Terms & Conditions
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, “Grower Support”).
Grower Support is a Progressive Web Application (Application) tool for agricultural business owners to assist in the management of their record keeping to demonstrate compliance with various regulatory and market requirements. The tool has been designed to assist business owners with preparing and undertaking audits that are required of them.
In accessing or using Grower Support, 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 Grower Support.
By downloading or accessing the Application, creating an account to use the Application or by otherwise using Grower Support (which includes this version and any other update, feature or future version of Grower Support 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 Grower Support 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 Grower Support is permitted on a temporary basis, and We reserve the right to suspend, withdraw, discontinue or amend all or any part of Grower Support without notice. We will not be liable if, for any reason, Grower Support is unavailable at any time or for any period. You are responsible for making all arrangements necessary for You to have access to Grower Support. You are also responsible for ensuring that all persons who access Grower Support 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 Grower Support, 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 Grower Support, 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 Grower Support to any third party or otherwise use Grower Support for the benefit of any third party.
Information You provide to Us
You are solely responsible for any information, Content or data that is uploaded to Grower Support 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 Grower Support 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:
are dependent on the reliability and accuracy of the information You upload to Grower Support;
are only intended to provide guidance regarding compliance with regulations and schemes for agribusiness and should not be regarded as a substitute for definitive professional, compliance or legal advice; and
should be evaluated in conjunction with such other tools and information that a human specialist would use or account for in making decisions on compliance and record keeping matters.
We do not hold out that strict completion of records with the Material or Recommendations will ensure that you meet your obligations with laws and relevant schemes that You are required to demonstrate compliance with. You are therefore solely responsible for ensuring that:
appropriate measures and processes are in place to verify any Material or Recommendations before any decision or action is taken on the basis of such information;
You comply with applicable laws and schemes.
Grower Support aims to provide generic Materials for Your use to demonstrate compliance, however Your processes and procedures may vary from these. 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 laws in any jurisdiction or scheme rules that you are required to comply with.
Access to, and use of, Grower Support 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 Grower Support 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 Grower Support.
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 Grower Support are in Australian dollars.
Where applicable, You agree to pay all GST and other similar taxes imposed in connection with the supply of Grower Support to You. You are responsible for all internet service provider fees, telecommunication and other charges required for your connection to, or use of, Grower Support.
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.
External sites and third party service providers
In using Grower Support, 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 Grower Support, 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 Grower Support without Our prior written consent.
Changes to Grower Support and its availability
We may change or improve Grower Support 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 Grower Support, stop making Grower Support 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 Grower Support 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 Grower Support (including any updates, enhancements and new features), the Materials, the Recommendations and any Content published on Grower Support. 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.
Grower Support, 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 Grower Support 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 Grower Support in breach of these Terms, Your right to use Grower Support 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 Grower Support 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 Grower Support. 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 Grower Support, You represent and warrant that You will not:
use the Services for any unlawful purpose or other purpose that We reasonably determine is inappropriate or unintended;
incorporate Grower Support into a product or service you provide to a third party;
sell, license, rent, or otherwise use or exploit any Content or Materials for commercial use (other than the uses contemplated by these Terms);
use Grower Support for competitive analysis or to build competitive products;
remove or obscure any proprietary or other notices contained in Grower Support;
reverse engineer, disassemble, decompile, translate or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to Grower Support, except to the extent expressly permitted by applicable law (and then only upon advance notice to Us);
use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from Grower Support for any purpose, including without limitation use on third-party websites;
attempt to probe, scan, or test the vulnerability of Grower Support or any associated system or network, or breach security or authentication measures without proper authorisation;
do anything which is otherwise, in Our view, inappropriate or harmful to Grower Support; or
encourage or assist any third party to do any of the above.
Security and integrity
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 Grower Support in any way. We may suspend or cancel Your account or Your access to Grower Support 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:
attempting to gain unauthorised access to any part of Grower Support, servers or system infrastructure You were not intended to have access to;
interfering with or otherwise circumventing mechanisms in Grower Support intended to limit your use;
using Grower Support in a way that was not intended by Us;
attempting to reverse engineer Grower Support or any system or offering provided through it;
interfering with or disrupting (or attempting to interfere or disrupt) any servers or networks connected to Grower Support; or
sending or storing any harmful code (including, for example, any computer virus, trojan, worm or other code that is harmful or disabling or which assists in or enables unauthorised access to or corruption of data).
Changes to these Terms
We may update these Terms at any time, with such updates taking effect when You next use Grower Support 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 Grower Support after an update takes effect, You are deemed to have agreed to the update and will be bound by these Terms as amended.
Outcomes and use
We have spent a significant amount of time developing and refining Grower Support 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 Grower Support. 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 Grower Support. You acknowledge that Grower Support 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.
Limitation of liability
By accessing and using Grower Support, 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 Grower Support with certain software or hardware, We cannot promise that Your use of Grower Support will be uninterrupted or error or defect free, free of viruses or other harmful components or that errors or defects in Grower Support will be corrected. While We use reasonable measures to ensure the accuracy and currency of data and information on Grower Support, We make no guarantee that the data on Grower Support 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:
Your use of Grower Support; and/or
Your non-compliance with Laws in any jurisdiction or scheme rules,
(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 Grower Support, 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 Grower Support, or any Material, Recommendation, Content, service, site or link displayed on or accessed through Grower Support.
Indemnity and release
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:
activity which You engage in with or through Grower Support;
any breach of these Terms by You;
any breach of any rights of a third party by You; or
any breach of any applicable law, including any WHS Law, by You.
We may suspend Your access to Grower Support (or any part of Grower Support), or terminate Our agreement with You and Your access to Grower Support 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 Grower Support 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 Queensland. You submit to the jurisdiction of the courts of Queensland 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 “Grower Support™”, 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 Grower Support.
“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 record keeping and non-compliance register materials, documents and tools published on, or made available to You through use of, Grower Support.
“Recommendations” means any recommendations generated through Your use of Grower Support.
“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.growersupport.com.au and includes, without limitation, any subdomains and services associated with such website.
“We”, “Us”, “Our” means Grower Support ABN 50291397544™ and its related bodies corporate and associates (as defined in the Corporations Act 2001 (Cth)).
“You”, “Yourself”, “Your” means any person, company or organisation accessing or otherwise using Grower Support through an account.
Feedback and reporting technical issues
We encourage You to report any technical difficulties experienced while using Grower Support by contacting Us at firstname.lastname@example.org or on 0422051233.
If You have any questions about these Terms or would like any further information, please contact Us at email@example.com or on 0422051233.
We appreciate your interest and thank you for visiting Grower Support™.
Your privacy is important
‘Personal data’ means any information capable of identifying an individual. It does not include anonymised or de-identified data.
Kinds of personal data we collect and the purposes for which we process it
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 information 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:
communicating with you;
for record keeping; and
for the establishment, pursuance or defence of legal claims.
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:
open, operate and administrate your account;
supply you with services;
ensure relevant materials are provided to you;
establish, pursue or defend legal claims; and
otherwise comply with our legal and regulatory obligations.
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:
operate our website and our online services;
ensure relevant materials are provided to you;
ensure the security of our website;
maintain back-ups of our website and/or databases; and
enable publication and administration of our website, our business and any other online services that we may provide.
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:
analyse your use of our website and other online services;
administer and protect our business and website;
deliver relevant website content and advertisements to you; and
understand the effectiveness of our online services and advertising.
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:
deliver relevant website content and advertisements to you; and
measure or understand the effectiveness of this advertising.
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.
How we collect personal 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.
How we disclose personal data
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:
our employees who have a business need to have access to such data;
other companies in our group who provide services to us;
professional advisers, such as lawyers, bankers, auditors and insurers;
service providers and partners who assist us in operating our business, including third party payment processing service providers such as Stripe;
third parties to whom we sell, transfer, or merge parts of our business or our assets;
any industry body, tribunal and/or court in connection with any complaint made by you about us;
government bodies that require us to report processing activities; and
any other organisation or person with your consent or as required or permitted by law.
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 transfer such of your personal data to countries that have been approved as providing an adequate level of protection for such data by the European Commission; or
if we use US-based providers that are part of EU-US Privacy Shield, we may transfer such of your personal data to them, as they have equivalent safeguards in place; or
where we use certain service providers who are established outside of the EEA, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give your personal data the same protection it has under the General Data Protection Regulations.
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.
How we hold personal data and data security
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:
removing personal identifiers;
removing or altering other information that may allow you to be identified; and
continuously assessing and managing the risk of re-identification.
Direct marketing communications
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.
Third party links
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.
How to obtain access to your personal data
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.
Accuracy and completeness of personal data
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 personal data to us is voluntary
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.
How to make a complaint about a breach of your privacy rights by us
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.
Anonymity and pseudonyms
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:
MCKEE, JENNIFER ISOBEL; ABN 50291397544, trading as ‘Grower Support™’
PO Box 274, Mourilyan, QLD 4858, Australia
+61 4 22 051 233
Changes to this policy