Terms & Conditions

01About these terms

Field Connect is provided by Sparke Data Solutions of Dubai, United Arab Emirates ("we", "us", "our"). By signing in, accepting an invitation or otherwise using the platform, you agree to these terms.

Commercial arrangements (scope, subscription fees, term, user numbers, support levels and any agreed service level) are set out in a separate written order form, proposal or master services agreement with the customer organisation (each an "Order Form"). Where an Order Form and these terms conflict, the Order Form prevails for the customer it was signed with.

If you are accepting these terms on behalf of an organisation, you confirm you have authority to bind it, and "you" means that organisation.

02Definitions

• Platform: the Field Connect application, website, APIs and documentation.
• Customer: the organisation that has an Order Form with us, or on whose behalf a project is operated.
• Authorised User: a named individual given an account by us at the Customer's request, or invited to a project by a Customer administrator.
• Project Data: everything entered into or uploaded to a project: shipments, containers, stillages, movements, quality records, photographs, packing lists, proofs of delivery, contacts, rate cards and variation entries.
• Output: anything the Platform generates from Project Data, including on-hand figures, storage accruals, delivery unit counts, demurrage calculations, variation reports and exported spreadsheets and PDFs.

03The service

Field Connect tracks facade, glazing and joinery packages from the packing list to site by container, stillage and level, records movements and quality events, and applies the project's rate card as each movement is recorded to produce a costing and variation record.

Subject to these terms and payment of any fees due, we grant the Customer a non-exclusive, non-transferable, revocable right for its Authorised Users to access and use the Platform for its internal business purposes during the term. All other rights are reserved.

There is no public self-registration. Access exists only where we have provisioned an account or a Customer administrator has issued an invitation.

04Accounts and security

• Accounts are personal to the individual named on them. Do not share credentials or let another person sign in as you.
• Keep your password and any one-time verification code confidential. Codes sent to you by SMS or email are for your use in that sign-in only.
• Keep your registered mobile number and email address current, since they are how the platform verifies you.
• You are responsible for activity under your account. Tell us immediately at admin@fieldconnect.one if you suspect unauthorised access.
• Do not attempt to reach data belonging to an organisation or project you have not been granted access to, or to circumvent role or project restrictions.
• The Customer must ensure that people who leave, or change role, have their access revoked or amended promptly. Administrators can do this themselves from the project access screen.

05Invited and guest access

A Customer administrator may invite people outside their organisation (a builder, a facade contractor, an installer) to view a project. Guest access is read-only, limited to the projects invited, and confined to the logistics record: overview, master sheet, containers and calendar. It does not include variation reports, costing structures, project contacts, project settings or the customs lookup.

Invitations are personal, single-use and time-limited. Do not forward an invitation link or verification code. The inviting administrator may revoke access at any time and access ends automatically if the project or the Customer's agreement ends.

The Customer inviting a guest is responsible for whom it invites and for the disclosure of its own commercial and project information that follows.

06Acceptable use

You must not:

• use the Platform unlawfully, or in breach of any export control, sanctions or customs law;
• upload malicious code, or content that infringes another person's rights;
• upload personal information you have no lawful basis to hold or share, including unredacted documents and photographs where redaction would suffice;
• probe, scan or test the vulnerability of the Platform, or bypass authentication, rate limits or access controls;
• scrape, bulk-extract or reverse engineer the Platform, or attempt to derive its source code, other than to the extent that restriction is prohibited by law;
• resell, sublicense or provide the Platform as a service to a third party, or use it to build a competing product;
• misrepresent the origin of data you enter, or falsify a record, date, photograph or proof of delivery;
• place a disproportionate load on the Platform, or interfere with another customer's use of it.

The Customer is responsible for its Authorised Users' compliance with this section and for any guest it invites.

07Customer data and ownership

Project Data belongs to the Customer. We claim no ownership of it. The Customer grants us a limited licence to host, store, copy, transmit, process and display Project Data, and to create backups, only as needed to provide, secure, support and maintain the Platform and as directed by the Customer.

The Customer warrants that it has the right to provide the Project Data it uploads, and that doing so does not breach any law, third-party right or confidentiality obligation.

We may use aggregated, de-identified information about how the Platform is used to operate, secure and improve it. Such information will not identify the Customer, any individual, or any commercially sensitive rate or figure.

Although we take backups, the Customer remains responsible for keeping its own records of the source documents it uploads.

08Costing outputs and your obligation to verify

The Platform calculates charges by applying the rate card, allowances, increments, minimums and surcharges that the Customer has entered against the movements the Customer has recorded. Every figure it produces depends on the accuracy of both.

Where the Platform reads a date, a quantity or a column heading from a document, that reading is a suggestion for a person to confirm, not a determination.

09AI-assisted features

Some features use a third-party AI model to reduce manual entry: suggesting how a packing list's columns map to the Platform's fields, and reading a delivery date from a proof of delivery. These features are assistive and probabilistic. They can be wrong, and a person must confirm the result before it is relied upon.

By uploading a document, the Customer authorises the processing described in our Privacy Policy, including transmission to that provider where the feature is enabled. If the Customer would rather these features were switched off for its projects, we will do so on request; the Platform is fully usable with mappings set by hand.

10Third-party services

The Platform depends on third-party services for storage, email, SMS verification, hosting and, where used, customs data. Those services are operated by their providers under their own terms. We select them carefully and contract with them to protect your data, but we do not control them and we are not responsible for their acts, omissions or availability beyond our own obligations in these terms.

Customs declaration data returned through the customs lookup originates from a third-party system and from the declarations lodged by others. We do not verify it and it must not be treated as an authoritative customs record.

11Availability, support and changes

We aim to keep the Platform available and to give reasonable notice of planned maintenance. Unless an Order Form states a service level, the Platform is provided without a guaranteed uptime commitment, and access may be interrupted for maintenance, upgrades, security work or matters beyond our control.

Support is provided by email during business hours, at the level set out in the Order Form.

We develop the Platform continuously and may add, alter or remove features. We will not make a change that materially reduces core functionality the Customer is paying for without reasonable prior notice. Where a change would materially and adversely affect the Customer for the remainder of a paid term, the Customer may terminate the affected subscription by notice within 30 days of the change and receive a pro-rata refund of fees paid for the unused period.

12Fees and payment

Fees, currency, billing period and payment terms are those in the Order Form. There is no payment facility inside the Platform; we invoice separately.

Unless the Order Form says otherwise: invoices are payable within 30 days; fees exclude value added tax, GST and any other applicable tax, which the Customer pays in addition; and fees paid are non-refundable except where these terms or the Order Form expressly provide a refund. We may charge interest on overdue amounts at a reasonable commercial rate and, after written notice and a reasonable opportunity to pay, suspend access to accounts while an invoice remains materially overdue.

We may adjust fees for a renewal term by giving at least 30 days' written notice before the renewal date.

13Confidentiality

Each party may receive information the other treats as confidential. Rate cards, cost and sell figures, variation reports, packing lists and commercial terms are confidential information of the Customer. The Platform's non-public functionality, pricing and roadmap are our confidential information.

Each party will keep the other's confidential information in confidence, use it only for the purposes of these terms, and disclose it only to those of its personnel and advisers who need it and are bound by equivalent obligations. These obligations do not apply to information that is public through no breach of these terms, was already lawfully known, is independently developed, or must be disclosed by law, and in that last case the disclosing party will, where lawful, give notice first.

14Privacy and data protection

Our handling of personal information is described in the Privacy Policy, which forms part of these terms.

In respect of personal information within Project Data, the Customer is the controller and we are the processor. We will process it only on the Customer's instructions and as described in the Privacy Policy, keep it confidential, apply appropriate technical and organisational security measures, impose equivalent obligations on the service providers we engage, assist the Customer with requests from individuals and with regulator enquiries, and notify the Customer without undue delay if we become aware of a personal data breach affecting it.

The Customer is responsible for having a lawful basis for the personal information it uploads, for giving any notice or obtaining any consent required from the people concerned, and for not uploading more personal information than the purpose requires.

15Intellectual property and feedback

The Platform, its software, design, data model, documentation, branding and the Field Connect name and logo are owned by us or our licensors. Nothing in these terms transfers any intellectual property in the Platform to the Customer. Rights in Project Data and Outputs derived solely from Project Data remain the Customer's.

If you send us feedback, a feature suggestion or a bug report, we may use it without restriction or obligation to you. We will not identify you or your organisation as its source without permission.

Neither party may use the other's name or logo publicly without written consent, except that we may identify the Customer as a customer in a manner and wording it has approved.

16Warranties and disclaimers

We warrant that we will provide the Platform with reasonable care and skill, and in accordance with these terms and applicable law.

Otherwise, and to the fullest extent permitted by law, the Platform is provided "as is". We do not warrant that it will be uninterrupted or error free, that every defect will be corrected, that it will meet a requirement we have not agreed in writing, or that Outputs will be accurate, complete or fit for a particular commercial or accounting purpose. All implied terms, conditions and warranties are excluded to the extent the law allows them to be.

Statutory rights. Some laws imply guarantees, conditions or warranties that cannot be excluded, including the consumer guarantees under the Australian Consumer Law and rights under UAE consumer protection legislation. Nothing in these terms excludes, restricts or modifies those rights. Where we are permitted to limit our liability for a breach of such a right, our liability is limited, at our option, to supplying the service again or paying the cost of having it supplied again.

17Limitation of liability

Subject to section 16, and to the fullest extent permitted by law:

• neither party is liable for indirect or consequential loss, or for loss of profit, revenue, anticipated savings, goodwill, business opportunity or reputation, however caused;
• we are not liable for loss arising from Project Data that is inaccurate, incomplete or entered late; from a rate card that is wrong; from an Output relied upon without the verification required by section 08; from a Customer's decision to grant or revoke access; or from credentials or invitation links shared contrary to these terms;
• our total aggregate liability arising out of or in connection with these terms, whether in contract, tort (including negligence), statute or otherwise, is limited to the total fees paid or payable by the Customer to us for the Platform in the twelve months immediately before the event giving rise to the liability, or where no fees are payable, USD 1,000.

Nothing in these terms limits liability for fraud or fraudulent misrepresentation, for death or personal injury caused by negligence, or for any other liability that cannot lawfully be limited. Neither party's liability is limited in respect of the Customer's obligation to pay fees due, or a party's wilful breach of the confidentiality obligations in section 13.

18Indemnity

The Customer will indemnify us against loss, liability, cost and reasonable expense arising from a third-party claim that its Project Data infringes that third party's rights, was uploaded without a lawful basis, or breaches an obligation of confidence; or that arises from use of the Platform by the Customer or its Authorised Users in breach of section 06.

We will indemnify the Customer against a third-party claim that the Platform itself, used in accordance with these terms, infringes that third party's intellectual property rights. Our obligation does not extend to a claim arising from Project Data, from a modification we did not make, or from use in combination with something we did not supply. We may at our option modify the Platform, procure the necessary rights, or terminate the affected subscription with a pro-rata refund.

An indemnity applies only if the indemnified party notifies the other promptly, does not admit liability or settle without consent, and gives reasonable cooperation and control of the defence.

19Term, suspension and termination

These terms apply from the date access is first granted and continue for the term in the Order Form, or until terminated.

Either party may terminate for convenience by giving the notice period in the Order Form, or where none is stated, 30 days' written notice. Either party may terminate immediately if the other commits a material breach that is not remedied within 14 days of written notice, or becomes insolvent, enters administration or liquidation, or ceases to carry on business.

We may suspend an individual account or a Customer's access immediately, and without notice where necessary, if we reasonably believe there is a security risk, unlawful use, a breach of section 06, or a risk of harm to other customers or to the Platform. We will tell the Customer what we have done and why as soon as we reasonably can, and restore access once the cause is resolved.

20Your data when the agreement ends

The Platform lets the Customer export variation reports to Excel and PDF at any time during the term, and we encourage the Customer to keep its own copies as it goes.

For 30 days after termination (or the period in the Order Form, if longer) we will retain Project Data and, on written request, provide a reasonable export of it. After that period we will delete or irreversibly anonymise it, except where we are required to retain it by law or for an actual or anticipated legal claim. We may withhold an export while fees are materially overdue.

21Events outside our control

Neither party is liable for a failure or delay in performing its obligations, other than an obligation to pay, caused by an event beyond its reasonable control, including natural disaster, war, civil unrest, epidemic, government action, industrial action, failure of a telecommunications network, power or internet infrastructure, or the failure of an upstream provider. The affected party will notify the other and use reasonable efforts to resume. If the event continues for more than 60 days, either party may terminate on written notice.

22Governing law and disputes

These terms are governed by the laws of the Emirate of Dubai and the applicable federal laws of the United Arab Emirates. The courts of Dubai have non-exclusive jurisdiction, meaning either party may also bring proceedings in another court that has proper jurisdiction where the law requires or permits it.

Customers in Australia. Nothing in this section deprives you of the protection of the mandatory laws of your own jurisdiction, including the Australian Consumer Law and the Privacy Act 1988 (Cth), or of the right to bring a claim or complaint in Australia where those laws give you that right. Where an Order Form with an Australian customer specifies Australian governing law and jurisdiction, that specification prevails over this section for that customer.

Before starting proceedings, each party agrees to raise the dispute in writing with the other and to attempt in good faith to resolve it through senior representatives within 20 business days. This does not prevent either party from seeking urgent injunctive relief.

23General

• Entire agreement. These terms, the Privacy Policy and any Order Form are the whole agreement on their subject matter and replace earlier discussions and proposals, except for any statement made fraudulently.
• Changes. We may update these terms. We will publish the revised version with a new effective date and, where a change is material, notify the Customer by email or in the Platform at least 30 days before it takes effect. Continued use after that date is acceptance. If the Customer does not accept a material change, it may terminate before the change takes effect and receive a pro-rata refund of fees paid for the unused period.
• Assignment. Neither party may assign these terms without the other's written consent, except that either may assign to an affiliate or in connection with a merger, reorganisation or sale of substantially all of its business.
• Subcontracting. We may engage the service providers described in the Privacy Policy, and remain responsible for their performance of our obligations.
• Notices. Notices to us go to admin@fieldconnect.one. Notices to the Customer go to the email address on its account or in the Order Form.
• Waiver and severance. A failure to enforce a right is not a waiver of it. If a provision is unenforceable, it is severed or read down to the minimum extent necessary and the rest remains in force.
• No partnership. Nothing here creates a partnership, joint venture, employment or agency relationship between the parties.
• Third parties. No one other than the parties has any right to enforce these terms.
• Survival. Sections 07, 08, 13, 15, 16, 17, 18, 20, 22 and 23 survive termination.

24Contact