Terms of Use

1. Agreement to Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you and Auxein Limited (NZBN: 9429041651063, "Auxein", "we", "us", "our") governing your access to and use of the Auxein website and related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

2. Services Description

Auxein provides climate intelligence, vineyard management solutions, and related consulting services for the New Zealand wine industry. Our Services include:

• Auxein Insights Pro - Vineyard management platform
• Regional Intelligence - Free climate data platform
• Climate and vineyard data products
• Sustainability and climate risk consulting

3. Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Services under applicable laws
• Provide accurate and complete information when contacting us

If you are using the Services on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

4. Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose or in violation of these Terms
• Attempt to gain unauthorised access to any part of the Services
• Interfere with or disrupt the Services' operation or security
• Use automated tools to scrape, crawl, or extract data from the Services
• Reverse engineer, decompile, or disassemble any part of the Services
• Upload malicious code, viruses, or harmful content
• Impersonate any person or misrepresent your affiliation with any entity
• Use the Services in any way that could damage our reputation or goodwill

5. Intellectual Property

5.1 Our Intellectual Property

The Services, including their design, features, content, and underlying technology, are owned by Auxein and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

5.2 Feedback

If you provide feedback, suggestions, or ideas about our Services, you grant us the right to use this feedback without restriction or compensation.

6. Third-Party Services

Our Services may contain links to third-party websites or services that are not owned or controlled by Auxein. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

7. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, or secure, or that any defects will be corrected.

CLIMATE DATA AND FORECASTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON AS THE SOLE BASIS FOR ANY AGRICULTURAL, BUSINESS, OR FINANCIAL DECISION. ACTUAL CONDITIONS MAY VARY SIGNIFICANTLY FROM PREDICTIONS.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AUXEIN AND ITS DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including the Consumer Guarantees Act 1993 (NZ) where applicable.

9. Indemnification

You agree to indemnify and hold harmless Auxein and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.

10. Changes to Terms

We may modify these Terms at any time by posting revised Terms on this page. Material changes will be communicated with reasonable notice. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

11. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Auxein.
• Severability: If any provision is found unenforceable, the remaining provisions continue in effect.
• Waiver: Our failure to enforce any right does not constitute a waiver of that right.
• Assignment: You may not assign your rights under these Terms without our consent. We may assign our rights without restriction.

12. Governing Law and Disputes

These Terms are governed by the laws of New Zealand. Any disputes arising from these Terms shall be resolved exclusively in the courts of New Zealand.

Before initiating any formal proceedings, you agree to attempt to resolve disputes informally by contacting us at pete@auxein.co.nz.

13. Contact Information

For questions about these Terms, contact us at: