1. Terms: These Terms and Conditions apply to your use of the MyBallance platform. They apply in addition to Ballance’s Website Terms of Use; Privacy Policy; and Standard Terms of Trade, which are also applicable to you. Before creating a MyBallance account you must agree to and accept these Terms.
2. Account Application: To access the products and services available from MyBallance you will need to apply for a MyBallance Account. Ballance may accept or decline your application at its discretion.
3. Information Warranty: You warrant that all information provided with your account application is true and correct and agree to inform us if any of your details change.
4. Contact Us: If you have any questions regarding your MyBallance account, please don’t hesitate to contact us. For contact details, please refer to the ‘Contact Us’ page on the Ballance website.
5. Login / Password: It is your responsibility to:
(a) Keep your login and password secure and confidential;
(b) Notify us immediately if you believe your details are no longer secure and confidential. Please refer to the ‘Contact Us’ page on the Ballance website for contact details.
6. Account Activity: You are responsible and liable for all activities that occur under or through your MyBallance Account. Ballance is not responsible for:
(a) verifying the accuracy or completeness of information input into your MyBallance Account using your login and password;
(b) any unauthorised access to or interference with your MyBallance Account.
7. Authorised Users: You may delegate certain authorised users for your MyBallance Account (e.g a farm manager). Each authorised user (“Authorised User”) will be issued with their own login and password so we can track who is accessing your account. They will also be required to confirm their understanding and acceptance of these Terms but you will remain ultimately responsible for the actions of any Authorised User. Where any Authorised User places an order for products or services through your account, they do so as your agent and you are responsible for payment of all such goods and services ordered and dispatched. You may cancel an Authorised User at any time by following the instructions provided on the MyBallance platform or by contacting us via any of the contact points listed on the ‘Contact Us’ page on the Ballance website.
8. Authorised Merchants: Merchants who are appointed by Ballance as an agent for the sale and distribution of Ballance goods and services (“Authorised Merchants”) may place orders for goods and services to be supplied to you via the MyBallance platform where you have requested they do so. Such Authorised Merchants will have access to your MyBallance Account via their own login and password. All Authorised Merchants are required to confirm that all information accessed concerning your MyBallance Account will be held in accordance with the same terms relating to privacy and use as set out in these Terms and the Privacy Policy. Where any Authorised Merchant places an order for products and services to be supplied to you, Ballance will seek payment from the Authorised Merchant and they will in turn seek payment from you in accordance with the terms of payment as agreed between the Authorised Merchant and you.
9. Consignment Stores: Ballance consignment stores who are appointed by Ballance as an agent for the sale and distribution of Ballance goods and services (“Authorised Consignment Stores”) may place orders for goods and services to be supplied to you via the MyBallance platform where you have requested they do so. Such Authorised Consignment Stores will have access to your MyBallance Account via their own login and password. All Authorised Consignment Stores are required to confirm that all information accessed concerning your MyBallance Account will be held in accordance with the same terms relating to privacy and use as set out in these Terms and the Privacy Policy. Where any Authorised Consignment Store places an order for products and services to be supplied to you, they do so as your agent and you are responsible for payment or all such goods and services ordered and dispatched.
10. Ballance Employees: Various Ballance employees (e.g nutrient specialists, customer service representatives and Ballance owned service centre staff) will have access to your MyBallance Account for the purpose of conducting day to day business with you, which may include placing orders for goods and services to be supplied to you via the MyBallance platform where you have requested they do so.
11. Privacy: Information Ballance collects from you, whether through your application for a MyBallance Account, the activities that occur through your MyBallance Account, or otherwise, will be held in accordance with the Privacy Act 2020, Ballance’s Privacy Policy, our Standard Terms of Trade and these Terms.
12. Data Collection: In addition to the information referred to in the Privacy Policy and Standard Terms of Trade, you authorise Ballance to collect the following information via the use of your MyBallance Account:
(a) Your account number;
(b) Your property details (including location, size, soil type and other information you submit via the platform);
(c) The number of times you have accessed your account;
(d) The activities that occur through your account;
(e) Your product and service preferences;
(f) Data you input into your account (e.g data relating to your farm / fertiliser application / farm maps); and
(g) Any other data and information about you with your consent.
Ballance may also collect data and information about you from third parties with your consent.
13. Data Use: You authorise Ballance to use information supplied by you or an Authorised User, or which Ballance has collected through the use of your MyBallance Account for:
(a) Administering your MyBallance Account;
(b) Collating analytical data from your farm and publishing aggregated analytical data on the MyBallance platform for viewing by other users in the same or similar geographic region, provided that the published data will not specifically identify you or your property;
(c) Contacting you (including via text or email) about products, services, special offers, publications or promotions we think you may be interested in. You may unsubscribe from receiving communications from Ballance about products, services, special offers, publications or promotions at any time by following the unsubscribe instructions in the email, or by contacting Ballance via any of the contact points listed on the ‘Contact Us’ page on the Ballance website.
(d) Supplying you with products or services ordered by or for you on your behalf;
(e) Recording and following up queries and complaints;
(f) Credit checking and debt collection;
(g) Providing such information to:
(i) Authorised Users;
(ii) Authorised Merchants;
(iii) Authorised Consignment Stores;
(iv) Other business units within the Ballance group of companies, including authorised service centres;
(v) Suppliers of products or services to Ballance or our group of companies that support the goods or services Ballance provides you;
(vi) Persons who we may be required to pass your information to by reason of legal, governmental or regulatory authority;
(vii) Any other organisation that is a Ballance business partner where you are also a customer of that organisation;
(viii) Any other organisation with your consent; and
(h) Any other purposes consented to by you.
Ballance will not sell, distribute or share your data / personal information to a third party except as provided for in these Terms, the Privacy Policy, our Standard Terms of Trade or where otherwise authorised by you.
14. Data Input: You are responsible for ensuring all data you, or an Authorised User inputs into your MyBallance Account is accurate. Ballance gives no warranties or representations that any data:
(a) accessed by you or transferred into your MyBallance Account by a third party with your consent; or
(b) collected, stored, accumulated, aggregated, used or disclosed by Ballance, via your MyBallance Account (including disclosure by Ballance to you or to any third party at your direction or with your consent),
is complete or accurate and such data cannot be relied upon by you, your Authorised Users or any other person.
15. Data Ownership: You are the owner of all data you input into your MyBallance Account. You authorise the use of such data in accordance with clause 13.
16. Intellectual property: Intellectual property in relation to soil data has been licenced in from Landcare Research New Zealand Limited and is made available for activity relating to your MyBallance account only.
17. Maps: Ballance has no responsibility for ensuring the accuracy of any maps accessed through your MyBallance Account, despite any assistance Ballance might provide in relation to farm maps in your MyBallance Account.
18. Availability: Ballance will use reasonable efforts to ensure consistent availability of the MyBallance platform but cannot, and does not guarantee that access will always be available, be uninterrupted, secure or error free.
19. Online Orders: All orders for the purchase of products and/or services are subject to Ballance’s Standard Terms of Trade. Orders are subject to availability.
20. Suspension and Cancellation
(a) We may cancel or suspend your online MyBallance Account at any time upon notice to you.
(b) We may also cancel or suspend the access of any Authorised User to your online MyBallance Account at any time, and for any reason, upon notice to you.
(c) You may suspend or cancel your online MyBallance Account by giving notice to us at any time via any of the contact points listed on the ‘Contact Us’ page on Ballance’s website.
21. Liability:
(a) Subject to the remainder of this clause 21, our liability for direct losses incurred by you as a result of our breach of these Terms shall be limited in aggregate to the amount of fees paid by you to us in connection with the affected service in the 12 month period preceding the claim.
(b) Except as set out in (a) above, in no circumstances will we, our employees, officers, contractors, affiliates or agents be liable to you in contract, tort (including negligence), equity, statute, regulation or otherwise for any loss, damage, costs, legal costs or professional or other expenses of any nature whatsoever incurred or suffered by you, an Authorised User, or by any other third party arising out of or in connection with these Terms or your use of (or inability to use) the MyBallance platform or your MyBallance Account. In no circumstances will we, our employees, officers, contractors, affiliates or agents be liable for any special, indirect or consequential loss or damage, economic loss or other loss of turnover, loss of revenue or profits, loss of business, loss of data, business interruption, damage to reputation or loss of goodwill arising out of or in connection with these Terms or your use of (or inability to use) the MyBallance platform or your MyBallance Account.
22. Indemnity: You must indemnify Ballance for any loss caused as a result of a breach by you or any Authorised User of these Terms.
23. Amendments: Ballance reserves the right to amend or replace these Terms from time to time. Amendments will be effective immediately upon being placed on Ballance’s website (www.ballance.co.nz).
24. General
(a) If any provision of these Terms is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms and the remaining provisions shall continue in full force.
(b) If we delay or do not exercise any of our rights or remedies under these Terms, that will not be a waiver of the right or remedy.
(c) These Terms are governed by the laws of New Zealand and subject to the exclusive jurisdiction of the Courts of New Zealand.
25. Definitions and Interpretation: In these Terms, unless the context requires otherwise:
(a) Reference to “Ballance” “we”, “our” and “us” means Ballance Agri Nutrients Limited.
(b) Reference to “you” and “your” means the owner of the MyBallance Account.
(c) “Terms” means these terms and conditions as may be amended by us from time to time.
(d) A reference to a party or person includes any form of entity whether incorporated or not and their respective successors, assigns or representatives.