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Terms of Use - MLA Market Reports, Data and Information

Last updated: 09 July 2024

Important: These Terms of Use include terms that limit MLA’s liability in connection with the Data and APIs and allow MLA to disclose Your personal information to third parties in accordance with MLA’s Privacy Policy. 

  1. General
    1. The market reports, data and information provided to You or accessed by You (Data) are owned by Meat & Livestock Australia Limited (ABN 39 081 678 364) ("MLA", "We", "Us" or "Our").
    2. MLA may provide or make available Application Programming Interfaces (APIs) to facilitate the extraction of Data.
    3. "You" or "Your" means the person or entity that is provided with a copy of the Data.
    4. Your access to and use of the Data and any APIs is subject to these Terms of Use and any additional terms, notices and disclaimers which appear in the Data or the APIs. If You do not agree with these Terms of Use or any additional terms, notices and disclaimers, You must not access or use the Data or the APIs.
    5. MLA may amend these Terms of Use from time to time. Please check our Terms of Use regularly before using the Data or the APIs 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 30 days before the changes become effective. If You do not agree to our amended Terms of Use, You should not continue to use the Data or the APIs. Your continued use of the Data or the APIs after these Terms of Use have been altered constitutes Your acceptance of them.
  2. Licence
    1. MLA grants You a non-exclusive, royalty free licence to use, copy, reproduce, publish, distribute and commercialise the Data, or any part of the Data, and create derivative works based on the Data including through combination with other data and information.
    2. MLA may revoke the licence granted in clause 2.1 at any time by providing You with at least 7 days’ notice, in which case You must cease all use of the Data and any APIs on expiry of the notice period.
    3. You must not:
      1. use the Data or any part of the Data in a manner that is false, misleading, deceptive, unlawful, fraudulent or infringes the rights of any third party; or
      2. resell the Data or any part of the Data to a third party for a fee where the Data is the sole source of information or data provided to that third party.
    4. The Data is produced by collecting or aggregating data provided by third parties, and accordingly, MLA may update, amend or alter the Data at any time.
  3. Copyright
    1. All rights (including intellectual property rights such as copyright) in the Data, their content and design and any APIs are owned by or licensed to MLA.
    2. You agree not to remove, alter or obscure any copyright notices that appear in the Data.
    3. Where You use or incorporate the Data (or part of it) into any written material or derivative works,  You must, at a minimum, clearly attribute the source of the Data as Meat & Livestock Australia Limited and include the following text: “Reproduced courtesy of Meat & Livestock Australia Limited – www.mla.com.au”
  4. Trade marks, trade names and logos
    1. All trade marks, trade names, service marks and other names and logos that appear in the Data are owned by or licensed to MLA and are protected by applicable trade mark and copyright laws.
    2. You must not remove, alter or obscure any trade marks, trade names and other names or logos that appear in the Data or any APIs.
  5. Collection of information
    1. If MLA requires You to provide personal information in connection with Your receipt of the Data, MLA will collect, store, use and disclose this information in accordance with its Privacy Policy and you consent to this.
  6. Termination
    1. Either party may terminate these Terms of Use by giving the other party 30 days written notice.
    2. MLA may terminate these Terms of Use by giving You 7 days written notice if:
      1. MLA is no longer collecting or aggregating the relevant Data for the meat and livestock industry;
      2. You breach a material provision of these Terms of Use which is not remedied within 14 days of a notice requiring its remedy; or
      3. You have acted in a manner that is likely to damage the brand or reputation of MLA.
    3. Following termination of these Terms of Use, you must cease all use of the Data and any APIs.
  7. Disclaimer and liability
    1. You acknowledge that the Data is provided on an ‘as is’ basis and MLA makes no representations regarding the completeness or accuracy of the Data and, to the extent permitted by law, expressly excludes all warranties and guarantees regarding the accuracy, completeness or currency of the information, recommendations and opinions contained in the Data.
    2. MLA does not give any guarantee, warranty or representation that the Data, or any part of the Data, or the APIs will continue to be made available for any period of time.
    3. Information in the Data may be obtained from a variety of third party sources. To MLA's knowledge the information accurately depicts existing and likely future market demand. However, You acknowledge that MLA has not verified all third party information in relation to accuracy or otherwise. You further acknowledge that: (a) any forecasts and projections are imprecise and subject to a high degree of uncertainty and (b) the Data provided may be a snapshot of certain markets and not reflect that market as a whole.
    4. The information, raw data, recommendations and opinions contained in the Data do not take into account, and may not be appropriate for, Your individual circumstances. You should make Your own enquiries and seek professional advice before making decisions concerning Your interests or otherwise interpreting or relying on the Data in any way. Any reliance will be at Your own risk and MLA accepts no liability for any loss, damage, cost or expense arising from any use or misuse of the Data.
    5. You acknowledge that MLA accepts no liability for any loss, damage, cost or expense arising from any use of the APIs by You, including errors in the automation of the data extraction process using the APIs.
    6. MLA may make changes to an API at any time without notice. You acknowledge that it is Your responsibility to ensure that that version of the API You use is current.
    7. Nothing in these Terms of Use is intended to exclude, restrict or modify rights, guarantees and remedies that may be conferred on You under the Competition and Consumer Act 2010 (Cth) in relation to the provision by MLA of goods and services. All other rights, guarantees and remedies are excluded.  To the extent permitted by law, MLA's liability for breach of any consumer guarantee, which cannot be excluded, is limited at the option of MLA to:
      1. in the case of services supplied or offered by MLA, resupplying or paying the cost of resupplying the service; or
      2. in the case of goods supplied or offered by MLA, replacing the goods, supplying equivalent goods, repairing the goods or paying the cost of replacing the goods or supplying equivalent goods or repairing the goods.
    8. Subject to clause 7.7 and to the extent permitted by law, MLA will not be liable for any direct loss or damage, loss of profit or for any special, indirect, consequential or economic loss or damage.
  8. Governing Law
    1. These Terms of Use are governed by the law applicable in the State of New South Wales, Australia.