Electronic Field Notebooks Terms of Service

Terms of Service

Please read these terms and conditions carefully before using fieldnote.au, fieldmark.app, or other affiliated Fieldmark websites (collectively, the “Website”) or the content, products, or services offered by EFN, Inc., including under the Fieldmark product name (the “Services”). The Website is owned and operated by Electronic Field Notebooks Pty Ltd (“EFN”). The Website and Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, EFN’s Privacy Policy) and procedures that may be published from time to time on the Website by EFN (collectively, the “Terms”). If you will be using the Website or Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE AND SERVICES. By accessing or using any part of the Website and Services, you agree to be bound by the Terms. If you do not agree to all of the Terms, then you may not access the Website or use any Services. If the Terms are considered an offer by EFN, acceptance is expressly limited to these Terms.

Website and Services The Website and Services offered by EFN include Fieldmark, an application that supports data collection in the field, along with associated services for storing and managing the data that is collected. EFN may also offer additional services such as enhanced support or customisation of the Fieldmark mobile app for specific applications or organisations.
Your Account You will be given a user account with which to login to Fieldmark, and you may be allowed to invite others to create accounts as part of your data collection activity. You are responsible for maintaining the security of your account.
Payment and Renewal Paid services may be made available on the Website (“Paid Services”). By selecting Paid Services you agree to pay EFN the fees indicated for those services. Payments will be charged in accordance with the pricing and payment terms presented to you when you sign up for any Paid Services.
Application Updates EFN will make updates to the Fieldmark application suite from time to time. This will involve updates to the mobile application, issued through the Apple App Store or Google Play Store, and updates to the Fieldmark web applications. EFN will provide notice of any updates that may interrupt your use of the Fieldmark application but cannot guarantee that the Fieldmark application will be available at all times.
Intellectual Property The intellectual property rights in all software, the Services and Website content (including photographic images) made available to you on or through this Website remain the property of the Website Owner or its licensors and are protected by copyright laws and treaties around the world. EFN reserves all such rights. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Data Ownership Unless otherwise agreed, EFN does not claim ownership of any data you may collect, store, or otherwise submit through the Website and Services (“Your Data”). You retain ownership of Your Data and EFN will not utilize Your Data for any purpose other than to perform its obligations under these Terms. By using the Website and Services, you grant EFN permission to use Your Data for operational purposes as necessary to provide the Services to you.
Data Security EFN is dedicated to data security while data is stored on our infrastructure. However, EFN does not provide a long-term data store and users should plan to download and manage their own copies of data on a regular basis. Users of the Website and Services are solely responsible for maintaining the security of all data collected using the Website and Services once it has been downloaded.
Disclaimer of Warranties The Website and Services are provided “as is”. EFN and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither EFN nor its suppliers and licensors makes any warranty that the Website or Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website or Services at your own discretion and risk.
Limitation of Liability
1. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law (ACL), the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.
2. To the fullest extent permitted by law, EFN hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute Goods and Services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
3. This disclaimer does not affect the EFN’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under the ACL or other law.
Indemnity You agree to indemnify, defend and hold harmless EFN, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Use.
Variation EFN must have the right in its absolute discretion at any time and without notice to amend, remove or vary the Goods and Services or any page of this Website.
Invalidity If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/subclause or part of a clause/subclause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/subclause as is permitted by law.