Safe Ag Systems™
GENERAL TERMS AND CONDITIONS OF USE
The following general terms and conditions (“Terms”) form a legally binding agreement between You and Us in relation to Your access to, and use of, the Website, the Application and the Services (together, “Safe Ag Systems”).
Safe Ag Systems is a tool for agribusiness owners to assist in the management of their workplace health and safety and occupational health and safety compliance requirements. The Application has been designed to be flexible to suit You individual business type and structure.
In accessing or using Safe Ag Systems, You acknowledge that You have read, understood and agree to be bound by these Terms. If You do not accept these Terms, You must refrain from accessing or using Safe Ag System. By downloading or accessing the Application, creating an account to use the Application or by otherwise using Safe Ag Systems (which includes this version and any other update, feature or future version of Safe Ag Systems that We may provide) You agree to the following Terms, so You should read these Terms carefully.
If You are accepting these Terms on behalf of a company, organisation, association or agency as its authorised legal representative, then You represent and warrant that You have the power and authority to bind such company, organisation, association or agency to these Terms.
The use of Safe Ag Systems or some of Our Services will require You to register with Us or open an account. To do so, You must complete the registration process in the manner described on Our Website or Application. By registering with Us, You agree that all information You provide is accurate and up to date and does not infringe any person’s rights. You must also update Your details if any of them change.
Registration is non-transferable. You are responsible for all of the activities that occur under Your username. You should carefully choose Your password and user name and protect them from unauthorised use. Please let Us know immediately of any unauthorised use of Your account or any other breach of security. We are not liable for any loss if someone else uses Your password or account.
Access to Safe Ag Systems is permitted on a temporary basis, and We reserve the right to suspend, withdraw, discontinue or amend all or any part of Safe Ag Systems without notice. We will not be liable if, for any reason, Safe Ag Systems is unavailable at any time or for any period. You are responsible for making all arrangements necessary for You to have access to Safe Ag Systems. You are also responsible for ensuring that all persons who access Safe Ag Systems through Your internet connection are aware of these Terms, and that they comply with them.
Subject to these Terms, We grant You a limited, personal, revocable, non-assignable, non-sublicensable and non-exclusive right to access and use Safe Ag Systems, the Services and the Materials for the sole purpose of enjoying the benefits of the Services as intended under these Terms. Any use, reproduction, modification, distribution, sale, sub-licence or storage of Safe Ag Systems, the Services or the Materials for any purpose other than in accordance with these Terms is expressly prohibited without prior written permission from Us. Except to the extent expressly permitted by these Terms, you must not transfer or provide access to Safe Ag Systems to any third party or otherwise use Safe Ag Systems for the benefit of any third party.
You are solely responsible for any information, Content or data that is uploaded to Safe Ag Systems through Your account (whether that action is taken by You or Your authorised user) (“Your Information”). You are responsible for ensuring that Your Information is accurate and complete. You agree to notify Us if You become aware that any of Your Information is incorrect or requires updating. We reserve the right to restrict Your access to Safe Ag Systems and/or charge You an additional storage fee if there is more than 5GB of data uploaded to Your account.
You acknowledge that any Material or Recommendations that We provide:
We do not hold out that strict compliance with the Material or Recommendations will ensure that no breaches of WHS Laws will occur. The duties under WHS Laws are non-delegable and the obligations vary between jurisdictions. You are therefore solely responsible for ensuring that:
The Materials are generic in nature however WHS Laws may differ significantly between different jurisdictions. All reliance on the Materials or Recommendations is at Your own risk and We will not be liable for any damage, loss, costs or penalties whatsoever arising from Your non-compliance with WHS Laws in any jurisdiction.
Access to, and use of, Safe Ag Systems or any part or feature of the Services, may be subject to payment of certain Fees by You, as set out by Us on the Website, the Application and/or in these Terms. You acknowledge that the continued availability of any part or feature of Safe Ag Systems or the Services may be conditional upon continued payment of such Fees.
You acknowledge and agree We may change Our Fees at any time. We will endeavour to notify You via the Website and/or the Application of any changes to the Fees before they come into effect, however this may not always be possible.
If You do not accept the Fees or any changes to the Fees, You must not access or use Safe Ag Systems.
If You make any payments for Fees with a credit or charge card or an online payment account, You warrant that You are the cardholder or account holder and that the billing information provided is accurate, and You authorise Us to charge the designated credit or charge card or online payment account for the total amount of the Fees, plus any applicable GST. All payments and purchases made in connection with Safe Ag Systems are in Australian dollars.
Where applicable, You agree to pay all GST and other similar taxes imposed in connection with the supply of Safe Ag Systems to You. You are responsible for all internet service provider fees, telecommunication and other charges required for your connection to, or use of, Safe Ag Systems.
We are not obliged to provide refunds of any Fees paid by You, however We may offer a refund where We determine that extenuating circumstances apply.
In using Safe Ag Systems, You may come across links or references to external service providers, merchants or suppliers. We do not endorse, warrant, guarantee or make any promises about any information, products or services they may supply to You. Any transaction You have with these service providers are between You and them, and We do not get involved.
By accessing external website links to third party service providers and other sites through Safe Ag Systems, We do not promise that they are appropriate, that they work or that they are virus free.
We accept no responsibility for any loss or damage that may arise from Your use of, or engagement or transaction with, any third party service providers.
You must not create or maintain any link from another website to Safe Ag Systems without Our prior written consent.
We may change or improve Safe Ag Systems at any time. For example, We may develop and distribute updates, enhancements or new features. We may also restrict access to all or any part of Safe Ag Systems, stop making Safe Ag Systems available or modify its availability in any way. We are under no obligation to update any material that may be out of date at any given point in time.
We will always try to give You notice of any changes to Safe Ag Systems or its availability before such changes take effect, although this may not always be possible. To the maximum extent permitted by law, We do not accept liability for any damage or loss which You may suffer or incur as a result of such actions.
We, and Our licensors (as applicable), own all Intellectual Property in and to Safe Ag Systems (including any updates, enhancements and new features), the Materials, the Recommendations and any Content published on Safe Ag Systems. This material includes, but is not limited to, the design, layout, look, appearance, graphics, trade marks, branding and logos. You must not copy, modify, distribute, sell or lease any part of Our Intellectual Property other than in accordance with this section.
Safe Ag Systems, the Content published on it, and the Materials, are protected by the copyright laws of Australia and treaties around the world. All such rights are reserved.
You may print off copies of the Materials only on the basis that the copies are used solely in connection with the Services and not for any other purpose including, without limitation, for distribution to any third party. You may draw the attention of others within Your organisation to, and download extracts of, Content posted on Safe Ag Systems if required in order for you to enjoy the benefit of the Services. You may modify the paper or digital copies of any materials You have printed off or downloaded in any way (including the Materials) in order to make them suitable for use in Your business. However, Our status (and that of any identified contributors) as the authors of the original Content and Materials must always be acknowledged.
If You print off, copy or download any part of Safe Ag Systems in breach of these Terms, Your right to use Safe Ag Systems will cease immediately and You must, at Our option, return or destroy any copies of the materials You have made.
You must ensure that Your access to and use of Safe Ag Systems is not illegal or prohibited by any laws which apply to You. You are responsible for anything You or Your authorised user’s send or upload to Safe Ag Systems. You must not send or upload anything that is offensive, infringes any person’s rights, is against any applicable law, or which We think is inappropriate.
By using Safe Ag Systems, You represent and warrant that You will not:
While We endeavour to adhere to best practice policies and procedures to prevent data loss, We do not guarantee that there will be no loss of data and We expressly exclude liability for any loss of data no matter how caused.
You must not violate the security of Safe Ag Systems in any way. We may suspend or cancel Your account or Your access to Safe Ag Systems if We suspect any security violation. We may also inform any law enforcement body of any suspected unauthorised or criminal activity. Examples of security violations include:
We may update these Terms at any time, with such updates taking effect when You next use Safe Ag Systems or after 30 days, whichever is sooner. No other amendment to the agreement constituting these Terms will be effective unless made in writing, signed by You and by Us.
We will use reasonable endeavours to give You notice of any update to these Terms (which notice may be through the Website and/or the Application) before the change comes into effect, although this may not always be possible.
If You continue using Safe Ag Systems after an update takes effect, You are deemed to have agreed to the update and will be bound by these Terms as amended.
We have spent a significant amount of time developing and refining Safe Ag Systems and are confident You will enjoy using it and find it useful. However, We cannot promise or guarantee any specific outcomes from the use of Safe Ag Systems. To the extent permitted by law, We do not make any representations or guarantees about user experience, quality, or outcomes of any interactions that are initiated via Safe Ag Systems. You acknowledge that Safe Ag Systems is provided on an “as is” and “as available” basis and that, to the fullest extent allowed by law, we expressly disclaim all express and implied warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
By accessing and using Safe Ag Systems, You assume all risks associated with such access and use.
As there are many factors beyond Our control that may affect the performance or compatibility of Safe Ag Systems with certain software or hardware, We cannot promise that Your use of Safe Ag Systems will be uninterrupted or error or defect free, free of viruses or other harmful components or that errors or defects in Safe Ag Systems will be corrected. While We use reasonable measures to ensure the accuracy and currency of data and information on Safe Ag Systems, We make no guarantee that the data on Safe Ag Systems is accurate or current.
To the maximum extent permitted by law, We (and Our directors, employees and agents) do not accept any liability for, and You agree to release Us (and Our directors, employees and agents) from any and all claims in relation to any loss, damage, cost or penalty, howsoever caused, suffered or incurred by You arising from:
(including without limitation any consequential losses or damages) and any liability We owe is limited, to the maximum extent permitted under law, to the amount You paid to use Safe Ag Systems, or (if we choose) Us providing the relevant Service again. To the extent allowed at law, in no event will We be liable for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including, but not limited to, loss of profits, business interruption, loss of program or data), without regard to the form of action, whether under legislation, in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with Safe Ag Systems, or any Material, Recommendation, Content, service, site or link displayed on or accessed through Safe Ag Systems.
You agree to indemnify, defend and hold Us (and Our directors, employees and agents) harmless from and against all claims, liabilities, losses and expenses (including reasonable legal fees on a full indemnity basis) that arise from:
We may suspend Your access to Safe Ag Systems (or any part of Safe Ag Systems), or terminate Our agreement with You and Your access to Safe Ag Systems if We reasonably consider that You are in breach of any provision of these Terms. We may, at Our discretion, terminate Our agreement with You and Your access to all or part of Safe Ag Systems without the need to provide reasons.
You may terminate Your account at any time by notice to Us.
These Terms and any disputes or claims arising out of or in connection with them or their subject matter or formation shall be governed by the laws of South Australia. You submit to the jurisdiction of the courts of South Australia in respect of any claim arising from, or related to, these Terms, although We reserve the right to bring proceedings against You for breach of these Terms in Your country of residence or any other relevant jurisdiction.
If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms, and will not in any way affect any other circumstances of or the validity or enforcement of these Terms.
In these Terms, unless the contrary intention appears:
“Application” means the software application or software as a service known or referred to as “Safe Ag Systems™”, made available or accessible by Us.
“Content” means any information, data, text, graphics, photographs, videos, trade marks, logos, sounds, music, audio clips, artwork, computer code, software, scripts, written posts and comments, material, and interactive features generated, provided, used, displayed, or otherwise accessible on or through Safe Ag Systems.
“Fee” means any fee charged by Us for Your use of Our Services.
“Intellectual Property” means any registered or unregistered rights in any copyrights, patents, inventions, discoveries, trade marks, processes, systems, methods, know-how, designs or confidential information or any rights of a similar nature under the laws of Australia or anywhere else in the world.
“Material” means the work health and safety materials, documents and tools published on, or made available to You through use of, Safe Ag Systems.
“Recommendations” means any recommendations generated through Your use of Safe Ag Systems.
“Services” means the services, information, products and/or resources provided by Us (including with respect to the Application and the Website), in accordance with these Terms.
“Terms” means these terms and conditions.
“Website” means the website operated by Us at www.safeagsystems.com and includes, without limitation, any subdomains and services associated with such website.
“We”, “Us”, “Our” means Safe Ag Systems Pty Limited ABN 13 609 786 503 ™ and its related bodies corporate and associates (as defined in the Corporations Act 2001 (Cth)).
“WHS Laws” means applicable workplace and occupational health and safety laws and regulations.
“You”, “Yourself”, “Your” means any person, company or organisation accessing or otherwise using Safe Ag Systems through an account.
Feedback and reporting technical issues
We encourage You to report any technical difficulties experienced while using Safe Ag Systems by contacting Us at firstname.lastname@example.org or on (08) 8490 0939.
If You have any questions about these Terms or would like any further information, please contact Us at email@example.com or on (08) 8490 0939.
We appreciate your interest and thank you for visiting Safe Ag Systems™.
‘Personal data’ means any information capable of identifying an individual. It does not include anonymised or de-identified data.
We collect, hold and process personal data about our customers and potential customers, contractors and other people who come into contact with us (you or your).
The following table sets out the kinds of personal data about you that we may collect, hold and process, along with our legal basis for doing so.
Communication Data includes data derived from any communication that you may send to us, whether through our website, email or any other communication that you send us. We process this data for the purposes of:
Our lawful basis for processing Communication Data is our legitimate interests, which in this case are to reply to communications sent to us, to keep records, to establish, pursue or defend legal claims and to otherwise comply with our legal and regulatory obligations.
Customer Data includes data relating to your use of our services and may include data such as your name, title, billing address, email address, phone number, contact details, payment details and business/worksite details. We process this data to:
Our lawful basis for processing Customer Data is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.
User Data includes data about how you use our website and any services we provide together with any data that you upload to our website or through our services. We process this data to:
Our lawful basis for processing User Data is our legitimate interests which in this case are to enable us to properly administer our website, our online services and our business.
Technical Data includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. We may source this data from our analytics tracking system. We process this data to:
Our lawful basis for processing Technical Data is our legitimate interests, which in this case are to enable us to properly administer our website, our online services and our business, and to grow our business and to decide our marketing strategy.
Marketing Data includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We may process this data to:
Our lawful basis for processing Marketing Data is our legitimate interests, which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.
We may also use any of the above data categories to deliver relevant content and advertisements to you (which may include Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful basis for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful basis for this processing is either consent or legitimate interests (namely to grow our business). Please see section 9 below for more information on marketing communications.
We will only use and process your personal data for the purpose for which it was collected (including as set out above), for a reasonably compatible purpose if necessary, or as otherwise required or permitted by law. For more information on how we process personal data, please contact us using the contact details set out below.
‘Sensitive data’ refers to data about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data.
We collect information you provide directly to us. We will generally collect personal data directly by way of forms and other documents or information you submit to us (whether in paper or electronic form), correspondence you provide to us and telephone calls or meetings with you. We may also automatically collect certain data from you as you use our website or our services by using cookies and similar technologies.
In some instances, we may collect personal data from other sources such as publicly available sources, third parties, press reports or other publications. In this case, we will endeavour to verify such personal data with the subject individual.
There is no obligation for you to provide us with, or verify, any personal data about you. However, if we are unable to collect personal data relating to you, we may be unable to provide you with certain of our services or continue our relationship with you.
Before we disclose your personal data to any third party, we require each third party to respect the security of your personal data and to comply with all applicable laws in handling your personal data.
We may disclose personal data about you to:
For transfers of personal data outside of Australia
We may disclose your personal data to recipients located outside Australia (for example, where our data hosting provider’s servers are located outside Australia). Where we disclose personal data to a third party located outside Australia, we will ensure certain safeguards are in place to ensure your personal data remains protected.
For transfers of personal data outside the European Economic Area (EEA)
For individuals in the European Economic Area (EEA), we may transfer your personal data to recipients located outside of the EEA. Where your personal data is transferred to a third party outside of the EEA, we put certain safeguards are in place to ensure your data is subject to a similar degree of security to the provisions of the EU General Data Protection Regulations. As such:
We may request your prior express consent to a specific transfer of your personal data outside of the EEA where none of the above safeguards are available. You may withdraw this consent at any time.
We are committed to protecting your personal data. We implement appropriate technical and organisational measures to help protect the security of your personal data; however, please note that no system is ever completely secure. We have implemented various policies to guard against unauthorised access and unnecessary retention of personal data in our systems.
We may hold personal data in different ways, including in paper form, electronic form and/or in other mediums. While we have taken steps that are reasonable in the circumstances to protect the personal data we hold from misuse, interference and loss and from unauthorised access, modification or disclosure, we cannot guarantee that such misuse, interference, loss, or unauthorised access, modification or disclosure will not occur.
We may also allow our employees and partners to access your personal data where they have a business need to know such data. We require such employees and partners to only process such data on our instructions and to keep it confidential.
We retain personal data only as long as necessary to fulfil the purpose it was collected for, to provide you with our services, for our legitimate and essential business purposes (such as maintaining the performance of our services), for complying with our legal obligations, and for resolving disputes. Following this period, we will destroy or de-identify the relevant personal data.
We may de-identify your personal data or aggregate it in such a way that it cannot be used to identify you. We may disclose de-identified information for any purpose we see fit, including to advertisers and other third-parties for their commercial, marketing, research and promotional purposes.
Our de-identification procedure involves:
From time to time we may process your personal data to provide you with marketing materials in relation to offers, specials, products and services that we consider may be of interest to you. Our lawful basis of processing your personal data for this purpose is either your consent or our legitimate interests (namely to grow our business).
We will not disclose your personal data to a third party for their own marketing purposes unless we have your prior express consent.
If you do not want to receive direct marketing materials from us you may notify us by following the ‘opt out’ or ‘unsubscribe’ links on any marketing messages we send to you or by emailing us using the contact details set out below.
Under data protection laws, you have certain rights in relation to your personal data, which may include rights to access, correct or delete your personal data, have it sent to another organisation, restrict or object to its processing or complain to a regulator about how it is handled. To exercise these rights (as available), please contact us using the contact details set out below.
You may request access to personal data which we hold about you by contacting us using the contact details set out below. When you request copies of your personal data held by us we will endeavour to provide you with such copies as soon as reasonably practicable.
We may require you to verify your identity and specify what personal data you require. There may be occasions when access to personal data we hold about you is denied. Such occasions would include (without limitation) where release of the information would have an unreasonable impact on the privacy of others.
We assume that any personal data provided by you is accurate and complete. If you believe the personal data we hold about you is inaccurate, incomplete or out of date, please notify us immediately. You may request that we update or vary personal data that we hold about you by contacting us using the contact details set out below.
Providing your information to us is voluntary. If your personal data is collected based on your consent, you may also withdraw that consent. If you choose not to provide your personal data, or if you withdraw consent, we may not be able to provide you with some or all of our services. To understand the consequences of deciding not to provide your personal data, contact us using the contact details set out below.
If you are of the view we have breached the Privacy Act 1988 (Cth), the Australian Privacy Principles or any related privacy code (to the extent that they are applicable to us) in dealing with your personal data, you may make a complaint by writing to us using the contact details set out below and we will take reasonable steps to investigate the complaint and respond to you within a reasonable time frame.
You can also make a complaint to your local data protection authority (they will be able to advise you on how to submit such a complaint). Before you do so, we ask that you contact us first so that we can try to resolve the issue for you.
You have the option of not identifying yourself or using a pseudonym when dealing with us in relation to privacy matters unless you are applying for credit from us, you are applying for employment with us, we are required by law or a court/tribunal to deal with individuals who have identified themselves or it is impractical for us to deal with you if you have not identified yourself in the circumstances.
Full name of legal entity:
Safe Ag Systems Pty Limited ABN 13 609 786 503, trading as ‘Safe Ag Systems™’
PO Box 155, Glenelg, SA 5045, Australia
+61 8 8490 0939