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AgRE Calc(C) T&C

1. Understanding these Terms of Use

What we mean: To ensure that the meaning of these Terms of Use is clear, we have listed below some of the words which we use which have specific meanings:
"AgRE Calc Account"
an online account which provides access to the Service.
the "Service"
the Agricultural Resource Efficiency Calculator (AgRE Calc) service provided by us via the password protected section of this website accessible at http://www.agrecalc.com/.
"we", "our" and "us"
the provider of the Service, being SAC Commercial Limited (a limited company incorporated in Scotland with registered number SC148684 and having its registered office at Peter Wilson Building, King's Buildings, West Mains Road, Edinburgh EH9 3JG.)
you, the person who accesses and uses this website and/or the Service.
"Your Business"
a sole trader, partnership or company which you own or otherwise work for.

 2. Creating and accessing an AgRE Calc(C) account

How to apply: In order to access and use the Service, an AgRE Calc Account must first be created. 

   • Farmer: you the farmer or your agent on your behalf must contact us to request an account to be set up for your farm business.

Refusal: We reserve the right, at our sole discretion, not to accept an application to create an AgRE Calc account. However we will generally agree to create an AgRE Calc Account for anyone who is:

   • An individual farmer or an agent acting on their behalf. 

   • Applying the service to an individual farm business in Scotland defined by a valid Scottish Government farm Business Reference Number (BRN).

Permission for other users to access the service including; those outside of Scotland, those accessing the service for multiple farm businesses or other commercial purposes, or for Education or Research purposes may be granted subject to further conditions or charges at the discretion of SAC Commercial Ltd.

Formation of a contract: If we accept an application for the creation of an AgRE Calc Account, we will confirm this by email and at that point a legally binding contract relating to use of the Service will be created between Your Business and us. If you apply for an AgRE Calc Account to be created, you must therefore ensure that you are authorised to enter into this contract for and on behalf of Your Business. The contract will be concluded in the English language and the provisions of these Terms of Use shall govern our agreement with Your Business and with you.

Accessibility: We support the Web Accessibility Initiative and are committed to making our site as accessible as possible to everyone. We welcome your comments and suggestions about how to make the Service and this website more accessible. If you are unable to access the information you require from this website, please contact us for assistance.

3. Your obligations

Restrictions on use, you must: 
   • Own account: only access the AgRE Calc Account which has been allocated to you;
Business use: use the Service (including any materials obtained from this website) only on behalf of Your Business and solely for its legitimate business purposes connected with carbon and resource use efficiency auditing.
Prohibited conduct, you must not: 
   • Disruption: do anything which could reasonably be expected to damage, disable, overburden, or materially impair the Service or our website generally or which is likely to interfere with any other party's use or enjoyment of the Service;
   • Unauthorised access: use the Service for the purpose of accessing any content which you should reasonably suspect you are not authorised to access; nor
   • Dispute IP: question or dispute our ownership of the intellectual property rights in the Service and this website.
Prohibited material: You are prohibited from submitting any material to us via the Service or otherwise which is or which links to or refers to any material which: 
   • Objectionable: is threatening, abusive, malicious, defamatory, obscene, indecent, pornographic or otherwise sexually explicit, blasphemous, profane, intended or likely to incite racial or religious hatred, or is otherwise objectionable or offensive in any way in terms of standards prevailing from time to time in the United Kingdom;
   • Illegal: is unlawful or which encourages the commission of a criminal offence;
   • Infected: contains a virus, worm, trojan or other hostile computer program; or
   • Breaches rights: infringes any intellectual property rights or data protection rights of any third party.
Security: Your Business is ultimately responsible for administering and safeguarding any passwords created to control access to its AgRE Calc Accounts: please keep any password issued to you secure.

4. Training & support

Training and support for farmers and their agents: 
   • Tutorials: by using the online tutorials and information pages on this website;
   • Contact us: if a query cannot be resolved after exhausting the above sources, by contacting us; on 0131 603 7526, or email agrecalc@sac.co.uk

5. Your data

Ownership of your data: Your Business retains ownership of any copyright, database rights or other intellectual property rights it has in any data transmitted using the Service: ownership of its rights in this data is not transferred to us. We acknowledge for the purpose of Data Protection legistlation that each of us is a data controller. Where Data Controller has the meaning in the Data Protection.
Our right to use and share your data: By transmitting any data using the Service, you and Your Business grant an irrevocable, worldwide, royalty-free, non-exclusive licence to allow us to: 
   • Service provision: use the data for the provision of the Service including the generation of benchmarks (and share the data with agents or consultants selected by Your Business and authorised staff of Your Business for this purpose); Use the data for the provision of other SAC Commercial Ltd services.
   • Legal requirements: share your data with any third parties where we are required to do so by law; and
   • Anonymised: use your data on an anonymised basis for the provision of other SAC Commercial Ltd services and for SRUC Research and Educational purposes. We will never disclose individual farm data. Anonymised data will be defined as having all personally identifiable information removed including precise spatial location.
Personal data:  We shall only process personal data you provide to us in accordance with this contract and as set out in our Privacy Notice (For details see - https://www.sruc.ac.uk/terms.) You shall have sole responsibility for the legality, integrity, accuracy and quality of any personal data you provide under this contract. We will not monitor any personal data you provide to us.

6. Our data

Ownership of our data: All copyright, database rights, trade marks and other intellectual property rights in the Service and in this website generally are either owned by or licensed to us and nothing in these Terms of Use shall transfer any ownership rights to you or to Your Business. The words "AgRE Calc" and "Agricultural Resource Efficiency Calculator" are trade marks of SAC Commercial Ltd.
Your right to use our data: You are permitted to retrieve and display content from this website on the device from which you initially accessed or downloaded it solely for the purpose of using the Service in accordance with these Terms of Use or for the purpose of assessing whether to obtain such services from us (and you may print copies of such content solely for these purposes.)
Restrictions on use of website content: You may not (and may not permit others to): 
   • Modification: modify any documents or related graphics obtained via this website in any way (unless we grant you written permission to do so);
   • Ownership notices: remove, obscure or otherwise disassociate any of our copyright or trade mark notices from any copies of this website's content; nor
   • Unauthorised: otherwise use any of the content from this website in any manner not expressly permitted by these Terms of Use (and for the avoidance of doubt, you must not distribute nor publicly display any content from his website for any purpose not connected with animal health planning).
Linking to this website: You may only create a link to our website homepage at http://www.agrecalc.com on the condition that you do not do any of the following: 
   • Framing: create a frame or any other browser or border environment around this website;
   • False endorsement: in any way imply that we are endorsing any products or services other than our own;
   • Misrepresentation: misrepresent your relationship with us nor present any other false information about us; or
   • Unsuitable: create a link from a website which contains content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
You may not create any link to any other page of this website, nor frame it, without our prior written consent, nor may you restrict or inhibit the use or enjoyment of it by anyone else. 

7. Closing and suspending AgRE Calc(C) accounts

Closure by us without cause: We reserve the right to close any AgRE Calc Account for any reason, by giving one weeks' notice. Also, if a AgRE Calc Account is not used for a continuous period of 6 months, we reserve the right to close it without notice. We may also discontinue any feature of the Service immediately without notice.
Suspension while breach is investigated: If we reasonably believe that your AgRE Calc Account is being used in any way which is not permitted by these Terms of Use, we reserve the right to suspend your access to the Service immediately, until the issue has been resolved to our reasonable satisfaction.
Closure on breach: If you (or any of Your Business' other personnel who have access to the Service) fail to abide by these Terms of Use, we reserve the right to immediately cancel Your Business' AgRE Calc Account(s) without notice. We may also permanently ban Your Business from accessing and using the Service. Upon closure of Your Business' AgRE Calc Account(s), you must promptly destroy all materials obtained via the Service, save where retention is required by law.

8. Disclaimer and your liability to us

IMPORTANT: This section restricts the extent to which we are liable for any losses which may be suffered in connection with your use of the Service. It also requires Your Business to compensate us for any loss we suffer as a result of your failure to comply with these Terms of Use. 
What you are liable for: You and Your Business shall be held jointly and severally liable for any reasonable costs and expenses incurred by us as a result of breach of these Terms of Use by you.
What we are liable for: We do not restrict our liability (if any) for: 
   • Personal injury or human deaths resulting from our negligence; 
   • Fraud committed by us; nor
   • Any other matter which it would be illegal to limit or to attempt to restrict.
Exclusion of our liability: You use this website and the Service entirely at your own risk. We exclude all other liability and responsibility for any amount or kind of loss or damage arising in connection with the Service or the website generally (even if we have been advised of their possibility.) For the avoidance of doubt: 
   • Errors: The information on this website is not intended to constitute professional advice. We exclude all liability for errors or omissions from information, materials or functions in or of the Service.
   • Service standard: The Service is provided "as is". We make no guarantee that the Service will be suitable for your intended use, neither do we guarantee that it will be error-free, timely, reliable, entirely secure, virus-free or available, especially since we are dependent on the reliability of the Internet and your use of your own computer to access the Service.
   • Disruptions: We will try to keep disruptions to a minimum but we may suspend the Service from time to time to carry out maintenance and support work and to investigate unauthorised use. We exclude all liability for business interruption resulting from the use or inaccessibility of the Service.
   • Third parties: We exclude liability relating to information provided by other users of the Service which you rely on or otherwise make use of. We exclude liability for misuse by third parties of information provided to other users of the Service. We also exclude liability relating to your collaboration with any third party as a result of using the Service or connected with any hyperlink on this website.
   • Indirect damage: In no event will we be liable to you for loss of profit, indirect or consequential damages.
   • Implied terms: We exclude liability for breach of any conditions implied by law (including without limitation any conditions of accuracy, security, completeness, satisfactory quality, fitness for purpose, non-infringement of proprietary rights outside the United Kingdom and the use of reasonable care and skill) which but for these Terms of Use might have effect in relation to the Service.
Time limit on claims: In the event that our liability cannot be excluded, where permitted, we shall not be liable for any claims which you fail to notify us of within 12 months of Your Business' first AgRE Calc Account being created.

9. General legal matters

Entire agreement: These Terms of Use describe the entire agreement between you, Your Business and us regarding the Service, and supersede any prior understandings or agreements. The headings are for convenience only and shall not affect the construction or interpretation of these Terms of Use.
Changes to this contract: We reserve the right to change these Terms of Use from time to time and therefore we may impose new or different Terms of Use on your use of the Service. These additional terms will be posted here on this website and will be effective immediately. Your continued use of the Service will be deemed to constitute acceptance by Your Business and you of all of the new terms. These Terms of Use may not otherwise be changed without our written consent.
Unsolicited email: You agree not to send unsolicited e-mails for the purposes of advertising or market research to the e-mail addresses provided on this website.
Transfer of rights & obligations: We shall be entitled to transfer our rights and/or obligations under these Terms of Use to another party. Neither you nor Your Business may transfer any of your rights or obligations under these Terms of Use without our written consent.
Waiver and severability: If either you or we ignore any breach of these Terms of Use, it doesn't mean that any further breach cannot be enforced. Similarly, if any part of these Terms of Use turn out to be invalid or unenforceable for some reason, then it will be replaced with a provision which, as far as possible, achieves the same purpose as the original, and the remainder of the agreement will still be binding.
Resolving disputes: These Terms of Use shall be governed by and interpreted in accordance with Scots law. If any party wants to take court proceedings in relation to the Service, it must do so in Scotland. You are responsible for compliance with any applicable laws of the country from which you use or otherwise access the Service.
We recommend that you print out a copy of these Terms of Use for your future reference.