NSW Farm Safety Advisory Program Terms and Conditions
These Terms apply to the NSW Farm Safety Advisory Program (the Program), and are entered into between NSW Farmers' Assocation (NSWFA) and you.
You agree to these Terms by requesting NSWFA to provide any part of the Program to you. Please read these Terms carefully.
If you request for NSWFA to provide the Program on behalf of your employer or a business entity, you, in your individual capacity, agree that you are authorised to accept these Terms on behalf of your employer or the business entity.
1.1 The Program is delivered by NSWFA and funded by SafeWork NSW.
2. Eligibility for the Program – Advisory Services
2.1 In order to receive direct structured support from the Program’s farm safety advisor/s (including but not limited to phone calls, site visits, workshops and events) you are required to:
2.1.1 be the owner, or official representative, of a farming business registered and operating in NSW; and
2.1.2 be a sole trader, small or medium business with up to 50 full time equivalent employees (excluding seasonal staffing such as additional employees during harvest periods).
2.2 Membership of the NSWFA is not required in order to be eligible for the Program.
2.3 Employees (and contractors) of SafeWork NSW and NSWFA are not eligible for the Program.
2.4 NSWFA and SafeWork NSW reserve the right in its absolute discretion to accept you or your business’ involvement in the Program.
3. Eligibility for the Program – General communications
3.1 No eligibility criteria apply.
3.2 A working email address must be provided to receive communications via e-newsletter.
3.3 If you would like to receive advisory services as part of the Program, the eligibility criteria set out in clause 2 will apply.
4. Participation in the Program
4.1 Participation in the Program is voluntary.
4.2 In order to participate in the Program, you are required to:
4.2.1 act in a professional manner in your dealings with the Program, and in relation to your employees and activities;
4.2.2 make reasonable effort to actively participate in any arranged advisory services. This may include phone calls, email correspondence, events and other activities by invitation of the farm safety advisor/s;
4.2.3 alert the program manager promptly if issues relating to participation in the Program arise;
4.2.4 take no commercial advantage of any information (confidential or otherwise) you obtain from participating in the Program, or allow others to do so. No payment or exchange of products or services is to be made or received by either Party. Paid referrals or encouraging the use of consultants is not the intention of the Program; and
4.2.5 provide NSWFA with access to your premises and any other premises as is necessary for NSWFA to provide the Program, free from harm or risk to health or safety.
4.3 Participation in the Program does not prevent you from participating in any other programs offered by SafeWork NSW or NSWFA, provided you meet the terms and conditions of any other program.
4.4 You agree that all information and documentation that you provide to NSWFA in connection with these Terms are true, correct and complete. You agree that you will provide NSWFA with all information and cooperation required by NSWFA to provide the Program.
4.5 If we provide you with any content or materials, you agree that we own, or license, the content or materials and nothing in these Terms transfers the Program’s ownership or right in the content or materials, to you. You may use the content or materials, but you must not breach any of the Program or its parties’ intellectual property rights or those rights of a third party.
5. Cancellation, withdrawal or termination from Program
5.1 Where you seek to withdraw from the Program, you must notify the farm safety advisor within 3 business days by email or phone.
5.2 NSWFA and SafeWork NSW reserve the right in its absolute discretion to terminate your or your business’ involvement in the Program.
5.3 Either Party may exercise any of the rights or obligations that it had prior to termination of these Terms.
6. Compliance with Work Health and Safety Laws
6.1 Your legal responsibilities to comply with work health and safety duties still apply regardless of your participation in the Program. The purpose of the Program is to provide guidance and assistance to small farming businesses on work health and safety and workplace injury management. The content provided under the Program and the Program itself is not comprehensive and is for general information purposes only and NSWFA makes no warranties or representations in relation to this content or the Program.
6.2 The Program’s advisors are required to provide information in good faith. NSWFA does not assume any responsibility for the accuracy of any information or advice given by farm safety advisors, or for any actions taken by you (or your business, undertaking or workers) as a result of such advice.
6.3 The Program does not endorse or promote any individual safety item, product, business or service. The Program is not to be used as an avenue to solicit business or commercial gain.
6.4 The content provided under the Program and the Program itself (Content) is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances. Any information, guidance, documentation or assistance we provide to you is not advice and, to the maximum extent permitted by law, cannot be relied upon. While we use reasonable attempts to ensure the accuracy and completeness of the Content, to the extent permitted by law, we make no representation or warranty regarding the Content. The Content is subject to change without notice. We do not undertake to keep the Content up-to-date and we are not liable if any Content is inaccurate or out-of-date. It is your sole responsibility to determine the suitability, reliability and usefulness of our Content. Use of our Content is not intended to create, and does not create, a client relationship, or give rise to a duty of care, between you and us.
7. Consent to publicise material
7.1 The Program may include communication materials for promotional purposes.
7.2 By participating in the Program, you consent for NSWFA to contact you for the purpose of sharing of WHS related information, communication and/or seeking feedback about the Program. Subject to your written consent, NSWFA may use photographs, images, video or sound recordings taken of you, your employees and/or your work and workplace for the purpose of any Program communication materials.
7.3 If you wish to contact NSWFA regarding your consent to publicise material, you must do so in writing to NSWFA via email to [email protected] NSWFA will consider all consent inquiries in a timely manner.
8.1 You agree that as far as the law permits, NSWFA (and its related entities) and SafeWork NSW (and its successors) will not be liable for any claim, loss or damage (Liability) arising out of any information from the Program or any action you take.
8.2 You agree that you will not hold NSWFA (and its related entities) and SafeWork NSW (and its successors) responsible for any Liability arising out of, or in relation to the Program, if the Liability is not caused by the negligent acts or omissions of NSWFA (and its related entities) and SafeWork NSW (and its successors) or their breach of these Terms or any applicable laws.
8.3 You agree that as far as the law permits, NSWFA will not be liable for any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data.
8.4 You agree that as far as the law permits, NSWFA’s total Liability arising from or in connection with these Terms, will be limited to NSWFA providing the Program to you.
8.5 Certain legislation, including the Australian Consumer Law (ACL), and similar consumer protection laws, may confer you with rights relating to the supply of the Program which cannot be excluded (Consumer Law Rights). If the ACL applies to you as a consumer, nothing in these Terms exclude your Consumer Law Rights as a consumer under the ACL. Subject to your Consumer Law Rights, NSWFA excludes all warranties, and the Program is provided to you without warranties of any kind, either express or implied, unless expressly set out in these Terms.
8.6 This clause will survive termination or expiry of these Terms.
9.0 PRIVACY NOTICE
9.1 NSWFA collect and manage the personal information provided by you in accordance with the Privacy Act 1988 (Cth).
9.2 NSWFA will collect and use your information to determine whether you are eligible to participate in the Program, to provide the Program, including to provide advisory services and communications, to obtain feedback on the Program, to undertake research and to invite you to participate in further activities, communications and research relating to agricultural health and safety.
9.3 Provision of your personal information is voluntary. However if you do not provide information, NSWFA may not be able to provide you with access to the Program.
9.4 NSWFA may disclose your information to third party service providers for the purpose of delivering the Program (including information technology service providers, data storage, web-hosting and server providers, or as required by law.
9.7 NSWFA may publicise your involvement in the Program with your prior approval. NSWFA may also disclose your information to third parties for the purpose of marketing if NSWFA obtains your consent to do so.
10.1 NSWFA reserves the right to change any or all of the terms and conditions of the Program or to cancel the Program at any time.
10.2 Subject to your Consumer Law Rights, these Terms contain the entire understanding between the Parties.
10.2 These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales.
10.5 Any notice given under these Terms must be in writing addressed to the relevant address last notified by the recipient to the Parties. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
10.6 If a provision of these Terms is held to be void or unenforceable, that provision is to be read down to allow it to be valid or enforceable, failing which, that provision will be severed from these Terms without affecting the validity or enforceability of the other provisions in these Terms.
Consumer Law Rights has the meaning given in clause 8.5.
Liability has the meaning given in clause 8.1.
NSWFA or we means NSW Farmers’ Association (ABN 31 000 004 651).
Party means each party to these Terms and Parties means all of the parties to these Terms.
Program means the NSW Farm Safety Advisory Program.
Safework NSW means The Crown in the right of the State of NSW through the Department of Customer Service, and known as SafeWork NSW (ABN 81913830 179)
Terms means these terms and conditions.
You or Your means the Party requesting to participate in the Program.