Terms of use

Use of the Predicta test service is conditional on you, the agronomist, agreeing to the terms set out below.

Do not use Predicta test kit until you read the terms below.

By using the test kit and submitting the sample to the Minister for Primary Industries and Regional Development (South Australian Research and Development Institute) you indicate that you accept these terms. If you do not wish to accept these terms, return the test kit.

1. Service limited to accredited agronomists

1. You acknowledge that the Predicta test diagnostic service (the service) is only available to agronomists who have been accredited by SARDI and issued with an agronomist identification number (Agronomist ID).
2. By submitting the sample and completed sample information to SARDI you represent and warrant that you are the holder of the Agronomist ID inserted on the sample label.
3. Each Agronomist ID is personal to the agronomist and is not transferable.
4. SARDI may refuse to process any sample that is not accompanied by a valid Agronomist ID.

2. Intellectual property

"Predicta" is a registered trademark of Bayer CropScience Pty Ltd or its related entities. SARDI retains all intellectual property rights in the service.

3. Acknowledgments

You acknowledge and agree that:

1. Risk categories identified as part of the service are intended as a guide only.
2. Risk categories are subject to regional, varietal and seasonal differences and variation and may need to be revised over time.
3. Test results depend upon the integrity of the samples and the information provided by you. SARDI accepts no liability for any errors or inaccuracies in the service or test results arising from the collection of the samples and provision of information.
4. SARDI may refuse to process samples that appear damaged, contaminated or incomplete, or that are not accompanied by a completed sample information section (including, without limitation, a valid Agronomist ID).
5. SARDI accepts no liability for samples that are not actually received by us or our representative.
6. You are responsible for the interpretation of test results and risk categories and for any advice provided by you to your client or any other person. You agree to indemnify us for any loss or damage which SARDI may incur as a result of, or in connection with, such interpretation or advice provided by you to any third party.
7. The service is provided on the basis of scientific knowledge that is the result of recent research and may be subject to revision without notice.

4. Exclusion of warranties and liability

1. Except as set out in clause 4.2, all conditions and warranties (whether imposed or implied by statute or otherwise) are excluded.
2. If any statute implies terms which cannot be lawfully excluded, those terms will apply, however, to the extent the law allows, our liability for a breach of those terms will be limited, at our option, to:
   1. in the case of goods – repairing or replacing the goods or supplying equivalent goods or paying the costs of repairing or replacing the goods or of acquiring equivalent goods; or
   2. in the case of services – supplying the services again or payment of the cost of supplying services again.
3. Except as set out in clause 4.2, SARDI will not be liable for any loss, damage or injury including, without limitation, any loss of revenue or profits or indirect or consequential damages, arising from the supply or use of the service, or our breach of these terms, whether or not caused by our negligence or the negligence of our contractors.

5. Governing law

These terms are governed by the laws of South Australia and you submit to the non-exclusive jurisdiction of courts of that state.