Terms & Conditions
Farmsmart Terms and Conditions of Use
* Farmsmart is owned by AGSMART Pty Ltd ABN 65 101 860 397.
A. Right to use
B. Your obligations
C. Support and other services
D. Disclaimer and acknowledgements
E. Limited warranty
F. Exclusions and limitation of liability
M. Entire agreement
N. Governing law
A. Right to use
A.1 Subject to the following terms and conditions you are granted a non-exclusive right to use this website solely for your own purposes and not for the provision of a service to another person.
B.1 You hereby undertake not to:
(a) copy, reproduce, translate, adapt, vary, modify, decompile, disassemble, reverse engineer, create derivative works of, modify, sub-license, rent, lease, loan or distribute any part of this website other than as expressly authorised by these terms and conditions;
(b) provide or otherwise make available this website in whole or part in any form to any person;
(c) use this website for any illegal, unauthorised or dangerous purpose;
(d) transfer, assign, sell to or share with any other person any right under these terms and conditions without the prior written consent of Farmsmart; and
(e) permit any act which infringes the intellectual property rights which subsist in this website and its associated services
B.2 You hereby undertake to:
(a) supervise and control the use of this website in accordance with these terms and conditions;
(b) ensure that your officers and employees who have authorised access to this website are made aware of these terms and conditions;
(c) advise Farmsmart in writing within seven days of you becoming aware of any person using this website who is not licensed by Farmsmart to do so;
(d) back up any data that is stored by you on Farmsmart's system;
(e) keep your password and user account details confidential and not disclose same to any other party. Should any such disclosure occur you shall report same to Farmsmart by email as soon as possible; and
(f) be responsible for all use of this website whether authorised by you or not.
C.1 Farmsmart may, from time to time, make available support and other assistance in relation to this website. Should you wish to use such services then you agree to pay the then published rates of Farmsmart in relation to such services which are supplied pursuant to these terms and conditions.
C.2 Any period of access, support and other assistance which you request shall be automatically renewed.
D.1 You acknowledge that:
(a) Farmsmart incorporates information as provided by third parties without checking the accuracy of that information;
(b) Farmsmart is not responsible for the accuracy of the information supplied nor the results of any additions or amendments to the information;
(c) This website contains certain instructions and a failure to follow these instructions carefully could result in erroneous information being provided by this website;
(d) You should check all information provided by this website for any anomalies; and
D.2 This website is made available to you on the understanding that subject to the warranties below, Farmsmart is not responsible for the results of any actions taken, either by you or a third party, relying on information supplied or not supplied by this website and any material found on it.
E.1 Farmsmart shall supply all services with all due care and skill.
E.2 Farmsmart shall re-supply any services which are not provided with due care and skill provided that you notify Farmsmart of same within a reasonable time from the supply of the services.
E.3 This remedy shall be your sole and exclusive remedy for breach of these terms and conditions or any other cause of action against Farmsmart.
F.1 This website and all associated services are provided as is and all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of these terms and conditions or generally are excluded.
F.2 Farmsmart cannot and does not warrant that Farmsmart will be available 24 hours a day or that any fault will be corrected within a specific time frame.
F.3 Where any legislation implies in these terms and conditions any term, and that legislation avoids or prohibits provisions in a contract excluding or modifying such a term, such term shall be deemed to be included. However, the liability of Farmsmart for any breach of such term shall, if permitted by that legislation, be limited at Farmsmart's option to any one or more of the following: If the breach related to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired. If the breach relates to services: the supplying of the services again or the payment of the cost of having the services supplied again.
F.4 Except for personal injury (including sickness and death) and the limited warranty and to the maximum extent permitted by law, Farmsmart shall not be under any liability (contractual, tortious or otherwise) to you in respect of any loss or damage (including, without limitation, consequential loss or damage) howsoever caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the supply of goods or services pursuant to these terms and conditions or the action, failure or omission of Farmsmart.
G.1 You may at any time cease to use this website.
G.2 Farmsmart may with 30 days notice cease to provide this website or any other services.
H.1 Except as stated expressly to the contrary, the fees payable for the use of some Farmsmart services will be published at www.farmsmart.net.au and may be updated on not less than the then extant billing period's notice.
H.2 Fees do not include any taxes, charges, levies or duty which may be payable on the supply of such goods and services including without limitation any GST, stamp duty or otherwise.
H.3 To the extent permitted by law, you are responsible for such taxes, charges, levies and duties and shall pay same to Farmsmart upon request.
H.4 Farmsmart reserves the right to suspend the provision of services unless its accounts are promptly paid.
I.1 You hereby indemnify Farmsmart fully against all liabilities, taxes, costs (on a solicitor and own client basis) and expenses which Farmsmart may incur to a third party as a result of your breach of any of these terms and conditions.
At Agsmart (owners and operators of Farmsmart), we recognise that it is important for you to know how we deal with your personal information. This Internet Privacy Statement sets out our general policies on the handling of personal information on the Internet.
We appreciate that you may have concerns about your privacy and about the confidentiality and security of information we may gain about you on-line. Agsmart is committed to keeping that information secure. Information is only collected if requested by your Farmsmart contracted processor to which you supply your products or if it is necessary to deliver you with the best possible service, and to enhance the Web Site.
J.2 What Information is collected?
Agsmart provides to our registered users secure access to information transferred to us by the dairy organisation to whom you supply milk. This information is kept strictly confidential and is protected from unauthorised access by a range of secure procedures, facilities and technology. We store this information for the period of time required to provide you with the information and services contracted by your organisation. Agsmart also collects information such as survey data and other farm information on behalf of the Farmsmart contracted processor to which you supply your products. If you contact us by email through this site we will keep a record of your email address and any information provided to us in that email but will only use it for the purpose for which it was provided. If authorised by you, we may provide our own regular newsletter service sent to your email address.
If you visit our site to browse, read or download information, our system may log these movements. These web site logs are not personally identifiable, and we make no attempt to link them with the individuals who browse the site. Information collected may include:
• your server address
• your top level domain name (for example .com, .gov, .au etc)
• the date and time of your visit to the site
• the pages you accessed and documents downloaded
• the type of browser you are using.
J.3 Access to and Updating information collected and Unsubscribing from our service
We will take all reasonable steps to either supply the information or to correct the information so that it is accurate, complete and up-to-date.
J.4 Use of information collected
The information collected from you may be used for Agsmart product development, research and our own marketing purposes. Agsmart may provide third parties with access to aggregated production and quality data. This aggregated data will be provided to third parties in such a way that identification or your personal information or individual farm is not possible.
Your e-mail address will only be used for the purpose for which you have provided it and it will not be provided to any 3rd parties except your processing company, or used for any other purpose without your consent.
This site provides facilities for the secure transmission of information across the Internet. Users should be aware that there are inherent risks in transmitting information across the Internet.
J.5 What are Cookies and how do we use them
A cookie is a small data file that contains information about your visit to a Web site. This is generated by a software application on a site's server in a text file, and stores this file on your computer. A cookie only identifies your computer to a web server when you visit the site; they do not identify users. Most browsers now recognise when a cookie is offered.
Farmsmart writes cookies to your computer’s memory for the duration of your session only. No cookies are stored on your hard drive.
J.6 Links to other sites
You are able to access various other sites by clicking on links that we have provided. You should be aware that other sites are not subject to our privacy standards and procedures. You will need to contact them directly to ascertain their privacy standards.
J.7 How to contact us
This Privacy Statement may change from time to time, so please check back to keep updated.
If you have any questions about this statement you may contact us.
Agsmart Pty Ltd
Suite 302 / 620 St Kilda Rd
Melbourne VIC 3004
K.1 Failure or neglect by Farmsmart to enforce at any time any of the provisions of these terms and conditions shall not be construed or deemed to be a waiver of Farmsmart's rights under this terms and conditions.
L.1 If any provision of these terms and conditions is held invalid, unenforceable or illegal for any reason, these terms and conditions shall remain otherwise in full force apart from such provision or part provision, which shall be deemed deleted.
M.1 These terms and conditions constitute the entire agreement between the parties for the subject matter referred to in these terms and conditions.
M.2 Any prior arrangements, agreements, representations or undertakings are superceded.
M.3 These terms and conditions may only be modified by Farmsmart issuing a new set of terms and conditions which it may do so on 30 days notice.
N.1 The use of this website and any associated services shall be governed by and construed according to the law of the State of Victoria, Australia.
N.2 You hereby irrevocably submit to the exclusive jurisdiction of the Courts of Victoria, Australia.
* Farmsmart is a trading name of AGSMART Pty Ltd ABN 65 101 860 397.