Personal Information & Privacy

AgDraft collects personal information from a variety of sources, including from members of the public, advertisers, mailing lists, contractors and business partners.

In general, the personal information AgDraft collects includes (but is not limited to) name, address, contact details, drivers licence, passport and, where relevant, financial information, including credit card information, banking details and income information.

AgDraft stores the personal information you enter on the website. AgDraft obtains most personal information through the website registration process outline above. You may, however, provide information through a variety of different means (for example if you contact AgDraft via email, respond to a survey published on the website or third party survey used by AgDraft, or answering questions asked by staff or agents of AgDraft over the phone).

The website uses cookies which contain information by which AgDraft can identify your computer (or other devices you use to access the website) to our servers and the servers of third parties contracted by AgDraft including, but not limited to, third parties providing analytical and advertising services. You may configure your browser so that you are notified before a cookie is downloaded or so that your browser does not accept cookies. AgDraft may use information contained in cookies to make assumptions about the user of the device and to provide users of that device with focused advertising that AgDraft believes may be of interest, based on that information. You can disable cookies through your Internet browser.

AgDraft endeavours to collect personal information about an individual only from that individual. In some circumstances AgDraft may obtain personal information from a third party or check your details against records kept by other parties. If you provide personal information about another person to AgDraft, AgDraft requires that you inform that person you have done so and provide them a copy of this Personal Information & Privacy policy.

How AgDraft uses your Personal Information

AgDraft may use your personal information for the primary purpose for which it is collected and for such other secondary purposes that are related to the primary purpose of collection. AgDraft generally uses personal information to:

  1. personalise and customise your experience on the website;
  2. help AgDraft manage and enhance its services;
  3. communicate with you by email, SMS message or telephone; and
  4. provide you with ongoing information about opportunities on the website which AgDraft believes you may be interested by email, SMS message or telephone.

Disclosure of Personal Information

AgDraft may use and disclose information relating to a user’s racial or ethnic origin, membership of political bodies, religion, membership of a trade union or trade association, sexual preferences, criminal record and health only for the purpose for which it was provided or a directly related secondary purpose or as allowed by law unless the user has agreed otherwise.

Management & Security of Personal Information

AgDraft protects the personal information AgDraft holds from misuse, loss, unauthorised access, modification or disclosure by various means including firewalls, password access, secure servers and data encryption.

AgDraft may retain any personal information you provide during your use of the website, including, but not limited to, copies of identification documents, for a minimum period of 12 months after your last interaction with the website. After 12 months AgDraft will delete, or anonymise, on your request, specific personal information from our servers, files, and databases, unless AgDraft are required by law to retain that information.

Updating Personal Information

AgDraft endeavours to ensure the personal information it holds is accurate, complete and up-to-date. You can update your personal information by sending an email to support@agdraft.com.au

Accessing Personal Information

You have the right to seek access to the personal information AgDraft holds about you and to advise AgDraft of any inaccuracy. There are some exceptions to this right set out in the Privacy Act.

If you make an access request, AgDraft will ask you to verify your identity and specify what information you require. AgDraft may charge you a fee to cover the costs of meeting your request.

Licence to Use Your Information

Solely to enable AgDraft to use the information you supply us with, so that we are not violating any rights you have in that information, you agree to grant us a non-exclusive, worldwide, irrevocable, perpetual, fee-free right to exercise the copyright and other intellectual property rights you have in that information in any format (including, but not limited to, any text, photographs, graphics, video or audio). You agree that AgDraft can use that content in any way, now and in the future. AgDraft also reserves the right not to use the content that you submit. You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law within New South Wales or Australia. You indemnify AgDraft against any and all legal fees, damages and other expenses that may be incurred by AgDraft as a result of a breach of this warranty. AgDraft will only use your information in accordance with our Personal Information & Privacy Policy.

Feedback Ratings & Comments

AgDraft allows users of the website to rate and comment on the performance of AgDraft workers whose business services they have either contracted, or have experienced in the course of evaluating the worker’s suitability for a job.

AgDraft reserves the right to publish or not to publish those ratings and comments (feedback) on the website at its absolute discretion.

AgDraft reserves the right to delete or modify feedback submitted on the website at any time for any reason.

AgDraft will delete or modify if it is clear that, in the opinion of AgDraft, the feedback is factually incorrect or does not relate to the provision of business services by the workers to the user who submitted feedback.

AgDraft reserves the right to aggregate each workers feedback into a percentage score and publish that score on the website.

In Australia and other countries, feedback may be considered defamatory of the reputation and standing of individuals and businesses. You acknowledge and agree that AgDraft accepts no responsibility for liability, damage, injury or loss that may arise from feedback submitted to or published on the website, and you, by these Terms and Conditions, release forever and indemnify AgDraft from any liability it may incur arising out of (whether directly or indirectly) any feedback you post on the AgDraft website.

Further you agree that, if you or anyone else commences or threatens any action or proceeding against AgDraft or makes any claim or demand against AgDraft as a result of any feedback you submit to the website, AgDraft may, in it’s absolute discretion, without any notice to you immediately cancel or suspend your membership of the website.

Breaching Our Terms and Conditions

Without limiting other remedies available to AgDraft at law, in equity or under this Terms and Conditions, we may, in our sole discretion, immediately issue a warning, temporarily suspend or terminate your membership and refuse to provide services to you if:

  1. you breach these Terms and Conditions or Personal Information & Privacy policy;
  2. we are unable to verify or authenticate any information you provide to us; or
  3. we believe your actions may cause legal liability to you, AgDraft users or AgDraft.

Termination of User’s Account with AgDraft

AgDraft may at its discretion terminate your use or, or access to, the website at any time. If this happens we may notify you by email. If your use of the website is terminated:

  1. you are no longer authorised to access the website or use any other AgDraft services with the email address you used to register with the site or any other email address you possess;
  2. you will continue to be subject to and bound by all restrictions imposed on you by the Terms and Conditions; and
  3. all licences granted by you and all disclaimers by AgDraft and limitations of AgDraft’s liability set out in the Terms and Conditions or elsewhere on the website will survive.

Customer Support & Complaints Policy

AgDraft make a considerable investment in staff and technology to help answer customer support questions and respond to complaints. Our staff will endeavour to process questions or complaints from registered users of the website according to the following policy:

  1. AgDraft will attempt to resolve any customer complaints and answer any questions within 2 business day of the first contact made by a customer by email to support@agdraft.com.au
  2. All complaints and enquiries are logged and managed by the AgDraft Customer Relationship Management software.
  3. Technical complaints or product development suggestions will be considered for future software upgrades. Your suggestions may not result in changes to the software or AgDraft business practices.
  4. All other complaints are reviewed by AgDraft customer support representatives and may be escalated to a manager for resolution if required.
  5. AgDraft reserves the right not to respond to customer support questions or complaints that offend AgDraft employees or agents.
  6. AgDraft reserves the right not to respond to questions or complaints made by individuals who, in the opinion of AgDraft, are not current users of the website, or have been suspended from using the website.

Dispute Resolution Policy

AgDraft will use reasonable endeavours to mediate any dispute concerning the use by parties of the website.

Disputes in relation to the actual services carried out by a business or any other issue will be referred, where appropriate, to external dispute resolution services or authorities.

Suspension and Termination of Business User Accounts

Workers of the website may have their access to the website and AgDraft services suspended for any length of time for any breach of the Terms and Conditions, as well as, but not limited to, any of the following reasons:

  1. providing false or inaccurate information during business registration or when quoting on the website;
  2. providing false or inaccurate information to AgDraft employees or agents;
  3. receiving in aggregate more than 2 negative feedback ratings or complaints from other website users in relation to services contracted by the users who initiate the negative feedback or complaint (2 strikes and you’re out policy);
  4. acting as an agent of another business or individual who is not a current paying business member of the website without the written approval of AgDraft; and,
  5. submitting quotes via any means to any other person or entity for work that the business user is not qualified, or licenced to perform.

Refunds Policy

Paying businesses can access the quoting and messaging facilities on the website. Paying businesses agree that membership is non-refundable at the time that payment is made.

If you are dissatisfied with the website or AgDraft services you are free to discontinue using the website, and as such membership fees or other payments you have made to AgDraft are not subject to refunds.

In the case of an event not specifically covered in the Refund Policy, refunds will be given at the discretion of AgDraft.

Refunds paid in accordance with this Refund policy will be paid within 60 business days via the same method the payment to be refunded was made to AgDraft in the first instance.

Workers who claim a refund from their credit card provider or bank without contacting our Customer Support team first (unauthorised refund) will have their paid membership immediately suspended. AgDraft may issue an invoice to recover up to the full value of any unauthorised refund to the relevant business user. AgDraft may contract a debt collection agency or use other legal means to recover unauthorised refunds. AgDraft may charge you interest plus any costs we incur as a result of collecting your payment.

Certification

Paying businesses can pay to complete a training course and examination set by AgDraft and become a certified business.

If a business user pays for certification services and completes any examinations to a standard set by AgDraft in its sole, AgDraft will differentiate that paying business from other paying businesses for the length of time that they choose to remain “Certified”.

AgDraft may use any appropriate icons, images or text on the business profile and in quotes submitted by a certified business to differentiate them from a business user who has not been certified. AgDraft may modify the icons, images or text used to differentiate certified businesses on the website at any time.

If a business user pays for certification but does not complete the certification examinations to the standard of achievement set by AgDraft, they are not entitled to receive a refund for the certification payment in any month.

A business who pays for certification can make an unlimited number of attempts to complete the certification examinations up until the time they reach the standard of achievement set by AgDraft.

Updates to the Website

AgDraft may from time to time and at any time change or discontinue any feature of the website including content, hours or availability and equipment required for access.

Arbitration

Any controversy or claim arising out of or in connection with these Terms and Conditions may at our discretion be settled by binding arbitration through a commercial dispute resolution centre selected by us. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator of the dispute.

Promotions & Competitions

If AgDraft run promotions or competitions involving the awarding of prizes or other gifts, AgDraft may modify the Terms and Conditions and implement additional terms and conditions, which will be communicated to you by posting them on the website at the time of such promotions and competitions.

Third Party Links & Advertising

AgDraft may display advertisements, which may or may not contain hyperlinks or buttons which take you to websites operated by third parties. AgDraft does not endorse or recommend its advertisers, their products or services, or the information, products or services of any website linked to the website.

If you contact a third party through the website, including via email, AgDraft accepts no responsibility for any actions taken by that third party in connection with you as the user.

Copyright 2016 AgDraft All Rights Reserved.