Terms and Conditions of Use ("Terms")

© Tree Breeding Australia Limited 2021


"TBA" means Tree Breeding Australia Limited ACN 632 508 742, a company limited by guarantee established in Australia of care of Post Office Box 1811, Mount Gambier, South Australia, 5290, Australia.

"DATAPLAN" means DATAPLAN®, a data management system accessible by the internet and which contains confidential genetic and performance information on tree and plant breeding programs.

"Confidential Information" means information of whatever description relating to the affairs, business, trade secrets or operations of TBA or other parties including all Intellectual Property however stored or recorded, which is not generally known and is not in the public domain and includes all Intellectual Property contained in DATAPLAN.

"Intellectual Property" means any information pertaining to but is not limited to genetic resources. It includes, but is not limited to, breeding strategies, working plans, minutes of meetings, work instructions, raw data, processed data, genetic parameters, economic parameters, statistical analysis results, reports, and breeding values.

"User" means any person authorised to access DATAPLAN.


Use of DATAPLAN is governed by these Terms and by accessing and using DATAPLAN you (the User) agree to these Terms which form a legally binding agreement.

If you do not agree to these Terms, please exit this website now.


Unless otherwise indicated, DATAPLAN, its design, text, content, arrangement of elements, organisation, graphics, and other matters are protected under applicable copyrights, trademarks, or other proprietary rights (including, but not limited to, Intellectual Property) and are the property of TBA or the material is included with the permission of the rights owner and is protected pursuant to copyright and trademark laws. All rights are reserved. You do not acquire ownership rights to any such elements viewed or accessed through DATAPLAN. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted, or transmitted by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written permission from TBA.


The trademarks, including but not limited to, TBA logo, TREEPLAN® logo, all product names, page headers, custom graphics, trademarks, service marks and logos appearing on DATAPLAN ('Marks') are protected under applicable rights and the property of TBA or their respective owners. You agree not to display or use the Marks in any manner without the prior written permission of TBA. The use or misuse of the Marks, except as permitted herein, is expressly prohibited.


A User must ensure that they take reasonable care to ensure that the access method (username and password) provided to use DATAPLAN and any record of the access method is not misused, lost or stolen, or provided to any third party. If the access method is considered compromised, the user is to immediately inform TBA.

Unauthorised access or misuse of Confidential Information may result in withdrawal of the User's access rights to DATAPLAN at the sole discretion of TBA. Further action may result to protect Confidential Information or seek damages for misuse of Confidential Information obtained from DATAPLAN. TBA reserves the right at any time and for any reason to withdraw access rights to DATAPLAN.

If the User is provided with access to DATAPLAN as a personal representative of a TBA Member, in addition to these Terms the User will abide by the Constitution and Bylaws of TBA (which includes the TBA Code of Practice) and any other obligations as advised in writing from time to time.

Confidentiality and Disclosure

All Confidential Information contained in DATAPLAN is unpublished and held as confidential. Users of this Confidential Information must in relation to the Confidential Information keep it confidential, use it only as permitted under these Terms; not copy it or any part of it that is in material form other than as strictly necessary and must mark any such copy 'Confidential'; and promptly comply with any request to return or destroy any or all copies of Confidential Information unless required by law to be retained.

The User must implement security practices against unauthorised copying, use and disclosure (whether that disclosure is oral, in writing or in any other form); and immediately notify TBA if the User becomes aware of any:

1.      unauthorised copying, use or disclosure in any form; or

2.      disclosure required by law.

A User as a personal representative of a TBA Member may disclose Confidential Information to other TBA Members, or their employees but only if such employees have a need to know and only if they are obligated to comply with an equivalent obligation of confidence or sign an undertaking approved by TBA not to disclose Confidential Information; or if such disclosure is required by law or by lawful administrative direction of a Government official.

The obligations of each party will survive and endure until the Confidential Information disclosed to it lawfully becomes part of the public domain, without act or omission by that party bound by the obligation of confidence.

No party may issue any publication (including advertising and promotional material) which includes Confidential Information from DATAPLAN; or permit any of its employees or contractors or any third party to issue any such publication, except with the prior written consent from TBA.

Disclaimer of Liability

The information in DATAPLAN has been formulated with all due care to ensure accuracy and reliability. DATAPLAN contains, among other things, information provided by third parties. As such, TBA takes no responsibility for the accuracy, currency, reliability, and correctness of data included in DATAPLAN.

A User of TREEPLAN® Software and TREEPLAN® results must conduct its own assessment and investigation of any proposals it is considering, in light of its individual circumstances. Neither TBA nor the co-owners or licensors of TREEPLAN® Software or their respective servants and agents accept any responsibility for any person, acting on, or relying on, or upon any results or any opinion, advice, representation, statement or information provided by TBA or the co-owners or licensors of TREEPLAN® Software or their respective servants and agents; and they disclaim all liability for any loss, damage, cost or expense incurred or arising by reason of any person using or relying on the results or by reason of any error, omission, defect or mis-statement (whether such error, omission or misstatement is caused by or arises from negligence, lack of care or otherwise).

Since the information may change without notice and changes in circumstances may impact upon the accuracy of the information, TBA are not in any way liable for the accuracy of any information printed or stored by the User.

Users are requested to refer to TBA before relying upon information stored in DATAPLAN.

Disclaimer of Performance

Plant performance is influenced by silviculture techniques, environmental conditions, and the genetic composition of each tree. TBA does not guarantee the actual performance of plants based upon TREEPLAN® or POTATOPLAN® Breeding and Genetic Values due to other factors directly influencing the performance of each plant.


Unless expressly agreed otherwise the law applicable to use and disputes arising out of the information and use of DATAPLAN is the law of South Australia, Australia.

TBA reserves any rights not expressly granted in these Terms.