eNVD web and app - Terms of Use

eNVD web and app - Terms of Use

1. General

  • This eNVD web application (eNVD Web) and this eNVD mobile application (eNVD Mobile) are owned and operated by Integrity Systems Company Limited (ABN 34 134 745 038) (“ISC”, “We”, “Us” or “Our”). ISC is a wholly owned subsidiary of Meat & Livestock Australia Limited (ABN 39 081 678 364) (‘MLA’).
  • “You” or “Your” means a user of eNVD Web or eNVD Mobile including, in the case of any minor, the minor's parent or guardian.
  • Your access to eNVD Web or eNVD Mobile is subject to these Terms of Use and any additional terms, notices and disclaimers which appear on eNVD Web or eNVD Mobile.
  • ISC may alter these Terms of Use from time to time. Please check these Terms of Use regularly before using eNVD Web or eNVD Mobile to ensure that You are aware of any changes. If You do not agree to any changes made to these Terms of Use, You should not continue to use eNVD Web or eNVD Mobile. Your continued use of eNVD Web or eNVD Mobile after these Terms of Use have been modified constitutes Your acceptance of them.

2. Use

  • You must not, directly or indirectly, use eNVD Web or eNVD Mobile for any purpose other than in accordance with these Terms of Use and any reasonable directions given by ISC from time to time.
  • All access to eNVD Web is via the eNVD URL, where You can login via Your myMLA account.
  • If You are a producer of livestock (“Producer”), You acknowledge and agree that when using eNVD Web or eNVD Mobile You will:

(a)     confirm that You have been accredited by ISC under the Livestock Production Assurance (“LPA”) Program when You register for eNVD Web or eNVD Mobile for the first time;            

(b)     abide by and act in accordance with the LPA Rules and Standards at all times (which apply in respect of NVDs created through eNVD Web and eNVD Mobile);

(c)     be able to create a digital livestock consignment form (“Consignment Form”), fill in the relevant consignment information in the fields provided and edit the information that You have provided in the Consignment Form;

(d)     ensure all information entered on the Consignment Form is true and correct to the best of Your knowledge, and that it is accurate and complete;

(e)     digitally submit the Consignment Form onto ISC’s eNVD platform (“Platform”) including any Attachments to capture documents that need to accompany the livestock;

(f)      be able to modify the Movement Time and Date, Description of Livestock and Transporter Details fields in the Consignment Form until the status of the Consignment Form changes from Submitted to Complete;

(g)     be able to add Viewers to the Consignment Form;

(h)     be able to add Comments to the Consignment Form;

(i)      be able to share the Consignment Form with other parties using other parties’ registered myMLA email ID or the QR code feature on eNVD Mobile;

(j)      be unable to make other edits or modifications to the Consignment Form after it has been submitted to the Platform;

(k)     be able to delete a submitted Consignment Form until its status changes from Submitted to Complete;

(l)      be able to view a PDF copy of any Consignment Form that You have permission to view; and

(m)    cease using eNVD Web and eNVD Mobile if Your LPA accreditation is withdrawn, or if ISC notifies You that ISC reasonably considers that You have breached any of these Terms of Use.

  • If You are a transporter of livestock (“Transporter”), You acknowledge and agree that in relation to Your use of eNVD Web or eNVD Mobile, You will:

(a)     not be able to create or submit any Consignment Forms;

(b)     be able to edit the Transporter Details and add other Transporters to a Consignment Form;

(c)     be able to add Comments to a Consignment Form;

(d)     be able to view a PDF copy of any Consignment Form that You have permission to view;

(e)     cease using eNVD Web and eNVD Mobile if ISC notifies You that ISC reasonably considers that You have breached any of these Terms of Use.

  • If You are a receiver of livestock (“Receiver”), You acknowledge and agree that in relation to Your use of eNVD Web or eNVD Mobile, You will:

(a)     be able to view a Consignment Form which has been shared with You by a Producer and has been addressed to Your Property Identification Code (“PIC”);

(b)     be provided with read-only access to verify Your receipt of livestock;

(c)     be able to add Comments to a Consignment Form;

(d)     be able to view a PDF copy of a Consignment Form that You have permission to view; and

(e)     cease using eNVD Web and eNVD Mobile if ISC notifies You that ISC reasonably considers that You have breached any of these Terms of Use.

  • If You are the buyer of livestock (“Buyer”), You acknowledge and agree that in relation to Your use of eNVD Web or eNVD Mobile, You will:

(a)     be able to view a Consignment Form which has been shared with You by a facilitator of livestock (“Facilitator”) and has been addressed to Your PIC, or linked to You via Your registered myMLA email ID;

(b)     be provided with read only access to verify Your receipt of livestock;

(c)     be able to view a PDF copy of any Consignment Form that You have permission to view; and

(d)     cease using eNVD Web and eNVD Mobile if ISC notifies You that ISC reasonably considers that You have breached any of these Terms of Use.

  • If You are a Facilitator, You acknowledge and agree that in relation to Your use of eNVD Web or eNVD Mobile, You will:

(a)     be able to view a Consignment Form which has been shared with You by a Producer and has been addressed to Your PIC;

(b)     be able to add Comments to a Consignment Form;

(c)     be able to add Buyers to a Consignment Form;

(d)     be able to view a PDF copy of any Consignment Form that You have permission to view; and

(e)     cease using eNVD Web and eNVD Mobile if ISC notifies You that ISC reasonably considers that You have breached any of these Terms of Use.

  • If You are an administrator of livestock, You acknowledge and agree that in relation to Your use of eNVD Web or eNVD Mobile, You will:

(a)     not be able to create, edit or submit any Consignment Form;

(b)     be provided with read-only access to Consignment Forms;

(c)     be able to view a PDF copy of any Consignment Form that You would like to view; and

(d)     cease using eNVD Web and eNVD Mobile if ISC notifies You that ISC reasonably considers that You have breached any of these Terms of Use.

  • If You are viewing eNVDs as a viewer (“Viewer”), You acknowledge and agree that in relation to Your use of eNVD Web and eNVD Mobile, You will:

(a)     not be able to create, edit or submit any Consignment Form;

(b)     be able to view a Consignment Form which has been shared with You via Your registered myMLA email ID;

(c)     be able to add Comments to a Consignment Form; and

(d)     cease using eNVD Web and eNVD Mobile if ISC notifies You that ISC reasonably considers that You have breached any of these Terms of Use.

3. Our Responsibility

  • ISC is not responsible for any transactions which occur through, or as a result of, Your use of eNVD Web or eNVD Mobile. You acknowledge that ISC is not a party to such transactions and has no liability in connection with them.
  • You acknowledge that ISC does not have control over livestock and services transacted through eNVD Web or eNVD Mobile.
  • ISC does not provide any warranties with regards to the quality or accuracy of any information that You or other users input into eNVD Web or eNVD Mobile.
  • Subject to clause 3.5 below, ISC will use best endeavours to give You at least 5 business days’ notice in advance of implementing any upgrades, modifications or alterations to eNVD Web, eNVD Mobile or these Terms of Use (“Service Update”) if ISC reasonably believes that the Service Update will (or may) prejudice Your and other users’ ability to use eNVD Web or eNVD Mobile.
  • ISC may implement a Service Update with no notice, or less notice than specified in clause 3.4, if it reasonably believes that the Service Update is critical for maintaining the integrity and/or security of eNVD Web or eNVD Mobile, and that compliance with clause 3.4 is inappropriate in the circumstances.

4. Lapse of LPA Accreditation

4.1    If Your LPA accreditation lapses, You acknowledge and agree that Your use of the eNVD Web and eNVD Mobile will be limited to read-only access to the data associated with Your PIC.

5. Copyright

5.1    All rights (including intellectual property rights) in eNVD Web and eNVD Mobile, including their content and design, are owned or licenced by ISC.

5.2    Except where permitted by law, You must not:

(a)     adapt, reproduce, store, distribute, transmit, communicate, print, display, perform, publish, or create derivative works of or from any part of eNVD Web or eNVD Mobile; or

(b)     commercialise any information, products or services obtained from any part of eNVD Web or eNVD Mobile without the prior written consent of ISC.

6. Trade Marks

6.1     All trade marks, trade names, service marks and other product and services names and logos on eNVD Web and eNVD Mobile are owned by or licensed to ISC and are protected by applicable trade mark and copyright laws.

7. Collection of Information

7.1    ISC may make a record of information related to Your use of eNVD Web or eNVD Mobile (“User Information”). User Information may include Your server address, domain name, IP address, the date, time and frequency of Your use, location, type of device used, and information and data provided.

7.2    You grant ISC a perpetual, royalty free licence to use User Information for any purpose, including marketing research and promotion of our products and services.

8. Privacy

8.1    In this clause 7, Personal Information has the same meaning as in the Privacy Act 1988 (Cth).

8.2    If You are requested to provide Personal Information as part of Your use of eNVD Web or eNVD Mobile, this information will be encrypted. ISC will collect, use and disclose any Personal Information in accordance with MLA’s Privacy Policy, the LPA Rues and Standards and NLIS Terms of Use. If You do not provide the Personal Information requested, ISC may not be able to manage Your membership or provide You with its products and services.

8.3    ISC may use, disclose, share, report and/ or publish Your Personal Information:

(a)     as permitted under the Privacy Act 1988 (Cth);

(b)     as required by law;

(c)     for statistical purposes; and

(d)     as specified in these Terms of Use.

8.4    You acknowledge and agree that ISC may disclose Personal Information collected as part of Your use of eNVD Web and eNVD Mobile:

(a)     for inclusion on, and to improve the interoperability of, other databases administered by ISC and MLA including, but not limited to, NLIS, myFeedback and ISC Company Data Platform;

(b)     to third party service providers for the purpose of MLA’s and ISC’s business only, including specialist advisers to MLA and ISC who have been engaged to provide legal, administrative, financial, insurance, research, information technology, marketing or other services;

(c)     to MLA’s and ISC’s related entities, international offices and representatives for the purpose of MLA’s and ISC’s business only;

(d)     for the purposes of the LPA Program and other related business purposes of the LPA Administration;

(e)     for the LPA Register, some of which will be made available to the general public to enable users to determine the status in respect of accreditation of a producer and PIC;

(f)      to an auditor for the purpose of that auditor carrying out an LPA Evaluation in relation to an accredited producer of a PIC;

(g)     to participants of the NLIS; and

(h)     to AUS-MEAT for the purposes of an audit.

9. Security

9.1    ISC takes reasonable care to ensure the security of eNVD Web and eNVD Mobile. However, security is a joint responsibility and ISC is not responsible for any misuse, loss, unauthorised access, modification or disclosure of information provided by You to ISC through Your use of eNVD Web or eNVD Mobile, except to the extent it is caused by ISC’s gross negligence.

9.2    Your access to and use of eNVD Web or eNVD Mobile is at Your own risk. The internet is not secure and We cannot guarantee that eNVD Web or eNVD Mobile will always be available or kept fault or virus free. You are responsible for ensuring that Your login details are kept secure.

10. Non-Interference

10.1    You agree not to:

(a)     copy, reproduce, distribute or publish eNVD Web, eNVD Mobile or any part of them, except as necessary to install and use eNVD Web or eNVD Mobile in accordance with these Terms of Use;

(b)     incorporate eNVD Web, eNVD Mobile, or any part of them into any product or service without the prior written consent of ISC;

(c)     reverse-engineer, decompile, translate or disassemble any part of eNVD Web or eNVD Mobile, or introduce, upload or transmit any ‘back door’, ‘timebomb’, ‘logic bomb’, ‘Trojan Horse’, ‘worm’, ‘drop dead device’, ‘DoS attacks’, ‘DDoS attacks’, ‘virus’ or any other malware, spyware or computer software routine having the effect of permitting unauthorised access to or use of any of ISC’s systems, networks, servers, data or software; or disabling, damaging, corrupting, interrupting, erasing, disrupting or impairing the normal operation of any part of ISC’s systems, networks, servers, data or software; and

(d)     remove, alter or obscure any copyright, trade mark or trade name that appears in eNVD Web or eNVD Mobile

11. Liability

11.1  The Competition and Consumer Act 2010 (Cth) may confer rights, guarantees and remedies on You in relation to ISC’s provision of goods and services, which cannot be excluded, restricted or modified. ISC does not exclude those rights but limits its liability (at ISC’s option) to the resupply of the relevant services, or the payment of the cost of resupplying the relevant services.

11.2  Subject to clause 10.1, eNVD Web and eNVD Mobile are provided on an ‘as is’ basis. ISC takes reasonable care to ensure the correctness, accuracy, reliability, completeness and currency of eNVD Web and eNVD Mobile. However, due to the considerable third party input into eNVD Web and eNVD Mobile, ISC cannot guarantee that eNVD Web, eNVD Mobile and their content:

(a)     will be error free;

(b)     will operate without interruption;

(c)      are free of viruses, worms, bugs or similar components.

11.3  ISC is not liable to You or third parties in connection with any of the matters in clause 10.2, or if interference or damage to Your device occurs in connection with Your use of eNVD Web or eNVD Mobile.

11.4  ISC limits its aggregate liability to You under or in respect of these Terms of Use, whether in contract, tort (including negligence), statute or any other cause of action to $1,000.

11.5  The liability cap in clause 10.4 does not apply to the extent that any liability, loss, damage or costs incurred by You was the result of gross negligence on the part of ISC.

11.6  ISC is not liable for any loss of profit or for any special, indirect, consequential, or economic loss or damage.

12. Governing law

12.1  eNVD Web and eNVD Mobile’s server is hosted in Australia. These Terms of Use are governed by the law of New South Wales.

Last updated: January 2024