IMPORTANT – READ CAREFULLY
1. Safe Ag Systems Pty Ltd (ABN 13 609 786 503) (SAS) is an independent business.
2. Safe Ag Systems™ (Application) is a web database application designed specifically for Australian agribusiness owners. The Application is a tool for agribusiness owners to assist in the management of their compliance with the work health and safety and occupational health and safety legislation and regulations enacted in the Australian States and Territories (WHS Laws). The Application has been designed to be flexible to suit your individual business type and structure.
3. The Application and the work health and safety materials, documents and tools (Material) on the Application are owned and operated by SAS.
4. The terms of this document govern the relationship between you and SAS in respect of your use and access to the Application and the Material.
5. Your use of the Application and the Material is conditional upon you agreeing to the terms and conditions set out in this document. By downloading the Application, creating an account to use the Application or accessing or otherwise using the Application or the Material you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions you must not create an account and cease to use the Application and Material immediately. This agreement does not grant you any other rights but those contained herein.
6. SAS may amend these terms and conditions from time to time without notice. Any amendment will be effective immediately upon being uploaded onto the Application. Your continued use of this Application after any amendment becomes effective will constitute your agreement to be bound by the amended terms and conditions.
7. While SAS has made every effort to ensure the accuracy and currency of this Application and the Material, it is subject to change and there may be inaccuracies, errors and omissions.
8. SAS reserves the right to vary or modify the Material contained on this Application and to change or discontinue any function of (or accessibility to) this Application, without notice.
9. You must take your own precautions to ensure that whatever you select for use from this Application is free from viruses or anything else that may interfere with or damage the operation of your computer system.
12. SAS has taken steps to ensure your data and personal information is stored accurately and safely using Secure Socket Layer Certification technology, authentication software and firewalls.
13. If you are issued a Username and Password you are responsible for maintaining the confidentiality and security of that information. You are responsible for any and all activities on this Application which occurs under your Username.
14. Your Username, and non-exclusive licence to use this Application is non-transferrable (Account).
15. When creating your Account, and when uploading information onto the Application, you must provide complete and accurate information. SAS reserves the right to restrict and/or charge for extensive storage exceeding 5GB per subscription on our server.
16. SAS reserves the right to restrict, suspend or terminate your Account in its sole discretion at any time without notice to you. You may terminate your Account by written notice to SAS.
17. You must take due care to protect the copyright of the Application and Material and other intellectual property rights relating to the Application and Material and must protect any confidential information from unauthorised use, copying, publication or distribution.
18. You may only use the Application for lawful purposes. You must not use the Application for any purpose that is unlawful, fraudulent, defamatory, abusive, offensive, would infringe upon another person’s rights or, in the reasonable opinion of SAS, is inappropriate or a misuse of the Application.
19. The Fees for the goods and services rendered to you for use and access to the Application will be as agreed in writing between you (or otherwise your employer) and SAS from time to time.
20. Fees quoted in SAS’s price lists, quotes and advertisements are for guidance only and they are exclusive of GST unless otherwise indicated.
21. To the extent permitted by law, you will not be entitled to a refund in respect of any fees paid to SAS for use of the Application.
LINKS TO OR FROM OTHER SITES
22. For your convenience, the Application contains links to other third party websites. SAS has no control over, and makes no representation or warranty as to, the accuracy or any other aspect of the information on those linked applications.
23. No link to another website is to be construed as an endorsement by, or recommendation of, SAS in respect of any information, goods or services.
24. You must not create or maintain any link from another website to this Application without SAS’s prior written consent.
25. Unless otherwise indicated, SAS reserves all copyright and other intellectual property rights in the content, graphics, coding and design of the Application and Material.
26. SAS grants you a limited non-exclusive, non-transferrable licence to use the Application and Material for your own personal, non-commercial purposes or for the purpose for which your Account was granted to you by SAS.
27. You may not use, copy, modify, transmit, store, publish or distribute the contents of the Application or Material for any purpose other than the purposes set out in clause 26.
28.The websites, products, information, technologies and process contained or referred to in this Application may be subject of other intellectual property rights owned by SAS or third parties. No licence is granted in respect of those intellectual property rights other than as set out in these terms and conditions.
LIMITATION OF LIABILITY
29. Provisions of the Competition and Consumer Act 2010 (Cth) and other laws in force from time to time in Australia may imply warranties or conditions or impose obligations on SAS.
30. Subject to clause 29, SAS offers no other guarantees or warranties in respect of the Application and Materials it supplies to you, and all representations, conditions and warranties of any nature made in relation to the Application and Material are expressly excluded from these terms and conditions and shall not bind SAS.
31. To the extent that any warranty, guarantee or condition cannot be excluded, the liability of SAS for breach of any such guarantee, condition or warranty shall be limited, at the option of SAS, to any one or more of the following:
(a) in relation to the supply of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the costs of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) in relation to the supply of services:(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
32. Except as expressly provided to the contrary in these terms and conditions, SAS shall not have any liability for any indirect or consequential expenses, losses, damages or costs incurred by you arising in any way out of, or in relation to, the supply of the Application and Material (even if due to the negligence of SAS). Any liability on behalf of SAS which may arise under these terms and conditions is limited to the maximum extent permitted by law.
ASSUMPTION OF RISK
33. You acknowledge and agree that:
- the Application and Material may have inherent defects, errors or deficiencies;
- you will use the Application and Material and any advice, opinions or information supplied by SAS, its officers, employees or agents at your own risk; and
- the Application and Material are supplied on the understanding that you will not hold SAS, its officers, employees or agents liable for any loss or damage resulting from your use of the Application or Material.
34. You acknowledge that your Username has been issued to you for the purpose of providing you with access to Material that is tailored to assist you comply with the WHS Laws in respect of your particular business and/or a specific worksite. The Material is not generic and should only be used in connection with the business and/or worksite for which that particular Username was issued.
35. The Application is only intended to provide guidance regarding compliance with the WHS Laws for agribusinesses. SAS does not hold out that strict compliance with the Material will ensure no breaches of the WHS Laws will occur. The duties in the WHS Laws are non-delegable and the obligations vary between the jurisdictions in Australia. It is therefore your responsibility to ensure you comply with the obligations in the WHS Laws. To obtain information about your specific obligations under the WHS Laws please refer the legislation and regulations, or contact the Regulator, in your respective State or Territory. Alternatively, seek out legal advice.
36. The Application and Material has been designed for use in Australia. The WHS Laws may differ significantly in international jurisdictions. Therefore, you may use the Application and Material, at your own risk, in a jurisdiction outside of Australia but you acknowledge that the Application and Material may not be suitable for use, or consistent with the laws, in that jurisdiction.
37. SAS will not be liable for any damage, loss, costs or penalties arising from any non-compliance with the WHS Laws.
38. You must contact SAS if you experience any technical difficulties whilst using the Application. SAS would also appreciate your feedback in respect of the Application. SAS’s contact details are stated in clause 52 herein.
39. SAS makes no warranty as to the completeness or accuracy of the Material or as to its fitness for a particular purpose.
40. The content of the Application and Material is for general information purposes only and does not constitute advice. You should not act upon the contents of the Application or Materials without first seeking appropriate professional advice.
41. SAS does not warrant that the Application, the Material or the material on any linked website does not infringe the intellectual property rights of any person.
42. SAS does not warrant that the functions and content of the Application, or any third-party website, will be:
- uninterrupted or without error;
- remedied if defects occur; or
- free of viruses or other harmful components.
43. SAS will not be liable for disruptions to this Application.
44. SAS is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Application or any external site to which a link is provided.
45. You indemnify SAS and keep SAS fully indemnified against all liabilities, damages, claims, losses, costs and expenses which SAS may incur to a third party or you as a result of your use of this Application or the Material or as a result of your breach of these terms and conditions.
46. Unless SAS advises you otherwise, these terms and conditions cover any updates and new releases of the Application that may be created by SAS during the term of your Account. The version of the Application may be updated from time to time to add support for new functions and services. The Application may automatically download and install updates from time to time.
47. If you do not accept any updates or new releases of the Application, SAS may decline to continue to provide any services to you and may terminate your Account. Where you accept an update or new release, these terms and conditions apply in all respects to that update or new release to the extent that it is incorporated in, or replaces, the Application.
48. If you breach these terms and conditions, failure by SAS to take action will not constitute a waiver of rights and remedies arising from that breach and SAS reserves its entitlement to enforce its rights and remedies in relation to that breach. Any waiver of any provision of these terms and conditions will be effective only if it is in writing and executed by SAS.
49. These terms and conditions shall be governed by the laws in force in the State of South Australia. You submit to the exclusive jurisdiction of the courts of the State of South Australia.
50. The provisions in these terms and conditions which are capable of having effect after the termination of these terms and conditions shall remain in full force and effect following the termination of these terms and conditions.
51. Any provision in these terms and conditions which is invalid or unenforceable is to be read, if possible, so as to be valid and enforceable, or otherwise must be severed to the extent of the invalidity, without affecting the remaining of these terms and conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
51. If you have any questions, please contact SAS on (08) 8490 0939 or Safe Ag Systems™, PO Box 155 Glenelg South Australia 5045.