Terms and conditions - MLA Pasture Dieback app
1. General
Important: These Terms of Use include terms that limit MLA’s liability in connection the MLA Pasture Dieback App and allow MLA to disclose your personal information to third parties in accordance with MLA’s privacy policy.
1.1 This mobile application (MLA Pasture Dieback 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 Pasture Dieback App including, in the case of any minor, the minor's parent or guardian.
1.3 Your access to the MLA Pasture Dieback App is subject to these terms and any additional terms, notices and disclaimers which appear on the MLA Pasture Dieback App.
1.4 MLA may alter part or all of these Terms of Use from time to time. Please check these Terms of Use regularly before using this App to ensure you are aware of any changes. MLA will also provide you with notice of any material changes to these Terms of Use at least 7 days before the changes become effective. 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 Pasture Dieback App, its content and design are owned or licensed by MLA.
2.2 Except where permitted by law or by the MLA Pasture Dieback 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 Pasture Dieback App, its content or design; or
b) commercialise any information, products or services obtained from any part of the MLA Pasture Dieback App without the prior written consent of MLA.
3. Trademarks
3.1 All trademarks, trade names, service marks and other product and service names and logos on the MLA Pasture Dieback App are owned by or licensed to MLA and are protected by applicable trademark and copyright laws.
4. Collection of information
4.1 MLA may make a record of your use of the MLA Pasture Dieback App. This information may include your server address, domain name, IP address, the date and time of your use, MLA Pasture Dieback 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 Pasture Dieback App, MLA will collect, use and disclose this information in accordance with its privacy policy.
5. Security
5.1 MLA use appropriate technical and organisational measures with the aim of making all information received from you secure against misuse, accidental loss, destruction or damage, and unauthorised access, modification and disclosure. However, MLA makes no warranty in respect of the security measures of the MLA Pasture Dieback App and, subject to applicable privacy and data protection laws (in respect of personal information and personal data only), 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 Pasture Dieback App is at your own risk. The internet is not secure, and we cannot guarantee that the MLA Pasture Dieback App will be available or fault or virus free.
6. Cookies
6.1 The MLA Pasture Dieback App uses “cookie” technology to assist in identifying registered users and delivering content specific to your interest. The MLA Pasture Dieback 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 Pasture Dieback 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 Pasture Dieback App;
c) create derivative works of or form the MLA Pasture Dieback App or any part of it;
d) incorporate the MLA Pasture Dieback 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 Pasture Dieback App, its servers and networks; or
f) remove, alter or obscure any copyright, trademark or trade name that appear in the MLA Pasture Dieback 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 are excluded.
8.2 Subject to clause 8.1 and to the maximum extent permitted by law, this MLA Pasture Dieback 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 Pasture Dieback App, including the correctness, accuracy, reliability, completeness or currency of the MLA Pasture Dieback App or that security of the MLA Pasture Dieback App will not be breached.
8.3 Subject to clause 8.1 and to the maximum extent permitted by law, MLA disclaims all warranties and guarantees that the MLA Pasture Dieback 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 Pasture Dieback App.
8.5 MLA’s total liability to you for all claims and loss in connection with these Terms of Use (including for breach of contract, negligence, or breach of any other law) is limited to $1,000.
8.6 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.
8.7 MLA will not be liable for any loss of profit or for any special, indirect, consequential, or economic loss or damage.
9. Governing Law
9.1 The MLA Pasture Dieback 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.
