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Terms of Use


1.                  Introduction

1.1              Meat & Livestock Australia Limited ABN 39 081 678 364 (MLA) provides access to its Sheep Genetics website at http://www.sheepgenetics.org.au/ (Website) and the Sheep Genetics database which is available for searching at the Website (Database).

1.2              By accessing the Website you agree to comply with these Terms of Use (Terms), the MLA Privacy Policy, the MLA Cookies Policy and all other policies posted on the Website or incorporated into these Terms. 

1.3              If you do not wish to be bound by these Terms you must discontinue accessing, browsing or otherwise using the Website and Database.

2.                  Sheep Genetics

2.1              Sheep Genetics is a system for describing the genetic worth of animals used in the sheep industry, using the products LAMBPLAN and MERINOSELECT, and is based on the calculation of Australian Sheep Breeding Values (ASBVs), Flock Breeding Values (FBVs) or Research Breeding Values (RBVs). ASBVs, FBVs and RBVs are calculated from raw data collected by breeders, accredited service providers, accredited live animal ultrasound scanners, accredited footrot assessors, fleece testing businesses and laboratories that report faecal egg counts. The calculation of ASBVs, FBVs and RBVs may also incorporate genomic or DNA information from commercial genotyping laboratories.

2.2              MLA does not oversee or externally audit the collection of the ABSVs, FBVs, RBVs or the information from laboratories.

2.3              ASBVs, FBVs and RBVs only provide an estimate of animals’ true genetic merit.

3.                  Database and Website

3.1              Information in the Database includes but is not limited to pedigree, DNA information, ASBVs and FBVs and any other index values of animals in the sheep industry (Database Information).

3.2              The Database Information and the Website content is provided on an “as is” basis and is subject to change without notice.

3.3              The Database Information is based on data supplied by third parties and is published for informational purposes only. The Website is provided for your general information only.

3.4              Any reliance on the Database Information is at your own risk. MLA does not warrant the accuracy, completeness or usefulness of the Database Information.  MLA disclaims all liability and responsibility arising from any reliance you have on the Database Information and has no responsibility for the outcome of any action you take based on the Database Information. 

3.5              You acknowledge that:

(a)                you are responsible for checking that the Database Information you have obtained is up to date;

(b)                you are solely responsible for verifying the Database Information and confirming its accuracy and completeness;

(c)                 you are solely responsible for any use of the Database Information;

(d)                the Database Information is provided by third parties and MLA does not verify, check or otherwise confirm that the Database Information is accurate or reliable;

(e)                it is your responsibility to ensure that the Database Information and any livestock, products, services or information available on the Website or through the Database meet your specific requirements;

(f)                  you have not relied upon any representations or statements made by or behalf of MLA or its officers, employees, sub-contractors or agents other than as contained in these Terms;

(g)                genetic testing can only provide limited information about a condition or an animal and does not guarantee or rule out the existence of a condition or a characteristic of an animal;

(h)                the accuracy and interpretation of any animal test results and the information contained in these test results depends on various factors including environmental factors and the quality of the sample, none of which MLA guarantee.

4.                  Use of the Website and Database

4.1              While using the Website and Database you agree not to:

(a)                use the Website or the Database for any purpose prohibited by these Terms;

(b)                infringe any laws or third party’s rights;

(c)                 impersonate another person or entity;

(d)                provide any information to MLA or a third party which is misleading or deceptive, whether by any act or omission;

(e)                share information which reasonably identifies another person without their consent.  If you do share personal information about another person you acknowledge that you will have informed that person of the MLA Privacy Policy which sets out how MLA will handle their personal information;

(f)                  collect information about users of the Website or Database without their consent;

(g)                post or transmit to, from or through the Database content which infringes a third party’s rights, is misleading or deceptive, is false or otherwise inaccurate, is unlawful, is threatening, is defamatory, is obscene, is scandalous, is inflammatory, is pornographic, is profane or constitutes spam, pyramid schemes, chain letters or unsolicited or bulk electronic communications;

(h)                distribute viruses or other technologies that may harm the Website or Database or harms the property or interests of other users of the Database;

(i)                  data mine or conduct automated searches of the Website or Database, or use automated means to access or use the Website or Database;

(j)                  hinder or interfere or attempt to hinder or interfere with the operation of the Website or Database;

(k)                breach these Terms or any policies incorporated into these Terms.

4.2              Unauthorised use of the Website or Database may give rise to a claim for damages and/or be a criminal offence.

5.                  Account and password

5.1              You may require an account and password to access the Database.

5.2              You are responsible for maintaining the confidentiality of your password and account information and for all conduct carried out under this password and account. MLA is not liable for any loss of confidentiality or for any damages arising from your failure to comply with these requirements.

6.                  Your content

6.1              You grant MLA a non-exclusive, irrevocable, worldwide, fee-free, perpetual licence to use, reproduce, modify, adapt, disclose, publish, store, distribute, print, display, translate, communicate, transmit or otherwise use all content you post using the Database.

6.2              In making your content available on the Database you waive all moral rights in the content you post on the Database as that term is defined in the Copyright Act 1968 (Cth) and you warrant that you have the right to grant the rights under this clause 6.

7.                  Disclaimer

7.1              You access and use the Website, Database and Database Information at your own risk.  MLA makes no guarantee that the Website or Database will operate continuously or securely, error-free or in a timely manner, or free of bugs, viruses, interference or harmful applications.  MLA has no liability for the Database Information, for any advertisements on the Website or Database, or for your conduct or another user’s conduct when using the Website or the Database.

7.2              To the fullest extent permitted by law MLA excludes all implied warranties, terms and conditions, guarantees and representations and MLA is not liable for any damages, including monetary damages, damages to goodwill or reputation or damages which are consequential, indirect or special and which relate to your use of the Website, Database or Database Information, or any inability you have to use the Website, Database or Database Information. 

7.3              Where MLA cannot limit the above remedies, MLA expressly limits its liability for breach of a non-excludable statutory guarantee to the supply of the Database again or the supply of the Database Information again, or Website content again, whichever is less.

8.            Release

To the fullest extent permitted by law, you release and indemnify MLA and its officers, employees, sub-contractors and agents from and against:

8.1              all actions, claims, proceedings or demands by any person in respect of any loss, damage, cost, expense or injury which may be brought against MLA whether on its own or jointly and whether at common law, in equity, pursuant to legislation or otherwise, arising out of reliance on, and use or dissemination of, the Database Information;

8.2              all damages, costs and expenses incurred in defending or settling any such claim, proceeding or demand; and

8.3              any liability, damages, cost and expenses incurred by MLA resulting from a breach of these Terms by you.

9.                  Limiting or restricting use of the Database

Without limiting MLA’s rights and remedies pursuant to these Terms, or at law, or in equity, MLA may suspend, terminate or otherwise limit your use of the Database, including any account you establish to access the Database and take appropriate legal and technical steps to keep you off the Database where MLA has reason to believe that you are not complying with these Terms, have provided false information, are breaching the law or the intellectual property rights of a third party or are creating liability relating to the Website or Database.

10.         MLA content

10.1           All intellectual property rights in the content on the Website and Database (including text, graphics, photographs, icons and software) is owned by MLA or lawfully used by MLA and is protected by copyright law or trade mark law.

10.2           In accessing the content on the Website and Database you agree that you will not remove, obscure or alter any copyright notice or trade mark on any content that you access and use and that you will not use any of the trade marks appearing on the Website or Database without the prior written permission of the trade mark owner.

10.3           Except where necessary for, or incidental to, your viewing or use of the content on the Website, Database or as permitted by the Copyright Act 1968 (Cth) and any other applicable laws, no Website or Database content may be adapted, reproduced, published, stored, distributed, printed, displayed, translated, reverse engineered, disassembled, performed, transmitted, published or be contained in any derivative works.

11.              Technology

MLA may use cookies and technology on the Website and information on these cookies and any other technology is available at MLA Cookies Policy.

12.              Privacy

Your personal information will be collected and handled in accordance with MLA’s Privacy Policy which can be found at MLA Privacy Policy. If you do not provide the personal information requested, you may not be able to obtain access to the Database and the Database Information.

13.              Links to other websites

13.1           This Website and the Database may include hyperlinks to other websites operated by third parties.  These links are provided for your convenience.  MLA does not guarantee that the hyperlinks to other websites will remain current, or that the hyperlinks will be maintained. 

13.2           The provision of hyperlinks does not represent or signify that MLA endorse, approve, recommend or prefer the website(s) or the content on those websites.  MLA has no responsibility for the content of the linked website(s) and you use the linked website at your own risk.

13.3           Your access and use of third party websites are subject to the terms and conditions on those websites.  You should exercise caution when visiting third party websites and check the terms and conditions of each website prior to use.

14.              Security of information

MLA is unable to control the operation and security of the internet and third party networks, facilities and services.  You assume all risk and liability of your use of the internet and any third party networks, facilities and services, including any access to the Website and Database.

15.              Severability

If any provision in these Terms is or becomes illegal, unenforceable or invalid in any jurisdiction, that provision will be severed in the relevant jurisdiction, and the remaining provisions in the Terms will remain in force.

16.              No agency

MLA does not provide the Website or Database as an agent and MLA are not an agent for any person or entity using the Website or Database.

17.              Changes to the Terms

17.1           MLA may change these Terms.  Any amendments to the Terms will be effective immediately on publication to the Website. 

17.2           You are encouraged to check the Website to view the current Terms as your continued use of the Website and Database after an amendment to the Terms constitutes your agreement to comply with, and be bound by, the amended Terms. 

18.              Governing law

These Terms are governed by the laws in force in New South Wales, Australia, which will have exclusive jurisdiction over any disputes relating to these Terms and you submit you to the non-exclusive jurisdiction of the courts in the New South Wales, Australia, and any courts which may hear appeals from those courts.

19.              Contacting MLA

If you have any enquiries about the Website or Database, you can contact us by email at info@sheepgenetics.org.au or by calling 02 8055 1818.

 

Last updated: 3 September 2020