Discover Regenerative - Terms of Service

Welcome to the Discover Regenerative Portal Terms of Service. This Agreement is for regenerative producers applying to be showcased on the Discover Regenerative Portal, and use its Service.

This Agreement governs your use of the Australian instance of the Discover Regenerative “Website” found at regenerative.org.au. Please note that your listing on Discover Regenerative draws some information stored on the Open Food Network, which is subject to a separate Terms of Service which you accepted when registering your account. “The Service” in this document refers to the Discover Regenerative Portal – what happens to your data after it is shared from Open Food Network, and supplementary information entered outside of Open Food Network.

The Service is owned and operated by Open Food Web Foundation Limited (“OFF”). The Service is offered subject to your acceptance (without modification) of all of the terms and conditions contained herein, including, but not limited to, the Privacy Policy and attached Copyright Infringement Policy), including any variation, amendment, or replacement to the terms and conditions or any rules, policies and procedures, form the “Agreement” between us.

This Agreement ensures best practice for data sovereignty. We refer to the National Farmers Federation Farm Data Code principles to guide our Terms of Service, Privacy Policy and internal processes around farm data management. We also refer and adhere to the Maiam nayri Wingara Indigenous Data Sovereignty Definitions and Principles and the Research Data Alliance International Indigenous Data Sovereignty Interest Group’s CARE Principles for Indigenous Data Governance to guide and uphold our obligations of responsible management and sharing of Indigenous Data that may be on our Service.

Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree that you are bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Service. Acceptance of the Discover Regenerative Portal Terms of Service is also linked to the acceptance of the Open Food Network Australia Terms of Service which must be agreed to when registering an Enterprise User Account on the Open Food Network, a requirement of being on the Discover Regenerative Portal.

References to “we”, “us”, “our”, “OFF”, “Open Food Network” or “Open Food Network Australia” is a reference to Open Food Web Foundation Ltd.

If you have any questions about this Agreement, feel free to contact hello@regenerative.org.au

0. Purpose

The purpose of the Discover Regenerative Portal is to build visibility of the regenerative sector in Australia and enhance opportunities for buyers to connect with farmers participating in this sector.

We will apply the terms of this Agreement in a way consistent with our Purpose. If there is a clear inconsistency between a term in this Agreement (or part of a term) and our Purpose, the term (or part of the term) will override the Purpose.

You are expected to use the Service and act in a way consistent with our Purpose.

1. Your Account

Your account on the Open Food Network Service is where you control data sharing with the Discover Regenerative Portal. As per Open Food Network Australia’s Terms of Service, you are responsible for maintaining the security of your account. You are responsible for all activities that occur under the account. You must take reasonable steps to guard the security of your account. As a User, you are responsible for creating a strong account password. You agree to keep your login credentials secure and confidential.

When you connect your Open Food Network account to the Discover Regenerative Portal via Connected Apps, a link is generated to your unique form on 3rd party app MiniExtensions, for entering supplementary information for Discover Regenerative. It is your responsibility to keep this link private, to not share it with anyone and to ensure it is not left open on any other computer you are using.

You must immediately notify Open Food Network Australia of any unauthorised uses of your account or any other breaches of security.

We will not be liable for anything that happens if your account security is breached as a result of your failure to protect it.

2. Account Structure

As a User with a listing on the Discover Regenerative Portal, you are the holder of an “Enterprise User Account” on Open Food Network and you warrant that you have the authority to enter into this Agreement and to act on behalf of the Enterprise identified in that account.

If someone else has created an account representing your business that you would like to take control of, you can either contact the User that set up that account (via the publicly listed email) or hello@regenerative.org.au and we will work with you to transfer the account.

3. Pricing Structure

There is no current fee associated with being listed on the Discover Regenerative Portal.

4. Content Policy

The content you submit to Open Food Network is covered by that Terms of Service. This content policy relates to any material you may submit through the Discover Regenerative Portal application form i.e. profile and personal information and any other material, whether text, graphics, or any other format. By being on the Discover Regenerative Portal you agree that you will be, at minimum, contactable by email by users of the Site via the Contact Form featured on each Producer listing. That contact person will then be able to see your email. You can control which other types of contact details you wish to make public.

All Content posted to the Service is your responsibility. If we reasonably consider that Content might be illegal or unlawful under any law having jurisdiction over you or us, or constitute a misuse or misappropriation of traditional knowledge or traditional cultural expression as those terms are understood pursuant to the United Nations Declaration on the Rights of Indigenous Peoples, you agree that we may remove such Content from the Service and submit any information to any relevant authority or person and we have your consent to do so. Subject to the below clause 4.1, we claim no ownership or control over any Content that you post to the Service, unless you have granted explicit permission for us to use specific images that have been uploaded or linked in your Discover Regenerative application. You retain any intellectual property rights to the Content you post, in accordance with applicable law. By posting Content, you represent that you have the rights to reproduce that Content (and the right to allow us to display and distribute such Content) without violation of the rights of any third party. You agree that you will bear any liability resulting from the posting of any Content that you do not have the rights to post and that you will indemnify us in respect of any breach of this clause.

Unless we have your explicit consent, we will not rent or sell your personal information or any data collected through the Discover Regenerative Portal, Open Food Network website or services to anyone. We will only share your personal information or data to third parties that we engage in order to provide you with Open Food Network services, tools to help with our internal workflows, or in rare cases for research or purposes to aid the sector e.g. in advocacy. If identifying Farm Data were required to be disclosed for legal reasons, or were accidentally disclosed, all impacted Users would be notified via email, including of our processes to manage any potential consequences. Further detail is in our Privacy Policy which applies to data collected in Discover Regenerative as well as the Open Food Network.

Attachment 1: Data Map outlines the kinds of Content data that we hold, what is public and private and how it can be accessed and retrieved. This is briefly summarised below for each type of Content data.

4.1 Farm Data

There is a subset of Content that we refer to as “Farm Data”. Farm Data held by Open Food Network includes:

4.1.1 Assurance information: Certifications, Partnerships and Supporting Evidence

As a Producer listed on Discover Regenerative, you may place data into the Service that is related to your status as a ‘regenerative’ producer i.e. demonstration of what qualifies you to be on the Portal. There are multiple eligibility pathways, as outlined here. You can also provide Supporting Evidence which can include text, links, and supporting documentation. The supporting documentation data is publicly available if you choose to make it so, or you can select “available upon request”.

4.1.2 Product Information

You can display Featured Products in your Discover Regenerative listing by selecting from your Open Food Network products in the application form. The product information from Open Food Network is managed according to that Terms of Service. When you select products to be featured on the Discover Regenerative Portal it will be treated in the same way. You can remove it from public display at any time by unselecting it from Featured Products on the Discover Regenerative Portal application, removing it from your shop and/or removing permissions for it to be displayed in other users’ shops on the Open Food Network Platform Service. You can delete Products from your Open Food Network account. You can not delete records of the sale of your products from other Users’ shops.

4.2 Structured Data

There is a subset of Content that we refer to as “Structured Data”. Structured Data is Content that represents simple facts, rather than creative effort. For instance, locations, dates, or the type and number of products or assurances you have listed. Structured Data (which can include farm data) may be created explicitly by you or implicitly by the Website in response to your activity. You acknowledge that you have no copyright, moral rights or any similar rights in Structured Data.

By using the Service, you acknowledge that Structured Data will be compiled and stored by us. De-identified Structured Data pertaining to you or your activity may be used by us, or in research we deem of value to the sector. If/on rare occasions where we see value to the sector (e.g. advocacy), we may make structured data available for use by third parties under a Creative Commons Attribution ShareAlike (CC-BY-SA 3.0) license, with attribution given to Open Food Foundation. In this case, we will notify Users of the Service via email of how the Structured data is being used and retain a list accessible to users. Pursuant to clause 4.3, we will not make Indigenous Data (defined below in 4.3) available to third parties under a Creative Commons license without the prior written consent of the relevant Indigenous data holder/s.

Some of your structured data from the Open Food Network Service can be extracted by you via export formats (CSV, PDF, Excel) accessible from the Reports tab e.g. product lists; order information (total orders, total sales etc); payment information. Similarly, an increasing amount of structured data can be accessed via the API, see API Handbook. There may be some structured data available from Discover Regenerative available by request to hello@regenerative.org.au

4.3 Indigenous Data and ICIP

There is a subset of Content that is Indigenous Data, which may also contain Indigenous Cultural and Intellectual Property (or ICIP).

Indigenous Data refers to any information or cultural knowledge that is about, or may impact, Indigenous peoples at an individual or collective level.

Indigenous Cultural and Intellectual Property (ICIP) refers to Indigenous people’s cultural heritage, traditional knowledge and practices (i.e. knowledge of native foods and botanicals, farming and land management practices) and/or traditional cultural expressions (i.e. stories and artwork).

This Service may hold Indigenous Data or ICIP of Aboriginal or Torres Strait Islander Traditional Owners and Custodians.

We adhere to Article 31 of the United Nations Declaration on the Rights of Indigenous Peoples, the Maiam nayri Wingara Indigenous Data Sovereignty Definitions and Principles and the CARE Principles for Indigenous Data Governance to guide our Terms and the Service.

By using the Service and accepting these Terms,

you agree that ownership and control of Indigenous Data will remain at all times with the relevant User or data provider.
you agree that ownership and control of any ICIP will remain with the relevant Traditional Owners or Custodians of that ICIP, that the Traditional Owners and Custodians are acknowledged as the owners of that ICIP and that cultural authority via written consent has been obtained from the traditional owners and custodians prior to using that ICIP for any purpose.
you agree to respect and act in accordance with the principles of Indigenous Data Sovereignty and Indigenous Data Governance as set out by Maiam nayri Wingara and the CARE Principles for Indigenous Data Governance.

4.4 Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which we, any user, or any provider of Content links, or that link to us. We do not have any control over those websites and webpages, and are not responsible for their contents or their use. By linking to an external website or webpage, we do not represent or imply that we endorse such website or webpage and do not provide any warranties as to the accuracy, completeness or security of such sites.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of external websites and webpages, whether that link is provided by us or by any other provider of Content on the Service.

4.5 How we deal with problem Content

You agree that by using the Service, you may be exposed to Content you find offensive or objectionable.

We are reviewing content prior to publication. If you identify content that you believe to be false or misleading you can notify us at hello@regernerative.org.au. You acknowledge that we have the right (but not the obligation), in our sole discretion, to remove or refuse to remove any Content from the Service if deemed objectionable or misleading. If such Content is reported to us, it will be our sole discretion as to what action, if any, should be taken. If we receive notification of an alleged infringement of copyright, we will follow Attachment 3: Copyright Infringement Policy.

If any Content you have submitted is reported to us as violating this Agreement, or we otherwise consider that Content you have submitted is inconsistent with the Purpose, you agree that we may call upon you to change, modify, or remove that Content, within a reasonable amount of time, as defined by us. If you do not follow this directive, we may terminate your account.

5. Responsibility of Contributors

You agree that you will not:

Upload, post, or otherwise transmit any Content that is harmful, threatening, abusive, hateful, invasive to the privacy and publicity rights of any person, or that violates any applicable local, state, national, or international law, including any regulation having the force of law;
Upload, post, or otherwise transmit any Content that is spam, or contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
Maliciously impersonate any real person or entity, including but not limited to an Open Food Network staff member or volunteer, or to otherwise misrepresent your affiliation with any person or entity;
Use the Service to upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Use the Service to upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
Solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users;
Upload, post or otherwise transmit any Content that contains viruses, worms, malware, Trojan horses or other harmful or destructive content;
Allow usage by others in such a way as to violate this Agreement or
Allow usage of your account by others;
Make excessive or otherwise harmful automated use of the Service;
Access any other person’s account, or exceed the scope of the Service that you have signed up for; for example, accessing and using features you don’t have a right to use;
Use the Service or act in a way that is inconsistent with our Purpose;
Use, collect, upload, post or otherwise transmit ICIP for any purpose without the free, prior and informed consent of the traditional owners or custodians of that ICIP;
Use, collect, upload, post or otherwise transmit Indigenous Data without the consent of the relevant User or data provider;
Use the Service in a way which may cause Open Food Network to do any of the matters in paragraphs 1 to 15 above (inclusive).

6. Resales of Services

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, except as is permitted under any API and Data Use Policy we develop, open source licence pertaining to the Service’s source code, or Creative Commons licenses pertaining to the Content.

7. Sale of Liquor

By registering as a User of the Service, you have agreed to Clause 7. Sale of Liquor of the Open Food Network Australia Terms of Service – please refer to this clause as needed.

8. Privacy Policy

We are committed to protecting your privacy and complying with privacy legislation and best practice. The Discover Regenerative Privacy Policy is available online here. It is reviewed as required to keep up with changing legislation and to ensure it reflects our current privacy practices.

9. Collection Notice

Personal Information refers to information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether or not the information or opinion is true or recorded in material form.

We collect Personal Information about you on the Open Food Network according to that Terms of Service.

In addition, on Discover Regenerative, we collect information when

when you upload, post or share data with Discover Regenerative ;
when you contact other Producers via the Contact form, and when you are contacted (we retain sender and receiver email addresses as well as the sender contact ‘type’ e.g. B2B buyer, Household, Other)
to provide our Service;
to understand and improve the experience of the Open Food Network and Service;
otherwise for the purposes described in our Privacy Policy.

We will only use your Personal Information, including any Indigenous Data or ICIP, in accordance with our Privacy Policy.

10. Copyright, Data and ICIP Infringement

If you believe that material located on the Website violates your copyright, ICIP rights or Indigenous Data Sovereignty principles, you can notify us in accordance with our Copyright Infringement Policy.

11. Potential risks involved with using Discover Regenerative Portal

Open Food Network has made every reasonable effort to ensure our services are secure and provide as accurate as possible information. We recognise that usage of the Discover Regenerative Portal may carry some risks to you and your business, and may contain inaccuracies of content and security risks. The risks associated with these include interruption or delay of services, loss, damage, corruption or recovery of data, or breach of data or system security that may result from using our services. We do not accept liability for these risks. As a User, you are responsible for creating a strong account password and carefully managing your personal link to the Discover Regenerative application form (i.e. do not store anywhere and access ONLY from within your Open Food Network account) to minimise risk of data breach.

In the cases of known impending risks (such as known dates of loss of services) we will make every effort to forewarn you as a user so you can take necessary precautions to mitigate the risk (e.g. to back-up your data).
In the unlikely instance of your data being breached, Open Food Network will notify you as soon as a data breach has been identified.

12. Indemnity

You indemnify and hold harmless Open Food Network, its directors, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all liabilities, damages, loss (including consequential loss), claims (whether actual, threatened or potential) and expenses, including legal fees, arising directly or indirectly out of your use of the Service, any Content or any breach of this Agreement.

13. Termination

Open Food Network may terminate your account or otherwise restrict your use of our Services at any time if we believe you have violated this Agreement. If this occurs, you will be notified by email, and we will tell you which part of the Agreement we believe you violated. We may, at our discretion, choose to issue a warning rather than terminate your account, in which case you will also be notified by email and told which part of the Agreement we believe you violated, and any required remedy. We will also provide you with a contact address where you may appeal our decision, however, we do not guarantee that we will change our minds.

Supporting organisations and partners (i.e. assurance partners / certifying bodies etc) have the right to notify us if a producer’s regenerative credentials have lapsed, and/or if for reasons they choose to retract their assurance for a producer as being ‘regenerative’. In these instances, and if it affects eligibility to be listed on Discover Regenerative, we will notify the producer and remove the listing.

You agree that any termination of your access to the Service may involve removing or discarding any Content, including all data types (4.1, 4.2, 4.3), you have provided.

We may, at our sole discretion, discontinue providing the Service at any time, with or without notice. In this instance, we will provide Users with a copy of your data and Users must request if you want your data deleted.

If you wish to terminate this Agreement, you may delete your account and cease using the Service. 30 days after deletion of your account, we will remove any Content and data you have provided and it may not be retrievable.

Please refer to our list of third parties so that you are aware of where your data may continue to be stored or held, once we have deleted your Content and data from our system.

All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

14. Changes

We reserve the right, at our sole discretion, to modify or replace any part of this Agreement at any time. A history of changes to this Agreement is available online.

We will notify users of the Service of substantial changes to this Agreement with two weeks notice. We will again notify Users once changes come into effect, which will require Users to re-consent to this Agreement by accepting the updated Terms of Service Agreement within their Discover Regenerative application form or other. Your continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.

We may also, in the future, offer new features or services through the Service, or modify existing features or functionality available through the Service. Such new or modified features and/or services shall be subject to the terms and conditions of this Agreement.

If there are any changes to the legal jurisdiction or change of control of the Open Food Network organisation (i.e. through acquisition or merger), we will provide fair warning to you.

15. Disclaimer of Warranties

The Competition and Consumer Act 2010 and certain corresponding State legislation imply terms, conditions and warranties into some contracts for the supply of goods and services and prohibit the exclusion, restriction and modification of such terms (“Prescribed Terms”).

Except for Prescribed Terms, and to the extent permitted at law, all terms, conditions and warranties express or implied by custom, law or statute in any way relating to access to, or non-access to, this site or the Service or your use of, or reliance upon, this site, the Service, the Content or the content thereof are hereby excluded.

We do not warrant expressly or impliedly that your access to the Website (or any site linked in any way to the Website) will be uninterrupted or error free. Further, we do not warrant expressly or impliedly that any defects will be corrected or that the Website (or any site linked in any way to the Website) or the server which stores and transmits content to you are free of viruses or any other harmful components.

16. Limitation of Liability

You expressly understand and agree that in no event will Open Food Network Australia, its contractors, its licensors, its directors and their respective directors, officers, employees and agents, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any direct, special, incidental or consequential damages (including, but not limited to, loss of actual or anticipated profits or income, loss of contract or loss of reputation or opportunity); (ii) the cost of procurement or substitute products or services; (iii) interruption of use or loss or corruption of data; (iv) any statements or conduct of any third party on the Service; or (v) any unauthorised access to or alterations of your Content. We shall have no liability for any failure or delay due to matters beyond our reasonable control.

To the extent that Open Food Network is liable to you under any Prescribed Term, Open Food Network limits its liability to supplying the Service again.

The foregoing shall not apply to the extent prohibited by applicable law.

17. General Information

This Agreement constitutes the entire agreement between us and you concerning your use of the Service. This Agreement may only be modified by a written amendment signed by an authorised representative of Open Food Network Australia, or by the posting of a revised version of this Agreement. Except to the extent that applicable law (if any) provides otherwise, any dispute arising between you and Open Food Network Australia regarding this Agreement and/or your use or access of the Service will be governed by the laws of the state of Victoria, excluding any conflict of law provisions. You agree to submit to the jurisdiction of the state and federal courts located in the State of Victoria, Australia for any disputes arising out of or relating to your use of the Service or the terms of this Agreement.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

18. Reporting Violations

To report a violation of this agreement, please email hello@regenerative.org.au

Version 1.0 last updated April 2024

Discover Regenerative Portal Data Map – April 2024

Type of Data	Data on Discover Regenerative Portal	Is Data Public?	Is Data Private?	Terms of Service Section	Provision of Data to 3rd Parties	Data Retrieval	Termination of Data
1. Personal Information: Farm Personal & Business Details	Personal and business details (name, contact phone, email address), social media details, business details (ABN etc), farm location.	User has control over which specific contact details are made visible to users of the site. By connecting their Open Food Network account to Discover Regenerative using the Connected Apps switch, they are sharing this information with the Portal and accept that their Contact email listed in Open Food Network account will be connected (but not visible) to the Contact form for Users of the site to email producers directly.	Yes i.e. we hold even if user has hidden from public view	4.0 and 9.0	Identifiable data is shared with services that we use to provide our services to Users, or tools that help with our internal workflows. Otherwise, only with consent or if/as required by law.	API	Not publicly viewable, de-identified. If you disconnect your Discover Regenerative application using Open Food Network ‘Connected App’ switch, your listing and therefore content will be removed from the Discover Regenerative website and from connection with your Open Food Network account. It will be held in the database so that it can be reinstated, unless you request its deletion via hello@regenerative.org.au
2. Content	Descriptions / About Enterprise, Products, Images etc	By connecting your Discover Regenerative application with your Open Food Network data you are authorising the display of your enterprise information and use of your logo and banner images on Discover Regenerative. You have control of, and can update this information at any time. The User has control over the display of any Product information (recommend at least 3) and can change this at any time. If you have granted permission for us to use images supplied in the Discover Regenerative application, you can retract this permission at time via email to hello@regenerative.org.au	Yes	4.0		This information is accessible via Open Food Network reports and API. Supplementary information can be accessed as a csv file by requesting customer support.	Not publicly viewable, de-identified except where retained in other user sales records
2.1 Farm data	Assurance information: Certifications, Partnerships and Supporting Evidence.	Yes, if profile is visible User has control over whether Supporting Evidence documentation is attached to be publicly downloadable from the Portal, or available on request.	Yes, we hold Assurance information in our database even if profile is not visible and/or Open Food Network service disconnected.	4.1.1 – Content			Assurance information can be requested as a csv or to be fully deleted from our database via hello@regenerative.org.au
2.2 Structured data	Simple facts, rather than creative effort e.g. dates, or the type and number of assurances a farmer has listed.	No	Yes	4.2	Identifiable data is shared with services that we use to provide our services to Users, or tools that help with our internal workflows. De-identified Structured Data pertaining to you or your activity may be used by us, or in research or advocacy we deem of value to the sector. If/on rare occasions where we make structured data available for use by third parties, it will be under a Creative Commons Attribution ShareAlike (CC-BY-SA 3.0) license, with attribution given to Open Food Foundation. In this case, we will notify Users of the Service via email of how the Structured data is being used and retain a list on our website.	No	De-identified. We may still be able to identify some information within structured data sets, but 3rd party users will not be able to.
2.3 Indigenous data	Any information or cultural knowledge that is about, or may impact First Nations peoples at an individual or collective level. I.e. traditional, scientific and cultural knowledge and practices	Yes – User has control over creation of data and level of public visibility of their data, as adhered to by the Indigenous data principles referenced in 4.3.	Yes i.e. we hold even if user has hidden from public view	4.3	Identifiable data is shared with services that we use to provide our services to Users, or tools that help with our internal workflows. The free, prior and informed consent of the Indigenous Custodians must be sought before providing third parties with Indigenous data, in line with best-practice. The free, prior and informed consent of the relevant Traditional Owners and Custodians must also be sought prior to the provision of ICIP.	Users can retrieve Indigenous data pertaining to their own accounts via reports and API, or by request to hello@regenerative.org.au Users can email any concerns about Indigenous data on Discover Regenerative to hello@regenerative.org.au	De-identified. We may still be able to identify some information within structured data sets, but 3rd party users will not be able to.
Other data	N/A
Usage Data	We collect usage data (i.e., general statistics about users, traffic patterns, and how users respond to various site features) to improve the quality of services we provide to you.	No	Yes, we hold.			No ability to retrieve currently. This is a potential future feature addition i.e. that Users can access usage data relating to their accounts.	No removal on termination

Copyright Infringement Policy

This Copyright Infringement Policy covers all websites operated by Open Food Network (“OFS”, “we”, “us”, “our”) and all associated services (including the Discover Regenerative Portal), collectively referred to as “the Services”. It describes how you may report a violation of copyright on the Service.

We respect the intellectual property of others, and we ask our users to do the same. Users are required by this Terms of Service to ensure that they have the legal right to post content to the Service.

Open Food Network is based in Melbourne, Australia and is not subject to the provisions of the United States Digital Millennium Copyright Act (DMCA). However, we have established policy and procedures which are similar to those required by the DMCA, as we believe they constitute best practice for web services operating in Australia.

For the purposes of this Copyright Infringement Policy, “Intellectual Property Rights” include all current and future intellectual property rights, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, trade marks, trade names, patents, petty patents, utility models, design rights, database rights and all rights in the nature of unfair competition or rights to sue for passing off.

1. Notifying us of an infringement

If you believe that an Open Food Network Australia user has infringed your Intellectual Property Rights by posting Content to the service, you may follow these steps to notify us and ask for the removal of the Content.

Notifications may be submitted by email to hello@openfoodnetwork.org.au or hello@regenerative.org.au (if on the Discover Regenerative portal).

You must provide the following information:

Sufficient information to identify the copyrighted work being infringed. For instance, if the work is a published book, provide the title, author, and ISBN; if the work is a magazine article, provide the title, author, magazine name, and magazine issue; if the work is available on the Internet, provide the URL of the work.
The URL of the specific page on Open Food Network where your work was reproduced without permission. General descriptions or non-specific links (such as to Open Food Network’s homepage) cannot be acted upon.
Your postal address, telephone number, and email address.
A statement by you that the above information is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
A physical signature or digital signature in a recognized industry-standard format such as PGP, of the copyright or intellectual property owner or the person authorized to act on their behalf. Unsigned notifications will not be processed.

2. Responding to notifications

We will respond to copyright infringement notifications within four business days.

If we are not provided with enough information to act on the notification, including all the items listed in the section above and any other information or substantiation reasonably requested by us, we will reject the notification and notify the submitter that it cannot be acted upon.

If the Content is not hosted on our servers (for instance, if the notification concerns an image hosted on another site which is merely displayed on or linked from our site) we will respond, notifying the submitter that the Content is not hosted by us and referring them to the hosting site.

Provided we are able to act upon the notification, we will contact the user who posted the Content and inform them of the notification and claim of Intellectual Property Rights.

The user will have four business days to respond. They may respond as follows:

Admit that they have posted something to which they do not hold Intellectual Property Rights. In this case, the member may delete the Content from the Service, or we may render it inaccessible.
Submit a counter-notification, stating that they have the right to post the Content, and that they are prepared to uphold this claim in court. The process for this is outlined below.
Respond saying that they do not believe they have infringed any Intellectual Property Rights, but that they do not wish to formally submit a counter-notification. In this case, the member may delete the Content from the Service, or we may render the Content inaccessible.
If the user fails to respond, we will render the Content inaccessible.

When Content is deleted or rendered inaccessible, we will take reasonable efforts to ensure it cannot be accessed via the Service. However, caching or external references may mean that Content remains accessible for some time, including on third-party sites or applications. Third party sites and applications are not under our control.

If infringing Content has been removed or rendered inaccessible via the Service but is still available via third-party sites and applications, the copyright or intellectual property holder may contact the operators of those sites/applications to notify them of the infringement.

3. Counter-notification and restoration process

A counter-notification is a statement that you do not believe your content infringes on another person’s Intellectual Property Rights, or that your use of another person’s copyrighted material falls into a protected category under law.

By filing a counter-notification, you are indicating that you are willing to defend your use of the material in court, if the copyright owner chooses to bring a lawsuit against you for your use of the material. This may involve civil and/or criminal penalties. We strongly suggest you contact an intellectual property lawyer licensed to practice law in your jurisdiction before you do this, so that you are aware of your rights and obligations under the law.

A counter-notification must contain the following items:

Your signature. Signatures may be a physical signature or a digital signature in a recognized industry-standard format such as PGP.
The URL of the Content that has been called into question (this will have been provided in the original notification).
A statement that you have a good faith belief that the copyright infringement notification was sent as a result of mistake or misidentification of the material. This should include any reasons why you believe your use of the material is not infringing.
Your name, address, and telephone number.

We will forward your counter-notification, in full, to the submitter of the original notification. They will then have 14 days to initiate legal action and notify us that they have done so.

In the meantime, we will render the Content inaccessible.

If, after 14 days, we have not been informed that legal proceedings have been initiated, we will restore the Content.

If you have filed a counter-notification, you may not re-post the allegedly-infringing material until we notify you that the waiting period has expired.

4. Repeat offenses

Members who receive three or more valid copyright infringement notices will have their accounts terminated.

If a counter-notification is filed, or if the member has stated that they do not accept the allegation of copyright infringement but do not wish to formally file a counter-notification, the notification will not be counted toward termination.

We also reserve the right to terminate the account of those who, in our opinion, misuse or abuse the copyright infringement notification process against other members.

5. Changes

We may change our Copyright Infringement Policy from time to time. A history of changes to this Policy is available here. We will take reasonable steps to notify you of any substantial changes to this Policy; however, it is your responsibility to check this Policy periodically for changes. Your continued use of this site after any change in this Policy will constitute your acceptance of such change.