Extrata® Website Terms of Use

 

These Terms of Use Terms are the rules that apply to your use of the Website. Please read the Terms carefully as they contain information about your rights and obligations as they contain information about your rights and obligations.

1. DEFINITIONS

AgData means agricultural information owned by a Data Originator (or that a Data Originator has the written authority from the AgData owner to deal with) and must not include any material which may infringe the rights, including intellectual property rights and confidentiality, of any person.

 

Data Originator means the owner of Intellectual Property Rights in the AgData.

 

DPIRD means the State of Western Australia acting through the Department of Primary Industries and Regional Development.

 

including including but not limited to (and include has a similar meaning).

 

Intellectual Property Rights means all intellectual property rights including:

1. patents, copyright, performance rights (as described in Part XIA of the Copyright Act), rights in circuit layouts, plant breeders' rights, registered designs, trade marks, and the right to have confidential information kept confidential; and

2. any application or right to apply for registration of any of those rights;

Licensee means a Prospect who has entered into a written licence agreement with a Data Originator regarding AgData.

Privacy Policy means our privacy policy, which is available at https://www.agric.wa.gov.au/privacy.

Prospect  means a Website user who is not a Data Originator or a Licensee.

Metadata means a set of data that describes and gives information about other data. It includes aggregated metadata and information pertaining to Your Content, AgData and all activities on the Website.

Terms means these Terms of Use, as changed from time to time in accordance with clause 3.2.

Website means the Website named Extrata and any modifications or upgrades provided by DPIRD that replace or supplement the original Website.

Your Content means any information, data, documents, maps, images, audio or video files or other works or materials in any form that you enter or upload or authorise access to using the Website (or that is entered or uploaded, or to which access is authorised, using your login details) including your personal information, messages and AgData.

2. ABOUT THE WEBSITE

   1. If you are a Data Originator, the Website is designed to:

      1. provide you or your organisation (you/your) with opportunities to connect with Website users who may be interested in licensing your AgData; 

      2. facilitate contact between you and Prospects in relation to your AgData; and

      3. enable you to authorise access to your AgData by your Licensee.

   2. If you are a Prospect, the Website is designed to:

      1. provide you or your organisation (you/your) with opportunities to connect with Website users who may be interested in licensing their AgData to you; 

      2. facilitate contact between you and Data Originators in relation to their AgData; and

      3. enable you, if you become a Licensee, to access AgData licensed to you by a Data Originator.

3. ABOUT THESE TERMS

   1. Your use of the Website is subject to these Terms

      1. DPIRD provides the Website to you on these Terms. Your use of the Website is subject to you first accepting these Terms.

      2. You are responsible for complying with these Terms, and with all laws (and with any other terms and conditions) that apply to your use of the Website. If you are an organisation, you are responsible for ensuring such compliance by anyone who uses the Website on your behalf.

      3. To use the Website you must be at least 18 years old.

      4. You represent and warrant to DPIRD that:

         1. you are an individual at least 18 years old acting on your own behalf; or

         2. you act on behalf of an organisation and you have the authority to enter into these Terms on behalf of the organisation and bind the organisation to these Terms.

      5. By accessing or using the Website you accept and agree to these Terms in full, without any limitation or qualification. These Terms constitute a legally binding agreement between you and DPIRD that applies to all your uses of the Website.

   2. Changes to the Terms

      1. DPIRD may in its discretion amend, add to or replace these Terms from time to time. If the Terms are changed, you will be notified when you next use the Website.

      2. If you do not agree with the changed Terms, do not continue to use the Website. If you continue to use the Website, the changed Terms will apply from the time they were changed and they will replace previous Terms.

4. ACCESSING THE WEBSITE AND YOU ACCOUNT

   1. Accessing the Website

      1. To access the Website you will need a reliable network connection. You are responsible for all internet access and network charges.

      2. The performance of the Website may vary from device to device, and may be affected by many variables, including your location and the quality of your network connection.

   2. Setting up an account and login details

      1. To use the Website you will need to set up an account. You must provide accurate, complete and up-to-date information for the account.

      2. You must not share your Website login details with anyone else. Keep your login details safe and secure so that no one else can access them. If:

         1. you do not take reasonable steps to keep your login details secure, and someone else signs in to your account; or

         2. you give your login details to someone else who then signs in to your account,

      then you are responsible for everything that person does using your account.

      3. You must advise DPIRD immediately if you think your password is no longer secure, or if you think someone else has accessed your account. You should change your password immediately via the password reset features as soon as you suspect this has occurred. If you require assistance, please contact extrata@dpird.wa.gov.au.

5. CONTACTS AND LICENCE AGREEMENTS 

   1. Contact not guaranteed

      1. If you are a Data Originator: 

         1. DPIRD does not guarantee that you will be contacted by Prospects regarding possible licensing of your AgData;

         2. it is up to a Prospect to make contact with you regarding a possible licence of your AgData; and

         3. DPIRD does not monitor the conduct of Prospects or others who may contact you. 

      2. If you are a Prospect: 

         1. DPIRD does not guarantee that you will be contacted by Data Originators regarding the possibility of you acquiring a licence for their AgData;

         2. it is up to a Data Originator to make contact with you regarding a possible licence for its AgData; and

         3. DPIRD does not monitor the conduct of Data Originators or others who may contact you. 

   2. Information you receive using the Website

      1. Any information that you receive through using the Website is the responsibility of the person or organisation who provided the information.

      2. DPIRD does not check the reliability, accuracy, currency or completeness of any information you receive using the Website, including information from Data Originators, Prospects and Licensees. DPIRD does not accept responsibility arising in any way from information, errors or omissions.

      3. You should make your own enquiries and obtain independent advice tailored to your specific circumstances, before making any decisions regarding information and connections made using the Website.

      4. If you are a Data Originator, before providing your AgData to Prospects or authorising the same via this Website, DPIRD recommends that you obtain legal advice and enter into suitable written licence agreements. Any such agreements and their terms, including as to fees, are to be agreed between you and Prospects. Your licence agreements must not override or undermine these Terms.

      5. You must not access AgData via this Website unless the relevant Data Originator has licensed its AgData to you under a written licence agreement which is current at the time/s of access.

      6. If you are a Licensee, before accessing AgData via this Website, you must have a current, written licence agreement with the relevant Data Originator. Any such licence agreement and its terms, including as to fees, are to be agreed between you and the relevant Data Originator. Your licence agreements must not override or undermine these Terms. 

6. WEBSITE ACCESS AND SUSPENDING OR TERMINATING ACCESS TO AGDATA

   1. If you are a Data Originator, you accept full responsibility for licences granted by you, for access authorisations or approvals relating to your AgData and for access to your AgData by Prospects and Licensees. You agree that DPIRD is not liable in anyway as a result of any access to and/or use by others of your AgData.

   2. If you are a Prospect or Licensee, you accept full responsibility for licences obtained by you and for your access to and use of AgData. You agree that DPIRD is not liable in any way as a result of your access to and/or use of AgData.

   3. If you are able to access AgData but you do not have a licence agreement for the AgData or your licence agreement for the AgData has been terminated or expired, you must not access the AgData and must immediately notify DPIRD by contacting Extrata@dpird.wa.gov.au.

   4. If you are a Data Originator, you acknowledge that DPIRD may at any time, without liability to you, and without notice to you, suspend or terminate access by you and/or your Licensees to your AgData, or any part thereof, via the Website for any reason in DPIRD's absolute discretion.

   5. If you are a Licensee, you acknowledge that DPIRD may at any time, without liability to you, and without notice to you, suspend or terminate your access to AgData, or any part thereof, via the Website for any reason in DPIRD's absolute discretion.

   6. If your access to AgData is suspended or terminated, you will need to make alternative arrangements to address your (Licensee) obligations under your licence agreements. Your rights and obligations under your licence agreements may continue despite access to AgData via the Website being suspended or terminated.

   7. If your access to AgData is suspended or terminated, you accept and agree that you have no claim for losses, damages, costs or expenses, whether in contract, tort or otherwise, against DPIRD.

7. USING THE WEBSITE

   7. Your responsibilities

      1. You are responsible for all of your activity on and in connection with the Website.

      2. You are responsible for what you access on the Website, how you interpret or use the Website and Your Content, and any actions you may take, or request DPIRD to take, or permit other Website users to take, as a result of your use of the Website.

      3. You must not use the Website:

         1. for any purpose other than to provide or receive information in connection with the potential licensing of AgData;

         2. to display or publish AgData;

         3. to offer up AgData in any way that will violate or infringe the Intellectual Property Rights of other persons;

         4. in a way that violates anyone else's rights (including Intellectual Property Rights) or privacy, or is objectionable, harmful or misleading; or 

         5. for any unlawful purpose, or in breach of any applicable laws or regulations.

      4. You remain responsible for any breach of contract or infringement of any intellectual property or rights of others in connection with Your Content or your use of the Website.

      5. If you are a Data Originator you represent and warrant that:

         1. you own all Intellectual Property Rights in your AgData or have all appropriate approvals, licences and consents to offer up your AgData on the Website in accordance with these Terms; and

         2. you offering up your AgData on the Website in accordance with these Terms does not violate or infringe the Intellectual Property Rights of other persons.

   8. Your Content

      1. You are solely responsible for Your Content, which includes:

         1. the information you record via the Website including information about AgData and your communications with other users of the Website; and

         2. any other information that you enter using the Website.

      2. You agree to take reasonable steps to:

         1. ensure Your Content is accurate, up-to-date and complete; and

         2. inform us if any of your personal information included in Your Content is not accurate, up-to-date or complete.

      3. You represent and warrant to us that Your Content will not include any material that:

         1. infringes the rights of any person including Intellectual Property Rights;

         2. includes personal information of another person;

         3. is misleading, deceptive, defamatory, libellous or materially incorrect;

         4. is likely to cause offence;

         5. directly or indirectly involves the advertising or marketing of any products (excluding information relating to the potential licensing of AgData if you are a Data Originator); or

         6. is otherwise unlawful, encourages unlawful conduct, or is otherwise inappropriate having regard to the purpose of the Website.

      4. You grant DPIRD a worldwide, non-exclusive, royalty-free, perpetual, sub-licensable, transferable and irrevocable licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display Your Content (excluding AgData) in any medium including for the operation, maintenance and management of this Website.

      5. DPIRD may at any time, without liability to you, remove, alter or disable access to any or all of Your Content in DPIRD's sole discretion, without prior notice to you.

   9. Website security

You must not:

1. attempt to bypass or undermine any security measures in respect of the Website or any technology it uses;

2. access or use the Website using automated means;

3. use (or misuse) the Website in any way that may impair the functionality of the underlying systems or other technology that the Website uses, or impair the ability of any other user to access or use the Website;

4. attempt to view, access, use, disseminate or copy any material or data that you are not allowed to access - or any material or data that you do not need in order to use the Website in accordance with these Terms;

5. bypass any measure DPIRD uses to prevent or restrict access to the Website, any part of the Website or any other software, systems or networks connected to the Website;

6. use the Website to transmit (or authorise the transmission of) unsolicited messages, other than messages to Prospects or Data Originators in connection with the possible licensing of AgData;

7. decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying algorithms of any part of the Website or its supporting platform;

8. frame or mirror any part of the Website, or delete any attributions or legal or proprietary notices on the Website;

9. copy, modify or create derivative works of any part of the Website;

10. disclose to any person any information that you obtain from the Website, or that you derive from information you obtain from the Website, including AgData;

11. allow anyone else to access or use the Website using your device or your login details; or

12. access anyone else's Website account.