Terms of Service
Last updated: 23 September 2026 | Effective immediately upon publication
Australian National Food Safety Institute Pty. Ltd. (ABN 78 696 727 330, ACN 696 727 330)
Trading as ANFSI
Level 1, 457-459 Elizabeth Street, Surry Hills NSW 2010, Australia
Phone: (+61) 0489 200 205 | Email: info@anfsi.com.au
1. Acceptance of Terms
By accessing, browsing, or using the website located at anfsi.com.au (the "Website"), submitting any enquiry form, engaging ANFSI for any service, or enrolling in any training course, you ("you", "Client", "User") agree to be bound by these Terms of Service ("Terms") in their entirety. If you do not agree to these Terms, you must immediately cease using the Website and must not engage ANFSI for any services.
These Terms form a legally binding agreement between you and Australian National Food Safety Institute Pty. Ltd. ("ANFSI", "we", "us", "our"). ANFSI reserves the right to update, modify, or replace any part of these Terms at any time by publishing the revised version on this page. Your continued use of the Website or our services after any change constitutes your acceptance of the revised Terms. You are responsible for reviewing these Terms periodically.
2. Services Provided
ANFSI provides food safety auditing, consultancy, and training services across Australasia, Oceania, and Southeast Asia. These services include but are not limited to:
- Third-party regulatory food safety audits (TPA) under applicable state and territory food authority licences
- Internal food safety audits, gap audits, supplier audits, and desktop food safety programme reviews
- HACCP plan development, Food Safety Management System (FSMS) design and implementation, and Standard Operating Procedure (SOP) authoring
- Allergen management, VITAL 4.0 risk assessments, and food labelling compliance reviews
- Shelf life validation studies conducted in partnership with NATA-accredited laboratories
- Food safety training courses delivered online, in person, on site, or via blended delivery modes
- Food safety culture assessment and development programmes
- Food incident investigation, recall coordination, and corrective action support
The specific scope, deliverables, timeline, and fees for any engagement are set out in a separate written proposal, letter of engagement, or service agreement ("Engagement Agreement") issued by ANFSI and accepted by the Client. In the event of conflict between these Terms and an Engagement Agreement, the Engagement Agreement prevails to the extent of the inconsistency.
3. Eligibility and Authority
By engaging ANFSI, you represent and warrant that: (a) you are at least 18 years of age; (b) you have the legal capacity and authority to enter into a binding agreement; (c) if acting on behalf of a business entity, you are duly authorised to bind that entity to these Terms; and (d) all information you provide to ANFSI is accurate, complete, and not misleading.
4. Client Obligations
To enable ANFSI to deliver services effectively, you agree to:
- Provide timely, accurate, and complete information, documentation, records, and site access as reasonably requested by ANFSI
- Ensure that your premises are safe for ANFSI personnel to enter and conduct audit or consultancy activities
- Designate a primary contact person with authority to make decisions and provide approvals during the engagement
- Implement corrective actions, recommendations, and system changes identified by ANFSI in a timely manner, noting that ANFSI provides recommendations only and does not assume responsibility for your operational implementation
- Not interfere with, obstruct, or attempt to influence the outcome of any audit conducted by ANFSI, whether regulatory or commercial
- Comply with all applicable laws, regulations, and food safety standards relevant to your business operations
Failure to meet these obligations may result in delays, additional fees, or the inability of ANFSI to complete the engagement. ANFSI accepts no liability for outcomes affected by incomplete, inaccurate, or withheld information.
5. Fees, Payment, and Cancellation
5.1 Fees
All fees are quoted in Australian Dollars (AUD) exclusive of GST unless expressly stated otherwise. ANFSI will provide a written fee proposal before commencing any chargeable work. Additional fees may apply for out-of-scope work, travel, accommodation, after-hours engagements, or re-audits made necessary by Client non-conformances.
5.2 Payment Terms
Unless otherwise agreed in the Engagement Agreement, invoices are payable within fourteen (14) days of the invoice date. ANFSI reserves the right to charge interest on overdue amounts at the rate of 2% per month, or the maximum rate permitted by law (whichever is lower), calculated from the due date until payment is received in full. The Client is liable for all reasonable costs of debt recovery, including legal fees, collection agency fees, and court costs.
5.3 Cancellation and Rescheduling
If the Client cancels or reschedules an engagement:
- More than 5 business days notice: No cancellation fee applies.
- 2 to 5 business days notice: 50% of the quoted engagement fee is payable.
- Less than 2 business days notice or no-show: 100% of the quoted engagement fee is payable.
ANFSI may cancel or reschedule an engagement at any time due to auditor unavailability, safety concerns, or force majeure. In such cases, ANFSI will use reasonable efforts to reschedule at the earliest mutually convenient date at no additional cost to the Client.
6. Audit Independence and Impartiality
ANFSI conducts all auditing services with strict independence and impartiality in accordance with applicable regulatory requirements, including the requirements of state food authorities and international auditing standards. Audit findings, non-conformance classifications, and compliance determinations are based solely on objective evidence gathered during the audit and assessed against the applicable standard or regulatory requirement.
No Client may direct, influence, or request the alteration of audit findings, ratings, or outcomes. Any attempt to do so will be documented and may result in the immediate termination of the engagement and reporting to the relevant regulatory authority.
7. Limitation of Liability
7.1 General Limitation
To the maximum extent permitted by Australian law, the total aggregate liability of ANFSI to the Client arising out of or in connection with any engagement, whether in contract, tort (including negligence), statute, or otherwise, is limited to the total fees actually paid by the Client to ANFSI for the specific engagement giving rise to the claim.
7.2 Exclusion of Consequential Loss
ANFSI is not liable for any indirect, incidental, special, consequential, or punitive damages. This includes but is not limited to: loss of profits, loss of revenue, loss of business, loss of contracts, loss of goodwill, loss of data, business interruption, regulatory penalties, fines, prosecution costs, product recall costs, or any claim by a third party against the Client. This exclusion applies regardless of whether ANFSI was advised of the possibility of such damages.
7.3 No Guarantee of Compliance Outcomes
ANFSI provides professional food safety services based on the information available and the conditions observed at the time of the engagement. ANFSI does not guarantee that the Client will pass any future audit, achieve any specific certification, avoid any regulatory action, or be free from food safety incidents. Compliance is an ongoing operational responsibility of the Client. Audit findings and consultancy recommendations reflect a point-in-time assessment and do not constitute a warranty of ongoing compliance.
7.4 Shelf Life Studies
Shelf life validation results are based on laboratory analysis conducted by ANFSI's NATA-accredited laboratory partner under controlled conditions using samples provided by the Client. ANFSI does not warrant that shelf life results will be replicated under actual production, storage, or distribution conditions. The Client is solely responsible for ensuring that production processes, cold chain management, packaging integrity, and storage conditions are maintained at or above the standards under which testing was conducted.
7.5 Training Services
ANFSI training courses provide educational content for professional development purposes. Completion of any ANFSI training course does not guarantee regulatory compliance, certification by any external body, or competency in operational food safety tasks. The application of training content in the workplace remains the sole responsibility of the Client and the individual learner.
7.6 Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any rights or remedies that the Client may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable legislation, to the extent that such rights and remedies cannot be lawfully excluded, restricted, or modified. Where liability cannot be excluded under the Australian Consumer Law, ANFSI's liability is limited to, at ANFSI's election: (a) re-supplying the relevant services; or (b) paying the cost of having the relevant services re-supplied.
8. Indemnification
The Client agrees to indemnify, defend, and hold harmless ANFSI, its directors, officers, employees, contractors, auditors, and agents from and against any and all claims, demands, actions, liabilities, losses, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
- The Client's breach of these Terms or any Engagement Agreement
- The Client's failure to implement recommendations or corrective actions provided by ANFSI
- Inaccurate, incomplete, or misleading information provided by the Client to ANFSI
- Any food safety incident, product recall, or regulatory action relating to the Client's operations
- Any third-party claim arising from the Client's use of ANFSI's services, reports, or deliverables
9. Intellectual Property
All intellectual property rights in ANFSI's methodologies, audit frameworks, templates, training materials, course content, assessment instruments, procedures, systems, software, branding, logos, and proprietary tools remain the exclusive property of ANFSI. No licence, assignment, or transfer of intellectual property rights is granted to the Client except as expressly stated in the Engagement Agreement.
Deliverables produced specifically for the Client (such as customised HACCP plans, Food Safety Programmes, and SOPs) are licensed to the Client for the Client's internal operational use only, upon receipt of full payment. The Client must not resell, sublicense, distribute, publish, or share ANFSI deliverables with third parties without the prior written consent of ANFSI.
Training materials, course slides, handouts, assessments, and digital content provided during ANFSI training courses remain the intellectual property of ANFSI. Participants may retain personal copies for individual reference only. Participants must not reproduce, distribute, or commercially exploit any training content.
10. Confidentiality
Each party agrees to keep confidential all information received from the other party that is identified as confidential or that would reasonably be understood to be confidential ("Confidential Information"). Neither party will disclose Confidential Information to any third party without the prior written consent of the disclosing party, except:
- To employees, contractors, or advisers who need to know and are bound by equivalent confidentiality obligations
- As required by law, regulation, court order, or regulatory authority
- In the case of ANFSI, to the extent necessary to fulfil regulatory reporting obligations as a licensed TPA auditor
ANFSI's regulatory reporting obligations override any confidentiality arrangement. Where ANFSI identifies a critical food safety risk, an imminent public health hazard, or a matter that must be reported to a food authority under applicable legislation, ANFSI is obligated and authorised to report such matters to the relevant regulatory authority regardless of any confidentiality agreement or Client objection.
11. Data Collection and Privacy
ANFSI collects personal information through the Website and during service delivery. The types of personal information collected include names, email addresses, phone numbers, business names, business sectors, and enquiry details submitted via forms on the Website.
ANFSI handles all personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Full details are set out in ANFSI's Privacy Policy.
By submitting information through any form on the Website, you consent to ANFSI collecting, using, and storing that information for the purposes of responding to your enquiry, providing services, issuing invoices, and sending relevant communications about ANFSI's services. ANFSI does not sell, rent, or share your personal information with third parties for marketing purposes.
12. Website Use
12.1 Cookies and Caching
The Website uses LiteSpeed Cache technology to improve page load performance. This may place cookies on your device for caching purposes. The Website also loads Google Fonts, which may involve requests to Google servers. By using the Website, you consent to the use of these technologies. No advertising cookies, tracking cookies, or third-party analytics cookies are used on this Website at the time of publication.
12.2 Accuracy of Website Content
ANFSI takes reasonable steps to ensure that all information published on the Website is accurate and current. However, Website content is provided for general informational purposes only and does not constitute professional advice. ANFSI does not warrant that the Website content is complete, accurate, current, or free from errors. Specific regulatory obligations, compliance requirements, and technical standards should be confirmed directly with ANFSI or the relevant regulatory authority.
12.3 Availability
ANFSI does not warrant that the Website will be continuously available, uninterrupted, or error-free. ANFSI may suspend, modify, or discontinue any part of the Website at any time without notice.
13. Third-Party Links
The Website may contain links to third-party websites, including regulatory authority websites, laboratory partner websites, and professional body websites. These links are provided for convenience only. ANFSI does not control, endorse, or accept responsibility for the content, accuracy, or practices of any third-party website.
14. Force Majeure
ANFSI is not liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond ANFSI's reasonable control. This includes but is not limited to natural disasters, pandemics, epidemics, government restrictions, travel bans, industrial action, power failures, telecommunications failures, cyberattacks, and acts of terrorism.
15. Dispute Resolution
Any dispute arising out of or in connection with these Terms or any ANFSI engagement must first be the subject of good-faith negotiation between the parties for a minimum period of twenty-one (21) days. If the dispute is not resolved through negotiation, the parties agree to submit the dispute to mediation administered by the Australian Disputes Centre (ADC) in Sydney, NSW, before commencing any court proceedings. The costs of mediation are shared equally unless otherwise agreed. Nothing in this clause prevents either party from seeking urgent interlocutory relief from a court of competent jurisdiction.
16. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia, and any courts competent to hear appeals from those courts.
17. Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision is severed from these Terms to the extent of the invalidity. The remaining provisions continue in full force and effect.
18. Entire Agreement
These Terms, together with any applicable Engagement Agreement, Privacy Policy, and Disclaimer, constitute the entire agreement between the parties in relation to the subject matter. They supersede all prior discussions, representations, and agreements, whether written or oral.
19. Contact
For questions about these Terms of Service, contact:
Australian National Food Safety Institute Pty. Ltd.
Level 1, 457-459 Elizabeth Street, Surry Hills NSW 2010
Phone: (+61) 0489 200 205
Email: info@anfsi.com.au
Website: anfsi.com.au