Website Terms of use

THESE TERMS OF USE INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SITE OR OUR SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT.

THE DISPUTE RESOLUTION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.

THESE TERMS OF USE ALSO INCLUDE A JURY WAIVER.

MORE INFORMATION ABOUT THE ARBITRATION, CLASS ACTION WAIVER, AND JURY WAIVER CAN BE FOUND IN THE ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY WAIVER SECTION BELOW.

1. General

1.1 This website is owned and operated by Meat & Livestock Australia Limited (ABN 39 081 678 364) ("MLA", "we" or "us").

1.2 "You" or "your" means a user of the website including, in the case of any minor, the minor's parent or guardian.

1.3 Your access to this website is subject to these terms and any additional terms, notices and disclaimers which appear on this website (Terms of Use). Should you not agree to these Terms of Use, please discontinue use of this website immediately.

1.4 MLA may alter these Terms of Use from time to time without notice.  Your continued use of the website following those changes indicates your acceptance of those changes.

2. Copyright

2.1 All rights (including intellectual property rights such as copyright) in this website, its content and design are owned by or licensed to MLA.

2.2 You may make a temporary copy of part or all of this website for the sole purpose of viewing it, and print a copy for personal use.

2.3 You must not otherwise reproduce, adapt, store, transmit, print, display, publish or create derivative works from any part of the content or design of this website except with MLA's prior written consent or as permitted by applicable copyright law.

2.4 If you believe that any of your work has been copied and is accessible on this website in a manner that constitutes copyright infringement, please provide MLA’s copyright agent in writing with: (i) a description of the copyrighted work claimed to have been infringed; (ii) a description of the allegedly infringing material on this website that you are requesting be removed; (iii) your name, telephone number, and email address; (iv) a statement that you have a good faith belief that use of the copyrighted work is not authorized by you or by law; (v) a statement that the information you are providing is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and (vi) an electronic or physical signature of you or someone authorized on the copyright owner’s behalf, to assert infringement of copyright and submit the statement. 

3. MLA publications, reports and information

3.1 All use of MLA publications, reports and information on this website is also subject to MLA’s Market Report and Information Terms of Use.

4. Trade Marks

4.1 All trade marks, trade names, service marks and other product and service names and logos on this website are owned by or licensed to MLA (“MLA Trademarks”) and are protected by applicable trade mark laws. Any use of the MLA’s Trademarks without MLA’s pre-approval in writing is prohibited.

5. Disclaimers

General
5.1 Where possible, care is taken to ensure the accuracy of the information contained on this website. However, MLA cannot accept responsibility for the accuracy or completeness of the information or opinions contained on the website. You should make your own inquiries before making decisions concerning your interests.

Economic forecasting
5.2 Information contained on this website is obtained from a variety of sources, including third party sources. To MLA's knowledge the information accurately depicts existing and likely future market demand. However, MLA has not verified all third party information, and forecasts and projections are imprecise and subject to a high degree of uncertainty. MLA makes no representations and, to the extent permitted by law, and in addition to and without limiting the warranty disclaimers set forth herein, excludes all warranties in relation to the information contained on this website.

Nutrition
5.3 This website may contain information related to nutrition. This information is not medical advice and you should consult a health professional before making any decisions concerning your interests.

6. Usernames and passwords

6.1 We may require you to register a username and password to permit you to access certain sections of the website. You are responsible for maintaining the confidentiality and security of your username and password and all use or activity that occurs on your account, including unauthorized use or activity.

6.2 You must promptly notify MLA if there is any unauthorized use of your username or password.

6.3 MLA will not be responsible for any losses arising out of the unauthorized use of your username or password. 

7. Discussion forum

7.1 MLA does not endorse, nor is it responsible for, any opinion or recommendation posted on this website.  We strongly recommend that you exercise discretion and skepticism and that you obtain professional advice before relying on any posting. If you do rely on any information in a posting, you do so solely at your own risk.

8. Content that you submit to us

8.1 If you post content on this website, you grant us an irrevocable, perpetual, non-exclusive, royalty-free, sub-licensable, transferable, worldwide license to copy, use, display, perform, or create derivative works of that content, in each case for any purpose, including marketing and promotion of our products and services from time to time.  This includes a right to remove, modify, edit, crop, highlight and/or republish your content. 

8.2 To the extent required to enable us to exercise our rights under these terms, you hereby waive any and all claims that you may have now or may hereafter have in any jurisdiction to so-called “rental rights,” “moral rights” and all rights of “droit moral” with respect to such content and to the results and proceeds thereof. 

8.3 You must not defame, libel, ridicule, mock, disparage, threaten, harass, intimidate, abuse, bully, trick, defraud or mislead other users.  You warrant that any content submitted by you does not infringe the intellectual property or other rights of any third party or constitute a misuse of any person's confidential information.

8.4 Inappropriate content (as determined by us) is unwelcome and may be removed without notice.  MLA will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting inappropriate content.

9. Linked/third party websites

9.1 This website may contain links to third party websites.  These websites are not under the control of MLA and we are not responsible for the condition, the content or currency of any linked websites.

9.2 Links to third party websites are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by MLA of the websites or the products or services provided in them. Nor does MLA endorse, approve or recommend the owners or operators of the linked websites.

9.3 You must not create or maintain any link from another website to this website without the prior written consent of MLA.

10. Collection of information and privacy

10.1 MLA may use “cookies” to make a record of your visit to this website and log your visit for statistical and business purposes. Such information may include your server address, domain name, IP address, the date and time of your visit, pages accessed, documents downloaded, previous website visited and the type of browser used. Some of this information may be capable of personally identifying you. Please see the “Cookies” section below for more details.

10.2 MLA may also require you to complete an electronic form on this website and in doing so require you to provide personal information.

10.3 MLA will collect, store, use and disclose personal information in accordance with its privacy policy www.trueaussiebeefandlamb.com/privacy

11. Security

11.1 MLA uses security measures with the aim of making all information received from you secure against misuse, loss and unauthorised access, modification and disclosure. However, MLA makes no warranty in respect of its security measures and is not responsible for any misuse, loss and unauthorised access, modification and disclosure of information provided by you to MLA.

11.2 Your access to and use of this website is at your own risk.  The internet is not secure and MLA cannot guarantee that the website will be available or fault or virus free.

11.3 MLA is not liable to you or third parties if interference with or damage to your computer system occurs in connection with use of this website or any linked websites.

13. Limitations on Liability and Additional Disclaimers

13.1 IN NO EVENT SHALL MLA BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA ON YOUR INFORMATION SYSTEM) ARISING OUT OF OR RELATED TO ANY INFORMATION CONTAINED IN THIS WEBSITE, INCLUDING ANY LINKS, EVEN IF MLA USA HAS BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

13.2 MLA’S AGGREGATE LIABILITY TO YOU FOR ANY REASON AND ALL CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS WEBSITE AND/OR THE CONTENTS OF THIS WEBSITE SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO MLA FOR THE SINGLE TRANSACTION YOU COMPLETED DURING SUCH TIME AS YOUR CLAIM AROSE. 

13.3 Your access to and use of this website is at your own risk. To the maximum extent permitted by law and without limiting clauses 5, 13.1 or 13.2:

(a) this website is provided on an 'AS IS' basis and MLA does not warrant, guarantee or make any representation regarding the use, or the results of the use, of the website, including the correctness, accuracy, reliability, completeness or currency of the website or that security of the website will not be breached;

 (b) MLA disclaims all warranties and guarantees that the website and its content or any linked websites:

  1. will be free from errors, interruptions to the use of the website, viruses, worms, Trojan horses, bugs or similar components;
  2. will not interfere with or damage your computer systems; or
  3. will not infringe the intellectual property rights of third parties; and

(c) MLA EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

13.3 CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SET FORTH IN THESE TERMS OF USE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

14. Governing Law

These Terms of Use will be governed by and construed in accordance with the laws of the Washington DC, without giving effect to any principles of conflicts of laws.  The parties hereby expressly exclude the application of the Convention on the International Sale of Goods.

15. Arbitration Agreement, Class Action Waiver and Jury Waiver

15.1 Mandatory Binding Arbitration. The parties to these Terms of Use agree that final and binding arbitration on an individual basis shall be the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of our service, this website or these Terms of Use. Notwithstanding the foregoing, any dispute or claim relating to patent, copyright, trademark, trade secret, privacy or publicity rights, shall not be resolved in arbitration and, instead, the parties agree that such dispute shall be resolved exclusively in state or federal court in for the State of New York, and the parties consent to exclusive jurisdiction and venue in such courts. The parties hereto acknowledge and agree that the Federal Arbitration Act and federal arbitration law apply to arbitrations under these Terms of Use (despite any other choice of law provision).

Arbitration under these Terms of Use shall be conducted by the American Arbitration Association (the “AAA”). For claims of less than or equal to $75,000 (exclusive of attorney’s fees, costs, and alleged punitive damages or penalties), the AAA’s Consumer Arbitration Rules will apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at https://www.adr.org.  Any Notice of Arbitration should be mailed to us at the following address: 1100 Vermont Ave NW Suite 550, Washington, DC 20005, USA.

15.2. Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY DISPUTES TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS.

Disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.

In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction WITHOUT A JURY and not in arbitration.

15.3. Waiver of Rights, Including to Trial by Jury. By agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes. The rules in arbitration are different. There is no judge or jury, and review of an arbitrator’s decision is very limited. BOTH PARTIES FURTHER AGREE THAT, WHETHER A CLAIM WILL BE RESOLVED IN ARBITRATION OR IN COURT, THE PARTIES BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES.

16. Miscellaneous

16.1 If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms and shall not affect the validity and enforceability of any remaining provisions.

16.2 MLA’s failure to enforce any portion of these Terms of Use will not in any way waive MLA’s rights to subsequently enforce these Terms of Use.

16.3 For any questions about this website, you may contact us at: info@mlana.com