Following documents may be found below:

• SCR - EULA (26 October 2018)
• SCR - ToU - Go Model (26 October 2018)
• SCR - ToU - Up Model (26 October 2018)
• 2018 Privacy Policy (26 October 2018)

 

 

END USER SYSTEM LICENSE AGREEMENT

THIS AGREEMENT APPLIES TO (BUT IS NOT LIMITED TO) THE SENSEHUB AND HEALTHYCOW24 PRODUCT RANGES.

READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING WITH THE INSTALLATION OF THE SOFTWARE.

THIS AGREEMENT APPLIESTO ALL VISITORS, USERS AND OTHERS WHO ACCESS OR USE THE SYSTEM.

ALL USE OF THE SYSTEMIS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. BY USING THE SYSTEM, YOU ARE ACCEPTING THIS AGREEMENT AND AGREEING TO BE BOUND BY ITS TERMS. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SYSTEM.

THIS AGREEMENT APPLIES TO ALL VISITORS, USERS AND OTHERS WHO ACCESS OR USE THE SYSTEM, EACH OF WHOM ACT ON YOUR BEHALF AND YOU ARE RESPONSIBLE FOR THE ACTS AND OMISSIONS OF SUCH VISITORS, USERS AND OTHER PERSONS AS IF THEIR ACTS AND OMISSIONS ARE YOURS.

THIS AGREEMENT GOVERNS YOUR CURRENT AND FUTURE USE OF THE SYSTEM AND SUPERSEDES ANY PREVIOUS AGREEMENTS YOU HAVE WITH SCR OR ITS AFFILIATES REGARDING THE SYSTEM.

THIS AGREEMENT ALSO GOVERNS THE OWNERSHIP AND USE OF DATA (INCLUDING ANY USER DATA), SCR IP AND DELIVERABLES, WHICH WAS COLLECTED, PRODUCED OR GENERATED BY SCR OR ITS AFFILIATES BEFORE ON OR AFTER THE DATE OF THIS AGREEMENT.

Unless otherwise defined, capitalisedterms used throughout this Agreement have the meanings stated in Annex I attached hereto.

1. LICENSE.

   (a) SCR hereby grants you, and you hereby accept, a personal, revocable, non-transferable, non-exclusive licence during the Term to use the Systemin the following manner: (i) installing and using the System at the Location; and (ii) accessing the Deliverables, all solely for your own internal business operations, but for no other purpose, subject to your compliance with this Agreement and any other applicable terms of use (the "Licence")

   (b) You shall be responsible for all users accessing the System from your Location(you and them each being a "User"), including ensuring that such users shall use the System strictly in accordance with this Agreement and other applicable terms of use. Any use of the System by you or a User contrary to the provisions of this Agreement, shall be deemed as a material breach by you of this Agreement.

   (c) During the Term, and at all times during your use of the System you shall comply with all applicable laws, rules and regulations.

2. USER DATA.

   (a) SCR acknowledges that User Data shall be owned by you and SCR shall have no rights in connection with the User Data, except as expressly permitted in this Agreement, any applicable SCR terms of use and in the Privacy Policy.

   (b) You represent and warrant that: (i) you own the Intellectual Property Rights in respect of your User Data, and have obtained all necessary licence(s), permission(s), consent, and made any necessary disclosures, to use your User Data and permit SRC and its affiliates to use and disclose the User Data as contemplated by this Agreement; (ii) you have the rights necessary to grant the licence and rights to SCR in Section 3(d); and (iii) your User Data does not violate or infringe any Intellectual Property Right or other right, including any proprietary right, any right of publicity or privacy, of any person, company or entity, or other third party.

   (c) You shall indemnify, defend, and hold harmless SCR, its affiliates, and their respective directors, officers, employees and agents, from and against any loss, cost, expense or liability, resulting from or arising out of (i) any non-conformity to laws, rules and regulations relating to the User Data as above, and (ii) any third party claim brought against SCR to the extent that such third party claim alleges that the User Data or any portion thereof, infringes any Intellectual Property Rights of a third party.

3. SCR INTELLECTUAL PROPERTY RIGHTS

   (a) All right, title, and interest in and to theSystem (including but not limited to all Intellectual Property Rights in the Software, Tag Devices,System Terminaland Documentation are and shall remain the exclusive property of SCR. Nothing in this Agreement constitutes a waiver of SCR's Intellectual Property Rights under any law. You acknowledge that youare not granted any title or ownership rights in or to theSystem, except for the limited right of use of the System expressly set forth in Section 1(a) ofthis Agreement.

   (b) You acknowledgethatthe Data and the Deliverables, excluding the User Data(whether collected or generated before on or after the date of this Agreement) and all Intellectual Property Rights therein (the “SCR IP”) belongsexclusively to SCRand to the extent not already owned by SCR are hereby assigned to SCR by you (in the case of future Data and Deliverables and Intellectual Property Rights therein, with effect immediately upon their creation and as a future assignment of copyright). The SCR IPshall remain the exclusiveproperty of SCR during and after the Termand you must not use or disclose any Data except as expressly permitted by this Agreement.

   (c) If for any reason whatsoever, including under applicable law, the assignment of the rights to theSCR IPabove is not effective, you hereby unconditionally and irrevocably: (i) waive the enforcement of your rights under applicable law with respect to the Deliverables; and (ii) grant SCR an exclusive, irrevocable, perpetual, transferable,sublicenseable, royalty-free, worldwide licence to use, load, execute, store, transmit, display, copy adapt, translate, amend, modify, enhance, maintain, further develop and prepare derivative works from such SCR IP.

   (d) To the extent that any Deliverables contain any User Data, you hereby grant SCR a non-exclusive, perpetual, irrevocable, transferable, sublicenseable, royalty-free, fully paid up, worldwide licence and right to use, load, execute, store, transmit, display, publish, copy adapt, translate, amend, modify, enhance, maintain, further develop, prepare derivative works from, commercialise and otherwise exploit such User Data for any purpose

   (e) SCR hereby grants you, and you hereby accept, a personal, revocable, non-transferable, non-exclusive licence during the Term to use the Deliverables solely for your own internal business operations, but for no other purpose, subject to your compliance with this Agreement and any other applicable terms of use.

   (f) SCR reserves all proprietary rights in and to (i) all designs, engineering details and other data pertaining to the System (subject to Section 4 below), (ii) all original works, computer programs, discoveries, inventions, know-how, and techniques arising out of the System, and/or (iii) any and all products or services developed as a result of the System.The System contains trade secrets of SCR, including, without limitation, the source code version and the specific design of the Software.

   (g) You shall promptly notify SCR in writing of any infringement or other violation of SCR's Intellectual Property Rights (including the SCR IP) of which you become aware and shall reasonably cooperate with SCR, at SCR's expense, in the defence and protection of such Intellectual Property Rights.

4. PROHIBITED USES. .

   (a) Prohibited Uses of the System.Except and only to the extent any of the following restrictions are specifically prohibited by applicable law or to the extent as may be specifically permitted by the licensing terms governing use of any open sourced components included with the Software, you agree not to (i) modify, adapt, translate, decompile, disassemble or reverse engineer the System, or in any other manner decode the System, or create derivative works based thereon; (ii) sell, licence (or sublicence), lease, assign, transfer, pledge, or share your rights under this Agreementwith/to anyone else; (iii) place the Software onto a server so that it is accessible via a public network; (iv) use any back-up or archival copies of the Software (or allow someone else to use such copies) for any purpose other than to replace an original copy if it is destroyed or becomes defective, service bureau, or outsourcing arrangement, or to otherwise utilize the System in any manner not expressly allowed under this Agreement; (v) create any unauthorized Internet “links” to the System, or “frame” or “mirror” any content of the System on any other server or wireless or Internet-based device; (vi) copy any proprietary ideas, features, functions or graphics of the System; (vii) remove or alter any patent numbers, trade names, copyright notices, trademark notices, serial numbers, labels, tags or other identifying marks, symbols or legends included in and/or otherwise affixed to or embedded in the System or any part or parts thereof; (viii) use the facilities or capabilities of the System to conduct any illegal activity, solicit the performance of any illegal activity, or engage in any other activity which infringes upon the rights of SCR or any third party; or (ix) link the System to any third party system (other than as permitted by SCR).

   (b) Prohibited Uses of SCR IP.You agreethatyoushall not(i) copy anySCR IP in any format whatsoever; (ii) transmitany SCR IP in any format to anyotherthird party; and (iii) licence, rent, sellor allowaccess to anySCR IP to third parties in any format whatsoever.

5. AVAILABILITY. SCR undertakes that it will use its reasonable best efforts to attempt to provide the access to the System 24 hours a day, 7 days a week. However, there will be occasions when access to the System will be interrupted for maintenance, upgrades and repairs, which you acknowledge that the aforementioned is a necessary function conducted by SCR, or as a result of failure of telecommunications links and equipment that are beyond SCR’s control. To the extent permitted by applicable law and subject to any mandatory provisions of the law of the country in which you are resident,SCR shall bear neither responsibility nor liability for any loss of revenue or User Data that may result therefrom. YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO ANY MANDATORY PROVISIONS OF THE LAW OF THE COUNTRY IN WHICH YOU ARE RESIDENT, THE SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE TO ACCESS THE SYSTEM IS TO TERMINATE THIS AGREEMENT BY NOTICE TO SCR.SCR may modify or discontinue, temporarily or permanently the System or any portion thereof, at any time in its sole discretion. SCR has no obligation to store, maintain or provide you a copy of any content that you provide when using the System. You are responsible for securing and maintaining your own User Data.
   
   
6. WARRANTY DISCLAIMER.

   6.1 THE SYSTEM IS PROVIDED BY SCR ON AN "AS-IS" BASIS, AND TO THE FULLEST EXTENT PERMITTEDBY APPLICABLE LAWAND SUBJECT TO ANY MANDATORY PROVISIONS OF THE LAW OF THE COUNTRY IN WHICH YOU ARE RESIDENT,SCR HEREBY EXCLUDES AND DISCLAIMS ALL CONDITIONS, WARRANTIES, GUARANTEES AND REPRESENTATIONS OF ANY KIND OR NATURE, THAT ARE NOT EXPLICITLY PROVIDED FOR IN THIS AGREEMENT,WHETHER WRITTEN OR ORAL, STATUTORY, CUSTOMARY, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION), IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. IN ADDITION, SCR EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY WITH RESPECT TO LIABILITY FOR COMPLIANCE WITH LAWS, REGULATIONS, OR OTHER OFFICIAL GOVERNMENT RELEASES APPLICABLE TO THE END USER, WHICH SHALL BE YOUR SOLE RESPONSIBILITY.YOU EXPRESSLY AGREE THAT SCR DOES NOT REPRESENT OR WARRANT THAT THE OPERATION OF THE SYSTEM WILL BE ACCURATE,UNINTERRUPTED OR ERROR-FREE.

7. EXCLUSION OF CONSEQUENTIAL DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT IN RESPECT OF DEATH OR PERSONAL INJURY TO THE EXTENT CAUSED BY SCR'S NEGLIGENCE, SCR SHALL NOT BE LIABLE (WHETHER INCONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) TO YOU OR ANY THIRD PARTY FOR ANY:(I) INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES; OR (II) ANY LOSS OR DAMAGE TO BUSINESS EARNINGS, LOST PROFITS OR GOODWILL AND LOST OR DAMAGED DATA OR DOCUMENTATION, SUFFERED BY ANY PERSON, ARISING FROM AND/OR RELATED WITH AND/OR CONNECTED TO ANY USE OF THE SYSTEM, EVEN IF SCR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.NOTHING IN THESE TERMS LIMITS OR EXCLUDES THE LIABILITY OF SCR AND ITS AFFILIATES TO THE EXTENT NOT PERMITTED BY APPLICABLE LAW.
   
   
8. LIMITATION OF LIABILITY. THEMAXIMUM CUMULATIVE LIABILITY OF SCR AND ITS AFFILIATES UNDER THIS AGREEMENT, INCLUDING LIABILITY ARISING OUT OF THE USE OF THE SYSTEM, WILL BE LIMITED TO: (I) THE AMOUNT OF THE TOTAL CONSIDERATION PAID TO SCR BY YOU FOR THE TAG DEVICES; OR IF HIGHER (II) £5,000.NOTHING IN THESE TERMS LIMITS OR EXCLUDES THE LIABILITY OF SCR AND ITS AFFILIATES TO THE EXTENT NOT PERMITTED BY APPLICABLE LAW.
   
   
9. TERM AND TERMINATION. This Agreement shall commence when you click to accept these terms and shall continue until termination in accordance with this Agreement("Term"). SCR shall have the right to terminate this Agreement if you fail to comply with the terms of this Agreement,and your ability to use the System automatically terminate. Upon termination: (i) your entitlement to any licence underthis Agreement and any applicable terms of use shall automatically terminate and you shall discontinue all further use of the System and Deliverables; and (ii) you shall promptly return, delete or destroy(at SCR’s sole discretion) all Deliverables in your possession in any format whatsoever. Sections 1, 2(c), 3(b), 6, 7, 8, 9 and 10 shall survive any termination of this Agreement.
   
   
10. 10. GOVERNING LAW & JURISDICTION.This Agreement, and any non-contractual obligations arising from it or in connection with it,shall be governed by the laws of England and Wales, however you will continue to benefit from any mandatory provisions of the law of the country in which you are resident (and nothing in this Agreement affects your rights as a consumer to rely on such mandatory provisions).In the event of any conflict or dispute arising out of or in relation to this Agreement or its formation which you are not able to resolve by contacting us, you can bring legal proceedings in the courts of England and Wales (or other competent courts). Alternatively, you may submit any dispute to the European Commission Online Dispute Resolution platform for online resolution
    
    
    

Annex I

 

 

SCR TERMS OF USE - GO MODEL

THIS AGREEMENT APPLIES TO (BUT IS NOT LIMITED TO) THE SENSEHUB PRODUCT RANGE.

SCR (ENGINEERS) LTD A COMPANY INCORPORATED AND REGISTERED IN THE STATE OF ISRAEL WITH COMPANY NUMBER 510728967 WHOSE REGISTERED OFFICE IS AT 18 HA'MELACHA ST., NETANYA, ISRAEL ("SCR").

SCR OFFERS THE ACCOUNT HOLDER NAMED ON THE PURCHASE ORDER (REFERRED TO AS "ACCOUNT HOLDER", "YOU" AND "YOUR") THE USE OF THE APPLICATION PLANS STRICTLY UNDER THE FOLLOWING TERMS OF USE INCLUDING THE ATTACHED ANNEXES ("AGREEMENT").

PLEASE READ THIS AGREEMENT CAREFULLY. THE PERSON CLICKING TO ACCEPT THIS AGREEMENT AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT FOR AND ON BEHALF OF THE ACCOUNT HOLDER. IF THE PERSON CLICKING TO ACCEPT THIS AGREEMENT IS NOT THE ACCOUNT HOLDER, THEN BY CLICKING TO ACCEPT THIS AGREEMENT THEY ARE WARRANTING, REPRESENTING AND UNDERTAKING THAT THEY ARE AUTHORISED TO ACT ON BEHALF OF THE ACCOUNT HOLDER IN ACCEPTING THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE APPLICATION PLANS.

YOUR ACCESS TO AND USE OF THE APPLICATION PLANS IS CONDITIONALUPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THE END USER LICENCE AGREEMENT, THIS AGREEMENT, THE PRIVACY POLICY AND ANY OTHER APPLICABLE TERMS THAT WE NOTIFY YOU OF. THIS AGREEMENT APPLY TO ALL VISITORS, USERS AND OTHERS WHO ACCESS OR USE THE APPLICATION PLAN, EACH OF WHOM ACT ON YOUR BEHALF AND YOU ARE RESPONSIBLE FOR THE ACTS AND OMISSIONS OF SUCH VISITORS, USERS AND OTHER PERSONS AS IF THEIR ACTS AND OMISSIONS ARE YOURS.

THIS AGREEMENT GOVERNS YOUR CURRENT AND FUTURE USE OF THE APPLICATION PLANS AND SUPERSEDES ANY PREVIOUS AGREEMENTS YOU HAVE WITH SCR OR ITS AFFILIATES REGARDING THE APPLICATION PLANS.

THIS AGREEMENT ALSO GOVERNS THE OWNERSHIP AND USE OF DATA (INCLUDING ANY USER DATA), SCR IP AND DELIVERABLES, WHICH WAS COLLECTED, PRODUCED OR GENERATED BY SCR OR ITS AFFILIATES BEFORE, ON, OR AFTER THE DATE OF THIS AGREEMENT.

Unless otherwise defined, capitalized terms used throughout this Agreement have the meanings stated in Annex I attached hereto.

1. BACKGROUND.

   SCR owns and operates the Application Plans, which enable you access to the Deliverables based on the Application Plans level you subscribe to, as further detailed in Annex II. Any time you purchase a Tag Device you are obliged to purchase the equivalent Application Plan.

2. RIGHTS OF USE.

   Subject to payment of all relevant fees as required under the relevant Application Plan, SCR hereby grants you a personal non-exclusive, revocable, non-transferable and non-sublicensable limited licence to download and use the Application Plans from the Location during the Term solely for the purpose of accessing the Deliverables for your own internal business operations, but for no other purpose, subject to your compliance with the terms and conditions of this Agreement.

3. RESTRICTIONS.

   3.1 Prohibited Uses of Application Plans.Your use of the Application Plans as permitted is solely for your own use in the Locations. Except to the extent such restrictions are not permitted under applicable law, you shall not directly or indirectly: (i) create any derivative works based upon the Data; (ii) copy or distribute any part of the Data and/or Application Plans in any medium; (iii) alter or modify any part of the Data; (d) publish, rent, lease, lend, sell, sublicense, distribute, transfer, disclose, or otherwise make the Application Plans and/or the Data available to any third party; (iv) remove or alter any proprietary notices or labels on or in the Application Plans; (v) use the Application Plans to infringe the rights of SCR or any third party, or in any way that does not comply with all applicable laws; (vi) access all or any part of Application Plans in order to build a product or service which competes with the Application Plans; (vii) copy or imitate any features, functions or graphics of the Application Plans; or (viii) otherwise utilize the Application Plans in any manner not expressly allowed under this Agreement. You shall notify SCR promptly and in writing, if you become aware of any unauthorized third party access to, or use of, the Application Plans.

   3.2 Prohibited Uses of Deliverables.You agree that you shall not (i) copy any Deliverables in any format whatsoever; (ii) transmit any Deliverables in any format to any other third party; and (ii) licence, rent, sell or allow access to any Deliverables to third parties in any format whatsoever.

4. PAYMENT.

   4.1 The use of the Application Plans is subject to the payment of the fees, as described on the Purchase Order ("Fees"), either directly to SCR or a service provider of SCR authorised to provide the Application Plans to you on SCR’s behalf ("Service Provider");such Fees may be based on the number of Tag Devices ordered by you. The payment of the Fees shall be made as a fixed monthly fee for the Term at the amount and intervals specified in the Purchase Order, subject to the option of early termination, as specified in Section 10 below.The Fees may bepaid to SCR or the Service Provider by way of an authorization to debit your bank account (the "Debit"), and you agree to sign any form you are reasonably requested to sign in respect to such Debit. SCR expressly reserves the right to terminate this Agreement in the event that the Fees or any part thereof shall not be fully paid to SCR or the Service Provider. Except as stated otherwise in this Agreement, your obligation to pay any and all Fees will survive any termination of this Agreement. SCR shall have the right to suspend your use of the System and/orthe Application Plansin the event that you fail to pay the Fees or any part of the Fees after two consecutive months to SCR or the Service Provider. Purchasing additional Tag Devices will modify the related monthly Fees. The payment for any type of Application Plans level includes payment for the Link Services.

5. UPGRADE OF APPLICATION PLAN LEVEL.

   5.1 You may, from time to time, upgrade the Application Plan level initially chosen by you in the Purchase Order, subject to the payment of an upgrade Fee as set out in the Purchase Order. In the event that you request an upgrade to the Application Plan level, the monthly Fee will be increased accordingly the following month to account for the upgrade Fee.

6. MODIFICATIONS.

   6.1 Any modifications to the Purchase Order (including, but not limited to, upgradeof Application Plans level and changes in the payment model) may be subject to the payment of a modification fee of 3% of the total Fees you are required to pay under such Purchase Order (the "Modification Fee"). You acknowledge that the Modification Fee will be paid by you to SCR or to the Service Provider in addition to any other payments you will be required to pay under the Purchase Order and/or this Agreement.

7. UPDATES.

   7.1 You acknowledge that SCR may, from time to time, update or modify any components and/or features of the Application Plans at its sole discretion, without prior notice to you, provided that there will be no material decrease in functionality. Any new components and features will be subject to this Agreement, as well as any additional terms of use that SCR may release for those specific services or features.

8. INTELLECTUAL PROPERTY.

   8.1 This Agreement grants no ownership rights to you or any other party in respect of the Application Plans, and all right, title and interest in and to the Application Plans(including but not limited to theIntellectual Property Rights) shall be the exclusive property and shall at all times remain with SCR.

   8.2 You acknowledge that the Data and Deliverables, excluding the User Data (whether collected or generated before on or after the date of this Agreement) and all Intellectual Property Rights therein ("SCR IP") belong exclusively to SCR and to the extent not already owned by SCR are hereby assigned to SCR by you (in the case of future Data and Deliverables and Intellectual Property Rights therein, with effect immediately upon their creation, including as a future assignment of copyright). The SCR IP shall remain the exclusive property of SCR during and after the Term and you must not use or disclose any Data except as expressly permitted by this Agreement. If for any reason whatsoever, including under applicable law, the assignment of the rights to the SCR IP above is not effective, you hereby unconditionally and irrevocably: (i) waive the enforcement of your rights under applicable law with respect to the SCR IP; and (ii) grant SCR an exclusive, irrevocable, perpetual, transferable, sublicenseable, royalty-free, worldwide licence to use, load, execute, store, transmit, display, copy adapt, translate, amend, modify, enhance, maintain, further develop and prepare derivative works from such SCR IP.

   8.3 To the extent that any Deliverables contain any User Data, you hereby grant SCR a non-exclusive, perpetual, irrevocable, transferable, sublicenseable, royalty-free, fully paid up, worldwide licence and right to use, load, execute, store, transmit, display, publish, copy adapt, translate, amend, modify, enhance, maintain, further develop, prepare derivative works from, commercialise and otherwise exploit such User Data for any purpose.

   8.4 SCR hereby grants you, and you hereby accept, a personal, revocable, non-transferable, non-exclusive licence during the Term to use the Deliverables solely for your own internal business operations, but for no other purpose, subject to your compliance with this Agreementand any other applicable terms of use.

9. USER DATA.

   9.1 SCR acknowledges that it shall have no rights in connection with the User Data, except as expressly permitted in this Agreement, any other applicable SCR terms and the Privacy Policy. You represent and warrant that: (a) you own the Intellectual Property Rights in respect of the User Data and have obtained all necessary licence(s), permission(s), consents, and made any necessary disclosures to use the User Data and permit SCR and its affiliates to use and disclose the User Data as contemplated by this Agreement; (b) you have the rights necessary to grant the licence and rights to SCR in Section 8.3 of this Agreement; and (c) your User Data does not violate or infringe any Intellectual Property Right or other right, including, any proprietary right, any right of publicity or privacy, of any person, company or entity, or other third party.

10. TERM AND TERMINATION.

    10.1 This Agreement shall commence when youof your authorised representative click(s) to accept this Agreement and shall continue for a period depending on the type of Tag Devices chosen by you in the Purchase Order, as follows: (i) for neck tags (cSense or other products) 84 months; (ii) for ear tags (eSense or other products) 36 months, (respectively the "Term").

    10.2 You may terminate this Agreement prior to the end of the relevant Term on written notice subject to the payment of an early termination fee in an amount equal to 50% of the remaining Fees you are required to pay under the Purchase Order from the date of termination to the end of the Term, unless agreed otherwise in writing by an authorised representative of SCR only.

    10.3 In addition, this Agreement may be immediately terminated by SCR if you fail to comply with any term or condition of this Agreement.

    10.4 Upon termination or expiry of this Agreement, the following provisions shall apply: (i) your entitlement to any licence to SRC IP under this Agreement shall expire and you shall discontinue all further use of the Application Plans and Deliverables; and (ii) you shall promptly return or destroy the Deliverables and other SCR IP in your possession (at SCR’s sole discretion)in any format whatsoever.

11. AVAILABILITY.

    11.1 SCR undertakes that it will use its reasonable endeavours to attempt to provide the access to the Application Plans 24 hours a day, 7 days a week. However, there will be occasions when access to the Application Plans will be interrupted for maintenance, upgrades and repairs, which you acknowledge that the aforementioned is a necessary function conducted by SCR, or as a result of failure of telecommunications links and equipment that are beyond SCR’s control.To the extent permitted by applicable law and subject to any mandatory provisions of the law of the country in which you are resident, SCR shall bear neither responsibility nor liability to you in any manner whatsoever, including for any loss of revenue or User Data that may result therefrom.

12. WARRANTY DISCLAIMER.

    12.1 THE APPLICATION PLANS PROVIDED UNDER THIS AGREEMENT ARE PROVIDED BY SCR ON AN "AS-IS" BASIS, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO ANY MANDATORY PROVISIONS OF THE LAW OF THE COUNTRY IN WHICH YOU ARE RESIDENT, SCR HEREBY EXCLUDES AND DISCLAIMS ALL CONDITIONS, WARRANTIES, GUARANTEES AND REPRESENTATIONS OF ANY KIND OR NATURE, THAT ARE NOT EXPLICITLY PROVIDED FOR IN THIS AGREEMENT WHETHER WRITTEN OR ORAL, STATUTORY, CUSTOMARY, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION), IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE (OTHER THAN A PURPOSE OR USE STATED OR CONFIRMED BY US). IN ADDITION, SCR EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY WITH RESPECT TO LIABILITY FOR COMPLIANCE WITH LAWS, REGULATIONS, OR OTHER OFFICIAL GOVERNMENT RELEASES APPLICABLE TO THE END USER, WHICH SHALL BE YOUR SOLE RESPONSIBILITY.YOU EXPRESSLY AGREE THAT SCR DOES NOT REPRESENT OR WARRANT THAT THE OPERATION OF THE APPLICATION PLANS WILL BE ACCURATE, UNINTERRUPTED OR ERROR-FREE.

    12.2 IF ANY GUARANTEE, WARRANTY, TERM OR CONDITION IS IMPLIED OR IMPOSED IN RELATION TO THIS AGREEMENT UNDER CONSUMER LAW OR ANY OTHER APPLICABLE LEGISLATION IN ANY JURISDICTION AND CANNOT BE EXCLUDED (A "NON-EXCLUDABLE PROVISION"), AND WE ARE ABLE TO LIMIT YOUR REMEDY FOR A BREACH OF THE NON-EXCLUDABLE PROVISION, THEN OUR LIABILITY FOR BREACH OF THE NON-EXCLUDABLE PROVISION IS LIMITED TO ONE OR MORE OF THE FOLLOWING AT OUR OPTION:

    (a) IN THE CASE OF SERVICES, THE RESUPPLY OF THE SERVICES OR THE COST OF HAVING SERVICES SUPPLIED AGAIN; AND

    (b) IN THE CASE OF GOODS, THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, THE REPAIR OF SUCH GOODS, THE PAYMENT OF THE COST OF REPLACING THE GOODS OR ACQUIRING EQUIVALENT GOODS, OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED.

13. EXCLUSION OF CONSEQUENTIAL DAMAGES.

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT IN RESPECT OF DEATH OR PERSONAL INJURY TO THE EXTENT CAUSED BY SCR'S NEGLIGENCE, SCR SHALL NOT BE LIABLE (WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) TO YOU OR ANY THIRD PARTY FOR ANY: (I) INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES; OR (II) ANY LOSS OR DAMAGE TO BUSINESS EARNINGS, LOST PROFITS OR GOODWILL AND LOST OR DAMAGED DATA OR DOCUMENTATION, SUFFERED BY ANY PERSON, ARISING FROM AND/OR RELATED WITH AND/OR CONNECTED TO ANY USE OF THE APPLICATION PLANSOR DELIVERABLES (INCLUDING RELIANCE ON THE DELIVERABLES), EVEN IF SCR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. LIMITATION OF LIABILITY.

    THE MAXIMUM CUMULATIVE LIABILITY OF SCR AND ITS AFFILIATES UNDER THIS AGREEMENT, INCLUDING LIABILITY ARISING OUT OF THE USE OF THE APPLICATION PLANS OR DELIVERABLES (INCLUDING RELIANCE ON THE DELIVERABLES), WILL BE LIMITED TO: (I) THE AMOUNT OF THE TOTAL FEES PAID TO SCR BY YOU ACCORDING TO THE PURCHASE ORDER; OR IF HIGHER (II) £5,000. NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES THE LIABILITY OF SCR AND ITS AFFILIATES TO THE EXTENT NOT PERMITTED BY APPLICABLE LAW.

15. AMENDMENTS.

    15.1 SCR reserves the right to make, from time to time, changes and updates to this Agreementto reflect changes to SCR’s products and services, for the purposes of reflecting changes in law or regulation or as otherwise reasonably required, and such amended terms shall be posted at the SCR Website. SCR will provide you with notice of such changes and updates not less than 30 days before they take effect. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the Application Plans after changes are posted shall constitute acceptance of the amended Terms. If any change or update material adversely impact you and consequentially are not acceptable to you, you may terminate this Agreement by notifying SCR in writing prior to the date when such change or update takes effect, and in such case, you will be entitled to a pro rata refund of any portion of the Fees paid in respect of the period of the Term remaining following the effective date of such termination.

16. GOVERNING LAW & JURISDICTION.

    16.1 This Agreement, and any non-contractual obligations arising from or in connection with them, shall be governed by the laws of England and Wales, however you will continue to benefit from any mandatory provisions of the law of the country in which you are resident (and nothing in this Agreement affects your rights as a consumer to rely on such mandatory provisions). Inthe event of any conflict or dispute arising out of this Agreement or its formation which you are not able to resolve by contacting us, you can bring legal proceedings in the courts of England and Wales (or other competent courts). Alternatively, you may submit any dispute to the European Commission Online Dispute Resolution platform for online resolution

17. CONTACT

    17.1 You can contact us at This email address is being protected from spambots. You need JavaScript enabled to view it.

Last updated: October 15th, 2018

 

Annex I

"Agreement"	has the meaning provided in the Preamble.
"Application Plans"	means SCR's software applications which are made available to you through the System. The Application Plans currently available are provided in Annex II.
"Data"	all data, text, drawings and other materials which are collected, embodied, processed, generated or developed in any medium whatsoever, including all electronic, optical, magnetic or tangible media, during any part of the processing lifecycle of end user data, including the development of Deliverables, except that the definition of “Data” shall not include any "User Data".
"Debit"	has the meaning given in Section 4.1.
"Deliverables"	means the analysis and reports generated by, or being the output of, the System or the Devices, on, after or before the date of this Agreement including the results of the processing by the System of the Data and/or the User Data.
"Devices"	means any materials provided to you by SCR describing the use and/or functionality of the Application Plans or any part thereof. Documentation may be provided, in any form, such as electronic, print or magnetic media, and includes product user manuals, reference manuals and installation guides or on-line help.
"Fees"	has the meaning given in Section 4.1.
"Intellectual Property Rights"	means all current and future worldwide intellectual property rights including, without limitation, rights to inventions and creations, copyrights, mask work rights, rights in semi-conductor topography, trade secrets and know-how, trademarks and service marks, designs, formulas, algorithms, procedures, methods, techniques, programs and other similar materials, and all recordings, graphs, drawings, reports, analyses, other writings, and any other embodiment of the foregoing, in any form, whether or not specifically listed herein, which may subsist in any applicable jurisdiction, and applications and registrations for and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from any of the foregoing and all similar or equivalent rights or forms of protection together with all related rights and powers arising or accrued, including the right to bring, make, oppose, defend, appeal proceedings, claims or actions and obtain relief (and to retain any damages recovered) in respect of any infringement, or any other cause of action arising from ownership, of any of these rights, in each case whether subsisting now or in the future.
"Link Services"	means SCR's capability to link the System with third party servers for the purpose of sharing information related to your livestock with authorised third parties.
"Location(s)"	means your physical locations in which the Application Plans are installed.
"Modification Fee"	has the meaning provided in Section 6.1
"Privacy Policy"	SCR’s privacy policy that sets out, among other things, how SCR handles your personal data.
"Purchase Order"	means the purchase order to which this Agreement are attached.
"SCR"	means SCR (Engineers) Ltd a company incorporated and registered in the State of Israel with company number 510728967 whose registered office is at 18 Ha'Melacha St, Netanya, Israel.
"SCR IP"	has the meaning provided in Section 8.2.
"Service Provider"	has the meaning provided in Section 4.1.
"Software"	means SCR's proprietary and generic software (in object code only), embedded into the Tag Device and on SCR's servers, which is given to you before, on or after the date of this Agreement by SCR (including on a CD or other device to load on a PC or provided via the internet in the "cloud").
"System"	means SCR's livestock identification and monitoring offering, including the Software, Tag Devices, System terminals and Documentation.
"Tag Device"	means any hardware infrastructure (including an ear or neck or any other hardware including any operating system embedded therein) supplied by SCR and placed on the livestock.
"Term"	has the meaning provided in Section 10.1.
"User Data"	means the Data that you provide or which is otherwise input into the Tag Devices by you or by virtue of the animal’s movements which constitutes the raw, unprocessed data of the animal’s movements, excluding any personal data as defined under, and which shall be governed by, our Privacy Policy

 

 

Annex II

SCR TERMS OF USE - UPMODEL

THIS AGREEMENT APPLIES TO (BUT IS NOT LIMITED TO) THE SENSEHUB PRODUCT RANGE.

SCR (ENGINEERS) LTD A COMPANY INCORPORATED AND REGISTERED IN THE STATE OF ISRAEL WITH COMPANY NUMBER 510728967 WHOSE REGISTERED OFFICE IS AT 18 HA'MELACHA ST., NETANYA, ISRAEL ("SCR").

SCR OFFERS THE ACCOUNT HOLDER NAMED ON THE PURCHASE ORDER (REFERRED TO AS "ACCOUNT HOLDER", "YOU" AND "YOUR") THE USE OF THE APPLICATION PLANS STRICTLY UNDER THE FOLLOWING TERMS OF USE INCLUDING THE ATTACHED ANNEXES ("AGREEMENT").

PLEASE READ THIS AGREEMENT CAREFULLY. THE PERSONCLICKING TO ACCEPT THIS AGREEMENTAGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT FOR AND ON BEHALF OF THE ACCOUNT HOLDER. IF THE PERSON CLICKING TO ACCEPT THIS AGREEMENT IS NOT THE ACCOUNT HOLDER, THEN BY CLICKING TO ACCEPT THIS AGREEMENT THEY ARE WARRANTING, REPRESENTING AND UNDERTAKING THAT THEY ARE AUTHORISED TO ACT ON BEHALF OF THE ACCOUNT HOLDER IN ACCEPTING THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE APPLICATION PLANS.

YOUR ACCESS TO AND USE OF THE APPLICATION PLANS IS CONDITIONAL UPONYOUR ACCEPTANCE OF AND COMPLIANCE WITH THE END USER LICENCE AGREEMENT, THIS AGREEMENT, THE PRIVACY POLICY AND ANY OTHER APPLICABLE TERMS THAT WE NOTIFY YOU OF. THIS AGREEMENT APPLIES TO ALL VISITORS, USERS AND OTHERS WHO ACCESS OR USE THE APPLICATION PLAN, EACH OF WHOM ACT ON YOUR BEHALF. YOU ARE RESPONSIBLE FOR THE ACTS AND OMISSIONS OF SUCH VISITORS, USERS AND OTHER PERSONS AS IF THEIR ACTS AND OMISSIONS ARE YOURS.

THIS AGREEMENT GOVERNS YOUR CURRENT AND FUTURE USE OF THE APPLICATION PLANS AND SUPERSEDES ANY PREVIOUS AGREEMENTS YOU HAVE WITH SCR OR ITS AFFILIATES REGARDING THE APPLICATION PLANS.

THIS AGREEMENT ALSO GOVERNS THE OWNERSHIP AND USE OF DATA (INCLUDING ANY USER DATA), SCR IP AND DELIVERABLES, WHICH WAS COLLECTED, PRODUCED OR GENERATED BY SCR OR ITS AFFILIATES BEFORE ON OR AFTER THE DATE OF THIS AGREEMENT.

Unless otherwise defined, capitalized terms used throughout this Agreement have the meanings stated in Annex I attached hereto.

1. BACKGROUND.

   SCR owns and operates the Application Plans, which enable you access to the Deliverables based on the Application Plans level you subscribe to, as further detailed in Annex II. Any time you purchase a Tag Device you are obliged to purchase the equivalent Application Plan.

2. RIGHTS OF USE.

   Subject to payment of all relevant fees as required under the relevant Application Plan, SCR hereby grants you a personal non-exclusive, revocable, non-transferable and non-sublicensable limited licence to download and use the Application Plans from the Location during the Term solely for the purpose of accessing the Deliverables for your own internal business operations, but for no other purpose, subject to your compliance with the terms and conditions of this Agreement.

3. RESTRICTIONS.

   3.1 Prohibited Uses of Application Plans.Your use of the Application Plans as permitted is solely for your own use in the Locations. Except to the extent such restrictions are not permitted under applicable law, you shall not directly or indirectly: (i) create any derivative works based upon the Data; (ii) copy or distribute any part of the Data and/or Application Plans in any medium; (iii) alter or modify any part of the Data; (d) publish, rent, lease, lend, sell, sublicence, distribute, transfer, disclose, or otherwise make the Application Plans and/or the Data available to any third party; (iv) remove or alter any proprietary notices or labels on or in the Application Plans; (v) use the Application Plans to infringe the rights of SCR or any third party, or in any way that does not comply with all applicable laws; (vi) access all or any part of Application Plans in order to build a product or service which competes with the Application Plans; (vii) copy or imitate any features, functions or graphics of the Application Plans; or (viii) otherwise utilizethe Application Plans in any manner not expressly allowed under this Agreement. You shall notify SCR promptly and in writing, if you become aware of any unauthorized thirdparty access to, or use of, the Application Plans.

   3.2 Prohibited Uses of Deliverables.You agree that you shall not (i) copy any Deliverables in any format whatsoever; (ii) transmit any Deliverables in any format to any other third party; and (ii) licence, rent, sell or allow access to any Deliverables to third parties in any format whatsoever.

4. PAYMENT.

   4.1 The use of the Application Plans is subject to the payment of the fees, as described on the Purchase Order ("Fees"), either directly to SCR or a service provider of SCR authorised to provide the Application Plans to you on SCR’s behalf ("Service Provider")as specified in the Purchase Order.The payment of the Fees shall be made in advance for the full cost of the Application Plans determined by the level to which you subscribe asspecified in the Purchase Order. The Fees for the Application Plans do not include payment for the Link Services and you will have to pay for it separately if you wish to use these services. SCR expressly reserves the right to terminate this Agreement in the event that the Fees or any part thereof shall not be fully paid to SCR or the Service Provider. Except as stated otherwise in this Agreement, your obligation to pay any and all prices and Feeswill survive any termination of this Agreement.

5. UPGRADE OF APPLICATION PLAN LEVEL.

   5.1 You may, from time to time, upgrade the Application Plan level initially chosen by you in the Purchase Ordersubject to the payment of an upgrade fee, as shall be defined by SCR on a case by case basis at its sole discretion and communicated to you in advance. In the event that you are interested in an upgrade to the Application Plan level, contact SCR for additional details.

6. UPDATES.

   6.1 You acknowledge that SCR may, from time to time, update or modify any components and/or features of the Application Plans inits sole discretionwith prior notice to you where reasonably practicable, provided that there will be no material decrease in functionality. Any new components and features will be subject to this Agreement, as well as any additional terms of use that SCR may release for those specific services or features.

7. INTELLECTUAL PROPERTY.

   7.1 This Agreement grants no ownership rights to you or any other party in respect of the Application Plans, and all right, title and interest in andto the Application Plans (includingbut not limited to the Intellectual Property Rights) shall be the exclusive property and shall at all times remain with SCR.

   7.2 You acknowledge that the Data and Deliverables, excluding the User Data (whether collected or generated before on or after the date of this Agreement) and all Intellectual Property Rights therein ("SCR IP") belong exclusively to SCR and to the extent not already owned by SCR are hereby assigned to SCR by you (in the case of future Data and Deliverables and Intellectual Property Rights therein, with effect immediately upon their creation, including as a future assignment of copyright). The SCR IP shall remain the exclusive property of SCR during and after the Term and you must not use or disclose any Data except as expressly permitted by this Agreement. If for any reason whatsoever, including under applicable law, the assignment of the rights to the SCR IP above is not effective, you hereby unconditionally and irrevocably: (i) waive the enforcement of your rights under applicable law with respect to the SCR IP; and (ii) grant SCR an exclusive, irrevocable, perpetual, transferable, sublicenseable, royalty-free, worldwide licence to use, load, execute, store, transmit, display, copy adapt, translate, amend, modify, enhance, maintain, further develop and prepare derivative works from such SCR IP.

   7.3 To the extent that any Deliverables contain any User Data, you hereby grant SCR a non-exclusive, perpetual, irrevocable, transferable, sublicenseable, royalty-free, fully paid up, worldwide licence to use, load, execute, store, transmit, display, publish, copy adapt, translate, amend, modify, enhance, maintain, further develop, prepare derivative works from, commercialise and otherwise exploit such User Data for any purpose.

   7.4 SCR hereby grants you, and you hereby accept, a personal, revocable, non-transferable, non-exclusive licence during the Term to use the Deliverables solely for your own internal business operations, but for no other purpose, subject to your compliance with this Agreement and any other applicable terms of use.

8. USER DATA.

   8.1 SCR acknowledges that it shall have no rights in connection with the User Data, except as expressly permitted in this Agreement, any other applicable SCR terms and the Privacy Policy. You represent and warrant that: (a) you own the Intellectual Property Rights in respect of the User Data, and have obtained all necessary licence(s), permission(s), consents, and made any necessary disclosures, to use the User Dataand permit SCR and its affiliates to use and disclose the User Data as contemplated by this Agreement (b) you have the rights necessary to grant the licence and rightsto SCR in Section 7.3 of this Agreement; and (c) your User Data does not violate or infringe any Intellectual Property Right or other right, including, any proprietary right, any right of publicity or privacy, of any person, company or entity, or other third party.

9. TERM AND TERMINATION.

   9.1 This Agreement shall commence when you or your authorised representative click(s) to accept this Agreement (the "Effective Date") and the duration of this Agreement shall befor a period of for the battery life of the applicable Tag Device for which the Application Plan was purchased (the "Term").In any event the Term shall not be less than the warranty period of the Tag Device for which the Application Plan was purchased.

   9.2 SCR shall have the right to terminate this Agreement if you fail to comply with the terms of this Agreement, and your ability to use the Application Plans and any Deliverables shall automatically terminate. Upon termination or expiry of this Agreement, the following provisions shall apply: (i) your entitlement to any licence or any SRC IPunder this Agreement shall expire and you shall discontinue all further use of the Application Plans and Deliverables; and (ii) you shall promptly return or destroy the Deliverables and other SCR IP in your possession (at SCR’s sole discretion) in any format whatsoever.

10. AVAILABILITY.

    10.1 SCR undertakes that it will use its reasonable endeavours to attempt to provide the access to the Application Plans 24 hours a day, 7 days a week. However, there will be occasions when access to the Application Plans will be interrupted for maintenance, upgrades and repairs, which you acknowledge that the aforementioned is a necessary function conducted by SCR, or as a result of failure of telecommunications links and equipment that are beyond SCR’s control. To the extent permitted by applicable law and subject to any mandatory provisions of the law of the country in which you are resident, SCR shall bear neither responsibility nor liability to you in any manner whatsoever, including for any loss of revenue or User Data that may result therefrom.

11. WARRANTY DISCLAIMER.

    11.1 THE APPLICATION PLANS PROVIDED UNDER THIS AGREEMENT ARE PROVIDED BY SCR ON AN "AS-IS" BASIS, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO ANY MANDATORY PROVISIONS OF THE LAW OF THE COUNTRY IN WHICH YOU ARE RESIDENT, SCR HEREBY EXCLUDES AND DISCLAIMS ALL CONDITIONS, WARRANTIES, GUARANTEES AND REPRESENTATIONS OF ANY KIND OR NATURE, THAT ARE NOT EXPLICITLY PROVIDED FOR IN THIS AGREEMENT WHETHER WRITTEN OR ORAL, STATUTORY, CUSTOMARY, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION), IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, OR (OTHER THAN A PURPOSE OR USE STATED OR CONFIRMED BY US). IN ADDITION, SCR EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY WITH RESPECT TO LIABILITY FOR COMPLIANCE WITH LAWS, REGULATIONS, OR OTHER OFFICIAL GOVERNMENT RELEASES APPLICABLE TO THE END USER, WHICH SHALL BE YOUR SOLE RESPONSIBILITY. YOU EXPRESSLY AGREE THAT SCR DOES NOT REPRESENT OR WARRANT THAT THE OPERATION OF THE APPLICATION PLANS WILL BE ACCURATE, UNINTERRUPTED OR ERROR-FREE.

    IF ANY GUARANTEE, WARRANTY, TERM OR CONDITION IS IMPLIED OR IMPOSED IN RELATION TO THIS AGREEMENT UNDER CONSUMER LAW OR ANY OTHER APPLICABLE LEGISLATION IN ANY JURISDICTION AND CANNOT BE EXCLUDED (A "NON-EXCLUDABLE PROVISION"), AND WE ARE ABLE TO LIMIT YOUR REMEDY FOR A BREACH OF THE NON-EXCLUDABLE PROVISION, THEN OUR LIABILITY FOR BREACH OF THE NON-EXCLUDABLE PROVISION IS LIMITED TO ONE OR MORE OF THE FOLLOWING AT OUR OPTION:

    (a) IN THE CASE OF SERVICES, THE RESUPPLY OF THE SERVICES OR THE COST OF HAVING SERVICES SUPPLIED AGAIN; AND

    (b) IN THE CASE OF GOODS, THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, THE REPAIR OF SUCH GOODS, THE PAYMENT OF THE COST OF REPLACING THE GOODS OR ACQUIRING EQUIVALENT GOODS, OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED.

12. EXCLUSION OF CONSEQUENTIAL DAMAGES.

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT IN RESPECT OF DEATH OR PERSONAL INJURY TO THE EXTENT CAUSED BY SCR'S NEGLIGENCE, SCR SHALL NOT BE LIABLE (WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) TO YOU OR ANY THIRD PARTY FOR ANY: (I) INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES; OR (II) ANY LOSS OR DAMAGE TO BUSINESS EARNINGS, LOST PROFITS OR GOODWILL AND LOST OR DAMAGED DATA OR DOCUMENTATION, SUFFERED BY ANY PERSON, ARISING FROM AND/OR RELATED WITH AND/OR CONNECTED TO ANY USE OF THE APPLICATION PLANSOR DELIVERABLES (INCLUDING RELIANCE ON THE DELIVERABLES), EVEN IF SCR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. LIMITATION OF LIABILITY.

    THEMAXIMUM CUMULATIVE LIABILITY OF SCR AND ITS AFFILIATES UNDER THIS AGREEMENT, INCLUDING LIABILITY ARISING OUT OF THE USE OF THE APPLICATION PLANS OR DELIVERABLES (INCLUDING RELIANCE ON THE DELIVERABLES), WILL BE LIMITED TO: (I) THE AMOUNT OF THE TOTAL FEES PAID TO SCR BY YOU ACCORDING TO THE PURCHASE ORDER; OR IF HIGHER (II) £5,000. NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES THE LIABILITY OF SCR AND ITS AFFILIATES TO THE EXTENT NOT PERMITTED BY APPLICABLE LAW.

14. AMENDMENTS.

    14.1 SCR reserves the right to make, from time to time, changes and updates to this Agreementto reflect changes to SCR’s products and services, for the purposes of reflecting changes in law or regulation or as otherwise reasonably required, and such amended termsshall be posted at the SCR Website.SCR will provide you with notice of such changes and updatesnot less than 30 days before they take effect. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the Application Plans after changes are posted shall constitute acceptance of the amended Terms.If any change or update material adversely impact you and consequentially are not acceptable to you, you may terminate this Agreement by notifying SCR in writing prior to the date when such change or update takes effect, and in such case, you will be entitled to a pro rata refund of any portion of the Fees paid in respect of the period of the Term remaining following the effective date of such termination.

15. GOVERNING LAW & JURISDICTION..

    15.1 This Agreement, and any non-contractual obligations arising from or in connection with them, shall be governed by the laws of England and Wales, however you will continue to benefit from any mandatory provisions of the law of the country in which you are resident (and nothing in this Agreement affects your rights as a consumer to rely on such mandatory provisions).In the event of any conflict or dispute arising out of this Agreement or its formation which you are not able to resolve by contacting us, you can bring legal proceedings in the courts of England and Wales (or other competent courts). Alternatively, you may submit any dispute to the European Commission Online Dispute Resolution platform for online resolutionContact

    15.2 You can contact us at This email address is being protected from spambots. You need JavaScript enabled to view it.

Last updated: October 15th 2018

 

Annex I

Agreement	has the meaning provided in the Preamble.
"Application Plans"	means SCR's software applications which are made available to you through the System. The Application Plans currently available are provided in Annex II.
"Data"	all data, text, drawings and other materials which are collected, embodied, processed, generated or developed in any medium whatsoever, including all electronic, optical, magnetic or tangible media, during any part of the processing lifecycle of end user data, including the development of Deliverables, except that the definition of “Data” shall not include any "User Data".
"Deliverables"	means the analysis and reports generated by, or being the output of, the System or the Tag Devices, on, after or before the date of this Agreement including the results ofthe processing by the System of the Data and/or the User Data.
"Documentation"	means any materials provided to you by SCR describing the use and/or functionality of the Application Plansor any part thereof. Documentation may be provided, in any form, such as electronic, print or magnetic media, and includes product user manuals, reference manuals and installation guides or on-line help
"Effective Date"	has the meaning given in Section9.1.
"Fees"	has the meaning given in Section 4.1.
"Intellectual Property Rights"	means all current and future worldwide intellectual property rights including, without limitation, rights to inventions and creations, copyrights, mask work rights, rights in semi-conductor topography, trade secrets and know-how, trademarks and service marks, designs, formulas, algorithms, procedures, methods, techniques, programs and other similar materials, and all recordings, graphs, drawings, reports, analyses, other writings, and any other embodiment of the foregoing, in any form, whether or not specifically listed herein, which may subsist in any applicable jurisdiction, and applications and registrations for and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from any of the foregoing and all similar or equivalent rights or forms of protection together with all related rights and powers arising or accrued, including the right to bring, make, oppose, defend, appeal proceedings, claims or actions and obtain relief (and to retain any damages recovered) in respect of any infringement, or any other cause of action arising from ownership, of any of these rights, in each case whether subsisting now or in the future.
"Link Services"	means SCR's capability to link the Systemwith third party servers for the purpose of sharing information related to your livestock with authorised third parties.
"Location(s)"	means your physical locations in which the Application Plans are installed.
"Privacy Policy"	SCR’s privacy policy that sets out, among other things, how SCR handles your personal data.
"Purchase Order"	means the purchase order to which this Agreement are attached.
"SCR"	means SCR (Engineers) Ltd a company incorporated and registered in the State of Israel with company number 510728967 whose registered office is at 18 Ha'Melacha St, Netanya, Israel.
"SCR IP"	has the meaning provided in Section 7.2.
"Service Provider"	has the meaning provided in Section 4.1.
"Software"	means SCR's proprietary and generic software (in object code only), embedded into the Tag Device and on SCR's servers, which is given to you before, on or after the date of this Agreementby SCR (including on a CD or other device to load on a PC or provided via the internet in the "cloud").
"System"	means SCR's livestock identification and monitoring offering, including the Software, Tag Devices, System terminals and Documentation.
"Tag Device"	means any hardware infrastructure (including an ear or neck or any other hardware including any operating system embedded therein) supplied by SCR and placed on the livestock.
"Term"	has the meaning provided in Section 9.1.
"User Data"	means the Data that you provide or which is otherwise input into the Tag Devices by you or by virtue of the animal’s movements which constitutes the raw, unprocessed data of the animal’s movements, excluding any personal data as defined under, and which shall be governed by, our Privacy Policy

Annex II

 

SCR PRIVACY POLICY

Privacy

SCR is committed to protecting your privacy and your personally identifiable data and other personal information (“Personal Data”). SCR has created this Privacy Policy to let you know what information SCR collects when you use the system provided by SCR (the “System”), how SCR collects it and how it makes use of it. When you access or use the System you are invited to read this Privacy Policy.

Categories of Personal Data collected

SCR collects and stores Personal Data from you, including without limitation, your name, your farm or other physical address, email address, phone number, other contact data, and any and all data generated by the System to the extent it may be considered Personal Data (see below for discussion of what may not be considered Personal Data). SCR also collects and stores an activity log unique to you that collects certain administrative and traffic data including without limitation source IP address, time of access, date of access, web page(s) visited, language used, System crash reports, type of browser used, the technical operation of the System, and any data required to ensure your use of the System is compliant with the Terms of Use. SCR collects and stores the aforesaid Personal Data when you visit or use the System and when you provide it to SCR, and also in your communications with SCR.

You are responsible for ensuring the accuracy of your Personal Data you submit to SCR through the System. Inaccurate information will affect the information you receive when using the System and SCR's ability to contact you as contemplated in this Privacy Policy as well as to provide you with the System in the best manner possible.

In addition, please note that this Privacy Policy does not cover the following information as if is not considered Personal Data:

• information relating to a legal entity (e.g. corporate information, contact details, accounting information, etc.);
• anonymised data, namely information which does not relate to an identified or identifiable natural person or to Personal Data rendered anonymous in such a manner that the data subject is not or no longer identifiable.

If we are unable to collect your Personal Data we may be unable to provide the System to you.

Use of Personal Data

SCR uses the Personal Data it collects from or about you toestablish and manage the contractual relationship, provide you with our services and make the System available to you, source official identifications numbers for your animals when required by law, conduct statistical analysis, provide customer support, undertake necessary security and identify verification checks, allow software integration with other tools that you use, to track your use of the System and/or for other internal purposes, such as evaluating, providing, and improving the System. Your Personal Data is used to provide you with promotional offers and information regarding products and services from SCR or third parties where you have accepted or consented to receive such offers and information via the System or otherwise, andalso in order for SCR to improve the System and/or customer service.

SCR may also share Personal Data with third parties, i.e. professionals you work with (e.g. veterinarian, nutritionist), firms that may provide services relevant to your type of business, analyzers, law enforcement authorities, administrative and regulatory bodies, potential purchasers or investors, including their outside counsels, in case of a projected corporate operation. Finally, SCR also anonymizes certain of your Personal Data in order, for instance, to generate aggregated data.

Sharing and Transfer of Your Personal Data

Usually, a sharing of Personal Data may occur (i) if you have requested and/or agreed that the Personal Data will be provided to these third parties; or (ii) if the disclosure is required or permitted by law; or (iii) if it is transferred for the performance of a contract between you and SCR; or (iv) the transfer is necessary in order to protect the vital interests of the data subject; or (v) the transfer is necessary or legally required on important public interest grounds, or for the establishment, exercise, or defence of legal claims.

SCR may disclose your Personal Data to associated entities and/or to third parties, at SCR's sole discretion, where the purpose of such disclosure is to provide you with the System and to improve the System as part of compliance with contractual duties between us.

In addition, SCR may disclose your Personal Data if SCR believes in good faith that such action is necessary to comply with applicable legislation, a current judicial proceeding, a court order or legal process, or to protect and defend SCR's (or its licensor's) rights or property, the personal safety of other users of the System or the public at large. SCR reserves the right to share the Data with appropriate authorities and financial institutions, if SCR determines in its sole discretion that you attempted to defraud SCR, or if SCR suspects you are committing any fraudulent activity, or any other prohibited transaction, or if you breach the Terms of Use.

In the event that SCR sells, assigns or transfers some or all of its business or assets to a successor or acquirer, or if SCR is acquired by or merges with a third party, or if SCR files for bankruptcy or becomes insolvent, SCR may disclose, sell, assign or transfer all of your Personal Dataas part of the transaction. These may be located at destinations outside the European Economic Area.The data protection and privacy laws of the jurisdictions to which the Personal Data will be transferred may not be as comprehensive as those in the European Union (if applicable to you); in which case SCR will take measures to ensure a similar level of protection is provided to your Personal Data.

Cookies

SCR uses a browser feature known as cookies, which are small text files which are placed on your computer or equipment when you visit certain online pages, to track your activities, record your preferences, and make the System more responsive to your needs by delivering a better and more personalized experience to you.

Security

SCR has implemented suitable security policies, rules and technical measures to protect and safeguard the Personal Data under its control from unauthorized access, improper use or disclosure, unauthorized modification, unlawful destruction or accidental loss. SCR may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to provide the service. These may be located at destinations outside the European Economic Area. By submitting your Personal Data, you agree to this. All of SCR's employees and data processors that have access to, and are associated with the processing of your Personal Data, are obliged to respect the confidentiality of your Personal Data. However, we cannot guarantee the security of your data, which may be compromised by unauthorized entry or use of the System.

Reasonable physical, technical, and procedural measures shall be taken to:

• Prevent and/or to identify unauthorized or unlawful collection, processing, and transmittal of Personal Data; and
• Prevent accidental loss or destruction of, or damage to, Personal Data.

Links to Other Sites

The System may contain links to other sites. Other sites may also reference or link to the System. SCR is not responsible for the privacy practices or the content of such other online sites, and any information collected by these third party online sites is not governed by this Privacy Policy, and SCR assumes no responsibility or liability whatsoever for the policies (including privacy policies), practices, actions or omissions of such third parties.

Your Choices

You can opt out of marketing emails by utilizing the “unsubscribe” link or other mechanism noted in marketing emails you receive from SCR. You may also request to opt out of marketing emails, including those regarding offers from third parties, by contacting us through one of the methods specified in the Contact Information section below, and sharing the email address at which you are receiving marketing emails.

Retention and Deletion of Your Personal Data

SCR may retain your Personal Data for as long as needed to provide you with the services described in the Terms of Use. This often means that SCR will keep Personal Data for the duration of your account, which may be terminated in accordance with the Terms of Use. Please note, however, that where applicable legislation requires SCR to do so, it may be required to keep records of your Personal Data even after such termination.

Contact Information

In the event that you wish to learn more about our data privacy practices or to make a complaint about how SCR processes your Personal Data, please contact SCR in the first instance:

• at the following email address This email address is being protected from spambots. You need JavaScript enabled to view it.; or
• mail our offices address atSCR (Engineers) Ltd.18 Hamelacha St. Netanya, POB 13564 Hadarim, 42138, Netanya, Israel.

SCR will endeavour to deal with your request as soon as possible.

Change to this Policy

SCR reserves the right to make, from time to time, changes and updates to this privacy policy as shall be posted athttp://www.scrdairy.com/END-USER-SYSTEM-LICENSE-AGREEMENT/legal.html#privacy. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. If you do not agree to the altered privacy policy, you may stop using the System.

European Union (EU) Section

This EU section in this Privacy Policy is being made according to Regulation (EU) 2016/679 known as the General Data Protection Regulation (“GDPR”) and so contain additional provisions, all to ensure full compliance with the GDPR provisions in the event you reside in the EU, and with respect to your Personal Data, which is may be processed by SCR for the performance of contract between you and SCR or according to a consent given by you and inter alia according to your consent for this Privacy Policy and the Terms of Use.

This section prevails over any contradicting statement contained in the other sections if you reside in the EU.

Controller

SCR acts as the data controller for the processing activities listed in the table below.SCR’s representative in the EU is SCR Europe SRL, Via Mattei 2, Loc-Gariga 29027, Podenzano (PC), Italy, This email address is being protected from spambots. You need JavaScript enabled to view it. / +39 (0) 523 18 67 200.

Lawful Bases for Processing

We will only collect and process Personal Data about you where we have lawful bases (see table below).

Where we rely on your consent to process Personal Data, you have the right to withdraw or decline your consent at any time and where we rely on legitimate interests, you have the right to object. If you have any questions about the lawful bases upon which we collect and use your Personal Data, please contact us (contact information provided above).

Overview of the data Processing carried out by SCR

 

The table below summarises the data Processing carried out by SCR. You may refer to the sections below for further information on our Processing.

Purposes of the Processing	Legal basis	Recipients	Data transfer outside the EEA	Retention period
Establish and manage the contractual relationship.	Performance of contract during the time of the relationship and legitimate interest after the termination of the contractual relationship (e.g. if contractual documents are necessary for enforcement or any legal action).	Internal recipient: essentially marketing, legal and accounting teams. External recipient: selected professionals by SCR on a case-by-case basis (e.g. our outside counsels; our insurers; courts).	Such a transfer may occur. In such a case, SCR will undertake to adopt the appropriate safeguards required by the GDPR on a case-by-case basis or would rely on a derogation for specific situations if relevant.	Until the termination of the agreement and then for the limitation period applicable to the contractual agreement.
Provide users with information about the state of their herd and make available the system (including providing technical support).	Performance of contract.	Internal recipient: essentially R&D,marketing and IT teams. External recipient: external IT providers (e.g. data hosting providers).	Such a transfer may occur. In such a case, SCR will undertake to adopt the appropriate safeguards required by the GDPR on a case-by-case basis or would rely on a derogation for specific situations if relevant.	As long as necessary for the provision of the contract.
Source official identification numbers for the farmers’ animals in compliance with the local legal obligations applicable to ear tags.	Legal obligation.	Administrative and regulatory bodies	n/a	Set by the applicable statute.
Improve the system and customize service (e.g. generate statistics about the use of its services and to manage the capacity of its servers).	Legitimate interests to adapt our services to our users’ needs	Internal recipient: essentially R&D, IT and marketing teams. External recipient: external providers if necessary in order to help use achieving the purpose.	Such a transfer may occur. In such a case, SCR will undertake to adopt the appropriate safeguards required by the GDPR on a case-by-case basis or would rely on a derogation for specific situations if relevant.	As long as necessary for the purpose.
Marketing prospection, communication by (i) mail,(ii) phone or (iii) electronic for communications relating to similar products to those you have already purchased	Legitimate interest of SCR to promote its products and to develop its activity.	Internal recipient: marketing teams. External recipient: marketing professionals(e.g. marketing agencies).	Such a transfer may occur. In such a case, SCR will undertake to adopt the appropriate safeguards required by the GDPR on a case-by-case basis or would rely on a derogation for specific situations if relevant.	As long as necessary for the purpose.
Marketing, prospection, communication for SCR services by SCR throughelectronic communications not relating to similar products to those you have already purchased	Consent	Internal recipient: marketing teams. External recipient: marketing professionals (e.g. marketing agencies).	Such a transfer may occur. In such a case, SCR will undertake to adopt the appropriate safeguards required by the GDPR on a case-by-case basis or would rely on a derogation for specific situations if relevant.	As long as necessary for the purpose.
Marketing, prospection, communication for third parties services by SCR through electronic communications	Consent	Internal recipient: marketing teams. External recipient:  marketing professionals (e.g. marketing agencies).	Such a transfer may occur. In such a case, SCR will undertake to adopt the appropriate safeguards required by the GDPR on a case-by-case basis or would rely on a derogation for specific situations if relevant.	As long as necessary for the purpose.
Data sharing with professionals working with a user and calculation of new metrics / insights in order for the professional to better serve this user.	Consent	Specified professionals (e.g. veterinarians, nutritionists) approved by the users on a case-by-case basis. Microsoft Windows Azure cloud-computing platform.	Such a transfer may occur. In such a case, SCR will undertake to adopt the appropriate safeguards required by the GDPR on a case-by-case basis or would rely on a derogation for specific situations if relevant.	As long as authorized by the user.
Provision of metrics about a farm to other firms in the supply chain.	Consent	Selected firms in the supply chain. Data hosting providers.	Such a transfer may occur. In such a case, SCR will undertake to adopt the appropriate safeguards required by the GDPR on a case-by-case basis or would rely on a derogation for specific situations if relevant.	As long as necessary for the purpose.
Management of software integration (i.e. transfer of information to a third party software if requested by the users).	Consent	Internal recipient: essentially IT teams. External recipient: selected software by the users on a case-by-case basis.	Such a transfer may occur. In such a case, SCR will undertake to adopt the appropriate safeguards required by the GDPR on a case-by-case basis or would rely on a derogation for specific situations if relevant.	As long as necessary for the software integration.
Sharing of information with law enforcement authorities (e.g. in the context of a criminal prosecution or an administrative or regulatory investigation).	Legal obligation.	Law enforcement authorities, administrative and regulatory bodies.	Such a transfer may occur. In such a case, SCR will undertake to adopt the appropriate safeguards required by the GDPR on a case-by-case basis or would rely on a derogation for specific situations if relevant.	Set by the applicable statute.
Sharing of information to third parties, including potential successors or acquirer, in case of a projected corporate operation.	Legitimate interest of SCR to develop and manage its business.	Potential successors or acquirers, including their outside counsels.	Such a transfer may occur. In such a case, SCR will undertake to adopt the appropriate safeguards required by the GDPR on a case-by-casebasis or would rely on a derogation for specific situations if relevant.	As long as necessary to complete the corporate operation projected.
Provision of data on individual cows to analyzers for the purpose of analyzing non-farm related aspects.	Consent	Analyzers (e.g. genetics, AI or feed organizations) authorised by the users on a case by case basis. Data hosting providers.	Such a transfer may occur. In such a case, SCR will undertake to adopt the appropriate safeguards required by the GDPR on a case-by-casebasis or would rely on a derogation for specific situations if relevant.	As long as necessary to carry out the analysis.
Cookies (analyse of the audience and use).	Consent	Internal recipient: IT teams and marketing teams. External recipients:third-party analytics tools.	Such a transfer may occur. In such a case, SCR will undertake to adopt the appropriate safeguards required by the GDPR on a case-by-case basis or would rely on a derogation for specific situations if relevant.	As long as necessary for the purpose.
Cookies necessary for the proper functioning of our services.	Legitimate interest of SCR to ensure the proper functioning of its System and services.	Internal recipients: IT teams. External recipients: external IT providers.	Such a transfer may occur. In such a case, SCR will undertake to adopt the appropriate safeguards required by the GDPR on a case-by-case basis or would rely on a derogation for specific situations if relevant.	As long as necessary for the purpose.
Anonymization of Personal Data.	Legitimate interest to create set of non-identifiable data for enhancing our products and sharing with selected partners.	Internal recipients:essentially IT teams. External recipients: selected partners and professionals (e.g. nutritionists).	Such a transfer may occur. In such a case, SCR will undertake to adopt the appropriate safeguards required by the GDPR on a case-by-case basis or would rely on a derogation for specific situations if relevant.	As long as necessary to carry out the anonymization process.

 

Your rights

In certain circumstances, you have rights in relation to the Personal Data SCRholds about you. The table below sets out an outline of those rights and how to exercise them.

Please note that SCRwill require you to verify your identity before responding to any requests to exercise your rights. To exercise any of your rights, please email This email address is being protected from spambots. You need JavaScript enabled to view it.. Please note that for each of the rights below, SCRmay have valid legal reasons to refuse your request, in such instances SCRwill let you know if that is the case.

Right	Content
Access	You have the right to know whether SCR processes Personal Data about you, and if SCR does, to access Personal Data SCR holds about you and certain information about how SCR uses it and who SCR shares it with. You can request a copy of these Personal Data.
Portability	You have the right to receive a subset of the Personal Data you provide SCR in a structured, commonly used and machine-readable format and a right to request that SCR transfers such Personal Data to another party if SCR processes it on the bases of (i) SCR’s contract with you or (ii) with your consent and when the processing is carried out by automated means.
Correction	If you believe that the Personal Data SCR holds about you are inaccurate or incomplete, you have the right to request its correction or modification.
Erasure	You may request that SCR erases the Personal Data SCR holds about you in the following circumstances: (i) where you believe it is no longer necessary for SCR to hold the Personal Data, (ii) SCR is Processing it on the basis of your consent and you wish to withdraw your consent, (iii) SCR is Processing your Personal Data on the basis of SCR’s legitimate interest and you object to such Processing, (iv) you no longer wish SCR to use your Personal Data to send you marketing or (v) you believe SCR is unlawfully Processing your Personal Data.
Restriction of Processing	You have a right to require SCR to restrict of Processing the Personal Data SCR holds about you in the following circumstances: (i) if you dispute the accuracy of your Personal Data, (ii) if the Processing is unlawful and you object to its deletion, (iii) if you believe that SCR no longer needs your Personal Data but that it is still necessary for you to establish, exercise or defend your legal rights or, (iv) if you have objected to SCR Processing Personal Data SCR holds about you.
Objection	You have the right to object to the Processing of the Personal Data SCR holds about you and SCR will consider your request. Please provide SCR with detail as to your reasoning so that SCR can assess whether there is a compelling overriding interest in SCR continuing to process such Personal Data or SCR needs to process it in relation to legal claims.

Complaints

In the event that you wish to learn more about our data privacy practices or to make a complaint about how SCR processes your Personal Data, please contact SCR in the first instance (see “Contact Information” above).

SCR will endeavour to deal with your request as soon as possible.

This is without prejudice to your right to launch a claim with the data protection supervisory authority in the European Union country in which you live or work where you think SCR has infringed data protection laws.

Australia Section

This Australia section in this Privacy Policy, is being made to users resides in Australia and contain additional provisions, SCR strive to create consistent standards for everyone, but we also wish to ensure that we respect local laws. The following additional provisions apply to users in Australia.

Sharing and Transfer of Your Information

Please be aware that Data which SCR collects and receives may be disclosed to third parties (including to the “recipients” referred to above in the “European Union (EU) Section”) outside of Australia, which locations typically include [insert] and others from time to time.

Accessing and correcting your Personal Data 

You may contact SCR to request access to the Personal Data that we hold about you and/or to make corrections to that Data, at any time. On the rare occasions when we refuse access, we will provide you with a written notice stating our reasons for refusing access. 

We are not obliged to correct any of your Personal Data if we do not agree that it requires correction and may refuse to do so.  If we refuse a correction request, we will provide you with a written notice stating our reasons for refusing.

We will respond to all requests for access to or correction of Personal Data within a reasonable time.

Resolving personal information concerns

If you have any questions, concerns or complaints about this Privacy Policy, or how we handle your personal information or to opt out of marketing, please contact us through the Contact Information in this Privacy Policy below.

We take all complaints seriously, and will respond to your complaint within a reasonable period.

If you are dissatisfied with the handling of your complaint, you may contact the Office of the Australian Information Commissioner:

Office of the Australian Information Commissioner

GPO Box 5218

Sydney NSW 2001

Telephone: 1300 363 992

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.