Terms & Conditions

I have read and accept the Decipher Services Terms and Conditions

The Decipher website is owned and operated by CSBP Limited, trading as Decipher AgTech (ABN 81 008 668 371). By accessing and/or using this website and the Decipher Services, you agree to these Decipher Services Terms and Conditions, which include our Privacy Policy (available at ). You should review our Privacy Policy and these Decipher Services Terms and Conditions carefully and immediately cease utilising the Services if you do not agree to these Decipher Services Terms and Conditions.

Personal Information Collection Notice

As part of the registration process we require that you read, and acknowledge having read, our personal information collection notice separately provided as part of that process.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Decipher Services Terms and Conditions.

In these Decipher Terms and Conditions:

  • Decipher Services Terms and Conditions’ means the terms and conditions set out or referenced below as amended or replaced from time to time.
  • 'Decipher', 'us', 'we' and 'our' means Decipher AgTech.
  • Decipher Services’ means Decipher’s interactive web-based services and Decipher Go Mobile Application which allows Decipher Users to access functionality including viewing and interacting with relevant soil and plant sample data on a digital farm map; planning fertiliser applications; managing spatial data, including yield data, crop rotation information and historic fertiliser application rates; and viewing historic peak season satellite imagery. It allows users to analyse farms using high-resolution satellite NDVI imagery to pinpoint in-paddock variability and issues, generally on a month by month basis.
  • Registered User’ has the meaning given in Clause 1.1.
  • You’ and ‘ Your’means the person using Decipher Services (being the Decipher User that has been through the registration process set out below and agreed to the Decipher Terms and Conditions).

1.0 Registration

1.1 Eligibility General

In order to be eligible to be supplied the Decipher Services and be granted a licence to access and use Decipher Services You must:

(a) register for Decipher Services;

(b) have agreed to the Decipher Services Terms and Conditions;

(c) be permitted by Decipher (in its complete discretion) to access and use Decipher Services through Decipher enabling Your access to Decipher Services;

(d) be over 18 years old.

Upon having completed this process you will be a Registered User and will be licensed to use Decipher Services on and subject to the Decipher Services Terms and Conditions.  

1.2 Licence (General)

(a) Subject to the Decipher Services Terms and Conditions, Decipher grants to You a non-transferable, terminable, non-sublicensable, non-exclusive and limited license to use the Decipher Services. The term of the licence commences on your acceptance of the Decipher Services Terms and Conditions and ends on termination or cancellation of the licence as set out in these Decipher Services Terms and Conditions.

2. Registered User Details and Use of Decipher Services

(a) You must ensure the security and confidentiality of your Registered User details, including any username and/or password assigned to, or created by, you and not share those details with anyone else.

(b) You are wholly and solely responsible for all activities which occur through the use of your Registered User details by you or any person acting on your behalf or acting with knowledge of your username and/or password.

(c) You must notify us immediately if you become aware of any unauthorised access to your Decipher Services user account or any unauthorised use of your Registered User details.

(d) You must not allow your Registered User details to be used by any other person.

Without limiting the other provisions of these Decipher Services Terms and Conditions and the personal information collection notice Decipher captures IP addresses of people accessing Decipher services (including, but not limited to, as part of any contracting process) and monitors and records website access and usage.

3. Accessibility and Availability

(a) Subject to these Decipher Services Terms and Conditions, Decipher will grant Registered Users access to the Decipher website and the Decipher Services upon completion of the registration process.

(b) Without limiting the Decipher Services Terms and Conditions or any other provision of these Decipher Services Terms and Conditions of Use:

(i) while Decipher uses reasonable endeavours to make Decipher Services available continuously, Decipher does not guarantee, represent or or warrant that Your access will be uninterrupted, reliable, timely, secure or error free.

(ii) Your access to the Decipher Services may be suspended without notice in the case of telecommunications interruption or bottleneck, system failure, maintenance or repair or any reason beyond our control (including services provided by third parties becoming unavailable);

(ii) the availability of Decipher Services are dependent on third party providers including for access to maps generated through satellite imagery and, from time to time, these maps may not be available due to factors beyond Decipher’s reasonable control including but not limited to cloud cover or other weather events.

(c) We reserve the right to, at any time, without notice, alter, suspend or permanently remove any Decipher Service component or functionality available at any time.

4. Removal of Access

4.1 Without limiting any other provision of these Decipher Services Terms and Conditions, Decipher may suspend, or terminate access to Decipher Services (and the licence granted under the Decipher Services Terms and Conditions) for Registered Users in whole or in part in the following circumstances:

(a) If Decipher becomes aware, or reasonably believes, that you have provided false or inaccurate information in order to register for Decipher Services;

(b) If Decipher becomes aware, or reasonably believes, that Your registration for Decipher Services was made by someone who did not have authority to apply for registration on Your behalf;

(c) If you notify us that Your Decipher account has been accessed without Your authorisation;

(d) If You are in breach of these Decipher Services Terms and Conditions.

Decipher shall use reasonable endeavours to notify a Registered User if Decipher has terminated or suspended access to the service for any of the reasons set out in clause 4.1.

4.2 A Registered User may cancel access to the service by submitting a request for cancellation via email at support@decipher.com.au. Decipher will use reasonable endeavours to action such requests within one week of receipt.

4.3 Without limiting Decipher’s rights under clause 4.1, Decipher may, at any time, by giving a Registered User no less than 28 days’ notice in writing to customer.service@decipher.com.au, terminate the Registered User’s access to Decipher services for Decipher’s own convenience.

4.4 To the maximum extent permitted by law, and subject to clause 7, Decipher is not liable to You for any liability, loss, cost, expense or damage you may suffer arising out of, or in connection with, the suspension, termination or cancellation of your access to the services, except to the extent that your access to the services is suspended, terminated or cancelled due to Decipher’s wilful or fraudulent misconduct.

5. Warranties and Acknowledgements

(a) Without limiting the provisions of paragraph 7, to the maximum extent permitted by law, including the Australian Consumer Law:

(i) Decipher (including its directors, affiliates, officers, employees, agents, contractors, successors and assigns) makes no warranties about the accuracy, reliability or completeness of any information contained in or produced by Decipher and, to the extent permitted by law, we do not accept any responsibility arising in any way from errors or omissions.

(ii) You agree that we will not be liable to You for any liability, loss, cost, expense or damage suffered by You resulting from any reliance by You on the material available on or through Decipher Services, nor for any interruption to, unavailability of, or delay in operation of Decipher Services or for any virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

(iii) We reserve the right to restrict, suspend or terminate without notice Your access to Decipher Services, or any Decipher Content, or any feature of Decipher Services at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

6. User Warranty

You agree to use Decipher Services in accordance with the Decipher Services Terms and Conditions.

7. Liability

(a) You agree that You use Decipher Services at Your own risk. To the maximum extent permitted by law, including the Australian Consumer Law, You:

(i)  agree that in no event shall we be liable for any direct or indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to Your use of Decipher Services and/or the information or materials contained in it, or as a result of the inaccessibility of Decipher Services and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

(ii) irrevocably release Decipher and its agents and representatives in relation to any claims, damages, judgments, losses, remedies or other matters whether in contract, negligence, tort, under statute, or otherwise, in connection with the use of Decipher Services or any purported reliance on Decipher Services by You.

(b) If a guarantee, condition, term or warranty is implied in these Decipher Services Terms and Conditions by law (including without limitation the Competition and Consumer Act 2010 (Cth)) and the law prohibits provisions which exclude or modify the application of the guarantee, condition, term or warranty then, if Decipher is liable to you arising out of or in connection with a breach of such a warranty, guarantee, term or condition, where it is fair and reasonable to do so, Decipher’s liability to you for any liability, loss, cost, expense or damage suffered by you arising out of or in connection with such breach is, to the extent permitted by law, limited (at Decipher’s discretion):

(i) where the breach relates to goods supplied by or for Decipher, to Decipher:

(1) replacing the goods or supplying equivalent goods;

(2) repairing the goods;

(3) paying the cost of replacing the goods or of acquiring equivalent goods; or

(4) paying the cost of having the goods repaired

(ii) where the breach relates to services provided by or for Decipher, to Decipher:

(1) resupplying the services;

(2) having the services resupplied; or

(3) paying the cost of having the services resupplied.

(c) To the maximum extent permitted by law (and without limiting clause 7(a)), if Decipher charges you for any Decipher Services then Decipher’s liability to you for liability, loss, cost, expense or damage suffered by you in connection with the breach by Decipher of an express warranty set out in these Decipher Services Terms and Conditions relating to the Decipher Services that you have paid for, is limited to the amount paid by you for those Decipher Services.

8. Purchases and Goods & Services Tax

Decipher may, from time to time, charge fees for Content (as defined below) or other functionality, features or services made available through Decipher Services. Unless stated to be otherwise:

(a) charges for any goods or services supplied (or offered for supply) via Decipher are stated exclusive of GST;

(b) You must pay for the relevant Content or functionality, features or services prior to us making the Content, functionality, features or services available to You, or must pay for it in accordance with the payment terms notified to You.

9. Usage and Intellectual Property Rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in Decipher and in all of the material (including all text, graphics, logos, audio and software) made available through Decipher Services ( Content ).

Your use of the Decipher Services and use of and access to any Content does not grant or transfer any rights, title or interest to You in relation to Decipher or the Content. However we do grant You a licence to access Decipher and view or create Content on the terms and conditions set out in these Decipher Services Terms and Conditions and, where applicable, as expressly authorised by us and/or our third party licensors.

Without limiting the other provisions please note that intellectual property in the Google maps content made available through Decipher, is owned by Google and is subject to additional requirements set out in paragraph 12.

Decipher Services are for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services available through Decipher.

If You upload or otherwise disclose or make available any data or material (including a Digital Farm Map) to us through Decipher Services You:

(a) grant Us an irrevocable, non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit, adapt, communicate and exploit the data or material in any form and for any purpose;

(b) warrant that You have the right to grant the licence granted in paragraph (a); and

(c) warrant that the material does not breach the Decipher Services Terms and Conditions or infringe any third party intellectual property rights .

Decipher Services are for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services available through Decipher.

10. Unacceptable Activity

You must not do any act in relation to the use of Decipher’s website or the Decipher Services that Decipher would deem to be inappropriate, or that is unlawful or is prohibited by any laws applicable to Decipher, including but not limited to:

(a) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;

(b) uploading files that contain viruses, or in any other way introduce or permit the introduction of any virus, that may cause damage to our property or the property of other individuals;

(c) reselling any of the Content or Decipher Services made available by Decipher through the website;

(d) use any device or process to disassemble, reverse engineer or in any way reproduce, modify or circumvent the navigational structure, security or presentation of Decipher;

(e) unauthorised extraction of imagery including through inspection of browser history files, web page elements, screen shots, or any other download not provided through an explicitly identified download/report function in the application;

(f) allowing other people to access Registered User account or Your Decipher licence or disclosing Your password and login details to any third party.

11. Linked sites

Decipher’s website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

12. Google Terms and Conditions

You agree that You, and Your use of Decipher Services and any Content produced through Decipher Services incorporating any Google Earth images or Google Maps, shall comply with Google’s:

(a) terms and conditions of use set out at http://maps.google.com/help/terms_maps.html  (or any replacement webpage) as amended from time to time;

(b) legal notices set out at ( http://maps.google.com/help/legalnotices_maps.html ) (or any replacement webpage) as amended from time to time;

(c) Acceptable Use Policy set out at ( http://google.com/enterprise/earthmaps/legal/universal_aup.html ) (or any replacement webpage) as amended from time to time;

(d) Google Earth Engine Terms of Service set out at ( https://earthengine.google.com/terms/ );

(e) Google Earth Engine Acceptable Use Policy set out at ( https://earthengine.google.com/terms/aup/ );

and any addendum referred to in, or incorporated by reference into, the documents referred to paragraphs 12(a) to 12(e) (inclusive) above (together referred to as “ the Google Terms”).

13. Indemnity

To the extent permitted by law, You agree to fully indemnify us, and hold us harmless, against any liability, expenses, costs, loss (including consequential loss) or damage suffered by you arising out of, or in connection with:

(a) Your use of, access to or conduct in connection with Decipher Services or any Content, including any breach by You of the Decipher Services Terms and Conditions and the Google Terms and

(b) any unauthorised access to Decipher Services through your account,

except to the extent that such liability, loss, cost, expense or damage is the result of our negligent act or omission.

14. Jurisdiction and governing law

The Decipher Services Terms and Conditions, and Your use of Decipher Services, are governed by the law of Western Australia and You submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Western Australia.

15. Variations

We may amend all or part of the Decipher Services Terms and Conditions at any time by posting the amended Decipher Services Terms and Conditions on any of our websites and notifying you, either by email or through a notice on any of our websites, that a change has been made. Your subsequent or continued use of Decipher Services after any such change will mean that you agree to the amended Decipher Services Terms and Conditions. If You do not agree to an amendment, You may terminate Your use of Decipher Services by notifying us by email at customer.service@decipher.com.au. These terms and conditions of use were last updated in October 2017.

16. Waiver

The failure or delay on the part of any party in exercising any power or right conferred on it under these Decipher Services Terms and Conditions will not operate as a waiver of the power or right, nor will any single exercise of any power or right preclude any other or future exercise of it, or the exercise of any other power or right under these Decipher Services Terms and Conditions. Any waiver by a party will only be binding and effective if it is given in writing.

17. Severance

If the whole or any part of a provision of the Decipher Services Terms and Conditions is invalid, illegal or unenforceable, then such provision will be severed from the Decipher Services Terms and Conditions and neither that part or provision or its severance will affect the validity or enforceability of the remaining parts or provisions of the Decipher Services Terms and Conditions.