Catch Can - Online Tool Terms of Use

You (including any individual that is using the Tool) (the User) agree and acknowledge to use the Catch Can Tool (the Tool) in accordance with and on the terms set out in these Terms of Use.

1. Definitions

   The terms set out below shall have the following meanings attributed to them:

   Intellectual Property Rights means all intellectual property rights and interests (including common law rights and interests), whether or not of a confidential nature, including, without limitation, know-how, layout designs, copyright works, designs, inventions, illustrations, drawings, specifications, plant varieties, and trademarks.

   IrrigationNZ means Irrigation New Zealand Incorporated as the host of the Tool.

   SCADAfarm means a brand under Watercheck Limited, which developed the Tool and is responsible for its support, hosting, maintenance services, and data management. SCADAfarm does not own the Intellectual Property Rights in the Tool.

2. Rights of Use

   IrrigationNZ grants to the User a limited, non-transferable licence to use the Tool on a device that the User owns or controls, subject to these Terms of Use. The User is responsible for any use of the Tool, including use by another person.

   The User must only use the Tool for its own internal business purposes and must not, and must not permit any third party to, reverse engineer, decompile, disassemble, modify, adapt the Tool or merge the Tool into another program.

   The User acknowledges that SCADAfarm owns the software and embedded code; IrrigationNZ owns the methodology and branding.

   It is the User's responsibility to secure all existing data on its device before using the Tool. SCADAfarm is responsible for data collection and storage but does not guarantee data backup. The User must take precautions to ensure that their access to the Tool does not expose them to viruses or malicious software. IrrigationNZ and SCADAfarm do not accept liability for any interference or damage to the User's device or computer system which arises in connection with the use of the Tool.

   IrrigationNZ and/or SCADAfarm may suspend, modify or withdraw the Tool, or user access, at any time, including for maintenance, security risks, or other business reasons. Where possible, the User may be notified of any such changes.

3. Updates and Maintenance

   To improve and maintain the Tool, SCADAfarm may release updates and upgrades. Unless otherwise specified, these Terms of Use and the licence granted under the Terms of Use, will apply to any updates and upgrades to the Tool.

4. Privacy

   These Terms of Use and the Privacy Policy govern the collection, storage, and use of any personal information the User provides while using the Tool.

   SCADAfarm is responsible for collecting and managing User data. SCADAfarm will take reasonable steps to protect User data but cannot guarantee that transmissions over the internet are completely secure. Any information transmitted through the Tool is at the User's own risk.

5. User Information

   In relation to all information provided by the User in operating the Tool, the User warrants to IrrigationNZ and SCADAfarm:

   (a) that all information provided is true, accurate and correct in all respects and may be relied upon; and

   (b) that the use of such information does not and will not infringe the rights of any third party or parties and does not constitute a breach of the Copyright Act 1994.

   The User acknowledges that IrrigationNZ and SCADAfarm may access and aggregate non-personally identifiable data produced by the Tool to improve its functionality, identify high-level trends, refine the New Zealand Performance Assessment Code of Practice, be used in marketing and or training materials produced by IrrigationNZ in the context of its day to day business, and to support any future commercialisation of the Tool. Individual user data will be used solely for generating reports within the Tool and will not be used for direct marketing, commercial solicitation, or competitive market advantage without direct user approval.

6. Intellectual Property Rights

   The User retains ownership of any data they input into the Tool (User Data).

   The User acknowledges that IrrigationNZ and/or its licensors (including SCADAfarm as developer) own all Intellectual Property Rights in the Tool, including the software, embedded code, methodology, and branding. The User shall not, and shall not permit any third party to, take any action that would infringe on these Intellectual Property Rights.

7. Warranties and Liability

   All warranties and representations, including those implied by law, in respect of the Tool are excluded to the full extent permitted by law.

   Without limiting the above, IrrigationNZ and SCADAfarm do not warrant that the Tool or the results it produces:

   (a) Will meet the User's requirements; or

   (b) Will be uninterrupted and/or error-free.

   The User acknowledges that the performance of the Tool may be affected by factors outside of IrrigationNZ's or SCADAfarm's control.

   The User indemnifies IrrigationNZ and SCADAfarm against any loss or liability incurred due to a breach of these Terms of Use by the User.

   To the extent permitted by law, IrrigationNZ and SCADAfarm are not liable for any indirect, incidental, or consequential loss, including loss of profits or revenue, arising from the use of the Tool or the Data produced by it.

   Where legislation implies any condition or warranty that cannot be excluded, the User's sole remedy is to terminate the licence and delete their account.

8. Termination

   The User may stop using the Tool at any time and terminate their licence by deleting their account.

   If the User fails to comply with these Terms of Use, IrrigationNZ or SCADAfarm may block the User's access to the Tool. If access is blocked, the licence will terminate immediately.

9. Consumer Guarantees Act 1993

   The User acknowledges that the use of the Tool is solely for business purposes, and therefore, the Consumer Guarantees Act 1993 does not apply.

10. General

    These Terms of Use are governed by New Zealand law. The User submits to the jurisdiction of the New Zealand courts over any disputes relating to these Terms of Use.

    Nothing in these Terms of Use creates a partnership or agency relationship between the User and IrrigationNZ or SCADAfarm.

    IrrigationNZ and its licensors permit good faith, industry-based promotion of the Tool, provided that:

    (a) Proper attribution is given to SCADAfarm and IrrigationNZ

    (b) No ownership, authorship, or proprietary rights are inferred or misrepresented by the promoting party; and

    This permission does not grant any license to copy, distribute, or modify the Tool or its underlying software or data.

11. Fees, Upgrades, and Promotions

    Free Access: Access to the Service is currently provided free of charge.

    Future Charges: IrrigationNZ/SCADAfarm reserves the right to introduce fees for continued use of the Service, or for access to certain features, at any time in the future. If we do so, we will provide reasonable advance notice to users and give you the opportunity to discontinue use before charges apply.

    Specialist Upgrades: We may offer optional premium features, specialist tools, or upgrades (“Upgrades”) for which additional fees may apply. Details of such Upgrades, including pricing and payment terms, will be communicated at the time of offering, and you may choose whether or not to purchase them.

    Promotions and Advertising: The Service may display promotions, advertisements, or sponsored content. The nature and extent of such promotions may change without notice. We do not necessarily endorse any third-party products or services advertised through the Service.