Terms of Use

Welcome to Seespray’s Terms of Service! We’re thrilled to have you with us.

By using our services, you’re joining a community dedicated to effective and reliable orchard alerts. Below, you’ll find essential legal terms that protect both you and us, ensuring a smooth and enjoyable experience with Seespray. While some details may not apply to every service we offer, these terms are designed to keep everything running smoothly for all users.

1. Terms and Conditions

1.1 This Website (the “Website”) and its associated applications (the “App”) is operated by Seespray Limited (“We”, “Us”, or Our”).

1.2 Through the Website and / or App, We provide a realtime spray notification, information and management platform which manages spray operations and notifications to the community (the “Services”) and allows Our Customers, Contractors, Affected Parties, and the Community to view and upload information relating to current or future chemical spraying occurring in their neighbourhood (the “Data”).

1.3 By Using the Website and / or App in the capacity of a Customer, Contractor, Affected Parties or member of the Community (“You” or “Your”) you agree to be bound by these Terms and Conditions as they apply to You.

1.4 If You are using the Website and / or App in Your capacity as an employee, agent, or officer of any other person or a company or other organisation, then You are entering into a contract on behalf of that person, company, or organisation, who will be deemed to be the contracting party (i.e. “You” or “Your”) for the purpose of these Terms and Conditions. You must cease Using this Website and / or App if You are not authorised to enter into contracts of this nature on behalf of Your company or organisation.

1.5 These Terms and Conditions, together with the terms of any further correspondence relating to Your use (whether comprised in an invoice, email, letter, or short-form contract) represents the entire agreement between You and Us regarding Your Use of the Website, the App and the Services. If there is a conflict between these Terms and Conditions and the further correspondence, these Terms and Conditions will prevail.

1.6 We may change these Terms and Conditions and give notice to You by posting amended Terms and Conditions on the Website and via the App at any time. Your subsequent use of the Website and / or App will be deemed as Your acceptance of the amended Terms and Conditions.

2. Our Services

2.1 We will take all reasonable care to ensure that Our Services are fit for the purpose for which they have been designed. However, You acknowledge and agree that:

a) We are not responsible for how the Customer and Contractor collate, upload or manage the Data.

b) We are not responsible for the accuracy, relevance, quality, or significance of the Data. We will endeavour to ensure that the Website and / or App is updated as accurately and promptly and real-time connectivity and access allows.

c) We are not responsible for the Customer and Contractor’s compliance with any local by-laws and relevant legislation relating to the Data.

d) Should You require any confirmation as to the accuracy, relevance, quality, or significance of the Data, You will seek independent advice.

e) Should you require confirmation of your legal responsibility, rights and obligations in respect of the Data or these Terms and Conditions, you will seek independent legal advice.

f) As a Customer, You are responsible for ensuring You have backup copies of the Data relating to the Services. Should Your Subscription be terminated or cancelled, You are responsible for all relationships with Your Contractor and for making alternative arrangements to notify any Affected Parties, including the Community of any information relating to the Data.

g) To ensure reasonable access and use of Our Services, the Website and / or App, are best advised to be accessed via laptops, desktop browsers and / or smart phones with screens larger than 4.5 inches. Should your access to Our Website and / or App be granted outside of the above prescribed format, Your access and use may be compromised.

3. Subscription of Services - Customers

3.1 All Customers may use Our Services by registering through Our Website (“Subscription”) and paying the relevant invoice (“Subscription Fee”). The Subscription Fee is calculated per property registered through Our Services.

3.2 The term of a Customers Subscription will be 12 months (“Subscription Period”). All costs in relation to the Subscription Fee for our Website and / or App is payable by the Customer.

3.3 You may use Our Services for the Subscription Period unless You cancel Your Subscription or Your Subscription is terminated before the end of that Subscription Period.

3.4 At the end of each Subscription Period, Your Subscription will be automatically renewed for a further period of 12 months, unless or until You notify Us otherwise by cancelling Your Subscription 30 days before the end of the Subscription Period.

3.5 To cancel Your Subscription, You must send a cancellation request to info@seespray.nz, and include all details necessary to enable Us to identify You and ensure cancellation of the correct Subscription.

3.6 Cancellation or termination may result in the immediate and automatic cancellation of any Your access to Our Services.

3.7 All Customers must invite their Contractors to use our Services via the Website and / or App.

3.8 The Customer’s nominated Contractor must hold a current GrowSAFE Certification to use Our Website and / or App.

3.9 The Customer will notify and assign their Contractor of the required spraying (“Spraying Services”) via the App.

3.10 The Customer is responsible for obtaining, maintaining and updating all contact details of any Affected Parties via Our Website and / or App.

3.11 The Customer is responsible for ensuring the successful delivery and receipt of any notifications forwarded to any Affected Parties by Us in relation to Our Services. To the maximum extent permitted by law, We do not warrant or guarantee the success of notifications forwarded via Our Services should the information provided by the contact information provided by the Customer be incorrect.

3.12 The Customer is responsible for entering all information into the Website and / or App including but not limited to:

a) The Spraying Services;

b) The spray plan;

c) Confirmation of Affected Parties, including all neighbouring properties within 50 metres of the Customers property;

d) The property information; and

e) All contact details and preferred modes of communication for Contractors and Affected Parties.

4. Use of Services – Contractor

4.1 Each Contractor must register for the Services via Our Website and / or App.

4.2 Each Contractor must download the App from the relevant App store.

4.3 Each Contractor must have a current GrowSAFE Certification to use Our Website and / or App.

4.4 If a Contractor’s GrowSAFE Certification expires, a Customer will not be able to assign any Spraying Services to that Contractor via Our Website and / or App.

4.5 The Contractor will be notified by the Customer of the any scheduled Spraying Services via the App.

4.6 The Contractor will complete and submit all relevant information required relating to the Spraying Services via the App. Notifications will then be updated via the Website / App and be available to view by the Community and Affected Parties, providing updates on the progress of Spraying Services.

5. Use of Services – Affected Parties & Community

5.1 You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Terms and Conditions, and you consent to all actions we take with respect to your information consistent with our Terms and Conditions.

5.2 By providing us with your email address and phone number, you consent to our using the email address and phone number provided to send you emails, sms messages and/or phone calls for service-related notices, including any notices by law, in lieu of communication by postal mail.

5.3 Once the Customer submits the details for the properties surrounding the Customer’s property, a welcome message will be sent to the Affected Parties to notify You of Our Website and Our Services.

5.4 All future updates relating to any Spraying Services of the Customer and its Contractors may be communicated by email, sms message or direct phone call and/or uploaded and displayed via our Website.

5.5 All updates and notifications provided to You are subject to these Terms and Conditions.

5.6 If you do not want to receive such messages, you may opt out or change your preferences by contacting us at unsubscribe@seespray.nz or by clicking the unsubscribe link within each text message.

5.7 By opting out of any or all notifications from Us, Seespray will no longer provide you with updates and notifications regarding spraying notifications.

6. Trial Period - Customers

6.1 Your use of the Services and provision of any Data via our Website and / or App whilst under any trial period is subject to these Terms and Conditions.

6.2 Should You wish to continue to use Our Services after the completion of a trial period You must pay the Subscription Fee in accordance with clause 7.

7. Payments - Customers

7.1 Upon your confirmation to subscribe, We will issue an invoice to You including the Subscription Fee for the Subscription of our Services.

7.2 Our Subscription Fee is payable 12 months in advance, or monthly as agreed by Seespray.

7.3 All payments are due within 7 days of the invoice date.

7.4 All late payments will incur a $5.00 administration fee, and will accrue interest calculated daily until the date of payment.

7.5 If You fail to make payment of Our invoice within 30 days of the due date, We may give You seven days notice and then stop providing the Service to You if You have not paid by then.

a) We will recommence providing the Service to You when You pay all outstanding amounts plus a reconnection fee of $135 plus GST.

b) If You have not paid any outstanding amounts within a further 30 days, We may terminate Your Subscription on seven days’ notice.

7.6 If You want to dispute any invoice, You must notify Us in writing within 21 days of the invoice date, failing which You waive any right to dispute such amounts.

8. Refunds and early cancellation fees - Customers

a) We will not refund any payment You make to Us except as required by law.

b) Subject to (a) above, a Customer may at any time and with 30 days’ notice, terminate these Terms and Conditions, together with the Services by giving notice to that effect. Should the Customer cancel the Services offered under their Subscription, We agree to refund the balance of the Subscription Fee on a pro rata basis.

9. Intellectual property

9.1 Subject to clause 9.2, all copyright, trade marks and other intellectual property rights subsisting in or used in connection with the Services and the Website and / or App are and will remain Our sole property or property licensed to Us.

9.2 We acknowledge that We do not own copyright in any raw data and / or images You store on the Website and / or App.

9.3 You may not remove Our trade marks, copyright symbols, or any other statement or device which asserts Our intellectual property rights from any other materials You download from the Website and / or App, or from any authorised copies You make of them.

9.4 You may not copy, modify, or otherwise interfere with any part of the Website and / or App.

9.5 You may not create any hyper-links to the Website and / or App unless You have Our permission in writing.

10. Privacy and use of data

10.1 We will Use any data You give to Us and which identifies You or any of Your clients or associates only for the purpose for which it is supplied to Us and will not Use it for any other purpose or supply it to any third party except as required by law or authorised by You.

10.2 Without limiting clause 10.1, You agree that We may use any data obtained via Our Website and / or App, that is provided by You, for the purposes of reporting on research, development and or any assessment of environmental health impacts relating to spraying and Our Services.

10.3 You agree that We or Our IT technicians may access your Data where it is necessary to do so for technical maintenance.

10.4 We will edit your information as required by law. You acknowledge that We may be required by law to delete or take down any data or image that infringes the copyright of another person.

10.5 We may Use aggregate data (in a non-identifiable form) supplied to Us by You for Our own business purposes including the improvement of the Website and / or App, Our Services, and any of Our related services.

10.6 We may send You electronic messages which facilitate, complete, or confirm any transaction You enter into with Us in relation to the Services or the Website and / or App.

10.7 We may send You commercial electronic marketing messages relating to Our other goods and Services and other information of related interest if You consent by ticking the box at the end of these Terms and Conditions. We will stop sending You such messages if We receive such a request to stop from You.

11. Telecommunications providers

11.1 You are responsible for all payments and obligations to whichever third party telecommunications provider You use to upload data to Our Website and / or App, even if You have arranged a contract with that provider through Us or We have procured that contract for You. You indemnify Us against all claims, costs, damages and awards against You by that provider.

11.2 We are not responsible for Your inability to access Our Website and /or App, should your telecommunication provider place any restrictions on your access to internet data.

12. Maintenance

12.1 We may run routine tests, undertake maintenance, or upgrade any part of the Website and / or App relating to Our Service. We will make reasonable endeavours to give you advance notice, but we will not be liable for any disruption to the Service if the circumstances mean that we are unable to give notice or you do not receive that notice.

13. Retention, return and deletion of Your of data

13.1 You are solely responsible for downloading and storing Your Data in an alternative location before termination, cancellation or expiry of Your Subscription.

13.2 We may permanently delete Your data three months after cancellation, termination or expiry of Your Subscription.

13.3 After termination or expiry of Your Subscription, and providing that We have not deleted Your Data, We will provide You with a copy of the Data if You:

a) Request in writing to info@seespray.nz that We return any Data to You;

b) Pay Us an administration or Subscription fee; and

c) Pay all outstanding amounts (if any) that You owe to Us.

14. Notices

14.1 We will send all notices relevant to Our Services to You via the email address and / or mobile phone number provided. It is the responsibility of the Customer to ensure all modes of contact information are up to date and effective.

14.2 You must send all notices and updates of any information relating to Our Services to Us via info@seespray.nz.

14.3 In accordance with clause 3.11, We are not responsible for the failure of delivery of any notices whereby the contact information provided by the Customer is incorrect.

15. No warranty

15.1 You understand that in providing the Services we use a third party communication network, and that the Website and / or App is hosted by a third party, and that We are not responsible for any failure by those parties.

15.2 You represent that You are purchasing and / or using the Services for business purposes, and acknowledge that the Consumer Guarantees Act 1993 does not apply.

15.3 To the maximum extent permitted by law, we exclude any warranty that any Service is fit for any particular purpose.

15.4 To the maximum extent permitted by law, the Website and / or App is provided on an “as is” basis, without any warranty of any kind either express or implied including but not limited to warranties of merchantability, accuracy, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Website and / or App is error free or that any Services provided in relation to the Website and / or App will be uninterrupted.

15.5 You accept that it is Your responsibility to ensure that You:

a) Keep Your log-in details and password secure and confidential;

b) Have backup copies of all Data; and

c) Comply with all laws relating to the provision, storage and copying of Data.

15.6 You understand that there may be slight delays, due to circumstances beyond Our control, between You sending data to the Website and / or App and it appearing on the Website and / or App.

15.7 You accept all risk and any liability arising from Your use of the Website and / or App and the Services. In no event will We be liable to You or any other person for any lost profits, lost savings, lost data, or damages (including special, direct, indirect, punitive, consequential, or incidental damages) or any claims, proceedings, costs, demands, liabilities and expenses incurred by You arising out of or relating to Your use of the Website and / or App or the Services, or by any third party accessing the Data, whether in contract, tort (including negligence) or equity even if We have been advised of the possibility of such loss or damage.

15.8 You agree to indemnify Us and Our licensors against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever arising from:

a) Your use of the Website and / or App and the Services;

b) Your breach of these Terms and Conditions.

15.9 If We are prohibited by law from excluding all liability, Our aggregate liability in relation to any claims arising out of or relating to the Website and / or App or any of Services supplied to You by Us under these Terms and Conditions will in any event be absolutely limited to the amount paid to Us by You during the 12 months prior to the dispute arising, or $1,000, whichever is the lesser amount.

16. Code of conduct

16.1 You must use Our Website and / or App responsibly, lawfully, and in good faith.

16.2 You must not provide Your password or log-in details to anyone else. You must take all reasonable steps to keep Your password and log-in details confidential and secure.

16.3 You must refrain from any acts or omissions which:

a) are misleading or unlawful or likely to be so; or

b) call Us or Our Website and / or App into disrepute, or are likely to do so.

16.4 You may not violate or attempt to violate Our Website and / or App or interfere with Our Services in any way, including but not limited to:

a) logging into a server or account that You are not authorised to access;

b) accessing data or taking any action to obtain services not intended for You or Your Use;

c)attempting to probe, scan, or test the vulnerability of any system, subsystem or network;

d) tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorization;

e) transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the System;

f) interfering with, intercepting or expropriating any system, data or information; or

g) interfering with service to any user, host, or network including, without limitation, by means of overloading, “flooding”, “mailbombing”, or “crashing” any computer system.

16.5 You must not use Our Website and / or App to send any unsolicited messages.

16.6 You must use Our Website and / or App solely for the purpose for which it is provided. You must not use Our Website and / or App to conduct, promote, or facilitate any other activity or business.

16.7 You must not infringe or violate the legal rights of any other person in the course of using Our Website and / or App or Our Services.

17. Termination or cancellation

17.1 Your access to Our Services and any licence granted to You under these Terms and Conditions will expire upon expiry, termination or cancellation of Your Subscription.

17.2 We may terminate Your Subscription and deny You access to the Services at any time by giving notice to You in writing.

17.3 The following clauses of these Terms and Conditions will survive termination of these Terms and Conditions, or termination or expiry of any licence granted under them: 8 (Intellectual Property) 10 (Privacy and Use of Data), 11 (Telecommunications providers), 13 Retention, return and deletion of Your Data), 14 (Notices), 15 (No warranty), 17 (Termination or cancellation), 18 (Assignment), 19 (Governing law), 20 (Invalid terms severable), 21 (No Waiver), 22 (Definitions).

17.4 Termination, cancellation or expiry of Your Subscription or of these Terms and Conditions will not deprive either You or Us of any rights in relation to any breach of these Terms and Conditions.

18. Assignment

18.1 You may not assign Your rights or obligations under these Terms and Conditions without Our express written consent.

19. Governing law

19.1 These Terms and Conditions will be construed in accordance with the laws of New Zealand, and in terms of the enforceability of these Terms and Conditions shall be deemed “in writing” and “accepted” by both parties. Any disputes arising out of this these Terms and Conditions or their subject matter shall be referred to and finally resolved by arbitration in Tauranga, New Zealand, in accordance with the Arbitration Act 1996 or any re-enactment of that Act. The arbitration will be by one arbitrator, to be agreed upon by the parties. If the parties fail to agree upon an arbitrator within 21 (twenty-one) days, an arbitrator will be appointed by the President of the New Zealand Law Society or his/her nominee.

19.2 Nothing in this Agreement prevents a party from issuing court proceedings in relation to any dispute that requires urgent interim relief.

20. Invalid terms severable

20.1 If any of the terms, conditions or provisions in these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, then such term, condition or provision will to that extent be severed from the remaining terms, conditions or provisions which will continue to be valid.

21. No waiver

21.1 If We waive any of Our rights in relation any breach by You of these Terms and Conditions, that waiver will not be a continuing waiver in relation to other breaches by You.

22. Definitions

22.1 In these Terms and Conditions:

a) “Affected Parties” means the persons and entities that reside or own properties that may be affected by the Customer’s spraying activities;

b)“Contractor” means any sprayers and / or the employees of the Customer who sign up to use the Website and / or App Services and carry out any spraying on the Customers land;

c) “Community” means any member of the public who may use the Website from time to time;

d) “Customer” means the owners, growers and or management companies or entities of land requiring spraying that subscribe to the Website and / or App, to use Our Services;

e) “Seespray” means Seespray Limited, its agents, officers, and advisors, and “We”, “Our” and “Us” have a corresponding meaning;

f) the singular of any definitions and includes the plural and vice versa; and

g) headings are for convenience only and do not affect the interpretation of the terms.