Terms of Service
Effective Date: April 06, 2026 · Version 1.0
1 Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and FoodGuard ("Company", "we", "us", or "our"). By creating an account, clicking "I Agree", or otherwise accessing the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
If you are using FoodGuard on behalf of a business or organisation, you represent that you have the authority to bind that entity to these Terms.
2 Description of Service
FoodGuard is a web-based food safety compliance management platform designed for restaurants and food service establishments. The Service replaces paper-based records with a digital diary-style daily checklist system. Our Service includes:
- Customisable daily, weekly, and monthly cleaning schedule checklists
- Temperature monitoring and logging for cool rooms, freezers, and hot food displays where any breach is automatically marked as “corrective action required.”
- Food process time and temperature recording (cooking to 75°C and cooling compliance)
- Staff illness register
- Automated supervisor/manager email alerts for incomplete or overdue tasks
- Audit reports showing task completion history, outcomes, and responsible staff
- Regulatory compliance documentation to support health inspections
The Service is intended for food business owners, managers, food safety supervisors, and authorised staff of food service businesses.
3 Account Registration
3.1 Account Creation
To access the Service, you must register an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your credentials and for all activities conducted under your account.
3.2 Eligibility
You must be at least 18 years of age and have legal authority to enter into these Terms on behalf of your business. By registering, you represent and warrant that you meet these requirements and that your food business holds all applicable licences and registrations required under relevant state or territory food safety legislation.
3.3 Account Security
You agree to immediately notify FoodGuard of any unauthorised use of your account, use strong and unique passwords, and log out at the end of each session. FoodGuard will not be liable for any loss arising from your failure to comply with these security obligations.
4 Subscriptions & Payments
4.1 Subscription Plans
FoodGuard offers a single monthly subscription plan. Details of the plan are displayed on our website and may be updated from time to time. All prices are displayed in Australian Dollars (AUD) and include GST where applicable.
4.2 Payment Processing via Stripe
All payments are processed securely through Stripe, Inc., our third-party payment processor. By providing payment information, you authorise FoodGuard and Stripe to charge your nominated payment method for applicable fees. Your payment data is transmitted directly to Stripe and is never stored on FoodGuard's servers.
Stripe's use of your data is governed by Stripe's Privacy Policy. FoodGuard is not responsible for errors or failures arising from Stripe's services.
4.3 Billing Cycle
Subscriptions are billed on a recurring basis (monthly) and will auto-renew unless cancelled before the renewal date. Your billing cycle starts on the subscription date and renews on the same date each period.
4.4 Refund Policy
Subscription fees are generally non-refundable except where required under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or at FoodGuard's sole discretion. Cancellations take effect at the end of the current billing period. Nothing in these Terms limits any rights you may have under the Australian Consumer Law.
4.5 Price Changes
FoodGuard may change pricing at any time at any time by providing reasonable advance written notices. Continued use of the Service after a price change constitutes acceptance of the new pricing.
5 Acceptable Use
You agree to use FoodGuard only for lawful purposes consistent with all applicable laws and regulations. You must not:
- Use the Service for any illegal purpose or in violation of applicable food safety, privacy, or consumer laws
- Attempt to gain unauthorised access to any part of the Service or its systems
- Interfere with or disrupt the integrity or performance of the Service
- Upload, transmit, or distribute malicious code, viruses, or harmful content
- Reverse engineer, decompile, or disassemble the Service
- Use automated bots or scrapers to access the Service
- Resell or sublicense any part of the Service without written permission
- Enter false, inaccurate, or misleading compliance or food safety records
- Impersonate any person or entity or misrepresent your affiliation
6 Intellectual Property
6.1 FoodGuard's Property
All content, features, software, text, graphics, and data within the Service are owned by or licensed to FoodGuard and are protected under applicable Australian and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable licence to access and use the Service for your internal business purposes during your subscription term.
6.2 Your Content
You retain ownership of all data and content you input into the Service ("User Content"). By using the Service, you grant FoodGuard a non-exclusive, royalty-free licence to process and store your User Content solely to provide and improve the Service.
7 Data & Regulatory Compliance
7.1 Data Accuracy
You are solely responsible for the accuracy and completeness of all data entered into the Service, including temperature logs, cleaning records, supplier checks, and staff information. FoodGuard does not independently verify the accuracy of any records entered by users.
7.2 Regulatory Responsibility
7.3 Record Keeping
FoodGuard facilitates the creation of digital food safety records that may be used to demonstrate compliance during health inspections or audits. However, you should ensure that your use of the Service satisfies any specific record-keeping format or duration requirements imposed by your state or territory food authority.
8 Australian Consumer Law Guarantees
Our goods and services come with consumer guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy that applies under the Australian Consumer Law or any other law that cannot be excluded.
To the extent permitted by law, our liability for any breach of a non-excludable guarantee is limited, at our option, to re-supplying the Service or paying the cost of having the Service re-supplied.
9 Disclaimers & Limitation of Liability
9.1 Disclaimer of Warranties
Subject to Section 8, the Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose. FoodGuard does not warrant that the Service will be uninterrupted, error-free, or that temperature alerts or automated notifications will be delivered without delay.
9.2 Limitation of Liability
Subject to Section 8 and to the maximum extent permitted by law, FoodGuard shall not be liable for indirect, incidental, special, or consequential damages, including loss of data, loss of profit, or regulatory fines arising from your use or inability to use the Service. In no event shall FoodGuard's total liability exceed the amount paid by you in the twelve (12) months preceding the claim.
10 Indemnification
You agree to indemnify, defend, and hold harmless FoodGuard and its officers, directors, employees, and agents from any claims, liabilities, damages, or expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, any inaccurate food safety records entered by you or your staff, or your User Content.
11 Termination
You may cancel your subscription at any time through your account settings. FoodGuard may suspend or terminate your access at any time for violation of these Terms, non-payment, or at our reasonable discretion with notice where practicable. Upon termination, your right to use the Service will immediately cease. Your data will be retained for a reasonable period as set out in our Privacy Policy and then deleted, subject to any legal retention obligations.
12 Governing Law & Disputes
These Terms are governed by the laws of Australia, Commonwealth of Australia, without regard to conflict of law principles.
Any dispute arising in connection with these Terms shall first be subject to good-faith negotiation between the parties. If unresolved within 30 days, disputes may be referred to mediation or, if necessary, the courts of Australia. Nothing in this clause limits any rights you may have under the Australian Consumer Law.
13 Changes to Terms
FoodGuard reserves the right to modify these Terms at any time. We will notify you of material changes by email or within the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.