Welcome to PurpleGrain. These Terms of Service ("Terms") govern your access to and use of the PurpleGrain platform, including our website, mobile applications, and services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms.
Please read these Terms carefully before using our Service. If you do not agree to these Terms, you may not access or use the Service.
Table of Contents
1. Interpretation and Definitions
3. SMS Messaging Authorization
4. Privacy and Data Protection
5. Compliance with Australian Regulations
6. Account Registration and Security
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms of Service:
Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to PurpleGrain PTY LTD, Victoria, Australia.
Platform refers to the PurpleGrain agricultural services marketplace, including all websites, mobile applications, and related services.
Sender ID refers to the name or identifier displayed to recipients of SMS messages sent through the Service, which will be "PurpleGrain".
Service refers to the Application or the Website or both.
SMS refers to Short Message Service (text messages) sent via mobile phone networks.
Third-Party Service Provider refers to Twilio Inc. and its affiliates, which provide SMS messaging services on behalf of the Company.
Website refers to PurpleGrain, accessible from https://purplegrain.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acceptance of Terms
By creating an account, accessing, or using the PurpleGrain Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our
Privacy Policy
, which is incorporated herein by reference.
If you do not agree to these Terms, you must not access or use the Service. Your use of the Service following any changes to these Terms constitutes your acceptance of those changes.
SMS Messaging Authorization
By using the PurpleGrain platform, you hereby authorize PurpleGrain PTY LTD ("PurpleGrain", "we", "us", or "our") to send SMS (text) messages on your behalf as your authorized agent for platform-related communications to customers and other users of the platform.
By creating an account and accepting these Terms, you represent and warrant that you have the authority to grant this authorization and that all recipients have provided appropriate consent to receive SMS messages in accordance with applicable laws and regulations.
Scope of Authorization
• You grant PurpleGrain the right to send SMS messages on your behalf using the "PurpleGrain" sender ID
• Messages may include, but are not limited to:
- Job updates and confirmations
- Appointment notifications and reminders
- Service-related updates and communications
- Transactional notifications related to your use of the platform
• Messages will be sent to phone numbers provided by customers or other platform users
• All messages will be sent using PurpleGrain's SMS service provider (Twilio Inc.) and will display "PurpleGrain" as the sender ID
• Messages are transactional in nature and relate to services provided through the platform
Message Content
• Messages may reference your name, business name, or service details as provided in your PurpleGrain account
• Messages will include links to PurpleGrain platform pages (e.g., job links, service pages)
• Message content will be generated by PurpleGrain based on platform activity and your account information
• Messages are subject to standard SMS character limits and may be truncated or split into multiple messages as necessary
Your Responsibilities
• You are responsible for ensuring you have obtained appropriate consent from recipients before PurpleGrain sends messages on your behalf
• You must comply with all applicable laws and regulations regarding SMS messaging, including but not limited to:
- Australian Spam Act 2003
- Telecommunications (Telemarketing and Research Calls) Industry Standard
- Australian Privacy Principles
- Any other applicable local, state, or federal regulations
• You must not use the platform to send unsolicited commercial messages
• You are responsible for the accuracy of information in your account that may be included in messages
• You agree to indemnify PurpleGrain against any claims arising from SMS messages sent on your behalf, including claims related to lack of consent, spam complaints, or violation of applicable laws
Opt-In and Consent
• Recipients must have provided consent to receive SMS messages
• Consent may be obtained through:
- Explicit opt-in during account creation
- Prior business relationship with the message recipient
- Other lawful means of consent as permitted by applicable regulations
• Recipients may opt-out of receiving SMS messages at any time by replying "STOP" or following opt-out instructions provided in messages
• Upon receiving an opt-out request, PurpleGrain will cease sending SMS messages to that recipient on your behalf
PurpleGrain's Rights
• PurpleGrain reserves the right to send SMS messages on your behalf as part of the platform's core functionality
• PurpleGrain may modify message content, format, or delivery methods at any time with reasonable notice
• PurpleGrain is not responsible for the content of messages beyond what is generated by the platform
• PurpleGrain may suspend or terminate SMS messaging capabilities for accounts that violate these terms or applicable laws
• PurpleGrain may share phone numbers with our SMS service provider (Twilio Inc.) as necessary for message delivery
Limitation of Liability
• PurpleGrain is not liable for any issues arising from SMS message delivery, including but not limited to:
- Failed message delivery
- Delayed message delivery
- Message content errors
- Recipient complaints or opt-out requests
- Network or carrier issues
• You agree to indemnify PurpleGrain against any claims arising from SMS messages sent on your behalf
• PurpleGrain does not guarantee message delivery or delivery timeframes
Termination
• This authorization remains in effect while your account is active and in good standing
• You may revoke this authorization at any time by:
• Revocation of authorization may result in limited platform functionality
• PurpleGrain may terminate SMS messaging capabilities at any time with reasonable notice
• Revocation requests will be processed within 5 business days
Privacy and Data Protection
Phone numbers collected through the platform are used for SMS messaging as authorized above. For detailed information about how we collect, use, store, and protect your phone numbers and other personal information, including data retention policies and your privacy rights, please see our
Privacy Policy
.
Compliance with Australian Regulations
All SMS messages sent through the PurpleGrain platform comply with:
• Australian Spam Act 2003
• Australian Privacy Principles under the Privacy Act 1988
• Telecommunications (Telemarketing and Research Calls) Industry Standard
• Australian Consumer Law
Messages are transactional in nature and relate to services provided through the platform. Commercial messages (if any) will only be sent with explicit consent in accordance with applicable regulations.
Account Registration and Security
To use certain features of the Service, you must register for an account. You agree to:
• Provide accurate, current, and complete information during registration
• Maintain and update your account information to keep it accurate, current, and complete
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account
User Conduct
You agree not to:
• Use the Service for any illegal purpose or in violation of any laws
• Violate any applicable local, state, national, or international law or regulation
• Transmit any material that is abusive, harassing, tortious, defamatory, or otherwise objectionable
• Interfere with or disrupt the Service or servers connected to the Service
• Attempt to gain unauthorized access to any portion of the Service
Intellectual Property
The Service and its original content, features, and functionality are owned by PurpleGrain PTY LTD and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
Termination
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the Service will cease immediately. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimer of Warranties
The Service is provided on an "AS IS" and "AS AVAILABLE" basis. PurpleGrain PTY LTD and its suppliers and licensors hereby disclaim all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.
Limitation of Liability
In no event shall PurpleGrain PTY LTD, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the Service.
Governing Law
These Terms shall be interpreted and governed by the laws of Victoria, Australia, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Service will be resolved in the courts of Victoria, Australia.
Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect.
What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
Contact Information
For questions about these Terms of Service, SMS messaging authorization, or to revoke authorization, please contact us:
Phone: +61 434 197 903
Address: Victoria, Australia
For privacy-related inquiries, please see our
Privacy Policy
.