Terms and Conditions

Terms and Conditions of Sale of Ceres Tag Products (Australia)

May 2021

  1. Application of these terms and conditions

    Please read these terms and conditions (Terms) before registering a Customer Account or placing an order with Ceres Tag. Registration of a Customer Account or any purchase of Ceres Tag Products through the Ceres Tag website constitutes an agreement by the Customer to be bound by these Terms.

  2. Definitions

    In these Terms, capitalised terms have the meaning given to them in clause 18.

  3. Customer Account

    1. Registration

      In order to purchase Ceres Tag Products, the Customer must create an account through the Ceres Tag website (Customer Account). To qualify for a Customer Account, the Customer must be over the age of 18 years.

    2. Account Security

      The Customer is responsible for choosing a username and password for the Customer Account and should keep the password secure. The Customer is responsible for all orders and other activities using the username and password for the Customer Account whether authorised by the Customer or not (except where Ceres Tag has failed to keep the username and password secure).

    3. Linking Software Solutions

      The Customer may apply to link one or more Software Solutions to the Customer Account by following the process on the Ceres Tag website. The Customer must provide Ceres Tag with the information required for Ceres Tag to authenticate the Customer's account with the relevant Software Partner. A Software Partner will not have access to the Customer's Tag Data unless the account has been authenticated.

  4. Ordering Ceres Tag Products

    1. Orders

      The Customer may order Ceres Tag Products from the Ceres Tag website using a Customer Account.

    2. Ordering Accredited Tags

      Prior to ordering an Accredited Tag, the Customer must provide any additional identification information required by Ceres Tag.

    3. Price and payment

      1. The prices of Ceres Tag Products are published on the Ceres Tag website. These prices do not include local taxes and delivery costs as these will vary based on the Customer's delivery address. Delivery costs and local taxes will be quoted at the time of order.
      2. Payment of the price, local taxes and delivery costs is required in full at the time of ordering.
      3. The price of the Tag includes the Satellite Service for the Tag for the first 4 years of the Service Life of the Tag. The Customer may purchase an additional 4 years of Satellite Service at the time of purchase of the Tag. The Customer is responsible for any additional charges for third-party international connecting carriers, and any charges or taxes imposed by any government agency arising out of a Customer's use of the Satellite Service.
    4. Processing of orders

      1. Ceres Tag may accept or reject orders. An order is accepted when Ceres Tag sends an order confirmation email to the Customer. The Customer cannot change an order after it has been accepted by Ceres Tag.
      2. Ceres Tag may notify the Customer that an order is not accepted or is cancelled. This could be because the Ceres Tag Product is unavailable, Ceres Tag is unable to ship the Ceres Tag Product to the Customer's chosen delivery address, or for any other reason. Any payment received by Ceres Tag for a rejected or cancelled order will be refunded.
    5. Delivery

      1. Ceres Tag will arrange for Ceres Tag Products to be delivered to the delivery address provided by the Customer. The estimated delivery time is 2 to 8 weeks. Delivery may be delayed for reasons beyond Ceres Tag's control.
      2. The Customer bears the risk of loss or damage to Ceres Tag Products after they have been shipped from Ceres Tag's warehouse or factory. The Customer may purchase insurance against this risk at the time of ordering Ceres Tag Products.
    6. Ownership

      Ownership of Ceres Tag Products passes from Ceres Tag to the Customer once they have been paid for.

  5. Tag use and activation

    1. Permitted use

      The Customer must only use the Ceres Tags for the purposes of identification, tracking and monitoring of land-based animals, including livestock and wildlife, but excluding domestic pets and humans.

    2. Application

      1. The Customer must apply the Tag to land animals (excluding domestic pets and humans) only. The Tag can only be applied using the Ceres Smart Tag Applicator, which can be purchased separately from Ceres Tag.
      2. The Customer must follow the supplied instructions and use the Ceres Smart Tag Applicator for the safe application of the Tag to the animal.
    3. Activation

      A Tag will only be activated once the Customer applies the Tag using the Ceres Smart Tag Applicator.

    4. Service Life

      1. Tags have a service life of 4 years from: (i) the date of activation; or (ii) 6 months from the date of purchase, whichever comes first (Service Life). The Service Life of a Tag can be extended to 8 years by purchasing a service life extension package via the Ceres Tag website
      2. A Tag will collect and transmit data only during its Service Life.
    5. Satellite Service

      1. Satellite connectivity and the chip within a Tag (Satellite Service) are supplied to Ceres Tag by a third party satellite service provider
      2. Additional terms and conditions for the supply and use of the Satellite Service are set out in Annexure A (Satellite Service Terms).
      3. The use of the Satellite Service by the Customer is subject to the Satellite Service Terms. The Customer acknowledges and agrees that Ceres Tag may immediately disconnect the Satellite Service without notice where the Customer fails to comply with the Satellite Service Terms or uses or is suspected of using the Satellite Service for fraud or other violation of applicable laws or regulations.
  6. Dealings with Tags

    1. Compliance with law

      The Customer is responsible for ensuring all dealings with Tags are in compliance with applicable laws and regulations relating to the use, transfer and removal of animal identification tags, including requirements under applicable biosecurity laws.

    2. No separate transfer

      The Customer must not sell or otherwise transfer a Tag to another person, except where the Tag has been applied to an animal and the animal (with the Tag) is transferred by the Customer to the other person ("new owner"). Where the Customer sells an animal with the Tag to a new owner, the Customer acknowledges and agrees that:

      1. ownership of the Tag transfers from the Customer to the new owner; and
      2. if the new owner creates a Customer Account with Ceres Tag and links it to a Software Partner account, the new owner may access historical Tag Data for the transferred Tag, together with new Tag Data, subject to terms and conditions set by the Software Partner.
    3. Transfer of animal with Tag

      The Customer must notify Ceres Tag and any applicable regulator of any sale of animals with a Tag once the movement of the animal has been completed.

    4. Removal/disposal of Tags

      1. Tags are not designed to be re-used. A Tag will break if it is removed from an animal and will not be able to be re-applied.
      2. The Customer must notify Ceres Tag if a Tag is removed, destroyed or lost in any circumstances. Ceres Tag will then remotely disable such Tag.
  7. Tag Data

    1. During the Service Life of a Tag, it will collect, process and transmit data (Tag Data). Tag Data will be received and stored by Ceres Tag for a period of 10 years from the last date of transmission of data from the Tag. After this time, Ceres Tag may, at its option, retain the data (in a de-identified format), delete the data, or where required by a regulatory authority, transfer the data to such authority.
    2. Ceres Tag does not provide the Customer with access to Tag Data. The Customer may access Tag Data through a Software Partner. Access to Tag Data may be subject to terms and conditions set by the Software Partner, including fees.
    3. Ceres Tag requires Software Partners to keep the Customer's Tag Data confidential and only use it for the purposes of providing Software Solutions to the Customer or as permitted by this clause 7. A Software Partner will not be permitted to provide Tag Data to third parties without Ceres Tag's prior consent. A Software Partner may aggregate Tag Data with the Tag data of its other customers or third party data on an anonymised and de-identified basis.
    4. Ceres Tag may disclose identifying Tag Data to a third party, with the Customer's consent.
    5. Ceres Tag may use Tag Data on a confidential basis for internal purposes, including to develop and improve Ceres Tag products and services.
    6. Ceres Tag or its contracted data services provider may aggregate Tag Data with other customer and third party data and use and disclose this aggregated data for any purpose, including data analytics, reporting and to develop new products and services, provided the aggregated data does not identify the Customer.
  8. Privacy

    1. Privacy Policy

      Ceres Tag's Privacy Policy is available at https://www.cerestag.com/privacy-policy/. Any personal information the Customer provides to Ceres Tag will be handled in accordance with Ceres Tag's Privacy Policy.

    2. Regulatory notification

      If the Customer buys an Accredited Tag, Ceres Tag will provide information on the user, location, number of animals and number of Accredited Tags to the applicable livestock identification or biosecurity regulator. Further, the Customer consents to Ceres Tag sharing information about the Accredited Tags and the Customer Account with the applicable regulator on request by the regulator in the event of an emergency or other significant event affecting livestock or biosecurity or welfare, such as foot and mouth outbreak.

  9. Product warranty

    1. Ceres Tag warrants that during the period of 12 months from the date of dispatch of the Ceres Tag Product (Warranty Period) the Ceres Tag Product will be free from material defects (Warranty). The Warranty does not include the Satellite Service, or any defects that result from:

      1. the Ceres Tag Product not being applied, installed, used, operated or maintained in accordance with any instructions or directions provided by Ceres Tag;
      2. modification, repair or other work performed by anyone other than Ceres Tag or a person approved by Ceres Tag;
      3. use of the Ceres Tag Product with unauthorised or incompatible products;
      4. misuse or abuse; or
      5. animal behaviour or treatment that would lead to loss or damage.
    2. Where a Ceres Tag Product does not comply with the Warranty during the Warranty Period, the Customer may contact Ceres Tag and Ceres Tag will arrange for the repair or replacement (as necessary) of the Ceres Tag Product at no cost to the Customer.
  10. Consumer Protection Law

    1. The Customer may have rights under applicable consumer protection law with respect to the purchase of the Ceres Tag Products. These Terms do not exclude or limit any guarantee, condition, warranty, or any other right or remedy the Customer may have under applicable consumer protection law (Consumer Guarantee), to the extent such Consumer Guarantee cannot be excluded, limited or modified at law. Any disclaimer, exclusion or limitation in these Terms applies to the fullest extent permitted by law and subject to any Consumer Guarantee that cannot be excluded, limited or modified at law.
    2. Where Ceres Tag fails to provide any Ceres Tag Product in accordance with applicable Consumer Guarantees, then to the extent permitted by law and subject to the Customer's rights under applicable law, Ceres Tag's liability to the Customer will not exceed the cost of re-supplying the Ceres Tag Product. The Customer may be entitled to seek a refund and in some cases compensation under applicable consumer protection law.
  11. Disclaimer and liability

    1. Except as otherwise expressly stated in these Terms and to the maximum extent permitted by applicable law, Ceres Tag disclaims and does not make any representation or warranty of any kind in respect of Ceres Tag Products, including without limitation any representation or warranty that:
      1. Ceres Tag Products will be free from defects;
      2. Collection of or access to Tag Data will be uninterrupted or error-free;
      3. Ceres Tag Products will be suitable for the Customer; or
      4. Ceres Tag Products will produce any particular results for the Customer.
    2. To the maximum extent permitted by applicable law, Ceres Tag will not be responsible for loss to any person that arises from:
      1. the unavailability of Ceres Tag Products;
      2. the Customer's inability to access or use Ceres Tag Products, a Satellite Service or Tag Data;
      3. any loss that is not directly caused by Ceres Tag;
      4. any loss of sales, loss of profits, loss of revenue, loss of anticipated savings, loss of data, loss of goodwill or wasted expenditure;
      5. any indirect or consequential loss; or
      6. any delay or failure by Ceres Tag to comply with its obligations under these Terms, where such delay or failure arises from Force Majeure.
    3. For any other loss, to the fullest extent permitted by applicable law, Ceres Tag's liability to the Customer is limited to the amount paid by the Customer to Ceres Tag for the Ceres Tag Products in the 12 months preceding the event giving rise to liability.
  12. Account closure and termination

    1. The Customer may close the Customer Account at any time by following the process on the Ceres Tag website.
    2. Ceres Tag may close the Customer Account if:
      1. the Customer has no active Tags and the Customer Account has been inactive for more than 12 months; or
      2. the Customer is in material breach of these Terms, and fails to remedy the breach within 30 days of receiving notice from Ceres Tag to do so. A material breach of these Terms will include use of a Tag beyond the permitted purpose.
    3. When the Customer Account is closed, Ceres Tag may continue to receive and store Tag Data from Tags associated with the Customer Account for the remainder of their Service Life and as otherwise required by law. Customer will not have access to Tag Data generated by the Tags or otherwise received by Ceres Tag on and from the date the Customer Account is closed.
  13. Force Majeure

    1. If Ceres Tag is prevented from or delayed in performing an obligation by an event beyond its reasonable control and without the fault or negligence of Ceres Tag (Force Majeure), then Ceres Tag's obligation is suspended during the period the Force Majeure continues and any further period that is reasonable in the circumstances.
    2. If Force Majeure prevents or delays Ceres Tag from fulfilling a Customer order for more than 90 days, Ceres Tag may cancel the order and refund the purchase price to the Customer.
  14. US sanctions and export policy

    The Customer must not order and Ceres Tag will not supply Ceres Tag Products if the Customer is, or the Customer is located in a country that is, subject to a US sanction or export control applicable to the Ceres Tag Products. The Customer must comply with all US sanctions, export or re-export restrictions that apply to the Ceres Tag Products (including the Tags).

  15. Third party rights

    No one other than a party to these Terms has any right to enforce these Terms. However, if a person acquires a Tag with an animal lawfully from the Customer, the Customer may transfer the Terms to that person.

    1. Ceres Tag may change these Terms at any time. Where Ceres Tag makes changes to these Terms, Ceres Tag will publish the updated Terms on the Ceres Tag website. The Customer will be bound by the updated Terms for any future orders of Ceres Tag Products.
    2. If the Customer does not accept the updated Terms, the Customer may cease ordering Ceres Tag Products and/or close the Customer Account.
  16. Governing law

    1. These Terms are governed by and must be construed according to the law applying in Queensland, Australia.
    2. The United Nations Convention on Contracts for International Sale of Goods (and any local law that implements such convention) does not apply to these Terms.
  17. Definitions

    1. "Accredited Tag" means a Tag that is approved by the relevant regulator for livestock verification and identification purposes and identified on the Ceres Tag website as an accredited tag.
    2. "Ceres Tag" means Ceres Tag Pty Ltd ABN 51 614 436 467.
    3. "Ceres Tag Products" means any of the products available for purchase on the Ceres Tag website.
    4. "Ceres Tag Smart Applicator" means the specific device that is required to apply the tag.
    5. "Customer" means the person who registers an account with Ceres Tag.
    6. "Customer Account" has the meaning given in clause 3.1.
    7. "Force Majeure" has the meaning given in clause 13(a).
    8. "Satellite Service" has the meaning given in clause 5.5(a).
    9. "Satellite Service Terms" are the terms and conditions that apply to the supply of the Satellite Service, as set out in the annexure.
    10. "Service Life" has the meaning given in clause 5.4(a) and includes any extension paid for by the Customer.
    11. "Software Partner" means an entity authorised by Ceres Tag to access Tag Data for the purpose of providing Software Solutions.
    12. "Software Solution" means a software solution provided by a Software Partner.
    13. "Tag" means an animal ear tag available for purchase on the Ceres Tag website.
    14. "Tag Data" has the meaning given in clause 7(a).
    15. "Warranty Period" has the meaning given in clause 9(a).

Annexure A – Satellite Service Terms

  1. Introduction

    1. This Annexure A contains additional terms that apply to the Satellite Service supplied by Ceres Tag's third party satellite service provider, Globalstar Inc ("Globalstar").
    2. In this Annexure A, "Globalstar System" refers to the low earth orbit satellite constellation owned and operated by Globalstar and related earth-based control centres operated by both Globalstar and independent operators under contract with Globalstar.
  2. Disruptions to service

    1. The provision of the Satellite Service to the Customer relies on the proper functioning of the Tag, as well as the proper functioning of the equipment forming the Globalstar System not under Ceres Tag's control.
    2. Ceres Tag's obligation to provide the Satellite Service to the Customer is subject to each of the following:
      1. the proper functioning of the Globalstar System;
      2. the proper functioning of any third party gateway operator or carrier system relied upon to complete a transmission or call (such as long-distance, roaming, exchange or interconnection providers); and
      3. the availability of capacity on the Globalstar System.
  3. System limitations

    The Customer acknowledges and agrees that the following are constraints on Ceres Tag's ability to provide the Satellite Service without disruption:

    1. the Globalstar System is inherently capacity constrained;
    2. the Satellite Service may be refused or limited, without liability to Ceres Tag or Globalstar, due to capacity limitations, including capacity limitations due to any repair, testing, upgrade or modification work on either Ceres Tag's system or the Globalstar System;
    3. emergency access on the Globalstar System by public safety organisations may pre-empt the Customer's use on the Globalstar System; and
    4. the Satellite Service is subject to disruptions and/or deficiencies caused by atmospheric or terrain conditions or in-building conditions.
  4. Equipment

    Equipment used on the Globalstar System is either Globalstar Registered or Globalstar Certified:

    1. Globalstar Certified products have been tested to ensure that their performance meets Globalstar’s certification performance specifications. Certified Products, when used with a clear view of the sky and no local interference, will provide the message success rates advertised on the online Simplex Coverage map at www.globalstar.com.
    2. Globalstar Registered products are approved for operation on the Globalstar System, but have no associated performance requirements. The effective coverage area for Globalstar Registered Products may differ from the coverage advertised for Globalstar Certified Products, and displayed on the online Simplex Coverage map at www.globalstar.com.
  5. Roaming

    Local laws and regulations may limit permitted roaming by the Satellite Service. The supply and use of the Satellite Service is subject to such laws and regulations applicable in the country in which the Customer will use the Tags. The Customer is responsible for complying with such laws or regulations imposed by the location that the Customer roams into using the Satellite Service and for ensuring the Customer is permitted to use the Satellite Service in that location. Ceres Tag and Globalstar are not liable for any confiscation of the Tags, fines, penalties or any other consequences resulting from illegal or disallowed roaming usage.

  6. Limitation of Liability

    The Customer acknowledges and agrees that its sole remedy for damages due to any failure, disruption or degradation in the Satellite Service shall be limited to the charges imposed for the affected Service for the period such failure, disruption or degradation occurred. IN NO EVENT SHALL GLOBALSTAR BE LIABLE, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR LOSS OF PROFITS, OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. This clause 6 is subject to applicable law and applies to the maximum extent permitted by applicable law.

  7. Anti-fraud and Abuse

    1. General statement

      1. The Satellite Service is available only to a Customer who:
        1. accesses Satellite Service using Globalstar-authorized equipment in the manner such equipment is designed to be used; and
        2. is not using Satellite Service in furtherance of criminal or harassing activity.
      2. Any other connection to or use of Globalstar's ground infrastructure or the Globalstar System will be considered to be fraud or abuse. Globalstar is under no obligation to supply Satellite Service to any person suspected of engaging in fraud or abuse. Examples of fraud and abuse are set out below.
    2. Fraud

      Examples of subscriber fraud include:

      1. accessing or attempting to access Satellite Service by using an unauthorized device or by tampering with or altering authorized IoT terminal equipment;
      2. obtaining or attempting to obtain permission to access Satellite Service by providing false or misleading information;
      3. intentionally interfering with or causing disruptions in Globalstar's provision of the Satellite Service to other subscribers; and
      4. selling or otherwise transferring a Globalstar access number or account to another person separately from the Ceres Tag Products.
    3. Abuse

      Examples of subscriber abuse include:

      1. using the Satellite Service to further criminal activity;
      2. using the Satellite Service to make unwanted foul or profane expressions, to impersonate another person with fraudulent or malicious intent, or to call another person so frequently or at such times of day or in any other manner with the intended effect of annoying, threatening or harassing such other person; and
      3. using the Satellite Service in a manner that interferes unreasonably with the use of the Satellite Service by one or more other subscribers.
    4. Ceres Tag's responsibilities

      Customer acknowledges and agrees that if Ceres Tag becomes aware of any incident of fraud or abuse by the Customer Ceres Tag may be required to:

      1. notify Globalstar;
      2. provide assistance to Globalstar to investigate any suspected fraud or abuse;
      3. discontinue the provision of Satellite Service to the Customer if Ceres Tag or Globalstar reasonably suspects the Customer of fraud or abuse.

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