Terms and Conditions of Use
("Terms")
©
The Southern Tree Breeding Association Inc 2016
Definitions
"STBA" means The Southern
Tree Breeding Association Incorporated ARBN 087 846 633, an incorporated body established
in South 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 the STBA, PPG 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.
“PPG” means PlantPlan
Genetics Pty Ltd ABN 53 110 264 018, a company established in Australia of care
of PO Box 1811, Mount Gambier, South Australia, 5290, Australia.
"User" means any person
authorised to access DATAPLAN.
Agreement
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.
Ownership
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 STBA 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 STBA.
Trademarks
The
trademarks, including but not limited to, STBA 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 STBA or their respective owners. You agree not to display or use the Marks
in any manner without the prior written permission of STBA. The use or misuse of the Marks, except as
permitted herein, is expressly prohibited.
Access
A
User must ensure that they take reasonable care to ensure that the access
method (user name 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 STBA.
Unauthorised
access or misuse of Confidential Information may result in withdrawal of the
User's access rights to DATAPLAN at the sole discretion of STBA or PPG. Further action may result to protect
Confidential Information or seek damages for misuse of Confidential Information
obtained from DATAPLAN. The STBA
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 an STBA Member, in addition to these Terms the User
will abide by the Constitution and Bylaws of the STBA (which includes the STBA
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 the STBA 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 an STBA Member may
disclose Confidential Information to other STBA 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 the STBA 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 the STBA.
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, STBA 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 The Southern
Tree Breeding Association Inc (STBA) nor PlantPlan Genetics Pty Ltd (PPG) 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 STBA or PPG 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, STBA and PPG are not in any way
liable for the accuracy of any information printed or stored by the User.
Users
are requested to refer to the STBA or PPG 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. Neither STBA or
PPG 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.
Publishing TREEPLAN® and
POTATOPLAN® Breeding and Genetic Values
Users
who publish results based on evaluations using the TREEPLAN® or
POTATOPLAN® genetic evaluation system are required to include the following
TREEPLAN® logo and statement in such publications:
|
TREEPLAN® results are calculated using
software jointly developed by the Animal Genetics and Breeding Unit (a joint initiative of Industry and Investment
NSW and the University of New England), The
Southern Tree Breeding Association Inc. and PlantPlan Genetics Pty Ltd |
Jurisdiction
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.
STBA
reserves any rights not expressly granted in these Terms.