OVERVIEW

Last update: May 2024

This website is operated by Pessl Instruments GmbH. Throughout the site, the terms “we”, “us” and “our” refer to Pessl Instruments GmbH and all its brands, branches, services and products offered being the principal ones listed in Annex I. Pessl Instruments GmbH offers these websites, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store/platform/site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

The Terms of Use apply to all our websites, apps, services, features, software and platform, (together, Services) unless specified otherwise. Annex I contain not limited to all the main sites and software’s offered by us.

Agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products and/or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Pessl Instruments GmbH is applying IP geo–blocking in countries where the United States or EU Europe has imposed trade embargoes (in particular Crimea, Cuba, Iran, North Korea, Syria, and the Donetsk People’s Republic, Luhansk People’s Republic of Ukraine, Russia, Belarus, and Venezuela – current as of May 2024; subject to change from time to time). The IP addresses of those countries will be recognized and blocked from access to all Web services offered to ensure compliance with all applicable laws and regulations, including those related to trade embargoes and intellectual property (IP) protection.

You understand that your content (excluding all personal information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3.1 – GENERAL INFORMATION ABOUT CONTENT

All of the text, data, illustrations, images, graphics, photographs, audio, video and audio-video clips, software applications, and all the other information, materials and tools made available to you and your company through this Site (collectively, the “Content”) is copyrighted under Austria law and applicable international copyright laws and treaty provisions. The copyrights in the Content are owned by a Pessl Instruments GmbH Entity or third parties who have licensed their materials to a Pessl Instruments GmbH Entity. The entire Content of this Site is copyrighted as a collective work under Austria copyright law and applicable international copyright laws and treaties, and Pessl Instruments GmbH owns the copyright in the selection, coordination, arrangement and enhancement of the Content. You and your company may download, store, print, and copy selected portions of the Content provided.

1.You and your company only use the Content you download for your or your company’s internal business use or to further your or your company’s business dealings with the Pessl Instruments GmbH Entities;

2.Neither you nor your company publish, perform, display or post any part of the Content on any other Internet site;

3.Neither you nor your company publish, perform publicly, display publicly, or broadcast any part of the Content in or on any other media;

4.Neither you nor your company modify or alter the Content in any way or delete or modify any copyright or trademark notices or notices of confidentiality. Except as expressly stated above, neither you nor your company may copy, print, publish, display publicly, perform publicly, distribute, transmit, or create derivative works based on all or any part of the Content of this Site without first obtaining written permission from Pessl Instruments GmbH. No right, title or interest in any part of the Content is transferred to or acquired by you or your company under this Agreement or by virtue of your or your company’s use of this Site, except the right to use the Content subject to the terms of this Agreement. The limited license set forth above does not apply to any software applications that you download from the Site. Your and your company’s use of any software you download from the Site will be subject to the terms and conditions of the software license provided for your review and acceptance at the time you download the software.

SECTION 3.2 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, data information, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 3.3 ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 3.4 – COPYRIGHT & TRADEMARK

Pessl Instruments GmbH and related entities and/or their licensors together own all rights, title, and interests, including all copyrights, patent rights, trademark rights, trade secret rights, rights in know-how, and all other intellectual property rights in and to (a) this Site, including the design, features, functionality, navigation, and “look and feel” of this Site and the hardware, software, code, interfaces and connectivity used to operate and maintain this Site, and (b) the Content, including the software and other software tools made available through this Site. No right, title or interest in any of the foregoing is transferred to or acquired by you or your company under this Agreement or by virtue of your or your company’s use of this Site, except the right to use the Site subject to the terms of this Agreement.

All of the trademarks, service marks and logos displayed on this Site (“the Trademark(s)”) are registered and unregistered trademarks of Pessl Instruments GmbH, one of the other Pessl Instruments GmbH Entities or a third party that has licensed its trademarks to one of the Pessl Instruments GmbH Entities. No right, title or interest in any Trademark is transferred to or acquired by you or your company under this Agreement or by virtue of your or your company’s use of this Site. Except as expressly permitted under this Agreement, neither you nor your company may reproduce, display or otherwise use any Trademark without first obtaining written permission from the owner of the Trademark.

SECTION 4.1 – PRODUCTS OR SERVICES

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

As used in this Agreement the term “Pessl Instruments GmbH “Service(s)” and/or “Product(s)” refers to the full line of agricultural products/services sold by the Pessl Instruments GmbH entities.

SECTION 4.2 MODIFICATIONS TO THE SERVICES, PRODUCTS AND/OR PRICES

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 4.3 – PESSL INSTRUMENTS LINKS
This Site contains hyperlinks to other websites operated by Pessl Instruments GmbH as described in Section 4 as Services. All Pessl Instruments GmbH websites serves different purposes but are governed by this Terms of Use and Privacy Policy, unless specified otherwise.

SECTION 5.1 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
Click here to view our Privacy Policy.

SECTION 5.1.1 – USER, PASSWORD AND SECURITY
Certain areas of our Services are password protected. You must register and select a username and password before you may access and use the password protected areas. You and your company are entirely responsible for maintaining the confidentiality of your username and password. Furthermore, you and your company are entirely responsible for all activities that occur on this Site using your username and password, whether or not the activities or the use of your password were authorized by you or your company. You or your company must notify Pessl Instruments GmbH. immediately of any known or suspected unauthorized use of your username and password or any other breach of security (contact Pessl Instruments GmbH. by phone: +43 3172 5521 or [email protected]).

Click here to view our Privacy Policy.

SECTION 5.1.2 UPDATING USER INFORMATION

When you register on this Site, you will be asked to provide certain information about yourself and your company. You or your company must notify us promptly if any of the information that you provided as part of this registration process (the “User Information”) changes, or if you or your company becomes aware that any of the User Information is inaccurate or incomplete. To notify us of changes to or mistakes in the User Information, visit the Preferences page when you log on to this Site. Notwithstanding your or your company’s obligation to provide us with updated User Information, we have the right to rely on the User Information that you or your company previously provided until such time as you or your company have provided us with updated User Information. You and your company further agree that we may provide notices related to this Agreement or to this Site by e-mail using the latest e-mail address you or your company have provided through this Site. If you cease to be an employee or authorized agent of your company, or cease to be authorized by your company to use this Site, then your company must promptly notify Pessl Instruments GmbH., and you are no longer authorized to use this Site. Contact Pessl Instruments GmbH. by phone: +43 3172 5521 or [email protected].
Click here to view our Privacy Policy.

SECTION 5.1.3 ADDITIONAL TERMS AND CONDITIONS MAY APPLY TO PASSWORD-PROTECTED AREAS

When you access and use certain password-protected areas of this Site you may be asked to agree to additional terms and conditions that relate specifically to your access and use of those password-protected areas and the information available through those areas. For example, you will be asked to agree to additional terms and conditions when you access Indemnified Labels through this Site. These additional terms and conditions supplement, but do not replace or supercede the terms of this Agreement.
Click here to view our Privacy Policy.

SECTION 5.2 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 5.3 OPTIONAL TOOLS

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 5.4 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Certain content, products and services available via our Service may include materials from third-parties. These third-party materials include and not limited to news, comments, weather information, market information, pest reference and treatment information. These third-party materials are provided for your and your company’s interest and convenience only. Although we select with care the vendors who provide these materials to us, we do not endorse these materials or the vendors who supply them to us, nor do we warrant or represent that these materials are current, accurate, complete or reliable. It is your and your company’s responsibility to evaluate the currency, accuracy, completeness and reliability of all third-party information obtained or provided through this Site. You and your company use these materials at your and your company’s own risk and subject to the third-party disclaimers.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Pessl Instruments GmbH, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. If any of these limitations of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the Pessl Instruments GmbH entities and their respective service providers and licensors under such circumstances for liabilities that otherwise would have been limited shall not exceed one hundred ($100.00) dollars.

SECTION 8.1 WARRANTY EXCLUSION FOR BATTERIES, ACCUMULATORS, SUPER CAPACITORS

Please note that all battery sales are final, and we do not offer any warranty or guarantee for batteries purchased from us. This includes, but is not limited to, defects in materials and workmanship.

The performance and lifespan of batteries can vary based on usage, signal strenght, storage conditions, and environmental factors, and as such, we cannot be held responsible for battery failure, reduced performance, or any other issues arising after purchase.

By purchasing batteries, accumulators and super capacitors the customer acknowledges and accepts this exclusion of warranty.

You agree to indemnify, defend and hold harmless Pessl Instruments GmbH and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

This Agreement shall be governed by, subject to, and construed in accordance with the laws of the Austria without regard to conflict of law principles. Any action relating to this Agreement shall only be brought in a court of competent jurisdiction in Austria, and you and your company consent to the jurisdiction, venue and convenience of such courts. Interpretation As used in this Agreement, the term “including” means “including, but not limited to.” Waiver Our failure at any time to require performance of any provision of this Agreement or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed by the party to be bound. Unless the written waiver contains an express statement to the contrary, no waiver by Pessl Instruments GmbH. of any breach of any provision of this Agreement of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under this Agreement. Severability If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Pessl Instruments GmbH. uses industry-standard, SSL (Secure Socket Layer) encryption and decryption methodology to protect information while in transit to and from Pessl Instruments GmbH. servers. You and your company acknowledge, however, that the Internet is not a reliable means of communication; We do not warrant the security of any information transmitted through the Internet.

If you choose to close your desktop or mobile app FieldClimate account, your personal data and settings will be deleted on our Services within 24 hours.