1 Introduction
1.1 SHEEP GENETICS is a program of Meat & Livestock Australia Limited ABN 39 081 678 364 (the Operator).
1.2 Sheep Genetics is a system for describing the genetic merit of animals used in the sheep industry, using the products LAMBPLAN and MERINOSELECT, and is based on the calculation of Australian Sheep Breeding Values (ASBVs) or Flock Breeding Values (FBVs). ASBVs and FBVs are calculated from raw data collected by breeders, accredited Sheep Genetics service providers, accredited live animal ultrasound scanners, fleece testing businesses and laboratories that report faecal egg counts using protocols developed by Nemesis (CSIRO). The calculation of ASBVs and FBVs may also incorporate genomic or DNA information from commercial genotyping laboratories. The Operator does not oversee or externally audit the collection of this data. ASBVs and FBVs only provide an estimate of animals’ true genetic merit from that data supplied to the Sheep Genetics database.
1.3 To obtain full details of the capabilities of Sheep Genetics, the applicant specified in the subscription form (Applicant) should read the Sheep Genetics extension material available at https://www.sheepgenetics.org.au/resources/Data-quality/ (including the Business Plan and the Quality Assurance Procedures Manual).
1.4 The information set out in the subscription form forms part of these terms and conditions.
2 Sheep Genetics reports
2.1 Sheep Genetics reports will be prepared by the Operator from pedigree, performance and genotype data supplied by the Applicant or their agent. Reports will be available from a secure web interface and sent by email or post to the Applicant within 15 days from the cut-off date of the analysis. The Applicant will be issued with a data receipt notice on receipt of its data by the Operator.
2.2 The Operator is responsible for the analysis process and for the accurate transfer of data into reporting formats post analysis.
3 Disclaimer
3.1 Because the Operator does not oversee or audit the collection of data, to the extent permitted by law, the Operator does not guarantee the accuracy of the information provided in Sheep Genetics reports. The Applicant acknowledges that the Sheep Genetics reports are provided on an ‘as is’ basis and the Operator makes no representations regarding the completeness or accuracy of the reports 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 that may be contained in the reports.
4 Sheep Genetics logo and name
4.1 The LAMBPLAN logo and MERINOSELECT logos (that appear directly beneath these terms) and the Sheep Genetics, LAMBPLAN and MERINOSELECT names can be used by the Applicant for the promotion and sale of sheep that have been evaluated by Sheep Genetics provided that the Applicant:
(a) complies with all instructions notified by the Operator regarding the use of the LAMBPLAN and MERINOSELECT logos (Logos);
(b) uses the Logos solely for the purpose of the promotion of the Applicant’s breeding program or sale of sheep with ASBVs supplied by the Operator; and
(c) does not use the LAMBPLAN or MERINOSELECT logos or names in respect of sheep which have only been issued with an FBV.
4.2 The following statement must appear in a prominent position in any printed material that refers to an ASBV or FBV:
“Sheep Genetics ASBVs and FBVs are calculated from raw data collected by breeders and accredited Sheep Genetics operators and other sources. Sheep Genetics does not oversee nor audit the collection of this data and does not accept any responsibility for the accuracy of the information contained in this document.”
4.3 The Applicant must not:
(a) represent in any way that it owns the Logos or is entitled to use the Logos other than as set out in this Agreement;
(b) apply or seek to register the Logos as a trade mark in any country;
(c) attack or contest the property rights of the Operator in and to the Logos; or
(d) use any mark or logo that is substantially identical with or deceptively similar to the Logos.
4.4 The Applicant must ensure that references to Sheep Genetics, ASBVs and FBVs are accurate and do not mislead purchasers and potential purchasers of its sheep. The Applicant must ensure that any publication of ASBVs is accompanied by the accuracy value supplied by the Operator.
5 Information
5.1 The Applicant retains ownership of its data, including pedigree, phenotypic performance and calculated breeding values.
5.2 The Operator will ensure that all data supplied by the Applicant is dealt with in accordance with the minimum requirements set out in the Quality Assurance Procedures Manual.
5.3 The Applicant may elect to remove its data from the Sheep Genetics, on a whole flock basis, by giving notice to the Operator by email to info@sheepgenetics.org.au. The data will be removed within 180 days from receipt of the notice.
5.4 The Applicant will only receive an ASBV and relevant accuracy values for animals that are genetically linked and therefore can be reasonably compared across flock. For animals which fail to meet the minimum requirements, the Applicant will receive an FBV.
6 Use of information
6.1 The Applicant acknowledges that information submitted to Sheep Genetics forms an invaluable database for Sheep Genetics’ continuing development and research.
6.2 The Applicant agrees to allow the Operator to use and sub-licence data collected by it, Sheep Genetics’ service providers and other accredited operators as well as the calculated breeding values for:
(a) the general development of Sheep Genetics, including genetic parameter estimation, fixed effects determination and industry standard indices;
(b) the genetic evaluation of animals;
(c) genetic trend development and producing reports;
(d) research and development projects undertaken in the field of sheep genetics; and
(e) provision of services to the industry. If the Applicant does not wish for its data and breeding values to be included in third party services, it must notify the Operator in writing.
6.3 The Operator may publish ASBVs, FBVs and industry indexes of animals from time to time in any of the Operator’s publications.
6.4 The Operator will not publish information on the ASBVs, FBVs or indexes of animals if the Applicant has notified the Operator in writing by email to info@sheepgenetics.org.au that it does not wish to have its animals listed.
6.5 The Applicant may elect to allow animals to be listed in the Sheep Genetics Web Search Database by electing option 2 or 3 on the subscription form, or by notifying the Operator in writing.
6.6 The Operator will not publish information on the Sheep Genetics Web Search Database if the Applicant has elected option 1 for the Sheep Genetics Web Search Database.
6.7 The Operator may use the Applicant’s name and specifically identify its sheep when it publishes Sheep Genetics publications from time to time unless the Applicant indicates on the subscription form that the Applicant does not consent to the Operator using its details or specifically identifying its sheep in any Sheep Genetics publications.
7 Liability
7.1 Nothing in these Terms and Conditions 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 provision by the Operator of the services. All other rights, guarantees and remedies are excluded. To the extent permitted by law, the Operator’s liability for the breach of any consumer guarantee which cannot be excluded is limited at the Operator’s option to the resupplying or paying the costs of resupplying the services.
8 Entire agreement
8.1 This form embodies the entire agreement between the Applicant and the Operator as to the terms of its subject matter.
8.2 Subject to clause 8.3 a party may only assign or novate this Agreement or a right or obligation under it with the prior written consent of the other party.
8.3 The Operator may assign or novate this Agreement or a right or obligation under this Agreement to any Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)) and the Applicant consents to such assignment or novation. The Applicant agrees to execute documents and do anything else the Operator reasonably requires to assign or novate this agreement to any Related Bodies Corporate.
9 Termination
9.1 If the Operator ceases to operate Sheep Genetics database or the Applicant breaches any material provision of this agreement and fails to remedy the breach within 14 days after receipt of notice from the Operator, the Operator may by notice to the Applicant terminate this Agreement.
9.2 The Applicant may terminate this Agreement by providing written notice to the Operator at least 90 days prior to the date that Applicant’s subscription is due for renewal.
9.3 Privacy
9.4 The individual policies of the Operator do not apply to the collection, use or disclosure of personal information as set out in these Terms and Conditions and for Sheep Genetics purposes. Your personal information will be collected and handled in accordance with the Meat and Livestock Australia Privacy Policy which can be found at MLA Privacy Policy | Meat & Livestock Australia. If you do not provide personal information requested, you may not be able to participate in Sheep Genetics. You are able to access your personal information held by Sheep Genetics, subject to certain legal exceptions. Sheep Genetics takes reasonable steps to make sure that the personal information Sheep Genetics collects, uses or discloses is accurate, complete and up-to-date and you may request that Sheep Genetics corrects incorrect personal information.
Last updated September 2024