About the ARL sample submission tool
The ARL sample submission tool is an interactive farm management tool owned and operated by Ravensdown Limited (Ravensdown) trading as Analytical Research Laboratories (ARL), consisting of:
- a web-based application for customers to submit, review and accept quotes for various tests on their property, order equipment and assign jobs to field testers; and
- a mobile application for field testers to capture and submit test data based on assigned jobs,
(together, the ARL App).
About these Terms
Your use of the ARL App, whether accessed through a web browser, mobile application or otherwise, is governed by these terms of use (the Terms). By signing up for an account and using the ARL App, you acknowledge that you have read and agreed to the Terms. Please read these Terms carefully. They form a legally binding contract between you (the person or organisation signing up as an account holder) and us (ARL, we, us or our).
Changes to the Terms
We may vary these Terms from time to time. Any varied terms will be available on Ravensdown’s website at (https://www.ravensdown.co.nz/arl-sample-submission-tool-terms-of-use ) and on the relevant ARL App platform (e.g. website or mobile application). By continuing to use the ARL App, you agree to be bound by the varied Terms.
Signing up
To use the ARL App, you must contact ARL and complete the sign-up process. If you are signing up in the name of an organisation or partnership, the individual completing the sign-up process personally undertakes that they have the authority to accept these Terms on behalf of the organisation or partnership.
You promise that all information you provide will be true, accurate and correct and you agree to update us promptly if any of that information becomes outdated or is otherwise inaccurate or misleading.
Using your account
You are responsible for protecting your passwords and other login information. You are responsible for any usage of your account using your login credentials. You must notify us immediately on becoming aware of any actual or suspected unauthorised use of your account.
You are responsible for costs associated with using the ARL App on your mobile device (e.g. any data charges).
These Terms apply between you and us only, and you acknowledge that we have no responsibility to any person other than you, the account holder. Nothing in these Terms confers a right or benefit on any other person.
Changes to the ARL App
We can modify, suspend or discontinue all or part of the ARL App at any time, with or without notice.
Closing your account
You can close your account at any time, by contacting ARL or otherwise in the manner specified from time to time on the ARL App.
We can close your account at any time, with or without a reason by giving you 14 days’ notice.
We can close your account immediately without notice if you breach these Terms and we reasonably consider that the breach (alone or together with any past breaches) exposes us to a cost or risk of some kind, or may have a negative impact on us or our products, services or systems.
Closure of your account will end the contract between you and us based on these Terms. However, any obligations, rights and remedies set out in these Terms which are intended to survive closure of your account will survive and continue indefinitely.
User Content
Where you, or any person on your behalf, uploads any information or material to the ARL App (User Content), you give us and any agents or contractors assisting with the ARL App or the provision of products and/or services through the ARL App, permission to store, copy, modify and distribute that User Content as required to:
- maintain and operate the ARL App;
- provide products and/or services to you, or a quote for any such products and/or services; and
- develop and grow our business.
Where User Content is uploaded to your account, you promise that:
- the User Content does not infringe any third party intellectual property rights;
- you have obtained all necessary consents and authorisations to use and upload that User Content and we do not need to obtain any permission from a third party to deal with the User Content as permitted above; and
- the User Content complies with any applicable laws.
We do not review or control User Content, and are not responsible for its accuracy or completeness. You are solely responsible for and assume all risk associated with any use or reliance placed on User Content by you and any third parties.
We may hold on to and use User Content even if your account has been closed. We may choose to delete or block User Content at any time where we consider it necessary to comply with the law, or to protect ourselves or others from harm or loss.
Your use of the ARL App
We will use reasonable efforts to ensure that information provided through the ARL App is accurate and up-to-date. However, we are not responsible for its accuracy or completeness and we do not give any warranties or representations about that information or any predictions, outputs or other results generated by the ARL App based on that information. All express and implied warranties and representations are excluded to the maximum extent permitted by law.
Interruptions and errors
Like any online service, we cannot guarantee that the ARL App will be uninterrupted or error-free. It is up to you to take any precautions necessary to ensure you do not incur losses or costs in the event that the ARL App is affected by an interruption or error. We are not liable for any loss or corruption of data.
Intellectual property rights
We own or hold rights to use all intellectual property rights in the ARL App, including all components of the website and mobile application, all enhancements and outputs that use your User Content, and all content made available through the ARL App from time to time, other than User Content. You may use the ARL App as made available by us from time to time, subject to these Terms. This does not give you any rights in the ARL App (including any website or mobile application), or any of the components or content, and you must not copy, modify, adapt, reproduce or republish them.
You retain all ownership rights in your User Content. Where you provide us with feedback or suggestions about the ARL App, you promise us that this information is not confidential to you or any other person, and you agree that we can use it as we see fit, without any obligation to you.
Restrictions on using the ARL App
You must not engage in any commercial exploitation of the ARL App. You may provide access to your account to your professional advisers and consultants but you will be responsible for their use of your account (see “using your account” above).
Unless we specifically agree otherwise in writing, you must not say or do anything that may lead others to believe that you are endorsed by or associated with us.
You must not use the ARL App in a way that infringes intellectual property, defames someone, breaks the law, or violates the privacy or other rights of any person.
You must not use the ARL App to:
- upload, transmit, or distribute any malware or spyware;
- interfere with or disrupt any servers or networks connected to the ARL App;
- attempt to gain unauthorised access to the ARL App, any ARL or Ravensdown servers or networks, or another person’s account;
- misrepresent yourself as another person or entity; or
- do anything that would expose us to any liability or cause us to be in breach of any law or regulation of New Zealand or any other jurisdiction.
Terms of trade
You acknowledge and accept that when purchasing any products and/or services through the ARL App, Ravensdown’s standard customer terms of trade, as amended from time to time, will apply to any such purchases. The current standard customer terms of trade are available on Ravensdown’s website at https://www.ravensdown.co.nz/terms-of-trade.
Indemnity
To the extent permitted by law, you agree to indemnify us against all costs, losses, expenses and liabilities that we suffer or reasonably incur in connection with any third party claim made or brought against us, where the claim is wholly or partly attributable to your breach of these Terms. However, you will not be liable to the extent that we have caused or contributed to such losses through our own negligence, breach of these Terms or unlawful conduct.
Limitations on our liability
Your use of the ARL App is solely at your own risk. To the extent permitted by law, we are not responsible for any loss or damage that you may suffer in connection with your use of or reliance on the ARL App, except to the extent that we cause or contribute to the loss or damage through our breach of these Terms or our unlawful conduct.
We will not be liable to you for any loss of profits, opportunity, data, business or contract, any indirect or consequential loss, or any exemplary, incidental, special or punitive damages, arising from or in connection with the ARL App or these Terms.
To the extent that our liability cannot be excluded, the liability provisions in Ravensdown’s standard customer terms of trade will apply.
The limitations and exclusions above apply to all liability (including for negligence), regardless of the legal basis of the claim.
Links to other websites
Any links to third party materials or websites on the ARL App are provided for your convenience only. Unless clearly stated otherwise, we are not responsible for, and do not endorse, the accuracy or completeness of those third party materials or websites. You are solely responsible for and assume all risk associated with any use or reliance placed on third party materials or websites.
Privacy / cookies
Your personal information will be collected, used and disclosed in accordance with Ravensdown’s privacy policy, as amended or replaced from time to time (available at https://www.ravensdown.co.nz/privacy-policy).
If you choose to disclose your personal information through the ARL App, you are deemed to have read and agreed to this privacy policy. If you disclose personal information about another person, you acknowledge you have that person’s consent to do so.
Cookies are very small files that sit on your computer and can be used by a website to remember things like your preferences for that site. The ARL App uses cookies to help us remember things like your personal preferences and your login information. Some web browsers enable you to decline the receipt of cookies. If you do so, some web pages may not fully function or you may not be able to access certain information.
Use for the purposes of trade
You agree that, to the extent you are using the ARL App for the purposes of trade, having regard to all relevant circumstances, it is fair and reasonable that (i) the Consumer Guarantees Act 1993 and (ii) sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986, do not apply to your use of the ARL App to the extent permitted by law.
Governing law
These Terms are governed by New Zealand law. You submit to the non-exclusive jurisdiction of the courts of New Zealand in relation to all disputes arising out of or in connection with these Terms and/or the ARL App.
General
Along with Ravensdown’s privacy policy and, where applicable, Ravensdown’s standard customer terms of trade, these Terms are the entire agreement between you and us regarding your use of the ARL App. Our failure or delay in exercising or enforcing any right or provision of these Terms will not operate as a waiver. A finding that any provision of these Terms is invalid or unenforceable will not affect any other part of these Terms. You cannot assign your rights under these Terms to any third party, except with our prior written consent.
Updated: September 2021