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:

https://dms.dataplan.com.au/images/terms_treeplan_logo.gif

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.