TERMS AND CONDITIONS

Smart Paddock

Smart Paddock Pty Ltd

ABN 72 620 505 811

Address 15 Cochranes Road, Unit 45A, Moorabbin VIC 3189

About the Platform

The Smart Paddock Platform provides farmers real-time data and status about their livestock operations including the health and geo-location of all the individual animals in their herd. The Platform operates in conjunction with the Smart Paddock Bluebell livestock GPS ear tag and on-farm infrastructure monitoring devices.

Minimum Term

1 year

Renewed Terms

1 year each

1. USER AGREEMENT

1.1 All contracts, agreements, arrangements and dealings between Smart Paddock (and each of its subsidiaries, affiliates, associated companies, related entities, successors/parent company and assigns) (Smart Paddock, we, us) and any person using the Platform or the Website (Customer or You) are subject to these terms and conditions of use (Terms).

1.2 These Terms shall be deemed to be incorporated into all agreements for the use of the Platform by the Customer. These Terms supersede all prior understandings, arrangements and agreements relating to such use. In the event that there is any inconsistency between these Terms and any other communication from Smart Paddock, these Terms shall prevail unless specified otherwise in writing by Smart Paddock.

1.3 By clicking ‘I agree’ or other similar button or checkbox in the Platform or Application, You agree to be bound by these Terms. If You do not agree to any provisions of these Terms, You must not use the Platform, Application, or the Website.

1.4 Smart Paddock may amend these Terms at any time at its sole discretion. By continuing to use the Platform, You will be deemed to have accepted any revised terms published from time to time on the Website.

2. REGISTRATION

2.1 How to register: When You place an order for Smart Paddock Hardware, we will create an account on the Platform with details You provide us about You and Your Farm. Upon payment of any invoices provided to You in relation to your Hardware order, You will receive a link by email to create an account on the Platform.

2.2 In order to access the Application and Platform, You must register as a user on the Smart Paddock Platform (User) by accessing the link to create your User Account.

2.3 You may be required to create usernames, passwords or other identification or authentication information to that is required for use of and access to the Platform (Access Information). Access Information is stored and processed by a third party authentication service provider.

2.4 Any information which You provide to Smart Paddock in registering as a User will be stored in accordance with our privacy policy which is published on the Website at https://www.smartpaddock.com/privacy-policy , as amended from time to time.

2.5 You are solely responsible for the activity that occurs on your account, and You must keep your Access Information secure and protect it from unauthorised access or use. If You suspect or become aware of any unauthorised use of your account or that your Access Information is no longer secure, You agree to notify us immediately.

3. Fees

3.1 In consideration of Smart Paddock providing You access to the Platform, You agree to pay any amounts invoiced to you by the due date set out on the relevant tax invoice (Fees). Fees are calculated in accordance with the subscription fees set out on the invoice, or as otherwise set out in the pricing details on www.smartpaddock.com.

3.2 Minimum Term Fee: Prior to registration of your User Account, Smart Paddock will send You a tax invoice for the total Fees payable during the Minimum Term (Minimum Term Fee). On payment of the Minimum Term Fee, Smart Paddock will generate and send the link to create your account on the Platform.

3.3 Where additional Hardware is purchased by You, the Minimum Term Fee for access to the Platform in connection with the new Hardware will be calculated and paid separate to any existing Minimum Term Fees. The Minimum Term for existing access, in connection with existing hardware, may be extended accordingly.

3.4 Renewed Term Fee: Fees are subject to increase on the commencement of any Renewed Term (Renewed Term Fee).

(a) Smart Paddock will notify You by email at least 30 days prior to the end of the Minimum Term, or the then-current Renewed Term, with details of the increase in pricing.

(b) Your continued use and access to the Platform is subject to you agreeing to, and making payment of, the Renewed Term Fee.

(c) If you do not agree to the Renewed Term Fee, or do not make payment of the Renewed Term Fee by the applicable due date set out in the tax invoice, Smart Paddock will suspend your access to the Platform or terminate your User Account in accordance with these Terms.

3.5 You agree and understand that for as long as the Platform is accessed by You, these Terms apply, and Smart Paddock will continue to render a new tax invoice for the applicable Fees, and You must pay all tax invoices within fourteen (14) days of the date of the tax invoice.

3.6 No refunds or credits will be issued for periods of partial access, unused licences, suspended licences, downgraded service, or for any other reason, except in Smart Paddock’s sole discretion or as otherwise required by law.

3.7 Unless otherwise stated, if You are an Australian registered entity, all amounts payable under these Terms are expressed as GST exclusive but subject to GST. If GST applies to a taxable supply made under these Terms, the party to which the taxable supply is made must pay GST on that taxable supply, in addition to any consideration (excluding GST) that is payable for that taxable supply. It must do so at the same time and in the same way as it is required to pay the consideration for the taxable supply. If You are located overseas, You acknowledge that the total Fees payable by You may be subject to increase to the extent required to cover any taxes payable on our supply of services to You. We are not liable to make payment of any taxes or surcharges appliable in your jurisdiction on your behalf.

3.8 If you request additional services or features in addition to the standard platform Fee, Smart Paddock may charge You for the additional services, and you agree to pay the fees that apply to the performance of the additional services by the due date set out in the applicable invoice. Pricing for additional services will be charged as set out on the pricing details page at www.smartpaddock.com.

4. USE OF AND ACCESS TO THE PLATFORM

4.1 Subject to these Terms, payment of the Fees, and all applicable laws, Smart Paddock grants You a worldwide, non-exclusive, non-transferable, non-sublicensable licence and right to access and use the Platform, for the Minimum Term and any Renewed Terms.

4.2 At the end of the Minimum Term, your Subscription will automatically renew for the minimum Renewed Term, unless terminated in accordance with these Terms.

4.3 You may not access or use another User’s account and may not cause or allow another person to use your account, other than as expressly allowed under these Terms.

4.4 Smart Paddock may, in its sole discretion, terminate a User Account or restrict a User’s access to the Platform, if You breach clause 7 (prohibited activities) or the Acceptable Use Policy. If this occurs in respect of your User Account, You may be prevented from accessing all or parts of the Platform, including your account details or other content contained in your account. We will not be liable to You or any third party for terminating a User’s account or restricting User’s access to the Application or the Website in accordance with this clause.

4.5 You are deemed to have accepted the services provided by Smart Paddock, including the provision of the Platform, when You agree to these Terms. All risk associated with your use of the Platform passes to You on acceptance of these Terms.

5. YOUR INFORMATION

5.1 You own and will continue to own at all times all of the rights, title and interest in and to Your Information.

5.2 You are solely responsible for the legality, reliability, integrity, accuracy and quality of Your Information, and acknowledge that the performance of the Platform may be impacted if Your Information is inaccurate.

5.3 You continually warrant that You are the owner or licensee of all Your Information; that You have all rights and consents required to provide Your Information to us; and that our use of Your Information in accordance with this these Terms will not infringe the Intellectual Property Rights or any other rights of any third party or of any of Your directors, officers, employees, contractors, agents.

5.4 You grant to Smart Paddock a worldwide, non-exclusive, fully transferable, sub-licensable right to access and use Your Information, on the condition that Your Information is fully de-identified, for the purpose of providing access to the Platform, undertaking general analysis of the Platform, and to make improvements to the Platform and Smart Paddock services generally. You acknowledge that any Insights created by Smart Paddock with the use of Your Information, once de-identified, is the sole and exclusive property of Smart Paddock.

6. MAINTENANCE

6.1 You agree that Smart Paddock may conduct maintenance of the Platform at any time and from time to time, and your access to the Platform may be limited while maintenance is being conducted.

6.2 We may provide You with updates to the Platform from time to time to enhance or improve the quality, functionality or operation of the Platform from time to time (Update). However, Smart Paddock will not provide any maintenance or support services for the Platform other than as expressly set out in these Terms.

6.3 Smart Paddock does not operate historical versions of the Platform. To continue use of the Platform, You must accept the Update. You acknowledge that in the event that You fail to accept an Update, Your ability to access or use the Platform will be adversely impacted, and we will not be responsible for your failure to use and access the Platform.

6.4 You agree and acknowledge that:

(a) Your access to or use of the Platform may be suspended due to Force Majeure for the duration of the Force Majeure event;

(b) the Platform is hosted on and supported by cloud servers, internet connections, networks, and other software and/or hardware that are not provided or in the control of Smart Paddock and for which Smart Paddock is not responsible under these Terms or otherwise;

(c) access to and use of the Platform may be affected by such external factors as speed of connection from your equipment to the servers supporting the Platform at any given time, which factors are beyond the control of Smart Paddock;

(d) Hardware may not interact, update or transmit relevant data to the Platform due to communication failures, inclement weather, improper use or set up, poor network connection, or user error, which are factors beyond the control of Smart Paddock; and

(e) Smart Paddock will not be liable to You for any Loss arising in connection with any lack of availability or use of, or access to, or failure, defect, interruption or limitation of the Platform whatsoever.

7. prohibited activities

You must not:

7.1 use the Platform in any way that could damage the reputation of Smart Paddock or the goodwill or other rights associated with the Platform;

7.2 permit any person to link to any page containing any part of the Platform (including via a hyperlink or RSS feed) without Smart Paddock’s prior written consent or unless expressly allowed as a paid feature for which You have subscribed (for example, providence features);

7.3 reproduce, make error corrections to or otherwise modify or adapt the Platform, the Application or the Website or create any derivative works based upon them;

7.4 de-compile, disassemble or otherwise reverse engineer the Platform or otherwise attempt to derive the source code or directly or indirectly allow, cause or permit any third party to do so;

7.5 modify or remove any copyright or proprietary notices contained in the Platform, or published on the Application or the Website;

7.6 develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Platform or otherwise copy data from the Platform;

7.7 override any security feature or bypass or circumvent any access controls or use limits of the Platform;

7.8 upload anything to the Platform that contains Viruses or any other harmful code;

7.9 use bots or other automated methods to access the Platform;

7.10 monitor the Platform’s availability, performance or functionality for any competitive purpose;

7.11 engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Platform;

7.12 overlay or otherwise modify the Platform or its appearance or interfaces; or

7.13 interfere with the operation of, or place an unreasonable load on, the Platform,

as determined by us in our sole discretion.

8. statutory conditions and warranty

8.1 Consumer Notice: Some of the services supplied to You by Smart Paddock may come with guarantees that cannot be excluded under the Australian Consumer Law if You have engaged us for services as a consumer and not for commercial or business use. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded.

8.2 Where any law implies a warranty into these Terms which may not be lawfully excluded, then to the extent allowed by law (Warranty), any liability imposed upon Smart Paddock in respect of a breach of Warranty will at its option be limited to:

(a) the resupply of services, or

(b) the refund of the price paid for the services.

8.3 Warranties do not apply where the services, including Hardware, are acquired for rental, hire or other commercial purpose.

8.4 To the extent permitted by law, the following are not covered by Warranty:

(a) failure or defect resulting from your improper care or use;

(b) incompatibility between the Platform, Hardware, your network, and any disruption to connection due to factors or events outside of our control;

(d) any modification or alteration not conducted or authorised by Smart Paddock, including in relation to the Hardware.

8.5 To the extent permitted by law, Smart Paddock shall not be liable for any indirect or consequential damage, Loss or expenses suffered or incurred by You, howsoever caused.

9. Limitation of liability

9.1 Except as expressly set out in these Terms and the Australian Consumer Law, Smart Paddock makes no warranties or other representations to You in relation to the Platform. Smart Paddock’s liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.

9.2 You acknowledge and agree that:

(a) to the maximum extent permitted by law, Smart Paddock will not be liable to Your or any other person under any circumstances for any Loss suffered or incurred by You, or for any indirect, incidental or consequential damages sustained or incurred by You whether such liability arises directly or indirectly as a result of:

(i) any negligent act or omission or wilful misconduct of You or your employees or agents;

(ii) the supply, performance or use of the Platform; or

(iii) any breach by You of its obligations under these Terms, including the Privacy Policy;

(b) no other term, condition, agreement, warranty, representation or understanding (whether express or implied) in any way binding upon Smart Paddock, other than these Terms, is made or given by or on behalf of Smart Paddock.

(c) You are solely responsible for making an assessment that the Platform is reasonably fit for your intended purpose and required use, and such purpose or required use is in accordance with all applicable laws.

9.3 Smart Paddock will endeavour to provide the Platform and any services to You with due care and skill but does not warrant that any services will be provided without fault or disruption. We may, from time to time, notify You of service levels and response times but do not guarantee any minimum response times or availability of access to the Platform.

9.4 To the extent allowed by law, Smart Paddock excludes all liability to You or anyone else for Loss of any kind (however caused or arising) relating in any way to the Platform, the Application and Website including, but not limited to, Loss You might suffer as a result of:

(a) errors, mistakes or inaccuracies contained in the Platform, the Application or the Website;

(b) any interactions or failed interactions between the Platform and Hardware;

(d) failure to receive alerts from the Platform or Hardware for any reason;

(e) You acting, or failing to act, on any information contained on or referred to in the Platform and/or any linked website;

(f) any unauthorised access to or use of the Platform, the Application and the Website, Hardware, and information of any kind stored on the servers that host the Platform, the Application or the Website;

(g) any interruption or cessation of transmission to or from the Platform and the Website; and

(h) any Viruses or other harmful code or communications which may be transmitted to or through the Application or the Website by any third party.

10. PLATFORM Information and Errors

10.1 Smart Paddock is not responsible for any typographical, technical, or descriptive errors contained in the Platform.

10.2 If we become aware of the existence of such an error, we will do all things reasonably necessary to rectify such an error.

10.3 To the extent permitted by the Australian Consumer Law, we will not be liable to You for any Loss arising out of your reliance upon any typographical, technical, or descriptive errors on the Platform.

10.4 If You experience technical issues while accessing the Platform that impairs your ability to use the Platform, You must report the problem to support@smartpaddock.com or through the contact us form on the Website. We will endeavour to respond to all technical issue requests within 48 hours of receipt, during business hours only. While Smart Paddock will make reasonable efforts to rectify any technical issues impeding performance of the Platform, Smart Paddock does not guarantee that technical issues will be resolved within any specific timeframes.

11. links to third party websites

11.1 The Platform may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and Smart Paddock may have no control over the operation of such websites, content or resources.

11.2 The existence of these links does not imply that Smart Paddock endorses the linked website, content or resource.

11.3 You acknowledge that Smart Paddock has not reviewed any of these third party websites, content or resources for accuracy, and Smart Paddock are not responsible for any third party content You access.

11.4 Smart Paddock does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party on the Platform or any linked website or any products or services products or services contracted or purchased through the marketplace of the Application or Website or featured in any banner or other advertising.

11.5 Smart Paddock will not be a party to or in any way responsible for monitoring any transaction between You and a third party provider of products and services or other Users.

12. Intellectual Property

12.1 In granting You access to the Platform, Smart Paddock does not confer on You any assignment of any Intellectual Property Rights that subsists in any the Platform or any other materials owned or supplied by us.

(a) You agree that You will not assert any rights in, or challenge our title to, those Intellectual Property Rights.

(b) You acknowledge and agree that the licence granted to You is a licence to use the Platform only, and that nothing in the licence is deemed to convey any title or ownership of the Platform, or any components therein, to You.

12.2 You are not permitted to assign, transfer or sub-licence any of the rights granted to You by us to any related party or any unrelated third party without our express consent in writing. We may withhold such consent in its absolute discretion or may grant consent on such terms as it considers fit.

12.3 Use of our material:

(a) You acknowledge that the Smart Paddock logo and name are trade marks regardless of whether or not they are registered. You are not granted any rights to use, remove or sublicence the use of the trademarks without our prior written consent.

(b) The copyright on the Website, the Application and the Platform, copy, images, logos, indicia, text, content is owned by Smart Paddock. You are not granted any rights to use, remove or sublicence the use of the copyrighted material without our prior written consent.

(c) You shall not re-publish, transfer, copy, reproduce or post on the internet any of Smart Paddock’s materials without our prior written consent.

12.4 In addition to any other remedies available to us under these Terms or otherwise, any unauthorised use, alteration, modification, reproduction, publication, disclosure or transfer of the Intellectual Property Rights will entitle Smart Paddock to any available statutory or equitable remedy against You.

12.5 Use of your feedback: If You correspond or otherwise communicate with us, You grant to Smart Paddock an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, testimonials, ratings and reviews on the App, in the Apple App Store or Google Play or on Google or any search engine or on the Website and developing your ideas and suggestions for improved products or services Smart Paddock provides. You acknowledge that all feedback You provide to us is expressly excluded from the definition of Your Information.

13. transfer and assignment

13.1 In the event that Smart Paddock merges, sells or otherwise undergoes a Change of Control (as that term is defined in the Corporations Act 2001 (Cth)) of its business or the Platform to a third-party, it reserves the right, without giving notice or seeking consent, to transfer or assign the Personal Information, content and rights that it has collected from You and any agreements between You and Smart Paddock.

13.2 You may not assign or otherwise transfer your rights in these Terms without Smart Paddock’s prior written consent.

14. privacy and personal information

14.1 Prior to and during your engagement with Smart Paddock, You may provide us with Personal Information. When Smart Paddock collects Personal Information for the purposes of generating a User Account, such information will be provided by the User and will include the User’s name, postal address, telephone number and email address.

14.2 In some cases, Personal Information may be provided by You or by third parties (such as consultants accessing the Platform with your consent) relating to other people, including your employees, contractors or consultants. You must have all necessary consents to disclose and/or provide any other person’s Personal Information, and You warrant that You have procured those consents. Where You choose to share information from the Platform with third parties, You acknowledge it is your sole responsibility to ensure information is shared in accordance with all applicable laws, including privacy laws.

14.3 Smart Paddock may record details about any computer or device which is used to access the Platform (such as the IP address, operating system and browser type), the date and time of access, and details of any information downloaded. Where possible, all information will be deidentified and anonymised.

14.4 More information about our privacy practices is available in the Smart Paddock privacy policy https://www.smartpaddock.com/privacy-statement.

15. INDEMNITY

15.1 You will at all times indemnify, and agree to keep indemnified, Smart Paddock and its directors, officers, employees and agents from and against any Loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by You or by Smart Paddock arising from any claim, demand, suit, action or proceeding by any person against You or against Smart Paddock where such Loss or liability arose out of, in connection with or in respect of your use of the Platform, or breach of these Terms, including any costs of enforcement. This includes, but is not limited to, Loss suffered in connection with:

(a) Your failure to make payment of Fees;

(b) Your breach of the privacy policy, Hardware Terms, or Acceptable Use Policy;

(d) Any third-party claim relating to a breach of any third-party Intellectual Property Rights as a result of Your use of the Platform.

16. TERMINATION

16.1 These Terms may be terminated immediately and at any time:

(a) if the other party commits a material breach of these Terms and fails to remedy that breach within 30 days notice requiring it to do so;

(b) if you violate the Acceptable Use Policy; or

(c) if the other party becomes incapable of continuing by reason of death, bankruptcy or insolvency (as defined by the Corporations Act 2001 (Cth)).

16.2 Smart Paddock may terminate these Terms, and revoke your access to the Platform, immediately for any reason and at any time, without prior notice to You, if You are in breach of the Acceptable Use Policy; and

16.3 You may terminate these Terms by providing notice to Smart Paddock at least 30 days prior to the expiry of the Minimum Term, or the then-current Renewed Term. If the Terms are terminated under this clause, the termination will take effect on expiry of the Minimum Term, or the then-current Renewed Term.

16.4 Upon termination of these Terms for any reason:

(a) Your access to the Platform will cease;

(b) You must pay Smart Paddock any Fees outstanding for services provided (including Platform access and Hardware) up to and including the date of termination; and

16.2 Access to Your Information

(a) If You require a copy of Your Information You have uploaded to the Platform, You must arrange to download a copy prior to termination.

(b) You will immediately lose access to the Platform on termination.

(c) If You wish to receive a copy of Your Information from the Platform after access is revoked, You may contact us with a request in writing by email to support@smartpaddock.com.

(d) Retrieval of Your Information after termination will incur fees, payable by You at your sole expense and charged on an estimated time and materials basis (Retrieval Fee). You will be notified of the Retrieval Fee and must make payment of the Retrieval Fee prior to receiving a copy of Your Information.

17. DISPUTE RESOLUTION

17.1 Neither party may initiate litigation or arbitration in relation to any matter relating to these Terms without first complying with this clause 17.

17.2 In the event of any complaint or claim arising out of these Terms or your use of the Platform or Hardware, You must first provide notice of the dispute in writing to Smart Paddock by email to support@smartpaddock.com and include details of the dispute, complaint or claim, surrounding circumstances and any evidence to allow us to investigate the matter.

17.3 Upon receipt of your notice, we will provide a reply acknowledging the complaint. You must provide us a reasonable period of time, being not less than 4 weeks, to offer a suitable resolution to your complaint or claim.

17.4 If we are unable to resolve your complaint or claim within a reasonable period of time, either party may, by notice in writing, require the other party to refer the dispute to mediation (Mediation Notice).

17.5 Within 30 days of the receipt of a Mediation Notice, the parties must refer the dispute to a mediator as agreed between the parties and, failing agreement, to a mediator appointed by the President of the Law Institute of Victoria.

17.6 The costs of the mediator will be paid equally by the parties.

17.7 The parties must approach the mediation in good faith and make a reasonable attempt to settle the dispute by mediation and within a framework determined by the mediation.

17.8 If the mediation fails to settle the dispute, the parties may commence litigation or arbitration.

17.9 Nothing in these Terms prevents a party from seeking urgent interlocutory or injunctive relief with respect to a violation of Intellectual Property Rights, confidentiality obligations, or enforcement of an award or order in the appropriate jurisdiction.

18. GENERAL

18.1 Variations to these Terms will become effective from the date the Terms are updated on the Website and Platform.

18.2 Notices sent under these Terms must be in writing and delivered by post or email. A notice given under these Terms is taken as having been given and received on the second business day after post, if by post, and on transmission, if by email.

18.3 Nothing in these Terms creates any partnership, joint venture, employment or similar relationship between You and us.

18.4 If either party does not exercise or enforce any right or provision under these Terms, it will not constitute a waiver of such right or provision. Any waiver of any provision under these Terms will only be effective if it is in writing and signed by Smart Paddock.

18.5 These Terms and any agreement between us will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia.

18.6 If any part of these Terms is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of these Terms or any agreement between Smart Paddock and its Customers the severed part will not affect the validity and enforceability of any remaining provisions.

19. DEFINITIONS

Application means the mobile software or browser-based portal providing an interface into the Platform;

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of State fair trading legislation;

Intellectual Property Rights means all intellectual property rights (whether created before, on or after the date of these Terms and whether registered or unregistered) in respect of copyright, any patents, trademarks, logos, designs, software, domain names, business or trade name, together with marketing concepts and designs, product knowledge, training Platforms and materials, protection of confidential information, circuit layouts, inventions, know-how, product or business concepts, details of product development, and any other identifiable result of intellectual endeavour, whether arising under statute or otherwise or any similar industrial property right or any right to, or application for registration of, any of them;

Farm means the property or location where You use the Hardware;

Force Majeure means any act or event caused by any factor that is not within our reasonable control, including without limitation, act of God; war; national emergency; cyber-attack; explosion; damage to telecommunications infrastructure or internet services;

Hardware means Smart Paddock’s Bluebell GPS smart ear tags and other on-premises monitoring devices;

Insights means the derived results from insights and analytics of the Platform including your use of the Application, Website and Platform as compiled by Smart Paddock or its agents or contractors;

Loss includes any loss, damage, liability or obligation, compensation, fine, penalty, charge, payment, cost or expense (including any legal cost and expense on a full indemnity basis) however it arises and whether it is present or future, fixed or unascertained, actual, consequential or contingent and including any loss of profits, loss of revenue and loss of opportunity;

Personal Information has the meaning given to it in the Privacy Act;

Privacy Act means Privacy Act 1988 (Cth) as amended from time to time;

Platform means the software known as Smart Paddock and all of its associated services and/or functionality and which is accessible through the Application and the Website, together with all of Smart Paddock’s Intellectual Property Rights attaching to or in respect of same;

User and User Account means the Customer and the Customer’s account on the Platform;

Virus means anything or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices;

Website means www.smartpaddock.com and its associated services and/or functionality, including the login portal to the Platform;

Your Information means all documents, data, records and information relating to You provided by You to Smart Paddock in connection with the Platform, including without limitation any Personal Information and data collected by the Hardware and subsequently uploaded to the Platform, but does not include any information You provide to us in relation to feedback, complaints or suggestions about us, the Hardware or the Platform.