PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE RUMINATI SITES, THE PLATFORM AND THE ACCOMPANYING USER DOCUMENTATION (TOGETHER REFERRED TO AS THE “RUMINATI SITES”).
1. WHO WE ARE AND HOW TO CONTACT US
www.ruminati.com.au and vision.ruminati.com.au are websites operated by Ruminati Technology Pty Ltd ACN 665 392 781 of 82 Glenmore Road, Paddington NSW 2021 (we, us and our).
To contact us, please email us at hello@ruminati.com.au
2. BY USING THE RUMINATI SITE YOU ACCEPT THESE TERMS
By using the Ruminati Sites, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use the Ruminati Sites.
3. WE MAY MAKE CHANGES TO THESE TERMS
We amend these terms from time to time. Every time you wish to use the Ruminati Sites, please check these terms to ensure you understand the terms that apply at that time.
These terms were most recently updated on 2 May 2024.
4. WE MAY MAKE CHANGES TO THE RUMINATI SITES
We may update and change the Ruminati Sites from time to time to reflect changes to our products, our users’ needs, changes in law and our business priorities or for any other reason.
5. WE MAY SUSPEND OR WITHDRAW THE RUMINATI SITES
We do not guarantee that the Ruminati Sites, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of the Ruminati Sites for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access the Ruminati Sites through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
6. ELIGIBILITY TO USE THE RUMINATI SITES
The Ruminati Sites are directed to users who are at least 18 years old and are residing in and using the Ruminati Sites within Australia and New Zealand. We do not represent that content available on or through the Ruminati Site is appropriate for use or available in other locations. If you access the Ruminati Site from outside Australia or New Zealand, you do at your risk and you are responsible for compliance with laws applicable to your accessing the Ruminati Sites from your location.
7. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us here.
8. HOW YOU MAY USE MATERIAL ON THE RUMINATI SITES
We are the owner or the licensee of all intellectual property rights in the Ruminati Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
8.1. HOW YOU MAY USE MATERIAL ON THE RUMINATI SITES
You may print off copies, and may download extracts, of any page(s) from the Ruminati Sites for your personal or organisation’s use and you may draw the attention of others to content posted on the Ruminati Sites.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on the Ruminati Sites must always be acknowledged.
You must not use any part of the content on the Ruminati Sites for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of the Ruminati Sites in breach of these Terms of Use, your right to use the Ruminati Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
You must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of materials from the Ruminati Sites.
8.2 RUMINATI VISION USERS
The provisions of item 8.1 above do not apply to Ruminati VISION users.
VISION users who have paid the applicable fee or subscription amount are entitled to use the material on the VISION platform in accordance with the following terms:
(a) to view farm summary data from other Ruminati Site Users who have provided their consent for you to do so. Once this data has been shared you will be able to view it in your Ruminati VISION Dashboard and continue to see updated data from that User until such a time as they revoke that consent at which point you will only see data previously shared.
(b) you may only use the data shared with you in Ruminati VISION for the purpose understanding farm level greenhouse gas emissions and reporting on those in an aggregated form.
(c) you must not on-share farm specific summary data with third parties without the separate prior consent of that Ruminati Site User.
(d) if you print off, copy or download material from your Ruminati VISION Dashboard and either cease to be a VISION user or receive notice of revocation of consent under item (a) above you must, if requested by us to do so, return or destroy any copies of the materials you have made.
9. DO NOT RELY ON INFORMATION ON THE RUMINATI SITE
The Ruminati Sites is provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Ruminati Site.
The content on the Ruminati Sites is provided for general information only. It is not intended to amount to advice on which you should rely.
Although we make reasonable efforts to update the information on the Ruminati Sites, we make no representations, warranties or guarantees, whether express or implied, that the content on the Ruminati Sites is accurate, complete or up-to-date.
10. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where the Ruminati Sites contain links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.
11. USER-GENERATED CONTENT AND YOUR DATA
The Ruminati Sites contain interactive features that allow you to enter or upload your data and information (User Contributions) into our platform to enable us to provide the services to you (collectively, Interactive Services).
All User Contributions must comply with the content standards set out in Clause 12 of these terms. We respect your privacy and take data protection seriously. In addition to these terms, our Privacy Statement sets out in detail how we process your own personal data that you enter when using the Interactive Services.
Any User Contribution you post to the Ruminati Sites will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, however by providing any User Contribution on the Ruminati Sites, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. We may create anonymised statistical data from the User Contribution, including through aggregation. Once anonymised, we may use it for our own purposes, such as to provide and improve our services, to develop new services or product offerings, to identify business trends, and for other uses.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Ruminati Sites constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any User Contribution you make on the Ruminati Sites if, in our opinion, your post does not comply with the content standards in Clause 12 of these terms.
You agree that we may contact you from time to time for marketing purposes associated with or relating to Ruminati products and services. If you would not like us to contact you for these purposes you can notify us in writing at any time and you have the ability to ‘opt out’ of receiving marketing materials.
You represent and warrant that:
- You own or control all rights in and to your User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
- All of your User Contributions do and will comply with these terms.
- You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you (and not us) have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
- We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Ruminati Site.
- We have the right to remove or take any other action with respect to any User Contributions for any or no reason in our sole discretion. If you wish to complain about information and materials uploaded by other users please contact us.
The Ruminati Site may also include information and materials uploaded by other users of the Ruminati Site, including to comment threads. This information and these materials have not been verified or approved by us. The views expressed by other users on the Ruminati Site do not represent our views or values.
12. CONTENT STANDARDS
The content standards in this clause 12 apply to any and all User Contributions and use of social media features. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. In particular, you warrant that your User Contributions will not:
- Contain any material which is defamatory, obscene, abhorrent, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Contain or promote sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trade mark, trade secret, copyright or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these terms and our privacy notice.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Whenever you make use of a feature that allows you to upload content to the Ruminati Sites, or to make contact with other users of the Ruminati Site, you must comply with the content standards in this clause 12.
You warrant that any such contribution complies with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We may report any breach of your warranty to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Ruminati Site will cease immediately.
13. LIMITATION OF LIABILITY
In no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Ruminati Sites, any websites linked to it, any content on the Ruminati Sites or such other websites or any services or items obtained through the Ruminati Sites or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.
You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms or your use of the Ruminati Site, including, but not limited to, your User Contributions, your use of any information obtained from the Ruminati Site and any use of the Ruminati Sites’ content, services and products other than as expressly authorised in these terms.
14. WE ARE NOT RESPONSIBLE FOR VIRUSES
We do not guarantee that the Ruminati Sites will be secure or free from bugs or viruses or any other type of malicious code or software.
You are responsible for configuring your technology to access the Ruminati Site. You should use your own antivirus software.
15. RULES ABOUT LINKING TO THE RUMINATI SITES
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The website in which you are linking must comply in all respects with the content standards set out in Clause 12.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
The Ruminati Sites must not be framed or mirrored on any other Site, nor may you create a link to any part of the Ruminati Sites other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on the Ruminati Sites other than that set out above, please contact us here.
16. AUSTRALIAN LAW APPLIES TO DISPUTES
These terms of use, their subject matter and their formation, are governed by the laws of New South Wales. You and we both agree that the courts in New South Wales will have exclusive jurisdiction.
17. OUR TRADE MARKS ARE REGISTERED
RUMINATI and all related names, logos, product and service names, designs and slogans are our trade marks or the trade marks of our affiliates or licensors. You must not use such marks without our prior written permission unless they are part of material you are using as permitted under Clause 8. Other names, logos, product and service names, designs and slogans on the Ruminati Site are the trade marks of their respective owners and are used by us under licence.
18. PROHIBITED USES
You may use the Ruminati Sites only for lawful purposes and in accordance with these terms. You agree not to use the Ruminati Sites:
- in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
- for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in Clause 12 of these terms;
- to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
- to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
- to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Ruminati Site, or which, as determined by us, may harm us or users of the Ruminati Site or expose them to liability.
Additionally, you agree not to:
- use the Ruminati Sites in any manner that could disable, overburden, damage, or impair the Ruminati Sites or interfere with any other party’s use of the Ruminati Sites, including their ability to engage in real time activities through the Ruminati Sites;
- use any robot, spider or other automatic device, process or means to access the Ruminati Sites for any purpose, including monitoring or copying any of the material on the Ruminati Sites;
- use any manual process to monitor or copy any of the material on the Ruminati Sites or for any other unauthorised purpose without our prior written consent;
- use any automatic or manual process to reverse engineer or decompile any part of the Ruminati Sites;
- use any device, software or routine that interferes with the proper working of the Ruminati Sites;
- introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful;
- attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Ruminati Sites, the server on which the Ruminati Sites is stored, or any server, computer or database connected to the Ruminati Sites;
- attack the Ruminati Sites via a denial-of-service attack or a distributed denial-of-service attack; or
- otherwise attempt to interfere with the proper working of the Ruminati Sites.
We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Ruminati Sites will cease immediately.
19. OTHER TERMS AND CONDITIONS
Additional terms and conditions may also apply to specific portions, services or features of the Ruminati Site. All such additional terms and conditions are incorporated by this reference into these terms.