TERMS AND CONDITIONS OF USE
Following are important provisions about your rights and obligations, as well as ILRIC?s rights and obligations.
1. What ILRIC is providing
a) In granting access to the Members? Section of this portal, ILRIC is permitting you to utilise the web applications available to public users and the ability to:
i. list an online catalogue of your livestock, or genetics;
ii. enquire on a lot in the Sales Barn;
iii. list a genetic export herd;
iv. store a running list „My favourites? of lots you are interested in following up;
v. maintain your contact details;
vi. maintain your portal preferences;
vii. export Sale Data-sheets/Info-sheets (information on an item or catalogue);
viii. access the ILRIC breeding library (info on breeding);
ix. contact ILRIC with specific queries or issues relating to the Sales Barn or exporting;
x. genetics via the enquiry form; and
xi. submit events (sales etc) to be listed on the ILRIC calendar.
b) ILRIC may, at its absolute discretion, add or remove services offered via the portal at any time without notice to you. These terms and conditions apply to any additional services that ILRIC may make available via the portal.
2. Provision of Access
a) I understand that the Members? Section and the ILRIC portal may not be available at all times including at times when it is necessary for ILRIC to perform maintenance work and therefore, except as provided in paragraph (e), ILRIC is not liable to me or any other person for any cost, loss or liability (including loss of profit or other consequential damage) either in negligence, other tort, breach of contract, breach of warranty or for any other reason or cause whatsoever arising out of or in connection with ILRIC?s failure or delay in providing access to the Members? Section or the availability of the ILRIC portal to users.
b) To the extent permitted by law, all terms, conditions, warranties, undertakings and representations that are not expressly set out in these terms and conditions are excluded.
c) Except as provided in paragraph (e), I release ILRIC and its employees, contractors and agents from and against all actions, claims, proceedings or demands and in respect of any loss, death, injury, illness or damage (whether personal or property, and whether special, direct, indirect or consequential, including consequential financial loss) arising out of my use of the Member?s Section and the use by others of the ILRIC portal.
d) I agree to indemnify ILRIC and its employees, contractor and agents (“the Indemnified Parties”) from and against all actions, claims, proceedings or demands (including those brought by third parties) which may be brought against the Indemnified Parties, whether on their own or jointly, in respect of any loss, death, injury, illness or damage (whether personal or property, and whether special, direct, indirect or consequential, including consequential financial loss) arising out of or in connection with:
i. any breach of these terms and conditions; and
ii. access to the Members? Section by me or any person who accesses members section using my username and password whether such use is authorised or not.
e) The liability of ILRIC in respect of a breach of a term implied by statute which cannot be excluded, is limited, at ILRIC?s election, to supplying the services again to you.
f) ILRIC may at any time, in its absolute discretion, cease or restrict your access to the portal.
3. Use of the Services
You must not use the Members? Section to breach any law or to infringe on the rights of a third party including:
a) providing illegal, fraudulent, inaccurate, incomplete, misleading, deceptive, defamatory, objectionable, threatening or damaging material, graphics or information on the ILRIC portal;
b) infringing the intellectual property rights of any person including ILRIC; or
c) deliberately or recklessly causing damage to ILRIC?s computer system or cause disruption to ILRIC?s computer system including the use of viruses, worms or trojan horses.
4. My obligations
a) You are responsible for the security and confidentiality of your password which you use to access the Members? Section.
b) You will keep your username and password secure and will not communicate them to an unauthorised person.
5. Miscellaneous
a) This Agreement is subject to the laws in New South Wales. Each party submits to the non-exclusive jurisdiction of the Courts in New South Wales.
b) If it is held by a court that:
i. any part of this Agreement is or would be void, voidable, illegal or unenforceable; or
ii. the application of any part of this Agreement to any person or circumstances shall be or become invalid or unenforceable,
unless any part of this Agreement were severed from this Agreement, that part shall be severed and shall not affect the continued operation of the remaining terms of this Agreement.
