Terms and conditions - MLA market information app

1. General

1.1 This mobile application (MLA App) is owned and operated by Meat & Livestock Limited (ABN 39 081 678 364) ("MLA", "we", "us" or "our").

1.2 "You" or "your" means a user of the MLA App including, in the case of any minor, the minor's parent or guardian.

1.3 Your access to the MLA App is subject to these terms and any additional terms, notices and disclaimers which appear on the MLA App.

1.4 MLA may alter part or all of these Terms of Use from time to time without notice.  Please check these Terms of Use regularly before using this App to ensure 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 this App. Your continued use of this App after these terms of use have been modified constitutes your acceptance of them.

2. Copyright

2.1 All rights (including intellectual property rights such as copyright) in the MLA App , its content and design are owned or licensed by MLA.

2.2 Except where permitted by law or by the MLA App, you may not:
a) adapt, reproduce, store, distribute, transmit, communicate, print, display, perform, publish or create derivative works from any part of the MLA App, its content or design; or
b) commercialise any information, products or services obtained from any part of the MLA App without the prior written consent of MLA.

3. Trade Marks

3.1 All trade marks, trade names, service marks and other product and service names and logos on the MLA App are owned by or licensed to MLA and are protected by applicable trade mark and copyright laws.

4. Collection of information

4.1 MLA may make a record of your use of the MLA App. This information may include your server address, domain name, IP address, the date and time of your use, MLA App accessed, frequency of use, location, information provided, data provided and the type of device used.

4.2 You grant MLA a perpetual, royalty free licence to use this information for any purpose, including marketing, research and promotion of our products and services from time to time. 

4.3 If MLA requires you to input personal information into the MLA App, MLA will collect, use and disclose this information in accordance with its privacy policy.

5. Security

5.1 MLA makes no warranty in respect of the security measures of the MLA App and is not responsible for any misuse, loss and unauthorised access, modification and disclosure of information provided by you to MLA.

5.2 Your access to and use of this MLA App is at your own risk.  The internet is not secure and we cannot guarantee that the MLA App will be available or fault or virus free.

6. Cookies

6.1 The MLA App uses “cookie” technology to assist in identifying registered users and delivering content specific to your interest. The MLA App may collect personally identifiable information through the use of such cookies. 

6.2 If you do not wish information to be gathered on a cookie you should disable the acceptance of cookies on your device. Your Internet Service Provider may be able to assist you with this.

6.3 As with all of your personal information, MLA will not provide this to third parties without your consent, except where:
a) such disclosure is permitted under the Privacy Act 1988 (Cth);
b) MLA is required by law to disclose information to third parties; or
c) MLA has outsourced some internal functions to third parties.

7. Non-interference

7.1 You agree not to:
a) make copies or reproductions of the MLA App or any part of it, except as necessary to install and use the MLA App in accordance with these Terms of Use;
b) reverse engineer, decompile or disassemble any part of the MLA App;
c) create derivative works of or form the MLA App or any part of it;
d) incorporate the MLA App or any part of it into any product or service without the prior written consent of MLA;
e) post, transmit, or otherwise make available through or in connection with the MLA App any virus, worm, spyware, or other computer code, file or program that is harmful or invasive or that may or is intended to damage, hijack, or disrupt the operation of the MLA App, its servers and networks; or
f) remove, alter or obscure any copyright, trademark or trade name that appear in the MLA App.

8. Liability

8.1 The Competition and Consumer Act 2010 (Cth) may confer rights, guarantees and remedies on you in relation to the provision by MLA of goods and services, which cannot be excluded, restricted or modified. MLA does not exclude those rights.  All other terms and guarantees are excluded.

8.2 Subject to clause 8.1, this MLA App is provided on an 'as is' basis and MLA does not warrant, guarantee or make any representation regarding the use, or the results of the use of the MLA App, including the correctness, accuracy, reliability, completeness or currency of the MLA App or that security of the MLA App will not be breached.

8.3 To the maximum extent permitted by law, MLA disclaims all warranties and guarantees that the MLA App and its content:
a) will be error free;
b) will operate without interruption; or
c) are free of viruses, worms, bugs or similar components.

8.4 MLA is not liable to you or third parties if interference with or damage to your device occurs in connection with use of the MLA App and MLA excludes all liability whether to you or a third party for breach of contract, negligence or breach of any other law.

8.5 MLA's liability for breach of any consumer guarantee, which cannot be excluded, is limited at the option of MLA to:
a) in the case of services supplied or offered by MLA, which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, resupplying or paying the cost of resupplying the service; or
b) in the case of goods supplied or offered by MLA, which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, replacing, supplying equivalent, repairing or paying the cost of replacing, supplying equivalent, repairing goods.

8.6 MLA will not be liable for any loss of profit or for any direct, special, indirect, consequential or economic loss or damage.

9. Governing Law

9.1 The MLA App's server is hosted in the State of New South Wales, Australia. These Terms of Use are governed by the law applicable in NSW.