Extrata

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.

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 Privacy Policy.

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.
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.
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.
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,
  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.
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.
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.
USING THE WEBSITE
1. 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.
2. 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.
3. 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.
PAYMENT

We reserve the right to introduce a fee for your use of the Website. If DPIRD decides to introduce such a fee, DPIRD will notify you in advance about this, and allow you to either continue or terminate your use of the Website.
YOUR PRIVACY
1. Personal information about you
  
  By using the Website, you agree to the collection, use, storage and disclosure of your information. You agree that DPIRD may:
  1. collect personal information about you through your interactions with us and others via the Website and your use of the Website, and collect information about you from third parties;
  2. collect personal information about you in order to:
    1. connect you and Prospects, if you are a Data Originator;
    2. connect you and Data Originators, if you are a Prospect;
    3. facilitate access by Licensees to their licensed AgData;
    4. collate and generate data;
    5. communicate with you; and
    6. conduct customer surveys from time to time;
  3. disclose your personal information to others using the Website and to our service providers, who may be located in Australia or overseas;
  4. use and disclose your personal information to provide, administer, improve and personalise the Website, identify you, protect our lawful interests and deal with your concerns;
  5. handle your personal information in accordance with DPIRD's Privacy Policy; and
  6. disclose your personal information as required by any law, stock exchange, judicial or parliamentary body or governmental agency including, without limitation, disclosure in response to parliamentary questions and ministerial inquiries.
  7. users will be notified of security breaches pertaining to personal information or, Your Content, or AgData in transmission, and DPIRD will work to minimise the effect of the breach. DPIRD applies the Australian Privacy Principles (or APPs).
2. Metadata
  
  DPIRD will own all Metadata from its creation and may use it for any purposes including reporting, ongoing website performance and other improvements.
3. Links and advertisements
  
  Hypertext links to external sites (e.g. websites, mobile applications) are provided in good faith, as a convenience to users. These external information sources are outside of DPIRD’s control and it is your responsibility to make your own decisions about the relevance, accuracy, reliability and correctness of material found on external sites. The inclusion of any link does not imply that DPIRD endorses the linked site, and you use the link at your own risk.
4. Cookies
  
  During your use of the Website, DPIRD may issue to and request from your computer blocks of data known as "cookies". By using this Website, you authorise DPIRD to issue such cookies to your computer. You must not alter any cookies sent to your computer from the Website and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from the Website.
5. Notifications
  1. You agree to receive electronic messages, including messages of a commercial nature, via email, SMS or in-Website notifications. These messages may be from DPIRD, DPIRD's service providers, Prospects, Data Originators, Licensees or other users of the Website.
  2. You agree that any such messages satisfy all requirements for written communication.
6. Contact from users of the Website
  1. You agree that users of the Website may use your personal information included in Your Content to send you electronic messages. DPIRD is not responsible for such messages or their content.
  2. To opt out of receiving messages from any particular Website user, you will need to contact them directly.
LIMITATIONS OF THE WEBSITE
1. No warranties
  1. The The Website is provided 'as is' and 'as available'. Except as required by law, DPIRD does not make any claims (and hereby disclaims any representations and warranties) relating to:
    1. quality, performance or fitness for any particular purpose of the Website;
    2. accuracy, reliability or quiet enjoyment of the Website;
    3. non-infringement of third party rights (including Intellectual Property Rights); or
    4. anything else to do with the Website or any associated services.
  2. DPIRD does not make any representations or warranties about the information you receive using the Website or your use of the Website or that information.
  3. Nothing that DPIRD says or writes creates any warranties in respect of the Website. However, the law may have warranties for the Website that DPIRD cannot lawfully exclude or change - those warranties will apply to the Website as required by law.
2. Errors and interruptions
  
  DPIRD is not responsible for:
  1. making sure the Website is error free;
  2. ensuring any defects with the Website will be fixed; or
  3. ensuring that you have continuous or any particular level of access to the Website.
3. Transmission
  
  Your Content may be transmitted to servers in Australia or overseas. The transmission of information over networks is inherently not secure. DPIRD does not guarantee, and you should not expect, that Your Content, or other information on the Website, will always remain private.
4. Third party technologies
  
  The Website uses technology and services that are provided by third parties. The technology and services may not always work as expected. As with the other aspects of the Website, DPIRD is not responsible for the operation of those technologies and services, or for making sure they are error-free.
5. Change or withdraw the Website
  
  DPIRD may, at any time, and without notice or liability to you:
  1. change the Website; or
  2. suspend or discontinue the Website (in whole or in part).
6. Suspension or Termination of your access
  
  DPIRD may, at any time, and without notice or liability to you:
  1. terminate, suspend, restrict or disable your access to or use of the Website; or
  2. change who can use the Website,
  and this could be because you do not comply with these Terms or with your legal obligations or it could be for any other reason, including reasons relating to our internal operations.
7. Where Website changed/withdrawn or your access is suspended or terminated
  1. In the event of DPIRD acting under clause 10.5 or clause 10.6, you will need to make alternative arrangements to meet your obligations under your licence agreements (if any). Your rights and obligations under your licence agreements will continue despite the Website change or withdrawal or your access being cancelled.
  2. If your access to the Website is affected as set out in clause 10.5 or clause 10.6, you accept and agree that you have no claim for losses, damages, costs or expenses, whether in contract, tort or otherwise, against DPIRD.
LIMITATIONS OF LIABILITY
1. Use of Website is at your own risk
  
  Your use of the Website is at your own risk. If the Website is defective, you will not be reimbursed for any costs of fixing any damage or loss arising from it.
2. No liability
  1. To the extent permitted by law, DPIRD excludes all liability arising from or in connection with the Website.
  2. To the extent permitted by law, DPIRD and our service providers are not liable for injury or for any damages whatsoever including direct, incidental, special, indirect or consequential, including, without limitation:
    1. loss (or use or misuse) of data including AgData or damage to any technology;
    2. loss of profits or income;
    3. loss of opportunity;
    4. interruption to your business; or
    5. any other loss or cost arising out of or related to your use of (or inability to use) the Website,
    however caused, and whether arising under contract, tort, statute or otherwise, and even if you have advised us of the possibility of such loss or cost.
  3. DPIRD's total liability to you for all damages and any kind of loss will not, in any case, exceed $20 (Australian).
3. Your Consumer Rights
  1. Nothing in these Terms is intended to exclude, restrict or modify rights which you may have under any law which may not be excluded, restricted or modified by agreement (Your Consumer Rights). However, our liability to you for breach of Your Consumer Rights, or other rights, is limited to the maximum extent permitted by law.
  2. If DPIRD is liable to you under the Australian Competition and Consumer Act 2010 (Cth) or similar legislation, then (to the extent legally possible), we limit our liability under those provisions to, at our choice:
    1. supplying the relevant services again; or
    2. the payment of the cost of having the relevant services supplied again.
4. Indemnity
  
  You agree to fully indemnify and hold the State of Western Australia, DPIRD and their officers, employees and contractors harmless against any expenses, costs, loss or damages that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the Website, including any breach by you of these Terms or your negligence or both.
OUR CONTENT
1. DPIRD (or our service providers) owns all rights in the Website and the technology it uses. It is licensed (not sold) to you. The licence is for you to use the Website for the purpose described in clause 2.
2. DPIRD reserves all rights in and to the Website (including in respect of technology, trade marks, branding and copyright protected material) that are not expressly granted to you under this licence. You agree not to challenge or dispute those reserved rights.
3. If you provide DPIRD any feedback about the Website, DPIRD may use and disclose that feedback without any obligation to you. DPIRD owns all rights in anything created as a result of that feedback (including any changes to the Website).
CONTENT OF OTHERS
1. Content of other users
  
  When using the Website, you may be exposed to the content of other users of the Website. You acknowledge and agree that DPIRD does not have a practice of monitoring or making inquiries about this content, and that DPIRD is not responsible for this content. You release DPIRD from any claims that you could assert against DPIRD relating to or in connection with this content. Any reliance by you on the content of other Website users is completely at your own risk.
2. Third party content
  
  The Website may contain content provided to DPIRD by third parties. DPIRD does not have a practice of monitoring or making inquiries about any such third party content and make no representations either express or implied concerning such third party content. You rely on all third party content completely at your own risk.
TERMINATION
1. You may stop using the Website at any time for any reason.
2. DPIRD may terminate, disable, block or suspend your access to the Website at any time, for any reason.
3. In the event of termination, disabling, blocking or suspension as referred to in clause 14(b), your activities on the Website will terminate. If you are:
  1. a Data Originator, you acknowledge and accept that your Licensee/s will not be able to access your AgData via the Website and that you may need to make alternative arrangements to address your obligations under your licence agreements; and
  2. a Licensee, you acknowledge and accept that you will not be able to access AgData via the Website and that you may need to make alternative arrangements with Data Originator/s to address your obligations under your licence agreements.
4. All warranties and acknowledgements provided by you, all provisions relating to liability, indemnity and Intellectual Property Rights, and any other provisions which by their nature survive termination, will survive termination of these Terms.
GENERAL
1. Other Terms. In addition to these Terms, your use of the Website is subject to our Privacy Policy.
2. Laws of WA. These Terms are governed by the laws of Western Australia. The courts of Western Australia have exclusive jurisdiction in respect of any dispute which may arise.
3. Disputes. Before filing a claim or complaint against DPIRD, you agree to attempt to resolve the dispute by first contacting extrata@dpird.wa.gov.au with a description of your claim. DPIRD will attempt to resolve the dispute within 60 days of being contacted by you. If DPIRD is unable to resolve the dispute, you may commence formal action.
4. Assignment. These Terms are personal to you and you may not assign, sub-license or otherwise transfer any rights under these Terms without our prior written consent. DPIRD may assign, sub-license or otherwise transfer its rights and obligations under these Terms without your consent.
5. No waiver. No delay or failure to act will be construed as a waiver of, or prejudice, any of DPIRD's rights. No waiver will be effective unless it is in writing. A waiver of a breach will not waive any other breach.
CONTACT US

If you have any questions or suggestions, or you would like to cancel your account, you can contact DPIRD at extrata@dpird.wa.gov.au.

DEFINITIONS

ABOUT THE WEBSITE

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

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

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

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

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

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

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

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

ABOUT THESE TERMS

Your use of the Website is subject to these Terms

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

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.

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

You represent and warrant to DPIRD that:

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

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.

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.

Changes to the Terms

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.

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.

ACCESSING THE WEBSITE AND YOU ACCOUNT

Accessing the Website

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

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.

Setting up an account and login details

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.

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:

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

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

CONTACTS AND LICENCE AGREEMENTS

Contact not guaranteed

If you are a Data Originator:

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

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

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

If you are a Prospect:

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

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

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

Information you receive using the Website

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

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.

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.

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.

WEBSITE ACCESS AND SUSPENDING OR TERMINATING ACCESS TO AGDATA

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.

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.

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.

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.

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.

USING THE WEBSITE

Your responsibilities

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

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.

You must not use the Website:

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

to display or publish AgData;

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

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

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

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.

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

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

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.

Your Content

You are solely responsible for Your Content, which includes:

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

any other information that you enter using the Website.

You agree to take reasonable steps to:

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

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

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

infringes the rights of any person including Intellectual Property Rights;

includes personal information of another person;

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

is likely to cause offence;

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