TERMS AND CONDITIONS
About
1.1 www.airagri.com.au and its associated Website, App or Devices (the Platform), operated by AirAgri Services Pty Ltd (ACN 666 765 331) (the Company, we, us, AirAgri) provides simple digital tools to Aussie farmers for a safer and smarter agricultural future.
1.2 Access to and use of the Platform, or any of its associated products and/or services, are provided by the Company. Please read these terms and conditions (the Terms) carefully.
Definitions
2.1 App: refers to the AirAgri mobile application, and forms part of the Platform;
2.2 Devices: refers to physical hardware supplied to the User in conjunction with the Website and/or App, and forms part of the Platform. The Devices include, but are not limited to, IoT hardware and observation and recording hardware;
2.3 Platform: refers collectively to the:
(a) AirAgri website located at www.airagri.com.au (Website);
(b) the AirAgri mobile application (the App);
(c) the AirAgri web application located at airagri.tech (Webapp); and
(d) the SafeFarm web application located at tech.safefarm.au (Webapp);
(e) any hardware Devices provided by AirAgri for use in conjunction with the App or Website (the Devices),
and the Platform includes all services, features, functionalities, content, and products offered by AirAgri through the App, Website, or Devices.
2.4 Privacy Laws: refers to (a) the Privacy Act 1988 (Cth) including the Australian Privacy Principles, (b) any other law (Commonwealth or State) that applies to a party with respect to privacy and (c) any other law that obliges a party to maintain privacy or confidentiality of information or communications;
2.5 Subscription: refers to paid access granted to a User for a specified period, allowing them to utilise the features and services of the Platform;
2.6 Users: refers to the person using the Platform; and
2.7 Website: refers to the AirAgri website, and forms part of the Platform.
Acceptance of these Terms
3.1 These Terms apply to the use of our Platform. By using, browsing, signing up to and/or making payment through this Platform, you agree to be bound by these Terms as well as any and all general terms and conditions posted on our Platform from time to time. If you do not accept these Terms, you must cease use of the Platform and our products immediately.
3.2 If you are signing up on behalf of a company or an agent, you warrant that you have the authority to act on behalf of the company and/or agent, and bind the company and/or agent to these Terms.
3.3 By engaging the Company, you acknowledge and understand that the Company does not provide you with any specialist, professional or technical advice. For further information, please read these Terms carefully.
3.4 You may not accept the Terms if:
(a) you are not of legal age to form a binding contract with the Company; or
(b) you are a person barred from receiving the products under the laws of Australia or other countries including the country in which you are reside or from which you use the products.
3.5 The Company reserves the right to review and change any of the Terms by updating this page at its sole discretion. When the Company updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of the publication. Before you continue, we recommend you keep a copy of the Terms for your records.
The Platform
4.1 The Platform offers Users tools to improve and protect their farms using simple digital technologies, including, but not limited to:
(a) Digital Mapping Services: Users are provided with the opportunity to create comprehensive digital maps of their properties, either independently or in collaboration with the AirAgri team;
(b) External Data Integration: The Platform enables Users to incorporate external data sources and insights pertinent to their property;
(c) Digital Record Maintenance: A system for recording and maintaining easily retrievable digital records;
(d) Visitor Registration Feature: An efficient property visitor registration system;
(e) Safety Induction Procedures: The Platform includes the ability to conduct safety inductions for visitors;
(f) Safety Record Management: Tools for managing safety records as well as tracking near misses, and identifying potential hazards;
(g) Task Management System: To-do lists can be created and managed to ensure efficient workflow;
(h) Chemical Management System: There are features for managing and tracking chemical use on the property;
(i) Custom Data Collection Forms: Users can create custom forms to capture other property-specific information as needed;
(j) Lone Worker Alert System: The Platform includes an alert system for the safety of lone workers or farmers;
(k) Internet of Things (IoT) Hardware: IoT hardware is available for rent to supplement the lone worker alert system;
(l) Observation and Recording Hardware: Recording hardware can be rented to observe and track property conditions;
(m) Personal Profile Creation: Users can create a personal profile containing details about their property and themselves, which can be shared with other property owners;
(n) Data Import/Export Feature: Users can download or upload their data to ensure backup maintenance;
(o) Variable Support Models: Support levels vary depending on the User’s Subscription level;
(p) Farm Assistant Chat Bot: Users have access to a Farm Assistant Chat Bot for instant help and guidance;
(q) Weather Forecasting: The Platform includes timely weather forecasting features;
(r) Mental Health Screening Capability: The Platform provides mental health screening tools. Any information received from this tool should be reviewed with a medical professional, regardless of how general or specific it is; and
(s) User-Defined Sharing Capability: Users can share property information via a “share now” feature.
Platform Variants
5.1 The features and functionalities of the Platform may be made available under various brands, applications, or other platforms, each designed to cater to specific industries, purposes or audiences.
5.2 All such branded versions derive from the same Platform but may have custom features, designs, or integrations pertinent to their specific branding and target audience.
5.3 Regardless of the specific branded version of the Platform that a user interacts with, these Terms apply uniformly. The User agrees to be bound by these Terms in full where using any other branded version of the Platform.
Account Setup
6.1 To purchase a Subscription, you are required to register an account on the Platform (the Account) by filling an application form.
6.2 To establish an Account, you will be required to provide personal information about yourself, including but not limited to, the following:
(a) name;
(b) email address;
(c) telephone number;
(d) company name (if using the Platform on behalf of a company);
(e) credit/debit card details;
(f) a preferred username; and
(g) a preferred password.
6.3 You agree and acknowledge that any information you provide to the Company in the course of setting up an Account will always be accurate, correct and up to date.
6.4 You agree and acknowledge that the Company reserves the right to terminate your Account and/or cancel your Subscription without notice if you provide misleading, false, deceptive, inaccurate and/or outdated personal information.
Your Account Obligations
7.1 You agree and acknowledge that:
(a) you are solely responsible for the activity that occurs under your Account;
(b) anything you submit to be included on the Platform, including all material, links, words and images (the Content) is accurate, correct and up to date;
(c) you have the sole responsibility to protect the confidentiality of your password and/or email address. You agree to immediately notify the Company at support@airagr.com.au of any unauthorised use of your password or email address or any breach of security of which you have become aware. You agree and acknowledge that use of your password by any other person may result in an immediate cancellation of the Subscription and the Account;
(d) you will use the Platform as permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(e) access to and use of the Platform and Subscription is non-transferable and limited to you;
(f) any use of your registration information and Content by another person, or third party, is strictly prohibited;
(g) appropriate legal action will be taken by the Company for any illegal or unauthorised use of the Platform;
(h) you must not:
(i) expressly or impliedly impersonate another Account at any time;
(ii) use the Platform for any illegal and/or unauthorised use;
(iii) provide false information including false names, contact details and Content;
(iv) use the Platform unlawfully or in a manner that violates these Terms and any applicable laws or regulations;
(v) circumvent or hack into any part of the Platform to access data not intended for you;
(vi) interfere with the servers or networks connected to the Platform, or violate any of the policies, procedures or regulations connected to the Platform;
(vii) engage in conduct or access the Platform in a way that will impose an unreasonable or large burden of traffic demands on the Company;
(viii) create derivative works of the Platform or an application substantially similar or a direct copy of the Platform such that confusion may occur as to which Platform is operated by the Company;
(ix) resell, distribute, transfer, modify, lease, encumber or export the software associated with the Platform; and/or
(x) copy of produce a substantially similar software or hardware product or tool that was provided to you by us.
Subscription
8.1 Our Platform provides our Users with three types of Subscription packages to access our range of tools – Bronze being a freemium Subscription (Bronze), Silver being a paid Subscription (Silver) and Gold being a paid Subscription (Gold).
8.2 The features, tools and services included in each Subscription, as well as the pricing of each Subscription, are as advertised on the Platform at the time of subscribing or renewal.
8.3 We reserve the right to modify the inclusions of each Subscription, the pricing of each Subscription, or the terms and conditions of the Subscription at any time. We will provide you with reasonable notice of any such changes, in accordance with applicable law. Changes will not affect any existing Subscriptions during the then-current Subscription term, but will apply upon the renewal of any Subscription.
8.4 Unless you notify us before the end of your Subscription term that you no longer wish to be a subscriber, your Subscription will automatically renew and you authorise us to collect the then applicable then-applicable annual or monthly Subscription Fee using any credit card or other payment mechanisms we have on record for you.
8.5 You may cancel your Subscription at any time by following the instructions on the Platform. Cancellations will take effect at the end of the then-current Subscription term. We do not provide refunds or credits for any partial Subscription terms.
Payment
9.1 Subscription fees are as advertised on the Platform at the time of purchase or renewal. All prices are inclusive of all taxes, levies, or duties imposed by applicable law.
9.2 You can pay for your Subscription using any of the methods specified on the Platform. A surcharge may apply to payments made by credit card depending on the credit card used.
9.3 You agree and acknowledge that we will treat an electronic instruction as authentic and are under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
9.4 Payment processing services for Subscriptions are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service, which includes the Stripe Terms of Service (collectively, the Stripe Services Agreement). By subscribing and using Stripe to process payments you agree to be bound by the Stripe Services Agreement, which may be modified by Stripe from time to time. As a condition of enabling payment processing services through Stripe, you agree to provide us with accurate and complete information about you and your business, and you authorise us to share it and transaction information related to your use of the payment processing services provided by Stripe.
9.5 Subscription fees will be automatically charged to your payment method on file at the beginning of each monthly Subscription period. You hereby authorise us to charge your card for such amounts on a regular monthly basis.
9.6 If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your Subscription, we may suspend your access to the Platform until we have successfully charged a valid payment method.
9.7 You may cancel your Subscription at any time. Cancellations must be made prior to the beginning of the new monthly subscription period to avoid being charged for the following month’s fee. Unless otherwise provided by law, all Subscription fees are non-refundable.
9.8 AirAgri reserves the right to modify its payment Terms at any time, with notice given to Users in advance of such changes becoming effective.
Devices
10.1 As part of our Platform offering, AirAgri provides Devices for rent to Users to be used in conjunction with the Platform under the Terms stipulated herein.
10.2 Rental fees for Devices will be as advertised on the Platform. These fees are in addition to any Subscription or other fees related to the Platform. All prices are inclusive of GST.
10.3 The available rental periods and associated rental fees are as advertised on the Platform. Extensions to the rental period can be requested but are subject to availability and additional fees.
10.4 Users agree to take reasonable care of the Devices. Any damages, other than normal wear and tear, will be charged to the User. Lost or irreparably damaged Devices will be charged at the full replacement cost.
10.5 At the end of the rental period, Users must return the Devices in the condition received, barring normal wear and tear. A late fee will be imposed for each day the Device is not returned after the rental period ends.
10.6 Rental fees will be automatically charged to your payment method on file through Stripe, along with any other applicable fees, such as damages or late returns.
10.7 At all times, the ownership of the Devices remains with AirAgri. The User is only granted a limited license to use the Device for the rental period.
10.8 You must not allow any person other than the registered User to use or take possession of a Device.
10.9 AirAgri reserves the right to terminate the rental agreement and request the immediate return of Devices if the User violates any Terms or for any other reason at AirAgri’s discretion, with prior notice.
Security Interest on Devices
11.1 You acknowledge that by renting Devices from AirAgri, you grant AirAgri a security interest in the Devices for the purposes of the Personal Property Securities Act 2009 (Cth) (PPSA) and to secure all amounts and obligations payable or owing under these Terms.
11.2 You agree not to do anything that would prevent AirAgri from registering the security interest under the PPSA. You undertake to provide any information required by AirAgri to ensure the security interest is enforceable, perfected and otherwise effective. Further, you waive any right to receive notice under PPSA (including notice of a verification statement) unless such notice is required by the PPSA and cannot be excluded.
11.3 You agree that AirAgri holds a purchase money security interest (PMSI) under the PPSA in the Devices rented out to you. The PMSI is claimed pursuant to the PPSA and therefore takes priority over all other security interests in the Devices.
11.4 We may recover from you the cost of doing anything reasonably necessary to protect our interest in the rental Device under this clause, including registration fees.
Termination
12.1 Users may cancel their Subscription at any time through the Platform’s account settings or as otherwise directed on the Platform. Unless otherwise stated in these Terms, the cancellation will take effect at the end of the current Subscription period, and you will not be entitled to a refund for any Subscription fees already paid.
12.2 AirAgri reserves the right to terminate or suspend your Subscription and access to the Platform, without prior notice, in the event of:
(a) breaches or violations of these Terms;
(b) fraudulent of illegal activities;
(c) extended period of inactivity; or
(d) non-payment of any fees owed by you in relation to the Platform.
12.3 Upon termination, provisions of these Terms shall survive termination including, but not limited to, intellectual property provisions, disclaimers, indemnity and limitations of liability.
Privacy and Data
13.1 We collect and use personal and non-personal information as described in our Privacy Policy. By using the Platform, you agree to the collection and use of your data in accordance with our Privacy Policy.
13.2 We will comply with applicable Privacy Laws in relation our provision of the Platform. You must comply with applicable privacy laws in the use of the Platform.
13.3 While we employ commercially reasonable security measures to protect data, we cannot guarantee the security of any data transmitted to or from the Platform or stored on the Platform.
13.4 The Platform may integrate with or contain links to other third-party services. We are not responsible for the privacy practices or the content of these third-party services.
13.5 We retain your data as long as necessary for the purposes set out in our Privacy Policy, or for a period specifically required by applicable regulations or laws.
13.6 We may share or transfer your data as described in our Privacy Policy for the purposes of delivering the features of our Platform.
13.7 The Platform may use cookies, beacons, and similar tracking technologies to gather information about your activity on the Platform, and this usage is governed by our Privacy Policy.
13.8 We may also collect statistical and aggregated data about the use and operation of the Platform, including debugging information and device usage information.
13.9 We reserve the right to modify our Privacy Policy and practices at any time. We will notify Users of any significant changes, and where required by law, will obtain User consent.
Warranties
14.1 The Platform is provided “as is”, without any guarantees, representations, conditions, or warranties of any kind, either expressed or implied, including but not limited to any warranties related to merchantability, fitness for a particular purpose, or non-infringement except as required by the Australian Consumer Law.
14.2 We do not warrant that the use of the Platform will be uninterrupted, timely, secure, or error-free. The Platform is not a substitute for emergency services, and if not connected to a network, its functionality may be limited or non-existent. Users should always have alternative measures in place, especially for medical or emergency situations requiring fail-safe technology.
14.3 We do not warrant the accuracy, completeness, or timeliness of the data provided on the Platform. Decisions based on such data are the sole responsibility of the User. We shall not be liable for any actions or decisions taken by the User based on the information provided.
14.4 The Platform may be temporarily unavailable due to scheduled or unscheduled maintenance or for other reasons.
14.5 Any support and/or guidance provided by AirAgri or the Platform should be treated as general in nature, and you should always consult with professionals that have a deep understanding of your property or business.
Indemnity
15.1 Users agree to indemnify, defend, and hold harmless AirAgri, its directors, officers, employees and agents, from and against all claims, damages, losses, and costs, including reasonable legal fees, arising from or relating to your use of the Platform, any decisions or actions taken based on the data provided, or any violation of these Terms.
Liability
16.1 Under no circumstances will AirAgri or its affiliates, agents, or licensors be liable to any User for any direct, indirect, incidental, consequential, special, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, or other intangible losses, arising out of or relating to access or use of, or inability to access or use, the Platform.
16.2 AirAgri is not liable for any loss of data or Content resulting from your use of the Platform, system failures, or any other interruptions.
16.3 The Lone Worker and Safety Alert features of the Platform are provided with the understanding that various elements outside our control, including but not limited to the connectivity of cellular, IoT, and satellite networks, may impact the functionality. As such, we are not liable for the availability, timeliness, or effectiveness of such alerts.
16.4 We do not accept responsibility of liability for the compatibility of the Platform with any User’s devices, applications or third-party systems.
16.5 The Platform should not be used as the sole risk mitigation strategy, especially in medical, emergency or similar applications. Users should always have secondary or backup measures in place.
Disclaimers
17.1 Weather Forecasting: The weather forecasting feature is based on external sources and algorithms, and as such, the accuracy and timeliness cannot be guaranteed. Users should cross-reference with other reputable sources before making decisions based on the weather forecasts provided.
17.2 Mental Health Screening: The mental health screening tools provided on the Platform are for informational purposes only and are not a substitute for professional medical advice, diagnosis, or treatment. Users should always seek the advice of qualifies health providers with any questions about their mental health.
17.3 Chemical Management: While the Platform provides tools for tracking and managing chemical use, AirAgri does not endorse or validate the safety or appropriateness of any specific chemical or its application.
17.4 IoT and Hardware Integration: The integration and functioning of IoT devices and other hardware with the Platform depend on the individual device specifications, manufacturer guidelines, and external networks. AirAgri cannot guarantee the uninterrupted functioning of these Devices or their integrations with the Platform.
17.5 Data Privacy: While AirAgri endeavours to maintain the privacy and security of User data, we cannot guarantee the invulnerability of our servers or data storage to breaches, hacks, or other cybersecurity threats.
17.6 Third-party Integrations: For any third-party services or data sources integrated with the Platform, ArAgri assumes no responsibility for their accuracy, functionality or content.
17.7 Maps and Geographic Data: Digital mapping services and any related geographic data should be cross-verified with other sources. Discrepancies or errors in mapping should be expected, and AirAgri holds no responsibility for any decisions made based on this information.
17.8 Farm Assistant Chat Bot: The advice or guidance provided by the Farm Assistant Chat Bot may not always be accurate or the best solution for specific scenarios.
17.9 Recommendations and Suggestions: Any recommendations, strategies, or suggestions provided by the Platform are generated based on general criteria and may not always be applicable to individual farm conditions, needs or situations.
17.10 User-generated Content: AirAgri is not responsible for any Content or data that Users might upload, share, or disseminate through the Platform. This includes the accuracy of property profiles, custom data collection forms, and shared property information.
Intellectual Property
18.1 All intellectual property rights in and to the Platform, including but not limited to its software, design, graphics, interactive features, logos, documentation, and any related materials (collectively, the Platform IP) are owned by or licensed to AirAgri. This includes the look and feel of the Platform, which are protected by copyright, trademark, patent and other laws that protect intellectual property and proprietary rights.
18.2 Upon accepting these Terms, AirAgri grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform solely for your own personal or internal business purposes. The license does not grant you any rights to use AirAgri’s trademarks, service marks, or logos.
18.3 While Users retain ownership of the intellectual property rights in the Content they upload or provide to the Platform, by using the Platform, Users grant AirAgri a non-exclusive, royalty-free, worldwide, and transferable license to use, reproduce, distribute, display and perform the content in connection with the Platform and for AirAgri’s business purposes.
18.4 You may not reverse engineer, decompile, or disassemble the Platform. You may not modify, adapt, resell, distribute, or make any copies of the Platform IP. Any unauthorised use of the Platform or the Platform IP is strictly prohibited and will terminate the license granted herein.
18.5 The Platform may incorporate or integrate with third-party technology, services, or applications. You acknowledge that AirAgri does not own the intellectual property rights to such third-party services or applications, and that your use of such services or applications will be governed by their respective terms and conditions.
Dispute Resolution
19.1 Compulsory:
(a) If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
19.2 Notice:
(a) A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
19.3 Resolution:
(a) On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
(i) within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) if for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(iii) the Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; and
(iv) the mediation will be held in Melbourne, Australia.
19.4 Confidential:
(a) All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
Governing Law and Jurisdiction
20.1 The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby will be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms will be binding to the benefit of the parties hereto and their successors and assigns.
Notice
21.1 AirAgri may provide any notice to you under the Terms by sending a message to your email address. The notice provided by AirAgri to you by email will be deemed to have been properly given on the date AirAgri sends the email, regardless of whether you have received the email.
21.2 Unless specified otherwise, any notices provided by you to AirAgri must be in writing and be delivered either in person, or via registered post. Notices provided by registered post will be deemed to have properly given three days after they are posted (if posted).
Severance
22.1 If any part of the Terms is found to be void or unenforceable, that part will be severed and the rest of the Terms will remain in force. Waiver
23.1 A waiver of any right, power or remedy under these Terms must be in writing signed by the party granting it.
23.2 A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
23.3 The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms does not amount to a waiver.
Assignment
24.1 AirAgri may assign or transfer its rights or obligations under the Terms without your consent.
24.2 You may not assign or transfer your rights or obligations under the Terms without prior written consent of the Company. A purported assignment without written consent will be deemed to be void and convey no rights.
Links
25.1 Our Platform and correspondence to you may contain links to other websites. These links are meant for your convenience only. Please be aware that AirAgri is not responsible for the privacy practices of such other websites. We encourage our Users to be aware, when they leave our Website, to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this Website.
Email Communication
26.1 AirAgri may also provide you with information and updates regarding our Platform and changes to the law from time to time. AirAgri may also make you aware of their new and additional features of the Platform via email. This service is for free and you can unsubscribe at any time.
Changes to our policies
27.1 We reserve the right to modify our policies at any time, including these Terms and our Privacy Policy, in our sole discretion. All modifications will be effective immediately upon our posting of the modifications on this Website.
Questions or Complaints
28.1 If at any time you have a question about what information we hold about you, wish to change your personal details or have a complaint or concern, please contact us at: support@airagr.com.au.
