Meat and Livestock Australia Limited (ABN 39 081 678 364) (“MLA") and its related bodies corporate including Integrity Systems Company Limited ABN 34 134 745 038 (together the “MLA Group”) operate and administer the My Feedback database (Database). The Database is a carcase feedback and reporting system designed to, among other things, link carcase data from several sources including the National Livestock Identification System, Meat Standards Australia and animal health databases with analytical tools, benchmarking reports and a ‘Solutions to Feedback’ library. The Database assists producers with understanding why their consignment did or did not comply with market requirements, including carcase compliance and animal disease and defect issues.
This is an agreement between you (User or You) and MLA and governs Your use of the Database.
User’s access to the Database is subject to the terms set out below and any additional terms, notices and disclaimers which appear in the Database (Terms of Use). By using the Database, User confirms that they accept these Terms of Use and agrees to comply with them.
1.1 MLA Group grants User a non-exclusive right to access and use the Database through their authorised account solely for its internal business purposes.
1.2 User may download and use data and materials from the Database solely for the User’s internal business use. User must not otherwise reproduce, adapt, store, communicate, print, display, publish or create derivative works from any part of the content of the Database for any other purpose without prior written consent of MLA Group.
2.1 User:
(a) acknowledges that:
(i) information contained in each of the Meat Standards Australia database and the National Livestock Identification System database and which relates to User’s business and/or livestock; and
(ii) data from Animal Health Australia’s national sheep health monitoring project which is contained in Animal Health Australia’s animal health database and which relates to User’s business and/or livestock , and direct Animal Disease and Defect uploads,
has been and will continue to be replicated in the Database; and
(b) confirms that it agrees to the replication described in subparagraph (a) above.
3.1 Where User is one of a multiple of users linked to an identifier such as a property identification code, Meat Standards Australia registration number or National Livestock Identification System operator code (Identifier), User:
(a) acknowledges and understands that:
(i) data relevant to all users linked to the Identifier will be available to all users linked to that Identifier; and
(ii) the data of each user linked to an Identifier is confidential to that user; and
(b) must not access or use the data of any other user linked to the Identifier without the other user’s approval.
4.1 User will require a username and password to access the Database. User is responsible for maintaining the confidentiality and security of its username and password and all use or activity that occurs on the account, including unauthorised use or activity.
4.2 User must:
(a) promptly notify MLA Group if there is any unauthorised use of User’s username or password or any unauthorised access to the Database;
(b) remove access to the Database from any persons who are no longer part of User’s internal business;
(c) comply with all relevant laws and regulatory requirements in connection with the Database;
(d) notify MLA Group of any inaccuracy of the information contained in the Database as soon as practicable after becoming aware of it; and
(e) ensure that its contact information, including its email address, in the Database and with MLA Group are correct and up to date.
4.3 User must not:
(a) attempt to circumvent the security of the Database;
(b) share User’s password or login credentials to the Database for reasons that are not related to User’s internal business purposes;
(c) use the Database under fraudulent or false pretences;
(d) use the Database to violate any applicable laws or regulations;
(e) use, disclose or seek to intercept data that is not intended for User; or
(f) knowingly introduce any malicious or disabling code, virus or similar into the Database or the MLA Group’s systems.
5.1 MLA Group uses security measures with the aim of keeping the Database secure; however, MLA Group:
(a) makes no warranty in respect of its security measures; and
(b) is not responsible for any misuse, loss or unauthorised access to, modification or disclosure of information related to the User in the Database.
5.2 User’s access to and use of the Database is at User’s own risk. User acknowledges that the internet is not secure and MLA Group cannot guarantee that the Database will be available at all times or fault or virus free.
5.3 User agrees that MLA Group is not liable to User or third parties if interference with or damage to User’s computer system occurs in connection with use of the Database or any linked websites.
6.1 User acknowledges and understands that:
(a) the information and materials contained in the Database are obtained from a variety of sources, including third party sources;
(b) MLA Group has not verified the information and materials provided by third parties and is not responsible for their accuracy, reliability or completeness; and
(c) User must make its own enquiries before using such information and materials from the Database to make decisions concerning its own interests. In particular, User should seek professional, agronomic, technical, financial and legal advice before taking any action or entering into any transaction based on or in reliance on the information and materials provided in the Database.
6.2 To the maximum extent permitted by law and without limiting clause 10.1, the Database is provided on an ‘as is’ basis and MLA Group does not warrant, guarantee or make any representations that the Database, its content, any websites linked to or from it or results generated from it will:
(a) meet User’s needs;
(b) be current, accurate, complete or reliable;
(c) be secure, free from errors, interruptions, viruses, worms, Trojan horses, bugs or similar components;
(d) not interfere with or damage User’s computer systems;
(e) not result in loss or corruption of data; or
(f) not infringe the intellectual property or other rights of third parties.
7.1 All rights (including intellectual property rights such as copyright) in and title to the Database are, as between MLA Group and User, owned by or licensed to MLA Group.
8.1 User acknowledges that the Database comprises confidential information and agrees that User must not:
(a) access any information in the Database other than the information which MLA Group has authorised User to access; and
(b) disclose the confidential information in the Database that does not relate to its business or livestock other than as expressly permitted by MLA Group or as otherwise required by law.
9.1 User consents to the collection, use and disclosure of its personal information in accordance with MLA Group’s privacy policy available at https://www.mla.com.au/general/privacy.
9.2 To the extent that User has provided information which may personally identify another individual, User warrants that User has notified the relevant individual that his/her information has been provided to MLA Group and will be handled by MLA Group in accordance with MLA Group’s privacy policy.
10.1 The Competition and Consumer Act 2010 (Cth) may confer rights, guarantees and remedies on User in relation to the provision by MLA Group of goods and services, which cannot be excluded, restricted or modified. MLA Group does not exclude those rights.
10.2 To the maximum extent permitted by law and without limiting clause 10.1, MLA Group’s liability for any implied terms in this agreement is excluded.
10.3 To the maximum extent permitted by law, MLA Group’s liability for breach of any consumer guarantee, which cannot be lawfully excluded, is limited at the option of MLA Group to:
(a) in the case of services supplied or offered by MLA Group, resupplying or paying the cost of resupplying the service; or
(b) in the case of goods supplied or offered by MLA Group, replacing the goods, supplying equivalent goods, repairing the goods or paying the cost of replacing, repairing or supplying equivalent goods.
10.4 To the maximum extent permitted by law and without limiting clause 10.1:
(a) MLA Group is not liable to User for any damages, losses, costs or expenses arising out of or in connection with:
(i) access to, use of or reliance on the Database and any information or materials contained in it; or
(ii) the unauthorised use of User’s username or password;
(b) in no event will MLA Group be liable to User (whether in contract, tort or otherwise) for any consequential, incidental or indirect loss or damage, or any loss of profit (whether direct or indirect), which may arise under this agreement; and
(c) MLA Group’s total liability to User under or in connection with this agreement is limited to $10,000.
11.1 User’s access to the Database may at any time be:
(a) suspended or restricted to allow for repairs and maintenance of the Database; or
(b) suspended or restricted if there is any suspected misuse of the Database by User or breach of any material terms of these Terms of Use by User.
11.2 MLA Group may cease operating the Database and terminate these Terms of Use at any time by providing at least 30 days’ notice to User, in which case MLA Group will remove the Service Kill Data from the Database.
12.1 User acknowledges that MLA Group, its related bodies corporate and licensees may use data from the Database in depersonalised, aggregated form for industry related purposes, and MLA Group may distribute the data from the Database in deidentified and aggregated formats without the consent of the User.
13.1 MLA may alter these Terms of Use from time to time and will provide User with written notice of these changes. User’s continued use of the Database following those changes indicates its acceptance of those changes.
13.2 MLA may assign any of its rights or novate any of its rights or obligations under these Terms of Use without the prior written consent of User to another company within the MLA Group. MLA will provide the User with notice of such assignment or novation.
14.1 These Terms of Use are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.