Terms and Conditions

Grazing BMP Platform and Website Terms and Conditions

1 Application and scope

  • 1.1 Grazing BMP was developed through an alliance of AgForce, Queensland Department of Agriculture and Fisheries and Fitzroy Basin Association Inc. (Alliance) The Alliance has authorised AgForce Queensland Farmers Limited (ABN 57 611 736 700) (AgForce) to manage the Platform on behalf of the BMP Alliance
  • 1.2 These terms and conditions set out the terms on which AgForce provides the Grazing Best Management Practice (BMP) platform (Platform), and the website through which it is accessed bmpgrazing.com.au/ (or such other address as AgForce determines from time to time) (Website).
  • 1.3 The Platform:
    • (a) is designed to capture industry-wide information regarding grazing practices;
    • (b) enables graziers to submit information about their own practices and receive reports and feedback about best management practice standards;
    • (c) enable non-graziers to access anonymised and aggregated reports regarding grazing practices generally, that do not identify any particular person or property (Non-Identifying Reports); and
    • (d) enable non-graziers to access reports that identify particular persons and properties, but only where those persons have expressly agreed to be so identified and included in those reports (Identifying Reports).
  • 1.4 Users (User) must accept these terms in order to use the Platform and the Website. Users will be prompted to accept the terms as part of their use of the Platform and Website, but in any event are deemed to have accepted  and agreed to these terms if they use or access the Platform, Website or
  • 1.5 AgForce may change these terms from time to time by providing a reasonable period of written notice on the Website, via email or other electronic means. If a User does not agree to the changes, then it must cease using the Platform and the

2 Term

  • 2.1 As between each User and AgForce, these terms commence when the User’s registration to use the Platform and Website is accepted by AgForce, and continues until the User stops using the Website and Platform or until these terms are otherwise terminated in accordance with their terms (Term).
  • 2.2 AgForce is not required to accept any particular User’s registration.
  • 2.3 The User may stop using the Platform and the Website at any time.
  • 2.4 AgForce may delete dormant User accounts from time to time. Users may re-register for use of the Platform and Website.

3 General obligations

  • 3.1 Each User must:
    • (a) follow AgForce’s reasonable directions in connection with the use of the Platform and Website;
    • (b) use the Platform and Website in accordance with all applicable laws, including all Privacy Laws; and
    • (c) only use the Platform and the Website, and ensure that its Authorised Users only use the Website and the Platform, in accordance with the permissions and access rights associated with their particular user type; and otherwise in accordance with this
  • 3.2 Each Administrator/Coordinator User (Administrator/Coordinator User) may exercise the additional permissions and access rights, and must also comply with the Internal Usage Rules, applicable to their user type. Facilitator/Coordinator Users may be prompted to accept additional terms as a condition of being able to access certain aspects of the Platform or


  • 3.3 The User is solely responsible for procuring and maintaining compatible internet accesses and connections so that the User and its Authorised Users are able to access and use the Platform and Website in accordance with this

4 Access to and use of the Platform, Website and Reports


  • 4.1 The Platform is made available through the


  • 4.2 Subject to the User complying with the terms of this agreement, AgForce grants the User a non-exclusive, non- transferable right and licence for the Term to:
    • (b) access and use the Platform through the Website for its intended functions in accordance with the applicable Usage Restrictions;
    • (c) download the Non-Identifying Reports and Identifying Reports, subject to the relevant Usage Restrictions; and
    • allow the User’s Authorised Users to access and use the Platform,

for the User’s internal business purposes only.

  • 4.3 Users are granted access to the Platform, Website and Reports in accordance with the user types (User Types) set out in the Usage Restrictions in the table in Exhibit
  • 4.4 Users may be assigned multiple User
  • 4.5 The User may download the Reports in accordance with the Usage Restrictions during the Term and is entitled to retain those Reports after the Term, but must only use them for its internal business purposes. For the avoidance of doubt, the User is not precluded from disclosing the Reports to external business managers and advisers for internal business purposes.
  • 4.6 Non-grazier Users must not reproduce any part or all of the Reports at all without reproducing the copyright ownership statement or otherwise acknowledging AgForce’s ownership in the Reports in a way approved by
  • 4.7 The Reports are intended as an industry guide only. The Reports expressly cannot be used for regulatory purposes or in investigations or prosecutions, as AgForce has not required Users to prove or confirm the accuracy or truthfulness of their submissions to the

5 User Credentials

  • 5.1 Each User (and each of their Authorised Users) is entitled to have a single login and password (which may change from time to time) to access and use the Platform (User Credentials).
  • 5.2 The User must:
    • (a) not allow any set of User Credentials to be used by more than one individual Authorised User;
    • (b) ensure that all User Credentials are kept secure and confidential, and take all steps necessary to ensure that User Credentials are not disclosed, provided or made available to, or otherwise accessed by, any person who is not an Authorised User;
    • (c) if an Authorised User ceases to be an Authorised User (including where they cease to work for the User), ensure that the relevant User Credentials are blocked, disabled or changed as soon as practicable; and
    • (d) notify AgForce immediately after becoming aware that any User Credentials have been disclosed, provided or made available to, or otherwise accessed  by,  any person who is not an Authorised

6 Restrictions

  • 6.1 The User must not, and must ensure that its Authorised Users and Personnel do not:
    • (a) avoid or disable the usage restrictions and permissions applicable to their User type (including as set out in the Internal Usage Rules);
    • (b) resupply, resell, sublicense or otherwise allow any other person to access or use the Platform or Website;
    • (c) decompile, disassemble, reverse compile or otherwise reverse engineer all or any portion of the Platform or Website, including any source code, object code, algorithms, methods or techniques used or embodied therein;
    • (d) use the Platform or Website:
      • (i) to engage in any fraudulent or unlawful behaviour, or to defame, menace or harass any third party;
      • (ii) to gain unauthorised access to or interfere with any online resources or systems of any third party, including by any form of hacking;
      • (iii) to distribute unsolicited emails to third parties, including bulk unsolicited emails;
      • (iv)in any manner that is likely to result in AgForce’s systems, or that of any other person, being affected by any virus, worm, Trojan or similar computer program;
      • (v) in a way that infringes the Intellectual Property Rights or any other rights of any person;
      • (vi) in a way that disrupts, misuses or excessively uses the hardware, bandwidth access, storage space or other resources of AgForce or its third party service providers or other Users;
      • (vii) use any data mine, scrape, crawl, email harvest or any other process that sends automated queries;
      • (viii) for the purposes of accessing, storing, distributing, providing (including to AgForce) or otherwise transmitting any information, data, Material or content that:
        • (A) infringes the Intellectual Property Rights of any third party;
        • (B) is unlawful, misleading, harmful, threatening,  defamatory,  obscene, infringing, harassing or racially or ethnically offensive;
        • (C) promotes unlawful violence;
        • (D) depicts sexually explicit images; or
        • (E) is discriminatory or promotes discrimination based on race, gender, colour, religious belief, sexual orientation or disability; or
      • (ix) in any other manner that is otherwise unacceptable to AgForce (acting reasonably).

7. Acknowledgements

  • 7.1 The User acknowledges and agrees that:
    • (a) to the extent permitted by applicable law and subject to clause 4:
      • (i) AgForce makes no representation or warranty that the Platform, Website or Reports will be free from defects, errors or faults, or that they are fit for any particular purpose;
      • (ii) the Platform and Website may not be available from time to time, and AgForce makes no representation or warranty in relation to the availability of the Platform or Website; and
    • (b) AgForce takes steps to verify User business However, AgForce relies on third parties to submit the data that is displayed in the Platform and used to prepare the Reports, and AgForce is not able to independently verify or guarantee the accuracy or completeness of that information, nor of the resulting conclusions and content of the Reports;
    • (c) the User is responsible for any data, information or other Material or content that the User or its Authorised Users:
      • (i) provide to AgForce through the Platform; or
      • (ii) upload or input into or through the Platform; and
    • (d) the Platform may not be fully compatible with the mobile device or operating system of the User or its Authorised

8 Intellectual Property Rights and use of User data and identity

AgForce IP

  • 8.1 AgForce,on behalf of the BMP Alliance or their licensors, as applicable, own all Intellectual Property Rights (BMP IP) in the BMP Materials (BMP Materials) All modifications and enhancements to the BMP Materials are also to be treated as BMP Materials. If the User modifies or enhances any BMP Material or causes any BMP Material to be modified or enhanced in any way (even though to do so would constitute a breach of these terms), the User assigns to BMP all Intellectual Property Rights in those modifications or enhancements immediately from

User Data and identification in Reports

  • 8.2 Subject to clause 8.1, the User retains all Intellectual Property Rights in its User Materials and any modification or enhancement to the User Materials (User IP).
  • 8.3 The User grants AgForce a non-exclusive, perpetual, irrevocable, sub-licensable licence to use, reproduce, modify, disclose, publish and transmit to third parties the User Materials for the purpose of operating the Platform and the Website, for preparing and publishing the Reports, for the betterment and development of broadacre producers and industries, and for related internal administrative and business
  • 8.4 The User Materials will not be published in the Identifying Reports in a non-aggregated way unless the User has executed an Identifying Publication
  • 8.5 The User acknowledges and agrees that if it executes an Identifying Publication Consent, the User Material that it provides will be included in the Identifying Reports and that third parties will be able to see the User’s identity, property and business information, and be able to ascertain the agricultural practices that the User

9 Confidentiality and Privacy


  • 9.1 The User acknowledges and agrees that the User Materials will be published in the Platform, the Website and the Reports, but will not identify the User unless the User has signed an Identifying Publication
  • 9.2 Subject to 9.1, each party must:
    • (a) keep the other party’s Confidential Information secret and confidential;
    • (b) only access, use, disclose or reproduce the other party’s Confidential Information for the purpose of this agreement or otherwise as permitted under any other provision of this agreement; and
    • (c) take all steps reasonably necessary to safeguard the other party’s Confidential Information from unauthorised access, use or
  • 9.3 A party must not disclose the other party’s Confidential Information to any person except:
    • (a) as permitted or authorised by any other provision of this agreement;
    • (b) to its Personnel on a “need to know” basis provided those persons are bound by confidentiality obligations similar to those set out in this agreement;
    • (c) with the other party’s written consent; or
    • (d) if required by


  • 9.4 The User must:
    • (a) obtain all required consents, and make all required disclosures and notifications, to ensure that:
      • (i) the User has the right to provide and disclose to AgForce all Personal Information that forms part of the User Data; and
      • (ii) AgForce has the right to use and disclose all such Personal Information for the purpose of providing, and as required to provide, the Platform, the Website and the
  • 9.5 AgForce will implement reasonable physical and logical security arrangements to protect the confidentiality of User Data. AgForce’s privacy policy, to the extent it applies, is available at https://agforceqld.org.au/index.php?tgtPage=privacy

10 Changes to the Platform

  • 10.1 The User acknowledges and agrees that:
    • (a) AgForce may change or refine any feature or functionality of the Platform, Website or Reports, or substitute an alternative for any part of them; and
    • (b) all inclusions and functionality of the Platform, Website and Reports are otherwise determined by AgForce from time to

11 Liability and indemnity


  • 11.1 Subject to clauses 11.2, 11.3 and 11.4, AgForce’s liability to the User (including its Authorised Users, in the aggregate) for any loss or damage that the User (including its Authorised Users, in the aggregate) suffers or incurs in connection with this agreement is limited to $100.
  • 11.2 Subject to clause 11.4, AgForce is not liable for any Consequential Loss howsoever caused that the User suffers or incurs in connection with this
  • 11.3 The User is responsible and liable for, all access to or use of the Platform, Website and Reports through any of the User’s User AgForce has no responsibility or liability to the User in that regard.

Australian Consumer Law

  • 11.4 If the Competition and Consumer Act 2010 (Cth) or any other legislation provides that there is a guarantee in relation to any good or service supplied by AgForce in connection with this agreement and AgForce’s liability for failing to comply with that guarantee cannot be excluded but may be limited, then clauses 11.1 and 11.2 do not apply to that liability and instead AgForce’s liability for such failure is limited to (at AgForce’s election):
    • (a) in the case of a supply of goods, replacing the goods or supplying equivalent goods or repairing the goods; or
    • (b) in the case of a supply of services, supplying the services again or paying the cost of having the services supplied


  • 11.5 The User is liable for, and indemnifies AgForce from and against, all loss or damage (including reasonable legal costs) that AgForce incurs or suffers in connection with:
    • (a) any breach of clauses 6 or 9 by the User or its Personnel;
    • (b) any wilful misconduct, or fraudulent or illegal act or omission by the User or its Personnel; or
    • (c) any claim by a third party arising in connection with AgForce’s use (or any use by AgForce’s Personnel) of the User Materials in connection with the Platform or this

12 Suspension or termination

  • 12.1 If:
    • (a) AgForce believes (acting reasonably) that the User or its Personnel have committed a breach of clause 6; or
    • (b) AgForce receives a request or notice from a third party, and AgForce determines that such request has merit and is not vexatious, or from a regulatory body requiring AgForce to cease providing the Platform to the User,
then AgForce may terminate or suspend (at AgForce’s option) this agreement or the User’s access to the Platform, in which case this agreement will terminate (or access to the Platform will be suspended, as applicable) on the date specified in any notice issued by AgForce, or if no notice is issued or no date is specified, immediately.
  • 12.2 If:
    • (a) a party commits a material breach of this agreement that is not remedied within 14 days of receiving written notice of that breach from the other party; or
    • (b) an Insolvency Event occurs in relation to a party, then the relevant other affected party may terminate this
agreement by written notice to the other party, in which case this agreement will terminate on the date specified in that written notice or, if no date is specified, immediately. After termination
  • 12.3 On termination or expiry of this agreement:
    • (a) accrued rights or remedies of a party are not affected;
    • (b) any right or licence granted to the User under this agreement ceases immediately, and the User and its Authorised Users must stop using the Platform and the Website, however any Reports downloaded before the effective date of termination or expiry may be retained, but remain subject to the usage restrictions set out in this agreement; and
    • (c) the User must deliver to AgForce any of AgForce’s Confidential Information, and any other property and materials.
  • 12.4 AgForce will not return to the User any User Material submitted to the Platform and the User is responsible for making its own backups of that User Data if the User requires it after the
  • 12.5 Termination or expiry of this agreement will not affect clauses 8, 9, 11, this clause 12.5 and any provision of this agreement which is expressly or by implication intended to come into force or continue on or after the termination or

13 General

  • 13.1 A party will not be:
    • (a) in breach of this agreement as a result of; or
    • (b) liable to the other party for,
    any failure or delay in the performance of its obligations under this agreement to the extent that such failure or delay is wholly or partially caused, directly or indirectly, by a Force Majeure Event.
  • 13.2 The laws of Queensland (Australia) govern this agreement, and each party irrevocably submits to the jurisdiction of the courts of that place and courts competent to hear appeals from those
  • 13.3 A right under this agreement may only be waived in writing signed by the party granting the waiver, and is effective only to the extent specifically set out in the
  • 13.4 The User acknowledges and agrees that AgForce may use subcontractors to provide the Platform to the User under this agreement.
  • 13.5 Each provision of this agreement will be read and construed as a separate and severable provision or part and if any provision is void or otherwise unenforceable for any reason then that provision will be severed and the remainder will be read and construed as if the severable provision had never existed.

14 Definitions and interpretation


  • 14.1 In this agreement, the terms set out below have the following meaning:

AgForce has the meaning given to it in clause 1.1.

Alliance is the representatives from AgForce, Queensland Department of Agriculture and Fisheries and Fitzroy Basin Association Inc. acting together to operate BMP

Authorised User means any Personnel of the User whom the User authorises to access and use the Platform.

BMP means Grazing and Grains Best Management Practice tool, website and database.

BMP IP has the meaning given to it in clause 8.1.

BMP Materials includes:

  • (a) the Platform, the Website, the Reports and any Material that AgForce provides or makes available to the User; and
  • (b) any Material the User accesses or uses in connection with this

Confidential Information of a party means:

  • (a) information of a confidential nature relating to or developed in connection with the business or affairs of the party which is disclosed to, learnt by, or which otherwise comes to the knowledge of or into the possession of, the other party; or
  • (b) information designated by that party as confidential; or
  • (c) information regarding clients, Users, employees, contractors of or other persons doing business with that party,

but does not include information that:

  • (d) is or becomes generally available in the public domain, other than through any breach of confidence;
  • (e) is rightfully received by the other party from a third person other than as a result of a breach of confidence; or
  • (f) has been independently developed by the other party without using any other Confidential Information of the first

Consequential Loss means: (i) any indirect, special or consequential loss (being a loss that does not arise naturally, that is, according to the ordinary course of things, whether or not the parties were aware of the possibility of such loss);and (ii) any loss of revenues, loss or corruption of data, loss of reputation, loss of profits, loss of bargain, loss of actual or anticipated savings, or lost opportunities (including opportunities to enter into arrangements with third parties).

Force Majeure Event means any occurrence, event  or omission outside a party’s control and, and includes any of  the following: a physical natural disaster including fire, flood, lightning or earthquake; war or other state  of  armed hostilities (whether war is declared or not), insurrection, riot, civil commotion, act of public enemies, national emergency (whether in fact or in law) or declaration of martial law; epidemic or quarantine restriction; ionising radiation or contamination by radioactivity from any nuclear waste or from combustion of nuclear fuel; confiscation, nationalisation, requisition, expropriation, prohibition, embargo, restraint or damage to property by or under the order of any government agency; law taking effect after the date of this agreement; disruption or unavailability of the internet; strike, lock-out, stoppage, labour dispute or shortage including industrial disputes that are specific to a party or the party’s subcontractors; and failure of any of AgForce’s third party service providers to provide services, including hosting services.

Identifying Publication Consent means the consent form issued by AgForce from time to time that captures a User’s consent to having their User Materials and identify published on an identifiable basis.

Insolvency Event in the context of a person  means  any  of the following: a liquidator, receiver, receiver and manager, administrator, official manager or other controller (as defined in the Corporations Act 2001 (Cth)), trustee or controlling trustee or similar official is appointed over any of the property or undertaking of the person; the person or the person’s property or undertaking becomes subject to a personal insolvency arrangement under part X Bankruptcy Act 1966 (Cth) or a debt agreement under part IX Bankruptcy Act 1966 (Cth); the person is or becomes unable to pay its debts when they are due or is or becomes unable to pay its debts within the meaning of the Corporations Act 2001 (Cth) or is presumed to be insolvent under the Corporations Act

2001 (Cth); the person ceases to carry on business; or an application or order is made for the liquidation of the person or a resolution is passed or any steps are taken to liquidate or pass a resolution for the liquidation of the person, otherwise than for the purpose of an amalgamation or reconstruction.

Intellectual Property Rights means all industrial and intellectual property rights, both in Australia and throughout the world, and includes any copyright, patent, registered or unregistered trade mark, registered or unregistered design, rights in any trade secret, knowhow, trade or business or company name, or right of registration of such rights.

Interest means interest on any payment owing under this agreement calculated:

  • at the rate which is 2% in excess of the published Australia and New Zealand Banking Group Limited variable interest rate for personal loans or, if lower, the maximum rate permitted by applicable law; and
  • daily from the date on which such payment was due to the date on which the payment is made (both inclusive) including the relevant

Internal Usage Rules means the rules for coordinators and administrators, as set out in Annexure A or as otherwise notified by AgForce from time to time.

Material includes software, firmware, tools, documentation, reports, data, diagrams, procedures, plans and other materials.

Personal Information has the meaning given in the Privacy Laws.

Personnel of a party include its employees, contractors, directors, officers and agents.

Privacy Laws means the Privacy Act 1988 (Cth) and any other applicable law relating to personal information or personal privacy.

Reports means the reports available from the Platform, including the Identifying Reports and the Non-Identifying Reports.

Tax means any tax, levy, impost, deduction, charge, rate, duty or withholding which is levied or imposed by a government authority (local, State, Federal or otherwise) from time to time, including any stamp, value added, goods and services or transaction tax, duty or charge, excluding taxes on profit or capital gains.

Term means the term of this agreement, as contemplated in clause 2.

User means any business, organisation, entity or person to whom AgForce has agreed to provide the Platform on the terms of this agreement.

User Credentials has the meaning given to it in clause 5.1.

User IP has the meaning given to it in clause 8.2.

User Materials includes all data, information and any Material (other than the Grazing BMP Materials) the User provides to AgForce through or in connection with its use (or its Authorised Users’ use) of the Platform.

Usage Restrictions means the permissions and rights  of use that apply to respective types of Users as set out in the table in Exhibit B.


  • 14.2 In this agreement:
    • the meaning of any general language is not restricted by any accompanying example, and the words ‘includes’, ‘including’, ‘such as’ or ‘for example’ (or similar phrases) do not limit what else might be included;
    • this agreement is not to be interpreted against the interests of a party merely because that party proposed this agreement or some provision in it or because that party relies on a provision of this agreement to protect itself;
    • a reference to this agreement includes the agreement recorded by this agreement;
    • a reference to a party is a reference to AgForce or the User, and a reference to the parties is a reference to both AgForce and the User;
    • Australian dollars, dollars, A$ or $ is a reference to the lawful currency of
    • a reference to a statute, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
    • the singular includes the plural and vice versa;
    • a word which suggests one gender includes the other gender;
    • clause headings are for convenient reference only and have no effect in limiting or extending the language to which they refer; and
    • terms used that are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Act) have the meaning given in that Act, unless the context makes it clear that a different meaning is

Exhibit A – Internal Usage Rules

  • 1.1 You acknowledge that as an administrator or coordinator user, you may have additional permissions to access data and perform tasks in the Platform that are not available to other Users.
  • 1.2 You are required to accept and comply with these Internal Usage Rules in addition to the other terms that apply to the Platform and Website in order to be an Administrator/Coordinator User).
  • 1.3 If you breach these Internal Usage Rules, without limiting other rights in the agreement, AgForce may immediately suspend or terminate your right to use the Platform or Website, in whole or in part, and temporarily or
  • 1.4 Without limitation, an Administrator/Coordinator User may have one of the following roles:
    • (a) DAF – for DAF employees who need to be able to change passwords, view available reports, and add/edit events.
    • (b) NRM Coordinators– for NRM employees who need to be able to change passwords, view available reports, and add/edit
    • (c) User Administrators – for users who need to complete password change, view available reports, edit/add events, and who can see business information and reports,

and this may change from time to time to include new or different roles of User who can see User Material on a non- aggregated basis or can see Identifying Reports.

  • 1.5 If you are an Administrator/Coordinator User, you expressly acknowledge and agree that the User Material is subject to the Privacy Laws and may also be the confidential information of the relevant User. Unless a User has signed an Identifying Publication Consent, their details and data must never be made available to third parties in an identifiable or non- aggregated way. You:
    • (a) must not use your additional permissions or otherwise use the Platform to do anything other than carry out the functions required for the proper performance of your  role for your organisation’s internal business purposes, consistent with its and your rights of use and the terms of this agreement;
    • (b) must not assist anyone else to obtain access to User Materials in a way or to an extent not available through their own authorised permissions; and
    • (c) unless expressly authorised by AgForce in writing, must not access, copy, export, manipulate, transmit, disclose, delete or otherwise use the User Materials in a non- aggregated way for any reason (including for the purpose of making an individual and their data or grazing activities known in an identifiable or non-aggregated way).

Exhibit B – Usage Restrictions

Public/AnonymousAny user not logged inWebsite (root directory, registration page, login page, password recovery page)None
BMP GrazierAuthenticated User

Public/anonymous level plus:

–                       Module Information

–                       Graziers Directory

Yes – BMP Grazier Users may only download reports containing their own unaggregated


Reset PasswordAny BMP Employee

BMP Grazier plus:

–               Reset user passwords


Reset Password plus:

–                       event attendees,

–                       edit events.

NRM Co-ordinatorsNRM BMP Employee

Reset Password plus:

–                       event attendees,

–                       edit events.

User Administrator

Restricted to one person from each Region:

–                       DAF Co-ordinator

–                       NRM Co-Ordinator

DAF and NRM Co-Ordinators plus:

–                       can see business and property information,

–                       Approve businesses  and  verify information,

–                       manage offline imports.

Yes – subject to organisation and level restrictions
FBA – Approved ReportingFBA BMP Employee (one)

User Administrator plus:

–               Unaggregated data reports (subject to consent agreement)

Yes – subject to organisation and

level restrictions.

Individual NRM – Approved ReportingNRM BMP Employee (one)

User Administrator plus:

–                Unaggregated data reports (subject to consent agreement)

Yes – subject to

organisation and level restrictions.


Agents of AgForce Queensland Farmers Limited and agents of

Morgan Rural Tech Pty Ltd

Complete accessYes