BumperCrop Terms and Conditions
The use of any product, service or feature available through the internet website accessible at mybumpercrop.com shall be governed by the following rules:
The mybumpercrop.com website makes information of third parties available, including articles, news reports, company information and data.
By accessing this site, you acknowledge and agree that the Third Party Content is not created by BumperCrop Limited The provision of Third Party Content is for general informational purposes only and does not constitute a recommendation or solicitation to purchase or sell any product or make any other type of purchase or decision.
BumperCrop Limited cannot guarantee that such Third Party content will be free of material you may find objectionable or otherwise. BumperCrop Limited disclaims any responsibility or liability related to your access or use of any Third Party content.
Any website you visit by a link from this site is solely the responsibility of the vendor, merchant, or other Third Party providing the site. Links that may be accessed via this site are for the convenience of browsers only. The content of, including materials and information contained on, any site to which you link from this site is solely the responsibility of the provider of that website. Any transactions that you enter into with a vendor, merchant or other Third Party listed in this site or linked from this site are solely between you and that vendor, merchant or other party.
BumperCrop Limited is not responsible for any such Third Party content that may be accessed via this site. BumperCrop Limited does not endorse the content contained in these sites, nor the organizations publishing those sites, and hereby disclaims any responsibility for such content.
1. Contract Formation
All requests for goods and/or services by BumperCrop Limited (“BumperCrop”) are subject to the customer’s acceptance of these terms and conditions. The buyer will be deemed to have irrevocably accepted these terms and conditions of sale upon the first to occur of the buyer’s issuance of a purchase order or request for goods or services. Unless expressly assented to in writing by BumperCrop, terms and conditions different are expressly rejected. No course of dealing between the parties hereto shall be deemed to affect or to modify, amend or discharge any provisions of this agreement.
You are responsible for ensuring that the Hardware is not damaged or misused, either accidentally or deliberately. We have designed the hardware to be installed in a typical indoor agricultural environment, but we take no responsibility if, for example, you cut the cables or run over the hardware. If the hardware sustains damage that is out of our control then we will not replace it under warranty.
When you purchase BumperCrop products you understand that they will only operate with an associated subscription to the service with a monthly/annual fee. You can cancel this subscription at anytime.
The subscription includes:
A. Entitlement to the BumperCrop extended warranty (the extended warranty, defined
below) while you are still paying your subscription; and
B. Data costs to send data from the hardware to the service;
C. Access to the service to view your record data; and
D. Email support.
If you cancel your Subscription, or if we cancel your subscription due to non-payment, then you may forfeit your entitlement to the extended warranty. You will still be eligible for the standard warranty.. BumperCrop will invoice monthly or annual subscriptions two weeks prior to the renewal date unless otherwise requested by the customer.
4. Ownership of data
The purchasers will retain property rights to:
A. The data you enter into the website; and
B. The data collected by your BumperCrop device (together, “Data”).
You grant BumperCrop a license to use, copy, transmit, store, and back-up your information and data for the purposes of:
(a) enabling you to access and use the Services, and for any other purpose related to
provision of services to you.
(b) Creating anonymised versions of your data and then aggregating this anonymised data with our own data and third party data.
(c) Improvement of BumperCrop’s products and services.
BumperCrop will not share data that is specific to your business to any other third party or regulatory agency unless:
(a) you have expressly consented to such disclosure; or
(b) BumperCrop is legally required to provide this information.
BumperCrop warrants that for a period of 1 year from the date that you receive the hardware it will be free of defects in material and workmanship under normal authorized use consistent with the product instructions.
If you notify BumperCrop during the warranty period that the hardware does not conform to its warranty, your sole and exclusive remedy, and BumperCrop’s sole and exclusive liability, shall be for BumperCrop, at its sole option, to either repair or replace the non-conforming product.
If BumperCrop elects to replace the hardware, the replacement hardware may be either refurbished equipment or new equipment, at the sole discretion of BumperCrop, providing always that the substituted equipment has the same minimum set of features as the replaced equipment.
6. Intellectual Property
Any Intellectual property prepared or created by BumperCrop while carrying out software or hardware development for the customer (“New Intellectual Property”) are solely owned by BumperCrop.
7. Limitation of Liability
We will do our best to make sure that the data and alerts our system provides are accurate and timely, but you accept that sometimes we may have issues that are outside of our control or even sometimes, regrettably, within our control. That’s why we have to include the following limitation of liability. We are providing a tool to help you with your decision-making but you should take steps to make sure you don’t entirely rely on the BumperCrop solution. BumperCrop is not liable for any loss or damage to crops, yield or production resulting from reliance on it’s systems.
All terms and warranties which might be implied by any legislation, the common law, equity, trade, custom or usage, or otherwise implied into this Contract, are expressly excluded to the maximum extent permitted by law.
Where legislation implies into the Contract any term or warranty that cannot lawfully be excluded, that term or warranty is included but BumperCrop’s liability in respect of a breach of that term or warranty is limited to the cost to visit the site to replace the product and, at BumperCrop option, one of the following:
1. The replacement of the product or the supply of equivalent product; or
2. The repair of the product
8. Liability and indemnification
To the maximum extent permitted by applicable law, BumperCrop is not liable for any direct, indirect, consequential, special, punitive or exemplary losses or damages of any kind (including, without limitation, loss of use, loss of profit, loss of corruption of data, business interruption or indirect costs) suffered by the user arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of BumperCrop or our directors, officers, employees, agents or contractors.
You must indemnify, keep indemnified and hold BumperCrop and each of our directors, officers, employees, agents or contractors harmless for all and any claims arising from, as a result of, or otherwise in connection with, the product and your use of the result of the product.
The limitations and exclusions in this clause 6 apply to any, loss, damage or claim whether based in contract (including under any indemnity or for breach of any warranty), tort (including negligence), under statute or any other legal basis, other than the remedies already set out in the contract and this warranty.