA give no express warranty that:

  1. The goods function in any environment;
  2. The goods are free of error, operate without interruptions or downtimes or will result in any outcomes; or
  3. Your use will not infringe the IP of any third party. The VIA will not be liable to you for any loss of data, information, revenue, profit or business opportunity or for any damage to goodwill or reputation which is suffered by you in anyway arising from your use of the goods.

5 Intellectual property

CSIRO retains full ownership of all IP in the goods and all data in the VIA. You do not have the right to develop or manufacture any products based on the goods or any IP embodied in the goods. You must not (i) reverse engineer or disassemble the goods; (ii) use the goods to develop copycat or functionally equivalent technology or derivative technologies based on the IP embodied in the goods; or (iii) make the goods available to a third party for such unauthorised purposes. You indemnify and release the VIA against all loss, damage, liability, costs or expenses suffered or incurred by the indemnified person arising from any breach by you of these terms or use of the goods by you or any third party who obtains the goods from or through you.

6 Termination

The VIA team may suspend, terminate or limit your access to and use of the VIA website https://via.farm/ if you breach these terms and conditions, including failure to upload data.

7 General

This agreement records the entire agreement between you and CSIRO. Please visit the VIA website (https://via.farm/) if you wish to submit a query regarding this agreement.

All international conventions that might import contractual terms into this agreement (including the United Nations Convention on Contracts for the International Sale of Goods) are excluded.

Any provision of this agreement which is prohibited or unenforceable in a jurisdiction will be severed to the extent necessary to make this agreement valid and enforceable. The severance of a provision will not invalidate the remaining provisions of this agreement nor affect the validity or enforceability of that provision in any other jurisdiction.

This agreement is governed by and construed in accordance with the laws of New South Wales, Australia and you agree to submit to the exclusive jurisdiction of the courts in that State.