1. Introduction and Acceptance of Terms
These Terms and Conditions ("Terms") govern access to and use of My Farm HQ (the "Platform" or "Service"), provided by Streamlined System Solutions ("we", "us", "our"). By creating an account, accessing, or using the Platform, you ("you", "your", "Customer") agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform.
If you are accessing or using the Platform on behalf of a farm business or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" and "your" refer to that entity as well as to you personally.
2. Description of the Service
My Farm HQ is a software platform designed to help agricultural businesses organise and manage records relating to workplace health and safety, hazards, inductions, policies and procedures, documents, vehicles and plant, incidents, jobs, and related farm management functions.
The Platform is a record-keeping and organisational tool only. It does not perform, replace, or guarantee the performance of any physical safety inspection, risk assessment, hazard identification, hazard control, or regulatory compliance activity. Use of the Platform does not, by itself, satisfy any legal, regulatory, or work health and safety obligation of your business.
3. Eligibility and Accounts
You must be authorised to act on behalf of the farm business or other entity for which an account is created. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account, whether or not authorised by you.
4. Your Responsibility for Work Health and Safety Compliance
You acknowledge and agree that:
(a) each farm business using the Platform is solely and exclusively responsible for identifying, assessing, and managing hazards and risks on its property; for complying with all applicable work health and safety ("WHS") and occupational health and safety ("OH&S") legislation, regulations, codes of practice, and other regulatory requirements in its jurisdiction; and for the health and safety of its workers, contractors, visitors, and any other person on or connected with its property;
(b) the Platform is a tool to assist with organising and recording information, and is not a substitute for competent WHS/OH&S advice, professional risk assessment, or the exercise of your own judgment;
(c) any hazard register, checklist, induction record, standard operating procedure, incident report, or other content generated, stored, or managed using the Platform reflects only the information entered by you or your personnel, and we do not independently verify, audit, or guarantee the accuracy, completeness, currency, or adequacy of that information; and
(d) you remain solely responsible for ensuring that your use of the Platform, and any safety processes or systems built around it, meet the requirements of the WHS/OH&S regulator in your state or territory. We strongly recommend that you seek independent, qualified professional advice regarding your specific legal obligations.
5. No Warranty as to Safety Outcomes
To the maximum extent permitted by law, we make no representation, warranty, or guarantee of any kind, express or implied, that use of the Platform will prevent, reduce, or eliminate the risk of accidents, injury, illness, death, property damage, or non-compliance with any law or regulation.
We do not accept responsibility or liability for the safety of any farm, worksite, worker, contractor, visitor, or other person, arising from or in connection with use of the Platform, including where that use forms part of a farm's WHS/OH&S compliance program. Responsibility for farm safety and regulatory compliance rests solely with the farm business operating the Platform, and not with us.
6. No Warranty as to Data
While we take reasonable steps to maintain the security and availability of the Platform, we do not warrant that the Platform will be uninterrupted, error-free, or secure, and we do not guarantee the accuracy, completeness, or ongoing preservation of any data stored, uploaded, or generated through the Platform ("Customer Data").
To the maximum extent permitted by law, we accept no responsibility or liability for any loss, corruption, unauthorised access to, or unavailability of Customer Data, however caused. You are responsible for maintaining your own independent copies or backups of any records that are critical to your compliance obligations or business operations.
7. Not Professional Advice
Nothing on the Platform, including any template, module, checklist, guide, or content library made available through it, constitutes legal, safety, engineering, or other professional advice. You should obtain independent professional advice specific to your circumstances before relying on any content accessed through the Platform.
8. Limitation of Liability
Nothing in these Terms excludes, restricts, or modifies any right, remedy, guarantee, warranty, or other term that cannot lawfully be excluded, restricted, or modified, including under the Australian Consumer Law. Subject to that, and to the maximum extent permitted by law:
(a) we exclude all conditions, warranties, and terms implied by statute, custom, or otherwise, except any that cannot lawfully be excluded;
(b) we are not liable for any indirect, special, incidental, or consequential loss, loss of profits, loss of data, or loss connected with personal injury, death, or property damage arising from or in connection with use of the Platform, except to the extent such liability cannot lawfully be excluded; and
(c) where our liability cannot be excluded but can be limited, our aggregate liability arising out of or in connection with these Terms, or your use of the Platform, is limited, at our option, to resupplying the Service or to the total fees paid by you for the Service in the twelve (12) months preceding the event giving rise to the claim.
This clause does not apply, and is not intended to apply, to the extent it would be void or unenforceable under the Australian Consumer Law or the unfair contract terms regime, including in respect of loss arising from our fraud, wilful misconduct, or negligence causing death or personal injury, to the extent such liability cannot lawfully be excluded.
9. Indemnity
You agree to indemnify and hold us harmless against any claim, loss, damage, cost, or expense (including reasonable legal costs) arising from or connected with: (a) your breach of these Terms; (b) your use of the Platform, including reliance on it for WHS/OH&S compliance purposes; or (c) any inaccurate, incomplete, or misleading information entered into the Platform by you or your personnel, except to the extent caused by our fraud or wilful misconduct.
10. Privacy and Data Handling
We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). By using the Platform, you consent to the collection, use, storage, and disclosure of information as described in our Privacy Policy. You are responsible for ensuring you hold the necessary consents from your workers, contractors, and other individuals before entering their personal information into the Platform.
11. Intellectual Property
All intellectual property rights in the Platform, including its software, design, templates, and content libraries, are owned by or licensed to us. You retain ownership of Customer Data you input into the Platform, and you grant us a licence to host, store, and process that data for the purpose of providing the Service to you.
12. Fees and Payment
Fees for the Service, where applicable, are set out at the time of subscription and are payable in accordance with the billing terms presented to you at sign-up. Fees may be varied on reasonable notice to you.
Streamlined System Solutions reserves the right to increase the price of the Service, or any part of the Service, at any time. We will take reasonable steps to notify you of any price increase before it takes effect. Continued use of the Service after the price increase takes effect constitutes your acceptance of the new price. If you do not agree to a price increase, you must cancel your subscription in accordance with the cancellation process made available in the Platform before the increase takes effect.
13. Suspension and Termination
We may suspend or terminate your access to the Platform for breach of these Terms, non-payment, or where we reasonably believe your use poses a risk to us or other users. You may cancel your subscription at any time in accordance with the cancellation process made available in the Platform. On termination, your right to access the Platform ceases, and you should export any Customer Data you require beforehand.
14. Changes to These Terms
We may update these Terms from time to time. We will take reasonable steps to notify you of material changes. Continued use of the Platform after changes take effect constitutes your acceptance of the updated Terms.
15. Governing Law
These Terms are governed by the laws of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the courts of that jurisdiction.
16. Contact Us
Questions about these Terms can be directed to:
Streamlined System Solutions
