Welcome to the Rencon Forestry website. The Site is operated by Rencon Forestry and presents the Terms and Conditions.

These Terms and Conditions also apply to the delivery and use the Products and services of Customers and Service Providers of Rencon Forestry as outlined below.

Access to the Site

1.1 By using the Site and any of the content or materials delivered to you, you signify your agreement to these Terms of Conditions and other rules and requirements specified in this Site.

1.2 You also agree that, in your use of the Site you will comply with all applicable local, national, and international laws and regulations according to the State of Victoria, in Australia in accordance with the Territory.

Terms and Conditions

2.1 Unless otherwise stated Recon Forestry owns the Intellectual Property rights in the website and in the Products and Services supplied to its Customer subject to the license terms below.

2.2 In using this site you may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions. You must not reproduce, duplicate, copy or otherwise exploit material from this website for commercial purposes.

2.3 The Company respects the Intellectual Property, Confidential Information and Privacy of its Customers and Suppliers in accordance with these Terms and Conditions.

Confidential Information

Rencon Forestry warrants that all Data supplied by its Customers and Suppliers to the Company shall remain under a strict policy of Non – Disclosure and Confidentiality.

3.1  Rencon Forestry agrees to hold the Customers Confidential Information in strict confidence in accordance with these Terms and Conditions.

3.2 Recon Forestry agrees not to disclose any Confidential Information to third parties without the prior, written consent of the Customer.

3.3 Recon Forestry agrees not to use any Confidential Information for any purpose except for the purposes outlined under the Data Licensing provisions in Clause 7 below.

3.4 Recon Forestry will ensure that all employees or agents to whom Customers Confidential Information is disclosed are legally bound to keep the Customers Confidential Information confidential and not to use the Confidential Information except for the purposes outlined in the provision of its Services.

Privacy

Our Customers right to privacy is important to us. The following terms are provided to explain how Rencon Forestry collects and use information that respects your Privacy.

4.1 Rencon Forestry and the Customer agree to comply with the terms of the Australian Privacy Act 1988 and Privacy Amendment Act (Enhancing Privacy Protection Act) 2012 (Cth).

4.2 Recon Forestry upholds the obligation to ensure that Customer Data is neither lost nor exploited. The Company upholds the Privacy of all material supplied as Customer Data in accordance with the Company’s privacy policy which is available here:

Privacy Policy

4.3 For the purposes of clarity Recon Forestry agrees to the following use of Data and privacy purposes.

Data protection

4.4  Rencon Forestry  is keen to strike a fair balance between personal privacy and ensuring that you obtain full value from the products and services it provides, while ensuring that it complies with all the protection in the Privacy Act 1988 afforded to individuals. Recon Forestry will hold your Data securely in accordance with this Act.

Collection and use of personal data

4.5 Customer data is not stored nor captured through the Site or its Products or Services  without the prior knowledge and consent of its Customers. Where personal information is captured (e.g through web-based forms for feedback, registration, requests, etc), the user will be informed as to what personal information is being collected, who will use it, and for what purpose(s) it will be used.

4.6 Any Data that you give us will be treated with the utmost care and security. We will hold your personal information in our systems for as long as it is still used for the purpose stated when originally requested in accordance with any other licensing provisions.

4.7 Rencon Forestry is keen to strike a fair balance between your personal privacy and ensuring that you obtain full value from the products and services it provides, while ensuring that it complies with all the protection of the Privacy Act 1988.

4.8 Should you request that we amend or suppress records containing Data, we will endeavour to do so as promptly as practical. However, you may receive communications for a transitional period while we process your records.

Cookies

4.9 This Company Website may use cookies – a small piece of information stored on your computer in the form of a file – where strictly necessary for the purposes of making the Website work, for monitoring performance or facilitating functionality. You may refuse the use of cookies by adjusting the settings of your web browser, however please note that if you do this you may not be able to use the full functionality of the Site. By using the Site, you consent to the use of cookies and use of the data they provide.

Access to Data

5.1 Recon Forestry and the Customer agree to access all Data in the manner set out in accordance with the provisions listed below.

5.2 Recon Forestry and the Customer acknowledges and agrees that they each party will provide them with any account, identification numbers and/or passwords, furthermore the parties agree:

(a) they will bear sole responsibility for protecting all identification numbers and passwords;

(b) they will not provide such identification numbers and passwords to any third party;

(c) they will for security purposes change such identification and passwords periodically or as directed by Recon Forestry and the Customer from time to time.

5.3 The Customer acknowledges that Recon Forestry will not be obliged to provide access to any Products or Services to the extent it is prohibited from doing so by Law or any of its agreements with its suppliers or service providers.

5.4 Recon Forestry and the Customer agree to keep backup records of Data on a secured server, and that no third parties will be given permissible access to the Data on this server.

5.5 Recon Forestry and the Customer agree to erase any data received on a portable device once the Data has been delivered to the party.

5.6 Respecting the reciprocal Intellectual Property rights of both parties, Data will be supplied identifying the author and history of the creation of Data.

5.7 Recon Forestry agrees to deliver and the Customer agrees to accept Data according to the the terms of providing its Services respecting the Confidential Information of both parties.

6.2 Service License

This is an exclusive licence granted by the Customer for Recon Forestry to perform a task Customers Data for a specific service. Recon Forestry accepts an exclusive license from its Customers respecting the third party Intellectual Property Rights of the Customer and return the Data.

6.2.1 Subject to these Terms and Conditions the Customer grants a exclusive, non- transferable, non assignable license for Recon Forestry to access and use its Data in the Territory, for its enterprise only and solely for the Company’s internal business purposes as outlined in the Services or Product Schedule.

6.2.3 The rights under this license include the exclusive right for the Company to perform a Service including, but not limited to data cleansing, data reports, database support, archiving of data, performance tuning and optimisation of Data, migrations and upgrades, database consolidation, database design, and database assessment and planning.

6.2.4 The exclusive License permits the Company to perform these Services only. Under no circumstance may Recon Forestry license or sublicense the Data for any other purpose other than for the performance of its duties under this License listed in the Product Schedule.

6.2.5 The grant of this licence will be transactional in nature, and granted in consideration for the performance of specific duties payable for a fee outlined in the Product Schedule for a specified Term, in relation to the service and delivery of the core Products of the Company.

6.3 Education and Training Materials

6.3.1 Rencon Forestry routinely provides to its employees Education and Training Materials for the training of its staff. (“Materials”).

6.3.2 The Materials provided to the employees or employees  are to be treated confidentiality and for the purpose of contractual employment of “Koala Spotting Activities” with Rencon Forestry only. (“Koala Spotting Activities”)

6.3.3 This includes all Educational Training Materials and industry information with regards Koala Spotting Activities as provided by Recon Forestry to the employees.  Rencon Forestry retains exclusive ownership of their Confidential Information in the Materials.

6.3.4 All Communications about the Materials including text messages, photos, videos, screenshots, emails, social media or communications in any other social media messaging services (including “Whats App” Chat Groups) are also considered Confidential Information for the purposes of employment with the Recipient. (“Communications”)

6.3.5 Confidential Information includes but is not limited to all registered and non registered rights including Copyright, Trade Marks, Trade Secrets or other commercially sensitive information that is owned by Rencon Forestry and that forms the Materials and Communications as may be further defined in its contract agreements. (“Confidential Information”)

6.3.6   The employee must keep all Confidential Information in strict confidence and use it solely for the Purpose. The employee must ensure that only its officers with a need to know the Confidential Information for the Purpose have access to the Confidential Information.

6.3.7 The employee must ensure that all such officers who have access to the keep the Confidential Information do so in strict confidence.

6.3.8  The employee must destroy or return to Rencon Forestry all of the Confidential Information immediately upon request by Recon Forestry. If the employee is terminated from employment or by request by Rencon Forestry all Materials and Confidential Information must be returned to Rencon Forestry within twenty four (24) hours.  The employees must destroy any Communications immediately upon termination of their employment or by direction by Rencon Forestry.

6.3.9 Recon Forestry does not make any representation or warranty that the Confidential Information does not infringe the rights of another person or as to the accuracy of the Confidential Information.

6.3.10 Each party acknowledges that, in addition, to any other remedy that may be available in law or equity, the other Party is entitled to interim, interlocutory and permanent injunctions to prevent breach of these terms and conditions.

6.3.11 Any employee will not compete nor engage in or solicit business from the Rencon Forestry customer base or competition within Australia for a period of 12 months after ceasing employment with Rencon Forestry.

6.3.12 The employee will not make direct contact nor compete with the Rencon Forrestry existing or previous customer base or competitors with regards Koala Spotting Activities. The employees will additionally not sell goods or services to any client, competition, customer or supplier of Rencon Forestry.

6.3.13 The employee shall not accept employment with or provide services to any Australian competitor of Recon Forestry where they may be required to directly or indirectly make use of or disclose their Confidential Information. The Recipient is specifically restrained from passing on any Confidential Information, Intellectual Property, Communications or Materials that are commercially sensitive after or during any period of employment with Recon Forestry.

Fees

7.1 The Customer will pay Recon Forestry the fees set forth in, and in accordance with the agreed Products or Services.

7.2 Except as expressly provided for in the Products or Services  are GST exclusive. If provision of the Product Data is subject to GST, the Customer must pay to RenCon Forestry an additional amount equal to the relevant fee multiplied by the applicable GST rate. Such additional amount is payable at the same time as the related fee.

Limited Warranty

8.1 Recon Forestry hereby represents and warrants that the Product or Services  will have those features described in the Product Schedule or within any applicable Product Terms, and that it will use commercially reasonable efforts to ensure that any Data is accessible in accordance with these Terms and Conditions. In the event of any breach of this warranty, the Customer agrees, as Rencon Forestry service providers’ sole and exclusive obligation and the Customer’s sole and exclusive remedy, to use commercially reasonable efforts to modify, correct or provide access to the relevant Product Data.

8.2 The warranty set forth in clause 8.1 is in lieu of any other warranties, and to the fullest extent permitted by Law (subject to clause 8.3), all other warranties are hereby excluded, and the Company and its service providers hereby expressly disclaim all warranties:

(a) that if the Products and Services are accessed via the Company’s Web site, that Rencon Forestry’s site will function in an uninterrupted manner, be available 24 hours a day, 7 days a week, or be fully secure;

(c) that any data stored by Recon Forestry will be accurate, reliable or secure

(d) errors or defects will be corrected, however Rencon Forestry will endeavour to correct errors within a reasonable time;

(e) regarding the use of the Product Data, in terms of correctness, accuracy, reliability or otherwise;

(f) the Products will be free of viruses or other harmful components however, Rencon Forestry will use reasonable endeavours to ensure that the Products will be free of viruses;

(g) that the statistical methods on which any of the Product Data are based use appropriate   or accurate assumptions, are fit for the Customer’s particular purpose or are otherwise suitable for the Customer’s use; or

(h) that the performance of the Products will not be affected by data entry errors, including incorrect entries, double entries or delayed entries, or incorrect or untimely data supplied by Recon Forestry’s third party suppliers.

8.3 The Product Data, including, without limitation, any information, data, prices, and quotations contained therein, are subject to change without notice, except as otherwise expressly provided herein, Recon Forestry is provided to the customer on an “as is, as available” basis without any representations or warranties of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for particular purposes, title, non-infringement, security, availability, accuracy, or otherwise.

8.4 The Customer acknowledges that it has read, understands and accepts and agrees to any additional terms, conditions and limitations of Recon Forestry suppliers set forth in the Product or Services Schedule, if any.

Property Rights, Company Indemnification

9.1 The Customer will indemnify and hold the Company and its service providers harmless from, any claim based upon use of any Products or Services or any Product Data in combination with any equipment, services, data, algorithms, models, indices, tools and/or products not supplied by the Company or its service providers, if the alleged infringement would not have occurred but for such use;

9.2 The Customer will indemnify and hold the Company and its service providers harmless from, any claim relating to the Customer Data, including the Company’s and its service providers’ use of Customer Data as permitted under this agreement

9.3 If at any time all or any part of the Services, Products or the Product Data is, or in the Company’s opinion may become, subject of any claim or suit for any infringement, the Company may at its own expense and option modify or replace the affected Services, Product or Product Data so that it is non-infringing, or obtain for the Customer the right to continue using the affected Product or Product Data.

9.4 If neither of foregoing options is in the Company’s opinion commercially reasonable, the Company will have the right to alter these Terms and Conditions  with immediate effect after which time the Customer’s use of the affected Product or Product Data is at the Customer’s sole risk.

Proper Records, Right to Inspect and Audit

10.1 The Customer or Supplier will follow all reasonable instructions Rencon Forestry gives from time to time with regard to the use of the Services, Products and Product Data.

10.2 Rencon Forestry permits the customer at all reasonable times to check that the Services, Products and the Product Data are being used in accordance with the terms of the Product Schedule, and for such purposes the Customer must maintain complete and accurate records of the Customer’s use of the Services, Products and the Product Data and will allow the Company a right to inspect the Product Data supplied to it.

10.3 To assist the Company in meeting these obligations the Customer agrees to comply with and/or accept responsibility for all of the Company’s obligations expressed or implied in such supplier agreements including ensuring ownership of all specified Data.

Limitation of Liability

11.1 To the maximum extent permitted by Law, in no event will Rencon Forestry and its service providers’ aggregate liability to the Customer exceed the amount of fees actually paid by the Customer to the Company in accordance with the Services or Product Schedule.

11.2 To the maximum extent permitted by Law, in no event will the Company and its service providers be liable for

(a) any special, consequential, indirect, incidental, punitive or exemplary damages of any kind, or

(b) damages for any loss of profits or revenue, loss resulting from interruption of business or loss of use or Data, arising out of or relating to the supply or services however caused, even if the Company and its service providers have been advised of or should have known of the possibility of such loss.

(c) The Customer assumes the risk in using the Products and the Product Data as well as total responsibility for establishing such procedures for data backup and virus checking as the Customer considers necessary.

No Warranty

12.1 Rencon Forestry makes no express warranty or representation:

  1. a) that access to this Company Website will be uninterrupted. Rencon Forestry is not responsible for any loss or damage you may incur as a result of your
  2. b) as to the accuracy or authenticity of all information contained within the Company Website
  3. c) as to the functionality or operation of this Company Website or the features contained in it;
  4. d) that the Company Website is free from viruses or defects; or use of this Site or your use of or reliance on the Site Content.

Full Screen Format

13.1 You must not display the information on this Site other than in full screen format. The information contained in this Site is not to be displayed within a frame of another Site without the Company’s permission.

Links To and From This Site

14.1 The Company Website includes links to other websites each linked website has its own terms and conditions of use, and you must ensure that you comply with them.

14.2 Each link to another website is provided by Rencon Forestry for assistance only. In providing those links, Rencon Forestry does not endorse or make any representation or warranty regarding the products, services or information available via any linked website, or in respect of the owner or operator of that website.

14.3 Rencon Forestry is not responsible for any loss or damage arising from your use of or access to any linked website.

Definitions and Interpretations

Definitions

In the Terms and Conditions:

“Rencon Forestry ” means the Company  and associated registered business entities.

“Confidential Information” means all Data (as defined in the Terms of Service) stored using the Services including but not limited to computer source code, files and content contained within (e.g. source code, any business plan, concept, idea, know-how, process, technique, program, design, formula, algorithm or work-in-progress, any engineering, manufacturing, marketing, technical, financial, data, or sales information, pricing or business information, and any other information or materials, whether written, or graphic, or any other form), or any other proprietary information created for Direct Marketing purposes as contemplated by the Terms and Conditions. Other than as expressly provided in the use of its own Product Data the Company obtains no proprietary rights of any kind to your Confidential Information. Ownership of your Confidential Information stored by the Company is retained by the Customer as described in the Terms and Conditions.

Also means this and all information in  Materials  which is the property of the Company and which is disclosed in writing, orally or by any other means to employeess or its representatives. This includes any Communications made between the Company and the employees. It includes any notes, copies or extracts made by the Recipient or its officers in relation to this information but does not include information which the Recipient can prove to the reasonable satisfaction of the employees that the information was publicly available, other than as a result of a breach of this Agreement. Confidential Information includes but is not limited to all registered or pending Trade Marks, Copyright, Patentable systems and licenses used by the Recipient used in its employment that is owned by the employees.

“Company” means Recon Forestry ACN 143 849 227 at 38 Henty Street Casterton VIC 3311 Company Website means “Recon Forestry company Website : www.reconforrestry.com.au “

“Communications” includes but is not limited to photos, videos, screenshots, emails, text messages, phone calls, social media including Whats App Chat Groups or any other messaging service used to communicate Confidential Information between the Company and its employees.

“Creative Commons Attribution – Non Commercial Licence” means the Creative Commons Attribution – Non Commercial 3.0 Australian licence outlined at: http://creativecommons.org/licenses/by- nc/3.0/au/legalcode

“Customer” is the individual or Company referred to in Product Schedule and includes the agents and employees of the Customer.

“Customer Data” means any and all data, information, content, databases, metadata and other m terials provided or that may be supplied  by the Customer (or otherwise obtained by the Company from the Customer), directly or indirectly, from time to time, including any content posted for the purposes of the Products or Services.

“Data” means all data, information, databased, Customer Data, Product Data, exchanged between the Company and Customer subject to the licenses contained within Clause 7 of the Terms and Conditions. This includes but is not limited to computer source code, GPS data, photographs or files and content contained within (e.g. source code, any business plan, concept, idea, know-how, process, technique, pro- gram, design, formula, algorithm or work-in-progress, any engineering, manufacturing, marketing, technical, financial, data, or sales information, pricing or business information, and any other information or materials, whether written, or graphic, or any other form) any other proprietary information created by Recon Forestry.

“GST” has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).

“Intellectual Property” includes, without limitation, present and future:

(a) copyright including future copyright and so called neighbouring rights;

(b) design applications and registered or unregistered design rights;

(c) trade secrets, know-how and confidential information;

(d) trade mark applications and registered or unregistered trade marks;

(e) rights in relation to circuit layouts, semi-conductor chips and integrated circuits;

(f) patents; and all other intangible property rights and all statutory and common law rights and remedies in relation thereto.

“Koala Spotting Activities” includes but is not limited to touring, education and workshops activities that the Recipient may be under contractual obligations to perform as part of a  separate employment agreement with employees including ‘spotting handover activities’ or any other activity relating to Koala Spotting.

“Terms and Conditions” means these terms of use, together with the Recon Forestry Privacy notice listed in Clause 4 and any additional terms, conditions, notices and disclaimers displayed on the Recon Forestry Site.

“Law” means common law, principles of equity, and laws made by parliament (laws made by par liament include State, Territory and Commonwealth laws and regulations and other instruments under them, and consolidations, amendments, re-enactments or replacements of any of them).

“Materials” includes all operation manuals, training materials, schemes, diagrams, written materials and any other resources written and owned by Rencon Forestry for the services relating to Koala Spotting Activities provided to Recipient during the course of its employment with the Company.

“Non Disclosure” means the duty not to disclose any Confidential Information to third parties without the prior, written consent of the Customer.

“Open Source Licence” means a licence to provide Data to the Customer for Direct Marketing under the terms of a Creative Commons Attribution – Non Commercial 3.0 Australian licence outlined at http://creativecommons.org/licenses/by-nc/3.0/au/legalcode to:

“Party” and “Parties” means Recon Forestry and the Customer.

“Personal Information” means information or opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained from the information or opinion with Recon Forestry warrants to protect.

“Privacy Policy” means Recon Forestry’s privacy policy linked here [provide link to above document] as updated from time to time as defined in Clause 4.

“Product Data” means any data or results, including any property information, ownership information, sales information, photographs, valuation or market share analyses, index results or alerts, GSP data, photographs or other media contained within or provided through the Products respecting the Intellectual Property of Customers and Suppliers.

“Products” means those property information data or services, software and/or valuation products listed as such on a Product Schedule.

“Product Schedule” means the schedule provided to the Customer separately in either hard or soft copy executed by or on behalf of the Customer which contains the Product identity and description, the fees payable and other material terms of the Customer’s Contract.

“Product Term” means the length of any licence or customer arrangement specified in the Product Schedule.

“Site” means the Company Website.

“Services” means the services that Rencon Forestry provides including Fauna Spotting and Surveying, Fauna Training, Blue Gum Coppice Thinning, Pine Pruning, Fire Services, Inventory, General Labour, Project Management, Aerial Surveying and Koala Spotting Activities.

“Suppliers” includes but is not limited to third party suppliers to the Company.

“Terms and Conditions” means the terms outlined here which form the basis of a product disclosure statement on behalf of the Company.

“Territory” means Australia. For the avoidance of doubt, any dispute in relation to the supply of Data shall be restricted to all applicable local, national, and international laws and regulations according to the State of Victoria, Australia.