Terms and conditions

INTRODUCTION AND DEFINITIONS:

  1. Web site terms: The Applications provided as part of this web site are provided by Livestock Improvement Corporation Limited as a product and/or service and may only be accessed and used in accordance with these terms and conditions. By completing the registration requirements for any Application on this web site you acknowledge and agree to be bound by and comply with these terms and conditions.

    If you do not agree with these terms and conditions you must refrain from using any Application on this web site.

  2. Service Rules: In addition to these terms and conditions, all products and services supplied by Livestock Improvement Corporation Limited (whether directly or indirectly) are supplied subject to the Conditions and Services Rules applicable from time to time, a copy of which may be obtained at the following link: http://www.lic.co.nz/lic_Products_and_Services_Catalogue.cfm. If there are any inconsistencies between these terms and conditions and the Conditions and Service Rules, the Conditions and Service Rules shall prevail.

  3. Amendments: We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon publication on this web site. Your continued use of the web site following such publication will represent an agreement by you to be bound by the terms and conditions as amended.

  4. Definitions: In these terms and conditions, the following terms will, unless the context otherwise admits or requires, have (with or without the definite article) the following meanings:

    Application means any MINDA™ website software application including but not limited to, MINDA Milk and MINDA Land and Feed and includes all software, features, content on this web site.

    Beta Application means an Application that is described as a beta version of that Application which is being tested prior to its commercial release.

    Conditions and Service Rules means Livestock Improvement Corporation Limited’s Conditions and Services Rules as described in clause 1.2 above.

    We and us are references to Livestock Improvement Corporation Limited and our has a corresponding meaning.

    You is a reference to the person or entity who has accepted these terms and conditions and your has a corresponding meaning. Where there is more than one person who has accepted these terms and conditions you is a reference to all of them jointly and each of them severally.

  5. Capitalised Terms: Capitalised terms not otherwise defined in these terms and conditions shall have the meaning given to them in the Service Rules.

  6. Headings: Headings inserted in this Agreement are for convenience of reference only and do not affect the interpretation of this Agreement.

REGISTRATION AND ACCESS:

  1. Registration: In order to be able to access and use an Application you must first register as a user of that Application by completing registration as provided on this web site. Once you have registered as a user of an Application, you may immediately use the Application in accordance with these terms and conditions and as directed by us from time to time.

  2. Information Warranty: By completing the registration required for any Application, you warrant that all information provided by you as part of that registration is accurate, up to date, relevant and complete. It is your responsibility to notify us of any changes to that information.

  3. Access: We will use all reasonable endeavours to provide you with uninterrupted access to any Applications for which you are registered subject always to any necessary downtime that may be required for system maintenance, repairs and updating or loss of access resulting from matters beyond our reasonable control.

  4. Authority Warranty: By registering for any Application you warrant that you are the owner of the herd and/or land that information is provided in respect of or that you have the express authority of the owner of that herd and/or land to access the respective Application and view or modify that information from time to time.

DISCLAIMER

  1. No guarantee: We do not guarantee that any Application is error free and that the existence of any errors will not constitute a breach of any contract between you and us. We provide no warranty, whether express or implied, as to title, that the Application is free of defects, of merchantable quality, fit for a particular purpose or non-infringing. The entire risk as to quality and performance is borne by you.

  2. No warranty: You agree and acknowledge that each Application is provided to you for a business purpose, and that farming carries inherent risks and variables which are outside our control and which may affect the results achieved through the use of any Application. We do not give, and our employees, servants and agents do not have the authority to give any representation or warranty of any sort, whether express or implied, in respect of the results and/or performance to be achieved or expected from the use of any Application.

  3. No liability: We do not accept liability for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with the use of any Application or this web site generally by you or any third party (whether or not they are specifically authorised to use any Application), nor do we accept any responsibility for any such loss or damage arising out of the use of or reliance on information contained on, or accessed through, any Application or this web site generally by you or any third party.

  4. Implied warranties excluded: To the extent permitted by law, any condition or warranty, which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

    1. if the breach relates to goods:

      1. the replacement of the goods or the supply of equivalent goods;

      2. the repair of such goods;

      3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or

      4. the payment of the cost of having the goods repaired; and

    2. if the breach relates to services:

      1. the supplying of the services again; or

      2. the payment of the cost of having the services supplied again.

SPECIFIC WARNINGS

  1. No illegal access: You must ensure that your access to any Application is not illegal or prohibited by laws that apply to you.

  2. Risk: You must take your own precautions to ensure that the process that you employ for accessing any Application does not expose you to the risk of viruses, malicious computer code or other forms of interference, which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system, which arises in connection with your use of any Application or this web site generally.

  3. No warranty: We do not warrant the accuracy, adequacy or completeness of any information provided as part of an Application or this web site generally. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained in any Application or this website generally.

COPYRIGHT

  1. Copyright in each Application and this web site generally (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1994 and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not, without our written permission, in any form or by any means:

    1. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any Application; or

    2. commercialise any information, products or services obtained from any part of this web site.

TRADE MARKS

  1. Registered trade marks: Except where otherwise specified, any word or device to which is attached the TM or ® symbol is a registered trade mark.

  2. Use: If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

    1. in or as the whole or part of your own trade marks;

    2. in connection with activities, products or services which are not ours;

    3. in a manner which may be confusing, misleading or deceptive; or

    4. in a manner that disparages us or our information, products or services (including any Application or this web site generally).

RESTRICTED USE

  1. You are only authorised to print a copy of any information contained on this web site for use within your business, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this web site.

PRIVACY POLICY

  1. We undertake to comply with the terms of our privacy policy, which is found here.

SECURITY OF INFORMATION

  1. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

GOVERNING LAW

  1. These terms and conditions shall be subject to and must be interpreted in accordance with the laws of New Zealand.

  2. With respect to any legal action or proceedings which may be brought at any time in respect of these terms and conditions, you agree to:

    1. submit to and accept, for yourself and your assets, generally and unconditionally, the non-exclusive jurisdiction of any of the courts of New Zealand; and

    2. waive any objection you may have now or in the future to the venue of such action or proceedings and any claim you may have now or in the future that any such action or proceedings has been brought in an inconvenient forum.

BETA APPLICATIONS

  1. Where you are participating in a beta testing program operated by us for any Beta Application, you acknowledge and agree that:

    1. the Beta Application is a beta version of the final Application and it is still undergoing testing and development;

    2. the Beta Application, its software, features and content may be accessed by you on an “as is” and “as available” basis and may contain errors, bugs, glitches, defects or inaccuracies that could cause failures, corruption or loss of data; and

    3. all errors, bugs, glitches, defects or inaccuracies or other problems with the Beta Application must be immediately notified to us.

  2. Notwithstanding anything else contained in these terms and conditions:

    1. we provide no warranty, whether express or implied as to the suitability, usability or functionality of any Beta Application, its software, features or content;

    2. we assume no liability for any loss, damage, injury or claim suffered or made as a result of your use of the Beta Application; and

    3. we provide no warranty that the Beta Application is entirely secure and all data which you transmit to us is transmitted at your own risk.

  3. All information relating to the Beta Application and the beta testing program operated by us is confidential information and should not be disclosed by you without our prior written consent.

GENERAL

  1. Failure to comply: We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.

  2. Waiver: If we waive any rights available to us under these terms and conditions on one occasion, this does not mean those rights will automatically be waived on any other occasion.

  3. Unenforceable provisions: If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the invalid, unenforceable or illegal provision shall be severed from these terms and conditions and the remaining terms and conditions shall nevertheless continue in full force.