Terms of Use

eNVD app - Terms of Use

25 March 2022

1. General

(a) This mobile application (eNVD App) is 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).

(b) “You” or “your” means a user of the eNVD App including, in the case of any minor, the minor's parent or guardian.

(c) Your access to the eNVD App is subject to these terms and any additional terms, notices and disclaimers which appear on the eNVD App.

(d) ISC 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 the eNVD 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 the eNVD App. Your continued use of the eNVD App after these terms of use have been modified constitutes your acceptance of them.

2. Use

(a) You must not, directly or indirectly, use the eNVD App for any purpose other than in accordance with these Terms of Use and any reasonable directions given by ISC from time to time.  

(b) If You are a producer of livestock (Producer), You acknowledge and agree that when using the eNVD App You will:

(i) confirm that You have been accredited by ISC under the Livestock Production Assurance Program (LPA) when You register for the eNVD App for the first time;

(ii) abide by and act in accordance with the Rules for the Livestock Production Assurance Program at all times (which apply in respect of NVDs created through the eNVD App);

(iii) be permitted to create a digital livestock consignment form (Consignment Form), fill in the relevant consignment information in the fields provided and edit or modify the information that You have provided on the Consignment Form;

(iv) 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;

(v) digitally submit the Consignment Form onto ISC’s eNVD platform (Platform).  Please note that You will not be able to print the Consignment Form in hard-copy through the eNVD App, nor will you be able to make any edits or modifications to the Consignment Form once it has been submitted onto the Platform;

(vi) receive a digital QR code (QR Code) containing the consignment information from your Consignment Form, once you have completed all required sections of that Consignment Form and provided confirmation that the Consignment Form is complete; and

(vii) cease using the eNVD App 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.  

(c) If You are a transporter of livestock (Transporter), You acknowledge and agree that in relation to your use of the eNVD App, You will:

(i) not be permitted to create, edit or submit any Consignment Forms;

(ii) scan a digital QR code that has been provided to You by a Producer to view the contents of the Consignment Form when livestock is being transported;

(iii) have the ability to digitally post an acknowledgement onto the Platform using the eNVD App when the livestock is received by You from the Producer and when You know the information provided to You is true and correct to the best of your knowledge; and

(iv) cease using the eNVD App if ISC notifies you that ISC reasonably considers that You have breached any of these Terms of Use.

(d) If You are a receiver of livestock (Receiver), You acknowledge and agree that in relation to your use of the eNVD App, You will:

(i) scan a digital QR Code that may be provided to You by a Producer or Transporter in order to view the Consignment Form;

(ii) be provided with read-only access to verify your receipt of livestock; and

(iii) will cease using the eNVD App if ISC notifies you that ISC reasonably considers that You have breached any of these Terms of Use,

for the avoidance of doubt, You will be unable to create, edit or submit any Consignment Forms onto the Platform using the eNVD App.

3. Our Responsibility

(a) ISC is not responsible for any transactions which occur through or as a result of the eNVD App.  ISC is not a party to such transactions and You agree ISC has no liability in connection with them, nor does it have control over the livestock and services transacted through the eNVD App or the quality or the truthfulness of any information that You or other users input into the eNVD App.

(b) Subject to clause 3(c) below, ISC will use best endeavours to give You at least 5 days’ notice in advance of implementing any upgrades, modifications or alterations to the eNVD App (Service Update) if ISC reasonably believes that the Service Update will (or may) significantly prejudice your and other users’ ability to use the eNVD App.

(c) ISC may implement a Service Update with no notice or less notice than specified in clause 3(b) if it reasonably believes that the Service Update is critical for maintaining the integrity and/or security of the eNVD App and that compliance with clause 3(b) is inappropriate due to the urgency with which the Service Update must be implemented.

4. Copyright

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

(b) Except where permitted by law or by the eNVD App, you may not:

(i) adapt, reproduce, store, distribute, transmit, communicate, print, display, perform, publish or create derivative works from any part of the eNVD App, its content or design; or

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

5. Trade Marks

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

6. Collection of information

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

(b) You grant ISC 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.

(c) If ISC requires you to input personal information into the eNVD App, this information will be encrypted and ISC will collect, use and disclose the information in accordance with its privacy policy.

(d) As with all of your personal information, ISC will not provide this to third parties without your consent, except where:

(i) such disclosure is permitted under the Privacy Act 1988 (Cth);

(ii) ISC is required by law to disclose information to third parties; or

(iii) ISC has outsourced some internal functions to third parties.

7. Security

(a) ISC makes no warranty in respect of the security measures of the eNVD App and is not responsible for any misuse, loss and unauthorised access, modification and disclosure of information provided by you to ISC using the eNVD App.

(b) Your access to and use of this eNVD App is at your own risk.  The internet is not secure and we cannot guarantee that the eNVD App will always be available or that it will be fault or virus free. You are responsible for ensuring that your login details are kept secure.

8. Non-interference

You agree not to:

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

(b) create derivative works of or from the eNVD App or any part of it;

(c) incorporate the eNVD App or any part of it into any product or service without the prior written consent of ISC;

(d) reverse-engineer, decompile, translate or disassemble any part of the eNVD App, or introduce, upload or transmit any ‘back door’, ‘time bomb’, ‘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 or erasing, or disrupting or impairing the normal operation of any part of ISC’s systems, networks, servers, data or software; or

(e) remove, alter or obscure any copyright, trademark or trade name that appear in the eNVD App.

9. Liability

(a) The Competition and Consumer Act 2010 (Cth) may confer rights, guarantees and remedies on you in relation to the provision by ISC 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 resupply of the relevant services, or the payment of the cost of resupplying the relevant services.  All other terms and guarantees are excluded.

(b) Subject to clause 10(a), this eNVD App is provided on an 'as is' basis and ISC does not warrant, guarantee or make any representation regarding the use, or the results of the use of the eNVD App, including the correctness, accuracy, reliability, completeness or currency of the eNVD App or that security of the eNVD App will not be breached.

(c) To the maximum extent permitted by law, ISC disclaims all warranties and guarantees that the eNVD App and its content:

(i) will be error free;

(ii) will operate without interruption; or

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

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

(e) ISC will not be liable for any loss of profit or for any direct, special, indirect, consequential or economic loss or damage.

10. Governing Law

The eNVD App's server is hosted in Australia. These Terms of Use are governed by the law applicable in Australia.

 

Last Updated March 2022

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