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Terms of Use HeadsUp

Thank you for downloading the Headwaters App.  Please review the following Headwaters Terms of Use and Data Collection Policy (Terms) which apply to the use of the Headwaters App.   

 

  1. Definitions:  In the Terms: 

 

“Business Data” means information about the farming business you operate and includes information about the farming business registered in the app or obligated via a Headwaters Ram Supply Contract or Lumina Lamb Supply. 

 

“Headwaters”, “we”, “us” or “our” means Headwaters NZ Limited. 

 

“Headwaters App” means the app developed by Headwaters and referred to as "HeadsUp" which collects lamb supply forecasts, farm data file uploads, and carcass performance data to provide insight and transparency to farmers. 

 

“Headwaters Programme” means the breeding of ewes to Headwaters Ram's and the subsequent supply of their progeny to Alliance Group Limited as detailed in the Headwaters Ram Supply Contract and Lumina Lamb Supply Agreement.  

 

“including” and similar words do not imply any limit. 

 

“Loss” includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis. 

 

“Personal Information” has the meaning given to it in the Privacy Act 1993.  

 

“Terms” means these terms and conditions titled Headwaters App Terms of Use. 

 

“Underlying System” means any network, system, software, data or material that underlies or is connected to the Headwaters App. 

 

“User ID” means a unique name and/or password allocated to you to allow you to access certain parts of the Headwaters App.  

 

“You”, “your” means you, or if clause 1(a)(ii) applies, both you and the other person on whose behalf you are acting.  

 

2. Collection of Personal Information and Business Data 

a. As a supplier to Headwaters or any of our related businesses, you are required to provide certain information to us. 

b. The Headwaters App is designed to aid collection, storage and use of this information for the following purposes (Purpose): 

(i) To maintain a database of Headwaters members; 

(ii)To administer and develop our business, including administering and monitoring; 

(iii) To develop and publish a Headwaters “Leaderboard” which will recognise the top 10 Headwaters members in certain categories, e.g. % lambs in spec, forecasting accuracy etc. 

(iv) To conduct research and statistical analysis on the data collected; 

(v) To aid forecasting; 

(vi) To undertake benchmarking and measure progress on a range of metrics;  

(vii) To help improve your business, the business of other Headwaters members or the Headwaters business;  

(viii) To contact you and generally do business with you; and 

(ix) Any other purpose in connection with the Headwaters programme communicated to you from time to time.  

 

3. Terms and Conditions 

a. These Terms apply to your use of the Headwaters App and the collection and use of Personal Information and Business Data by us.  

b. By downloading, accessing or using the Headwaters App: 

(i) you agree to be bound by the Terms;  

(ii) where your access and use of the Headwaters App is on behalf of another person (e.g. a company, partnership, trust or other entity), you confirm that: 

1. you are authorised to do so; 

2. you are authorised to, and do in fact, agree to these Terms on that person’s behalf, and by doing so, that person is bound by these Terms.  

c. If you do not agree to these Terms, you are not authorised to access and use the Headwaters App and you must stop doing so.  

 

4. Changes:  We may change these Terms at any time by uploading new or revised terms or policies from time to time.  Any such change will apply from the date we upload the revised Terms. By continuing to access and use the Headwaters App, you agree to be bound by the revised Terms.  

5. Collection and use of Personal Information  

a. We may collect and hold Personal Information from you in connection with your registration for the Headwaters App and as a member of the Headwaters programme 

b. You do not have to provide us with information we request, however it may affect your ability to register for or access the Headwaters App. 

c. When you provide Personal Information to us, we will comply with the Privacy Act 1993. 

d. We will only use or disclose your Personal Information to the maximum extent required to allow you to register for the Headwaters App and for the Purpose.  

e. You have the right to access and request correction or deletion of any Personal Information that we hold about you, and full details of every organisation or person to whom we have disclosed information about you in accordance with clause 7, by contacting Headwaters by email at info@headwaters.net.nz.  

6. Collection and use of Business Data 

a. We may collect Business Data from you in connection with your registration for and use of the Headwaters App, and as a member of the Headwaters programme as required by the Headwaters Ram Supply Contract, Lumina Lamb Supply Agreement, HSC Lamb Grazing Agreement, and HSC Store Lamb Agreement.  

b. In providing us with the Business Data, you grant us a royalty free, perpetual license to use your Business Data for the Purpose.  

c. Wherever possible, we will use your Business Data for the Purpose on an anonymised or pooled basis.  

d. We will not use your Business Data for anything other than the Purpose, or make any attempt to sell or monetise your Business Data, without your consent. 

 

7. Disclosure of Personal Information or Business Data to third parties 

a. We will not disclose your Personal Information or Business Data to any other person without your specific consent except: 

(i) In order to make the Headwaters App available or develop its functionality (e.g. we may use a third party supplier to host or develop the Headwaters App);  

(ii) In connection with the purpose described in clause 2(b)(iii) (development of Headwaters “Leaderboard”); 

(iii) As is otherwise required to achieve the Purpose, provided that wherever possible, disclosure is made on an anonymised or pooled basis;  

(iv) In connection with the sale of the Headwaters business or assets; 

(v) Where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency. 

 

8. Your Obligations 

a. You agree to provide true, current and complete Personal Information and Business Data in your dealings with us (including when setting up an account) and must promptly update your information as required so that the information we hold about you remains true, current and complete.  

b. You must keep your User ID secure and: 

(i) not permit any other person to use your User ID, including not disclosing or providing it to any other person; and  

c. immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to info@headwaters.net.nz

d. You must not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Headwaters App or any Underlying System, or otherwise attempt to damage or interfere with the Headwaters App or any Underlying System. 

e. You indemnify us against any Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses the Headwaters App by using your User ID. 

 

9. Intellectual Property:  We (and our licensors) own all proprietary and intellectual property rights in the Headwaters App (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and looks and feel), and the Underlying Systems.  

 

10. Suspension and Termination:  Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Headwaters App (or any part of it). 

 

11. Disclaimers:  To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with: 

a. The Headwaters App being unavailable or performing slowly; 

b. Any error in, or omission from, any information made available through the Headwaters App; 

c. Any exposure to viruses or other forms of interference which may damage your computer or smart phone system or expose you to fraud when you access or use the Headwaters app.  To avoid doubt, you are responsible for ensuring the process by which you access and use the website protects you from this; and 

d. Any site linked from the Headwaters App.  Any link on the Headwaters App to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.  

12. Liability:  To the maximum extent permitted by law: 

a. You access and use the Headwaters App at your own risk; and 

b. We are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Headwaters App, or your access and use of (or inability to access or use) the Headwaters App.  This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.  

 

13. General: 

a. Governing law:  These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Headwaters App.  

b. Survival:  Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4(d), 6, 7, 8, continue in force. 

c. Waiver:  For us to waive a right under these Terms, the waiver must be in writing. 

d. Severance:  If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you. 

e. Entire Agreement:  These Terms set out everything agreed by the parties relating to your use of the Headwaters App and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms.  

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