Terms and Conditions

agCOMMANDER website – Terms & Conditions of Use

Our Policies

Here at agCOMMANDER Pty Ltd (“agCOMMANDER”), customer service is important to us. We want your agCOMMANDER experience to be fast, friendly and most importantly secure.

If you visit or make payments within this website, you accept these conditions. Please read them carefully.

Privacy Policy

Click here to view our Privacy Policy: agCOMMANDER values your privacy

Click here to view the Terms and Conditions relating to our Software as a Service platforms

  • agCOMMANDER
  • Grape Forecaster
  • Mind My Assets 2
  • MetLog

Security Policy

If making payments to agCOMMANDER online, your financial details are passed through our secure server using the latest 128-bit SSL (secure sockets layer) encryption technology and it is again encrypted using encryption algorithm which is at least 64-bit. 128-bit SSL encryption is approximated to take at least one trillion, trillion years to break.

Electronic Communications

When you visit agCOMMANDER’s web site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software, is the property of agCOMMANDER or its content suppliers and protected by Australian and International Copyright Laws. The compilation of all content on this site is the exclusive property of agCOMMANDER.

License and Site Access

agCOMMANDER grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of agCOMMANDER. You may not use any meta tags or any other “:hidden text”: utilizing agCOMMANDER’s name or trademarks without the express written consent of agCOMMANDER. Any unauthorized use terminates the permission or license granted by agCOMMANDER. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of agCOMMANDER so long as the link does not portray agCOMMANDER or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any agCOMMANDER logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password (if applicable) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Product Descriptions

agCOMMANDER attempt to be as accurate as possible. However, agCOMMANDER does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by agCOMMANDER is not as described, your sole remedy is to return it in unused condition. See our shipping and returns policies elsewhere on this web site.

DISCLAIMER OF WARRANTIESAND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY agCOMMANDER ON AN “AS IS” AND “AS AVAILABLE” BASIS.

agCOMMANDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, ORPRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITEIS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLEBY APPLICABLE LAW, agCOMMANDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESSFOR A PARTICULAR PURPOSE. agCOMMANDER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM agCOMMANDER FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

agCOMMANDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THEUSE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAINDAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting agCOMMANDER’s web site, you agree that the laws of the state of Western Australia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and agCOMMANDER.

DISPUTES

Any dispute relating in any way to your visit to agCOMMANDER or to products you purchase through agCOMMANDER Online shall be submitted to confidential arbitration in Western Australia, except that, to the extent you have in any manner violated or threatened to violate agCOMMANDER’s intellectual property rights, agCOMMANDER may seek injunctive or other appropriate relief in any state or federal court in the state of Western Australia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Institute of Arbitrators and Mediators of Australia. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Privacy policy and Software License, posted on this site. These policies also govern your visit to agCOMMANDER. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

QUESTIONS

Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to us by clicking on the Contact Us link in the top menu of any web page. Or you can email us at: mail@agcommander.com.au