Disclaimer Statements

Disclaimer

While Rainmaker.Earth Corp. (Rainmaker.Earth) has taken all reasonable care to ensure the accuracy of the information on this website, we shall not be held responsible for any eventualities arising from the use of this information. Visitors to this web site are advised to seek independent financial advice prior to making investment decisions. The information on this website may be downloaded for personal use, but may not be reproduced or modified without the permission of Rainmaker.Earth.

In using this website, you may be linked to web sites provided by independent third parties. If you click-through to any such third-party sites, either directly or indirectly through this site, you acknowledge and agree that you shall be subject to the terms and conditions of usage applicable to such third-party sites. Any and all content to which you link, either directly or indirectly, from this site will not have been developed, reviewed, or monitored by Rainmaker.Earth, and Rainmaker.Earth cannot and does not guarantee or make any representation or warranty, either express or implied, as to the accuracy, validity, sequence, timeliness, completeness, or continued availability of any such content. Rainmaker.Earth does not endorse or accept liability for the content of such third-party sites nor does it claim any trade association with the proprietors of such third-party sites.

 

Copyright and Trademark Notice

Rainmaker.Earth owns a copyright in the selection and arrangement of the content of this website, as well as in the content original to it. No unauthorized copying of any part of this website is permitted. However, Rainmaker.Earth authorizes you to make print copies of or download documents or pages published by Rainmaker.Earth on this website for your own personal, non-commercial use only, provided that any copy of these documents that you make retains all copyright and other proprietary notices, and any disclaimer contained thereon. You may not offer for sale or distribute over any medium any part of this website or any of its content.

Trademark law protects elements of this site. Except for the limited permission authorizing you to print copies of or download material on this site, nothing on this website should be construed as granting any other right or license under any copyright or trademark of Rainmaker.Earth or any third party.

 

Privacy Statement

Rainmaker.Earth operates this website. Rainmaker.Earth is concerned for and respects the privacy of each visitor to this website. When you visit certain areas of this website, you may be asked for personal information such as your name, address, telephone number, and e-mail address. The intended use of such information is specified at the site where the information is collected. No personal information about you shall be collected without your consent.

Rainmaker.Earth also collects aggregated or non-personal information to track data such as the total number of visits to this website or the number of visitors to each web page. This information shall remain in aggregated form and may be used to understand how visitors use this website.

Rainmaker.Earth will take reasonable precautions to prevent the loss, misuse, or alteration of the information you provide. Any contractors, agents, or representatives of Rainmaker.Earth who are required to have access to this information in the course of providing services to Rainmaker.Earth are required to keep that information confidential.

 

Translation Statement

The Rainmaker.Earth website has been translated for your convenience using translation software powered by Weglot. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the Rainmaker.Earth website, and are provided “as is.” No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.

The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, refer to the English version of the website which is the official version.

YOU WILL FIND THE USER AGREEMENT, GENERAL TERMS AND CONDITIONS OF USE, THE PRIVACY POLICY AND THE COMMUNITY GUIDELINES IN THIS DOCUMENT

PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE SITE.

Terms & Conditions

Definitions

• “rainmaker.earth corp” means rainmaker.earth corporation, 180 Quarry Park Blvd., Calgary, Alberta, Canada.

• “Service” means the services provided by rainmaker.earth corp via the website rainmaker.earth corp.

• “User” means any person who uses rainmaker.earth corp.

• “Content” means any information, data, text, software, music, sound, photographs, graphics, video, messages or other material.

• “You” means the person accessing and using rainmaker.earth corp.

• “RainMaker Apps” means any online application software that is provided by or is connected with RainMaker that you install or download from an online application store and access via a mobile device, including any smartphone and/or tablet.

• “RainMaker” means rainmaker.earth corp and its subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors.

Acceptance of Terms

• By accessing rainmaker.earth corp you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing rainmaker.earth corp. The materials contained in rainmaker.earth corp are protected by applicable copyright

• When you install or download the RainMaker Apps, you may be required to accept the terms and conditions or the end user license agreement(“EULA”) of a third part supplier or vendor. While EULA is independent from these terms and conditions and establishes a separate legal relationship between you and the third party supplier or vendor, you are still required to comply with these terms and conditions. In the event of any conflict between these terms and conditions and the EULA, these terms and conditions shall prevail.

• You agree that this user agreement applies to any information accessed via the Site, and to all the sections of the Site.

Use License

• Permission is granted to temporarily download one copy of the materials (information or software) on rainmaker.earth corp for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

• modify or copy the materials;

• use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

• attempt to decompile or reverse engineer any software contained on rainmaker.earth corp;

• remove any copyright

Disclaimer

• The materials on rainmaker.earth corp are provided “as is”. rainmaker.earth corp makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, rainmaker.earth corp does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Limitations

• In no event shall rainmaker.earth corp or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on rainmaker.earth corp, even if rainmaker.earth corp or a rainmaker.earth corp authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errata

• The materials appearing on rainmaker.earth corp could include technical, typographical, or photographic errors. rainmaker.earth corp does not warrant that any of the materials on its web site are accurate, complete, or current. rainmaker.earth corp may make changes to the materials contained on its web site at any time without notice. rainmaker.earth corp does not, however, make any commitment to update the materials.

Links

• rainmaker.earth corp has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by rainmaker.earth corp of the site. Use of any such linked web site is at the user’s own risk.

Site Terms of Use Modifications

• rainmaker.earth corp may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

General Terms and Conditions applicable to Use of a Web Site.

• By accessing rainmaker.earth corp you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing rainmaker.earth corp. The materials contained in rainmaker.earth corp are protected by applicable copyright

General Use

• All images appearing on this website are copyright rainmaker.earth corp.

• You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use rainmaker.earth corp content in any way except for your own personal, non-commercial use.

• You also agree not to adapt, alter or create a derivative work from any rainmaker.earth corp content except for your own personal, non-commercial use.

• Any other use of rainmaker.earth corp content requires the prior written permission of rainmaker.earth corp.

• You agree to use rainmaker.earth corp only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of rainmaker.earth corp.

• Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within rainmaker.earth corp.

• Under no circumstances will rainmaker.earth corp be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of rainmaker.earth corp regardless of the form of action.

• rainmaker.earth corp does not warrant that functions contained in rainmaker.earth corp content will be uninterrupted or error free, that defects will be corrected, or that rainmaker.earth corp or the server that makes it available are free of viruses or bugs.

• The names, images and logos identifying rainmaker.earth corp or third parties and their products and services are subject to copyright

Privacy

• We do not store credit card details nor do we share customer details with any 3rd parties.

• We will not e-mail you in the future unless you have given us your consent.

• We will give you the chance to refuse any marketing email from us or from another trader in the future.

• The type of information we will collect about you includes: your name, address, phone number, email address.

• We will never collect sensitive information about you without your explicit consent.

• The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly.

• The personal information which we hold will be held securely in accordance with our internal security policy and the law.

• If we intend to transfer your information outside the EEA (European Economic Area) we will always obtain your consent first.

• We may use technology to track the patterns of behaviour of visitors to our site. This can include using a “cookie” which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings.

Security

• We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

• We will store all the personal information you provide on our secure (password- and firewall- protected) servers.

• All electronic transactions you make to or receive from us will be encrypted using SSL technology.

• You are responsible for keeping your password and user details confidential. We will not ask you for your password.

Third party websites

• The website contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.

Contact

• If you have any questions about this privacy policy or our treatment of your personal information, please write to us by email to [email protected] or by post to rainmaker.earth corp, 180 Quarry Park Blvd., Calgary, Alberta, Canada.

Changes to this privacy policy

• We may update this privacy policy from time-to-time by posting a new version on our website. You should check this page occasionally to ensure you are happy with any changes.

• We may also notify you of changes to our privacy policy by email.

Terms and Conditions

• By using rainmaker.earth corp you agree to be bound by these terms, which shall take effect immediately on your first use of rainmaker.earth corp. If you do not agree to be bound by all of the following terms please do not access, use and/or contribute to rainmaker.earth corp.

• rainmaker.earth corp may change these terms from time to time and so you should check these terms regularly. Your continued use of rainmaker.earth corp will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using this website.

• You agree to use rainmaker.earth corp only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of rainmaker.earth corp. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within rainmaker.earth corp.

• rainmaker.earth corp content, including the information, names, images, pictures, logos and icons regarding or relating to rainmaker.earth corp, its products and services (or to third party products and services), is provided “AS IS” and on an “IS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

• Under no circumstances will rainmaker.earth corp be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of rainmaker.earth corp regardless of the form of action.

• rainmaker.earth corp does not warrant that functions contained in rainmaker.earth corp content will be uninterrupted or error free, that defects will be corrected, or that rainmaker.earth corp or the server that makes it available are free of viruses or bugs.

• The names, images and logos identifying rainmaker.earth corp or third parties and their products and services are subject to copyright

Contributions to rainmaker.earth corp

• By sharing any contribution (including any text, photographs, graphics, video or audio) with rainmaker.earth corp you agree to grant to rainmaker.earth corp, free of charge, permission to use the material in any way it wants (including modifying and adapting it for operational and editorial reasons) for rainmaker.earth corp services in any media worldwide (including on rainmaker.earth corp’s site accessed by international users).

• In certain circumstances rainmaker.earth corp may also share your contribution with trusted third parties.

Registration

• You must be 18 years old or older to register and contribute to rainmaker.earth corp.

• Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

• Responsibility for the security of any passwords issued rests with you.

Disclaimer

• rainmaker.earth corp reserves the right to fail or refuse to post any contribution for any reason. Please note that comments posted on rainmaker.earth corp are the views of their authors and do not necessarily represent the views of rainmaker.earth corp, its management or employees.

• rainmaker.earth corp reserves the right to change these Terms and Conditions at any time by posting changes online. Your continued use of rainmaker.earth corp after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

Removal of content

• rainmaker.earth corp reserves the right to remove any content contributed by users.

• rainmaker.earth corp will not be held responsible for the content of external websites linked to from rainmaker.earth corp.

Viruses

• You must not misuse rainmaker.earth corp by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to rainmaker.earth corp, the server on which rainmaker.earth corp is stored or any server, computer or database connected to rainmaker.earth corp. You must not attack rainmaker.earth corp via a denial-of-service attack or a distributed denial-of service attack.

• By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use rainmaker.earth corp will cease immediately.

• rainmaker.earth corp will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of rainmaker.earth corp or to your downloading of any material posted on it, or on any website linked to it.

Linking to rainmaker.earth corp

• You may link to rainmaker.earth corp, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

• rainmaker.earth corp must not be framed on any other site.

• rainmaker.earth corp must not be used on any other site, nor may you create a link to any part of rainmaker.earth corp other than the home page.

• rainmaker.earth corp reserves the right to withdraw linking permission without notice.

• If you wish to make any use of material on rainmaker.earth corp other than that set out above, please contact us.

Links to other websites

• rainmaker.earth corp contains links to other websites that are operated by third parties. rainmaker.earth corp does not accept any liability over the content of these third party sites. The existence of these links does not constitute an endorsement of such websites, and your linking to these sites is at your own risk.

Liability

• rainmaker.earth corp is not liable for any damages arising in contract, tort or otherwise from the use of or inability to use rainmaker.earth corp or any material contained in it, or from any action or decision taken as a result of using rainmaker.earth corp or any such material.

• rainmaker.earth corp contains links to external sites. rainmaker.earth corp is not responsible for and has no control over the content of such sites. Information on rainmaker.earth corp, or available via hypertext link from rainmaker.earth corp, is made available without responsibility on the part of rainmaker.earth corp.

• rainmaker.earth corp disclaims all responsibility and liability (including for negligence) in relation to information on or accessible from rainmaker.earth corp.

Advertising

• rainmaker.earth corp accepts no liability for any transactions between advertisers and users of rainmaker.earth corp.

• Any concerns about the content of advertisements must be addressed to the advertisers.

Applicable Law

• These terms and conditions shall be governed by and construed in accordance with the laws of South Africa. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of South Africa.

International Use

• You agree to comply with all applicable laws regarding the transmission of technical data exported from South Africa or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.

Competitions

• rainmaker.earth corp may run competitions, free prize draws and promotions on rainmaker.earth corp. These are subject to additional terms that will be made available at the time of such competitions.

Severability

• If these terms and conditions or any part of them should be determined to be illegal, invalid or otherwise unenforceable under the laws of any state or country in which these terms and conditions are intended to be effective, then to the extent that they are so illegal, invalid or unenforceable, they shall in that state or country be treated as severed and deleted from these terms and conditions and the remaining terms and conditions shall survive and remain in full force and effect and continue to be binding and enforceable in that state or country.

Changes to Terms and Conditions

• rainmaker.earth corp may change these terms and conditions from time to time. By browsing rainmaker.earth corp you are accepting that you are bound by the current terms and conditions. You should check these each time you revisit rainmaker.earth corp.

Entire Agreement

• These terms and conditions constitute the entire agreement between you and rainmaker.earth corp in relation to your use of rainmaker.earth corp, and supersede all previous agreements in respect of your use of rainmaker.earth corp.

Law and Jurisdiction

• These terms and conditions will be governed by and construed in accordance with South African law, and any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of South Africa.

Our Contact Details

• You can contact us by email to [email protected] corp

Cookie Policy

• This website uses cookies. By using this website and agreeing to this policy, you consent to rainmaker.earth corp’s use of cookies in accordance with the terms of this policy.

Cookies on our website

• rainmaker.earth corp uses the following cookies on this website, for the following purposes:

• Session cookies, to enable the website to recognise you when you visit.

• Persistent cookies, to enable the website to recognise you when you visit.

• Third party cookies, to enable the website to recognise you when you visit.

Google cookies

• rainmaker.earth corp uses Google Analytics to analyse the use of this website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users’ computers. The information generated relating to our website is used to create reports about the use of the website. Google will store and use this information. Google’s privacy policy is available at: http://www.google.com/privacypolicy.html.

rainmaker.earth corp cookies

• rainmaker.earth corp uses session cookies to personalise the website for each user. Session cookies are deleted when you close your browser.

Refusing cookies

• Most browsers allow you to refuse to accept cookies.

• In Internet Explorer, you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector.

• In Firefox, you can adjust your cookies settings by clicking “Tools”, “Options” and “Privacy”.

• Blocking cookies will have a negative impact upon the usability of some websites.

Credit

• This document was created using a Contractology template available at http://www.freenetlaw.com

Privacy Policy

• This privacy policy sets out how rainmaker.earth corp uses and protects any information that you give rainmaker.earth corp when you use this website.

• rainmaker.earth corp is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

• rainmaker.earth corp may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 1st January 2012.

What we collect

• We may collect the following information:

• name and job title

• contact information including email address

• demographic information such as postcode, preferences and interests

• other information relevant to customer surveys and/or offers

What we do with the information we gather

• We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

• Internal record keeping.

• We may use the information to improve our products and services.

• We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.

• From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

Security

• We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

• A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

• We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

• Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

• You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

• Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

• You may choose to restrict the collection or use of your personal information in the following ways:

• whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes

• if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at [email protected]

• We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

• You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to rainmaker.earth corp, 180 Quarry Park Blvd., Calgary, Alberta, Canada.

• If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect

Refund Policy

• If you are not 100% satisfied with your purchase, you can either return your order for a full refund or exchange it for something else. You can return or exchange your purchase for up to 7 days from the purchase date. Returned or exchanged products must be in the condition you received them and in the original box and/or packaging.

Shipping Policy

• We can ship to virtually any address in the world. Note that there are restrictions on some products, and some products cannot be shipped to international destinations.

• When you place an order, we will estimate shipping and delivery dates for you based on the availability of your items and the shipping options you choose. Depending on the shipping provider you choose, shipping date estimates may appear on the shipping quotes page.

• Please also note that the shipping rates for many items we sell are weight-based. The weight of any such item can be found on its detail page. To reflect the policies of the shipping companies we use, all weights will be rounded up to the next full pound.

Terms of Service

• By using rainmaker.earth corp you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

• rainmaker.earth corp reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://rainmaker.earth/terms

• Violation of any of the terms below will result in the termination of your Account. While rainmaker.earth corp prohibits such conduct and Content on the Service, you understand and agree that rainmaker.earth corp cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

• You must be 18 years or older to use this Service.

• You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

• You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.

• Your login may only be used by one person – a single login shared by multiple people is not permitted.

• You are responsible for maintaining the security of your account and password. rainmaker.earth corp cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

• You are responsible for all Content posted and activity that occurs under your account.

• You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright).

Payment, Refunds, Upgrading and Downgrading Terms

• A valid credit card is required for paying accounts.

• The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

• All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only South African (federal or state) taxes.

• For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.

• Downgrading your Service may cause the loss of Content, features, or capacity of your Account. rainmaker.earth corp does not accept any liability for such loss.

Cancellation and Termination

• You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link.

• All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.

• If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

• rainmaker.earth corp, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other rainmaker.earth corp service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. rainmaker.earth corp reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

• rainmaker.earth corp reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

• Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the rainmaker.earth corp Site (rainmaker.earth).

• rainmaker.earth corp shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

• All content posted on the Service is must comply with South African copyright

General Conditions

• Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

• Technical support is only provided to paying account holders and is only available via email.

• You understand that rainmaker.earth corp uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

• You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, rainmaker.earth corp, or any other rainmaker.earth corp service.

• 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 without the express written permission by rainmaker.earth corp.

Internal Users

• You may not share your login credentials with any other internal users.

• You may not share any sensitive company information with any internal users who are not part of your company.

• By accessing the backend of rainmaker.earth corp you agree to the above terms and all rainmaker.earth corp policies.

• You are not permitted to perform any un-authorised actions on the rainmaker.earth corp backend.

• All actions performed on the rainmaker.earth corp backend are logged and can be used as evidence in a court of law.

• Verbal, physical, written or other abuse (including threats of abuse or retribution) of any rainmaker.earth corp customer, employee, member, or officer will result in immediate account termination.

• You understand that the technical processing and transmission of the Service, including your Content, 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 must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

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

• If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by rainmaker.earth corp) of other rainmaker.earth corp customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.

• rainmaker.earth corp does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

• You expressly understand and agree that rainmaker.earth corp shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if rainmaker.earth corp has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

• The failure of rainmaker.earth corp to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and rainmaker.earth corp and govern your use of the Service, superseding any prior agreements between you and rainmaker.earth corp (including, but not limited to, any prior versions of the Terms of Service).

• Questions about the Terms of Service should be sent to [email protected]

Privacy Policy

• This privacy policy sets out how rainmaker.earth corp uses and protects any information that you give rainmaker.earth corp when you use this website.

• rainmaker.earth corp is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

• rainmaker.earth corp may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 1st January 2012.

IOT

• We may collect the following information:

• device serial number

• device location based on GPS position

• sensor data and usage performance

• other information relevant to customer needs

IOT Security

• We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

• We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

• You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to rainmaker.earth corp, 180 Quarry Park Blvd., Calgary, Alberta, Canada.

• If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect

Your Account

• If you use the Site, you must keep your access details (including, your user name and password) confidential and not allow other people to use it. You also accept full responsibility for all activities that occur under your access details or password and accept responsibility for sharing your user name and password. You are only permitted to use one account. If you use more than one account, we could delete all access.

• Once you’ve logged onto the Site/Apps once, certain information, functionality and other features of the Site/Apps will be accessible the next time you access the Site without having to re-enter your password. If you prefer to enter your password every time you access the Site/Apps, you can change the setting in the menu option.

• RainMaker may refuse to provide products and/or services to you if we are unable to verify any information that you provide to us.

• You agree that the following actions shall be material breaches of these terms and conditions:

• (1). signing in as, or pretending to be, another person;

• (2). transmitting material that violates, or could violate, the intellectual property rights of others or the privacy of others

• (3). using interactive services in a way that is intended to harm, or could result in harm to you or to other users of the Site; or

• (4). gathering information about others without obtaining their prior written consent.

• You also agree that any use of your access details shall be regarded as if you were the person using such information.

• Please note that the user name you choose is permanent and can only be amended at RainMaker’s discretion.

• RainMaker may determine certain requirements that you will need to meet when choosing a user name or password. These requirements may be changed from time to time and you may be required to update your credentials.

Electronic communication and records

• When you visit the Site/Apps or send e-mails to us, you accept that we can communicate with you electronically. All records that you send to us may be stored electronically and with third parties, although these third parties are bound by the strictest levels of confidentiality. These electronic records shall be proof of the records, unless you can prove otherwise.

• Any electronic communication (for example, an e-mail or SMS) sent to you will be regarded to have been received by you upon being sent by Discovery. This includes, but is not limited to mobile push notifications as well as monthly SMS tips on health and wellbeing.

• If you are a registered user of the Website/Apps, you will receive communications from us via email. If you do not want to receive e-mails from RainMaker, you may change the way you receive your communication on the website, or you can phone our contact centre.

• RainMaker takes all reasonable steps to protect your personal information and maintain confidentiality, including the use of encryption technology. However, we cannot guarantee the security or integrity of any information you transmit to us online and you agree that you do this at your own risk.

• All intellectual property (IP) related to the processes, field reports, trials, FAQs, best practices, technical data, software, website data, client data, IoT device data, water treatment devices, lab results, and treatment results remains the property of the parent company, Agriwater Treatment Specialists (PTY) LTD. Rights and usage of this IP are granted at the sole discretion of Agriwater Treatment Specialists (PTY) LTD, which reserves the right to grant or revoke such rights without prior notice. This includes, but is not limited to, data generated by IoT devices, performance metrics, proprietary algorithms, and any other data or information collected or derived from the use of Agriwater Treatment Specialists’ products and services.

• You agree that all agreements, notices, disclosures and other communications that we provide to you electronically meet any legal requirement that the communications be in writing.

Personal Information held by or disclosed by you or Discovery to a third party

• Because RainMaker is not responsible for any representations or information or warranties or content on any third party website (including third party websites linked to this website, websites facilitated by us or websites that serve as social networks like Facebook or Twitter), RainMaker does not exercise control over the privacy policies of these third parties and you should refer to the privacy policy of these third parties to see how they protect your privacy.

• RainMaker may enter into arrangements with its partners and other third party suppliers in order for them to provide services to you. Those arrangements may require us to disclose your personal information to them, whether in person or by means of an application or the RainMaker Apps. You hereby consent to RainMaker disclosing your personal information to those partners and third parties for this purpose and you also consent to receiving data about yourself from them. If at any time, after you have given RainMaker your consent, you no longer wish to have your personal information disclosed to these partners or third parties, you may withdraw your consent.