The terms that govern your use of AgCert.
(a) These Terms of Use (Terms) govern access to and use of AgCert, including the AgCert website, web application and mobile applications (AgCert), operated by Bluegrass Pastoral Pty Ltd ACN 699 118 226 (Bluegrass, we, us, our).
(b) AgCert is provided to businesses. In these Terms, you and your mean the business that holds the AgCert account. The individual who creates the account, or who accepts these Terms, does so on behalf of that business.
(c) By creating an account, starting Introductory Access, subscribing to or using AgCert, you confirm that you have read and agree to these Terms. If you do not agree, do not use AgCert.
(d) These Terms also apply to your use of the public pages and features of AgCert that do not require an account, including the clauses on acceptable use, product data, disclaimers, intellectual property and liability.
(e) These Terms should be read together with our Privacy Policy, which explains how we handle your information.
(a) AgCert is a record-keeping and information tool built to assist agricultural businesses with their own compliance. It provides:
(i) farm record keeping across record modules including livestock treatments, spray records, pasture and cultivation, grain and fodder, feeding, dispatch preparation, movements in and out and a visitor register;
(ii) livestock treatment withholding period and export slaughter interval lookup and tracking, with dashboard alerts showing the records still within a withholding period;
(iii) a withholding period calculator;
(iv) AI-assisted product label scanning (batch number and expiry or manufacture date extraction);
(v) PDF and Excel workbook record reports; and
(vi) multi-property and paddock management.
(b) AgCert is not compliance software. It does not certify, accredit, audit or guarantee your compliance with any law, program or standard, including the Livestock Production Assurance (LPA) program, and no output of AgCert is a compliance outcome.
(c) We are not affiliated with, and AgCert is not endorsed or approved by, the Australian Pesticides and Veterinary Medicines Authority (APVMA), Meat & Livestock Australia (MLA), Integrity Systems Company, the LPA program or any other regulator or program administrator.
(d) AgCert does not provide agronomic, veterinary, chemical, legal or other professional advice.
(e) You remain responsible for your own compliance. In particular, you must:
(i) hold all licences, accreditations and permits required to purchase and apply agricultural chemicals;
(ii) read and comply with the current registered label for every product you use;
(iii) verify every withholding period, export slaughter interval and other value shown in AgCert against the current registered label before you rely on it;
(iv) confirm actual conditions on-farm immediately before any spray or treatment; and
(v) comply with all laws and program requirements that apply to your operation.
(f) Always read the label. If in doubt, do not spray, treat, sell or process.
(a) AgCert is offered in Australia, to users located in Australia. AgCert draws on Australian regulator sources and Australian program requirements only, and we make no representation that AgCert or its data is appropriate or available for use in any other country.
(b) If where we offer AgCert changes, we will update this clause 3. A change to this clause is a change to these Terms, and clause 14 applies to it.
(a) AgCert is for business use only. It is not offered for personal, domestic or household use.
(b) The individual who creates an account must be at least 18 years of age, able to form a binding contract, and authorised to accept these Terms on behalf of the business.
(c) The information you provide when you register must be accurate, current and complete, and you must keep it up to date.
(d) Your account may be used by the operators and employees of your business whom you permit to use it. You must not allow anyone else to use your account. You are responsible for keeping your login credentials confidential and for all activity under your account, including activity by the operators and employees you permit to use it. You must notify us promptly at help@agcert.com.au if you suspect unauthorised access.
(e) A new business account may include a limited introductory period with full access (Introductory Access). When Introductory Access ends, clause 5(g) applies. Each person and each business may have Introductory Access only once. We may refuse or end Introductory Access, or decline to open an account, where we reasonably believe it is being used to obtain Introductory Access more than once. We may change or withdraw Introductory Access for new accounts at any time.
(a) AgCert is licensed to businesses by paid subscription (Subscription). Subscriptions are arranged directly between the business and Bluegrass, and are not sold through the Apple App Store or Google Play. Subscription prices are in Australian dollars, are shown exclusive of GST, and are charged in Australian dollars wherever you are located. GST is added at checkout and shown on your tax invoice. If your Subscription started before GST was added at checkout, the price you pay includes GST until we give you notice of a price change under clause 5(e). Your card issuer may apply a currency conversion or international transaction fee, which is not charged by us.
(b) Subscriptions are billed in advance on a recurring monthly or annual basis. Payments are processed by Stripe. Your card details go directly to Stripe and are not seen or stored by us. We will email you a tax invoice for each payment.
(c) Your Subscription renews automatically at the end of each billing period unless you cancel first. We will email you a reminder before an annual Subscription renews.
(d) The account holder may cancel the Subscription at any time. Cancellation takes effect at the end of the current billing period, and you keep access until then. We do not refund the unused part of a billing period, except as required by law or as set out in clauses 13(c) and 14(c).
(e) We may change Subscription prices. We will give you at least 30 days' notice of a price change, and the change will only apply to you from your first renewal after the notice period ends. If you do not want to continue at the new price, you can cancel before that renewal.
(f) If a renewal payment fails, we will notify you and retry it. If payment is not made within a reasonable time, your Subscription ends and clause 5(g) applies.
(g) When a Subscription or Introductory Access ends, you keep ongoing access to view and export the records and reports you have already created. Other features may no longer be available.
(h) Nothing in this clause 5 affects your rights under the Australian Consumer Law, including any right to a refund (see clause 12).
(a) We grant you a limited, non-exclusive, non-transferable licence to use AgCert solely for the internal agricultural record-keeping, planning and information purposes of your business, for as long as these Terms apply to you.
(b) You must not:
(i) use AgCert for any unlawful purpose, including unlawful chemical application or circumventing agricultural or chemical use regulation;
(ii) attempt to gain unauthorised access to any part of AgCert, its servers or another user's data;
(iii) interfere with or disrupt AgCert, or upload malicious code or other harmful content;
(iv) scrape, harvest or systematically extract data from AgCert or its product database;
(v) reproduce, distribute, sell or otherwise commercially exploit AgCert or its product database, or create derivative works from either, except as these Terms allow;
(vi) reverse engineer, decompile or disassemble AgCert, except to the extent a law permits this despite this clause;
(vii) impersonate any person or misrepresent your affiliation with any person;
(viii) share your account credentials with, or allow your account to be used by, anyone other than the operators and employees of your business; or
(ix) use AgCert in a way that could damage, disable or impair our servers or networks.
(a) The farm records, custom product entries, operator names and other content you enter into AgCert (Your Records) remain the property of your business. We do not claim any ownership of Your Records.
(b) You grant us a limited licence to host, store, process, back up and display Your Records solely to provide and support AgCert for you, and as otherwise described in the Privacy Policy or required by law.
(c) We will not use Your Records for any other commercial purpose, and we will not share them with third parties except as needed to provide AgCert (for example, our hosting providers) or as required by law.
(d) You are responsible for the accuracy and completeness of Your Records. AgCert's outputs are only as good as the records and settings you enter.
(e) Some records include details of people other than you, such as your operators and employees, visitors to your property and their vehicle registration, and the vendors, buyers and transport operators on stock movements. You must only enter another person's details where you are entitled to do so, and you are responsible for letting those people know that their details are held in Your Records, consistent with the Privacy Policy. The operator on each record is stored as entered at the time of the work; renaming or deactivating an operator does not change records already saved.
(f) You can export Your Records from AgCert at any time while your account is open, with or without an active Subscription. Once you download or share a report or export, it is outside AgCert and in your control, and we are not responsible for how it is then used or who receives it.
(g) On account closure or termination, Your Records and your personal information are deleted in accordance with the Privacy Policy. Export anything you need before you close your account.
(a) AgCert includes product and regulatory data drawn from published regulator sources, values we derive, placeholder entries and values you enter.
(b) Veterinary product withholding periods and export slaughter intervals are drawn from the APVMA's published export slaughter interval lists, November 2024 edition.
(c) Product identity data and registered label text are drawn from the APVMA's published PUBCRIS dataset, and herbicide grazing withholding period values are read from that label text, with records marked as unverified or do not graze where the label supports no value (see clause 9(d)). The catalogue also includes seed and fertiliser reference lists compiled by us, which are identity-only and carry no withholding information, and custom products and values you enter.
(d) Regulator-sourced data is reproduced from the published editions recorded in AgCert. Where a regulator's published terms require an acknowledgement or attribution, that acknowledgement appears with the data in AgCert and in reports and exports, and you must not remove or alter it. We may update, correct or remove product data at any time as sources change or errors are found.
(e) Some values in AgCert are our own estimates rather than regulator-sourced or label-sourced values. Clause 9 explains what an estimated value is and how it is marked.
(f) Weather information is supplied by third-party weather data providers. Current Australian conditions are supplied by WillyWeather, incorporating Bureau of Meteorology data. Historical weather data is supplied by Open-Meteo. Provider attributions appear in AgCert and in reports and exports, and you must not remove or alter them. Weather data is licensed to us for display in AgCert, and you must not extract, collect or on-supply it other than as part of Your Records. We may change weather providers, and weather features may be modified, suspended or withdrawn if a provider's terms or availability change. We do not promise that weather information will remain available.
(g) Third-party product names appear in AgCert in plain text to identify products only. They are the property of their owners, and their appearance does not imply any affiliation with or endorsement by those owners.
(a) All withholding periods, export slaughter intervals, clearance dates, product details, weather information, Delta T values and AI-scanned values shown in AgCert are provided as a guide only, to assist your own record keeping and planning. They are not advice, and they are not a compliance outcome.
(b) The current registered product label is the authoritative source for every withholding period, export slaughter interval and use direction. You must verify every value shown in AgCert against the current registered label before you rely on it. If a value in AgCert differs from the current label, the label governs.
(c) Not every value in AgCert is taken from the registered label of the specific product. A value marked as estimated (Estimated Value) has been derived by us, for example from the product's active ingredient, rather than read from a withholding period stated on the registered label of that product. An Estimated Value is a starting point for your own verification against the label, not a substitute for it. Some product records hold no value at all where a value could not be sourced.
(d) Each product record shows the source of its value, and a provenance marker follows the value wherever it appears, including in reports and exports. A value marked as APVMA verified, or shown with no marker, was read from the registered label or the regulator's published list. A value marked as estimated is an Estimated Value, and the marking directs you to verify it against the current registered label. A record marked as unverified holds no value, because the label carries no usable withholding statement, and you must obtain the value from the current registered label. A record marked as do not graze reflects a label that prohibits grazing of treated areas. A value marked as user-entered was entered or overridden by you, or forms part of a custom product you created. You are responsible for user-entered values (see clause 7), and we are not responsible for their accuracy.
(e) Product data is point-in-time. Each product record carries a source date, and values may have changed since that date. Veterinary withholding periods and export slaughter intervals in AgCert are drawn from source lists published in November 2024 and are correct as at that edition. This is a further reason the current registered label governs.
(f) The regulators whose published data AgCert draws on publish that data on a non-reliance basis and direct users back to the current registered label. AgCert cannot be more authoritative than its sources.
(g) Reports and exports generated by AgCert assist you to prepare for an audit or review. A generated report is not an audit outcome, and generating a report does not mean the records or values in it are accurate, complete or compliant.
(h) Weather information and Delta T values are based on forecast and observation data. You must confirm actual conditions on-farm immediately before any spray or treatment.
(i) Results produced by the AI label scanner are indicative and can be wrong. You must check every scanned value against the physical label before saving or relying on it.
(a) All intellectual property in AgCert, including the software and code, design, branding, product names, data compilations and documentation, is owned by Bluegrass. This includes the trade mark "Developed by Farmers for Farmers".
(b) These Terms do not transfer any of our intellectual property to you. Your right to use AgCert is the licence in clause 6(a).
(c) You must not use our branding, trade marks, product names or product database for any commercial purpose without our prior written consent.
(d) Your Records remain the property of your business, as set out in clause 7.
(a) AgCert is delivered using third-party services, including Supabase (database and authentication), Vercel (application hosting), Stripe (payment processing), Anthropic (AI label reading), WillyWeather and Open-Meteo (weather data), Resend and VentraIP (email delivery), Google and Apple (sign-in) and Formspree (website contact forms).
(b) Third-party services are subject to their providers' own terms, and their handling of your information is described in the Privacy Policy.
(c) We are not responsible for the availability, acts or omissions of third-party providers. This does not exclude or limit our own obligations to you under these Terms or the Australian Consumer Law.
(a) Our services come with guarantees that cannot be excluded under the Australian Consumer Law, including that services will be provided with due care and skill, will be reasonably fit for any purpose you make known to us, and will be supplied within a reasonable time. Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded, restricted or modified by agreement, and the rest of this clause 12 applies subject to this clause 12(a). If you are outside Australia, this clause 12(a) applies in the same way to any right or remedy you have under a consumer protection law of your own country that cannot be excluded, restricted or modified by agreement.
(b) Subject to clause 12(a), AgCert is provided on an "as is" and "as available" basis, and we do not warrant that:
(i) AgCert will be uninterrupted, error-free or free of harmful components;
(ii) product data, withholding periods, export slaughter intervals, clearance dates, weather information, Delta T values or AI-scanned values are accurate, complete or current; or
(iii) use of AgCert will result in compliance with any law, program or standard.
(c) Where our liability for failure to comply with a consumer guarantee can be limited under section 64A of the Australian Consumer Law, our liability is limited, at our option, to resupplying the services or paying the cost of having the services resupplied.
(d) Subject to clauses 12(a) and 12(c), we are not liable for:
(i) loss arising from reliance on a value, forecast or scan result contrary to clause 9, including where a value was not verified against the current registered label;
(ii) spray drift, off-target damage, livestock or produce contamination, failed residue tests, condemned produce or failed withholding periods arising from your operations;
(iii) any regulatory penalty, fine or sanction imposed on you;
(iv) loss of Your Records after account closure where you did not export them first, or loss caused by events outside our reasonable control; or
(v) indirect or consequential loss, including loss of profits, revenue or business opportunity.
(e) Subject to clauses 12(a) and 12(c), our total liability arising out of or in connection with AgCert is limited to the greater of the amounts you paid us for AgCert in the 12 months before the event giving rise to the liability, and 100 Australian dollars.
(f) Nothing in these Terms excludes or limits any liability that cannot be excluded or limited by law, including liability for fraud.
(g) You remain responsible for the matters in clause 2(e), and our liability to you is reduced to the extent that your acts or omissions caused or contributed to the loss.
(a) You may stop using AgCert and close your account at any time, from the Account screen in the app (Delete Account) or by emailing help@agcert.com.au.
(b) We may suspend or terminate your access to AgCert if:
(i) you materially breach these Terms and, where the breach can be remedied, you do not remedy it within 14 days after we notify you;
(ii) your use presents a security risk to AgCert or its users, or involves unlawful activity, in which case we may suspend your access immediately while we investigate; or
(iii) we discontinue AgCert, in which case we will give you at least 30 days' notice.
(c) If we terminate under clause 13(b)(iii), we will refund the unused part of any Subscription period you have paid for.
(d) Before your access ends, we will give you a reasonable opportunity to export Your Records, unless your access was terminated for unlawful activity or a serious security risk.
(e) On termination, your licence under clause 6(a) ends and Your Records are handled under clause 7(g). Clauses that by their nature should survive, including clauses 7, 9, 10, 12 and this clause 13, continue after termination.
(a) We may update these Terms from time to time. The current version, with its last updated date, will always be published in AgCert.
(b) Changes that are minor, or that benefit you, apply from when they are published.
(c) For a material change that could adversely affect you, we will give you at least 30 days' notice through the app or by email before the change takes effect. If you do not accept the change, you may cancel your Subscription before the change takes effect, and we will refund the unused part of any period you have paid for.
(d) Using AgCert after a change takes effect constitutes your acceptance of the updated Terms.
(e) We may change, add or remove AgCert features over time. If a change materially reduces the features of your Subscription, clause 14(c) applies to it.
(a) These Terms are governed by the laws of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia. This clause applies wherever you are located, and does not displace any right or remedy available to you under a law of your own country that cannot be excluded, restricted or modified by agreement.
(b) If a dispute arises, please contact us first at help@agcert.com.au, and we will work with you in good faith to resolve it within 30 days. This clause does not prevent either party from seeking urgent relief from a court, and it does not limit your right to complain to a consumer protection agency at any time.
(c) These Terms, together with the Privacy Policy, are the entire agreement between you and us about AgCert and supersede prior agreements and understandings about it, including any separate disclaimer or information page. Nothing in this clause 15(c) excludes any liability, or limits any right or remedy, that cannot be excluded or limited at law.
(d) You must not transfer your account or your rights under these Terms to another person without our prior written consent. We may assign these Terms to a related company or to a buyer of the business, provided your rights under these Terms are not reduced, and we will notify you of any assignment.
(e) If the whole or any part of these Terms is void, unenforceable or illegal, it will be severed, and the remainder of these Terms will continue in full.
(f) We will send notices to the email address on your account. You can send notices to us at help@agcert.com.au. A notice sent by email is effective when sent, unless the sender receives a delivery failure.
(g) If we do not enforce a provision of these Terms, that is not a waiver of it.
(a) This clause 16 applies if you download the AgCert mobile application from the Apple App Store. Apple's standard Licensed Application End User License Agreement governs your licence of the mobile application itself. These Terms govern your account, your Subscription and your use of AgCert.
(b) These Terms are between you and us only, and not with Apple. We, not Apple, are solely responsible for AgCert and its content.
(c) Apple has no obligation to provide any maintenance or support services for AgCert.
(d) If the mobile application fails to conform to any warranty that applies to it, you may notify Apple, and Apple will refund any purchase price you paid to Apple for that application. To the maximum extent permitted by law, Apple has no other warranty obligation for AgCert.
(e) We, not Apple, are responsible for addressing any claim by you or a third party relating to AgCert or your possession or use of it, including product liability claims, claims that AgCert fails to conform to a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
(f) If a third party claims that AgCert, or your possession or use of it, infringes their intellectual property rights, we, not Apple, are responsible for the investigation, defence, settlement and discharge of that claim.
(g) You represent and warrant that you are not located in a country that is subject to a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country, and that you are not listed on any United States Government list of prohibited or restricted parties.
(h) You must comply with any third-party terms that apply to your use of AgCert, such as the terms of your mobile data service agreement.
(i) Apple and its subsidiaries are third-party beneficiaries of these Terms. When you accept these Terms, Apple will have the right, and will be taken to have accepted the right, to enforce them against you as a third-party beneficiary.
(j) Our name, address and contact details for any questions, complaints or claims about AgCert are set out under Contact below.
(a) In these Terms:
(b) In these Terms, unless expressly stated:
(i) a word importing the singular includes the plural and vice versa;
(ii) a word importing a gender includes other genders;
(iii) a law is a reference to that law as amended, consolidated or replaced;
(iv) a party to these Terms includes its agents, personal representatives, successors and permitted assigns;
(v) a person includes a natural person, partnership, joint venture, corporation, trust, governmental agency, association or other body corporate;
(vi) a time is a reference to the time in Victoria, Australia; and
(vii) the words "such as" or "including" are not used as words of limitation.
Bluegrass Pastoral Pty Ltd
Support and notices: help@agcert.com.au
Postal address: PO Box 772, Cowes VIC 3922