Definitions and Interpretation
In these Terms, the following words have the following meanings:
ACL means the Australian Consumer Law Schedule to the Competition and Consumer Act 2010 (Cth);
Adama Australia means Adama Australia Pty Ltd of Suite 1, level 4, Building B, 207 Pacific Highway, St. Leonards, NSW;
Confidential Information means all data, formulae, technical information and any other , reports, information relating to the Platform not in the public domain.
Data means all content, records, information, results and other data in, on or accessed by or through the Platform;
Intellectual Property Rights means all intellectual property rights including current and future registered and unregistered rights in respect of copyright, designs, trademarks, trade secrets, know-how, confidential information, patents, invention and discoveries and all other intellectual property;
- a material failure of the Platform; or
- any part of the Platform that:
- causes an error message to be displayed by the system that it is running on or being accessed from;
- results in the Platform doing something that it was not designed to do; or
- results in the Platform not doing something that it was designed to do;
Licence means the rights granted by Adama Australia to you in relation to your access to and use of the Platform, in accordance with these Terms and conditions of use;
parties means Adama Australia and you;
SDS means a material safety data sheet provided with products supplied by Adama Australia from time to time whether or not provided to you; and
- Adama Australia's material safety data sheet platform; and
- any other program or software provided to you by, or on behalf of, Adama Australia which you use to gain access to the platform;
Terms means these terms and conditions of use as amended from time to time.
Your Licence to access to, and use of, the Platform is subject to your ongoing compliance with these Terms as amended from time to time. Any amendments to these Terms will be posted to the homepage of the Platform as notification to you.
At any time the Licence may be or terminated or suspended by Adama Australia without cause or notice.
Your right to use and access the Platform is personal to you, and cannot be assigned, novated, sub-licenced or transferred to a third party without the express written consent of Adama Australia.
These Terms are governed by the laws of New South Wales.
Intellectual Property Ownership
You acknowledge that:
- Adama Australia owns, or has the licence to, all Intellectual Property Rights in the Platform;
- all Intellectual Property Rights in an SDS and the Data are the sole property of Adama Australia; and
- you have no proprietary right or interest in the Platform, an SDS or the Data other than that granted to you under these Terms.
You must not provide or otherwise make available the Platform, an SDS or the Data or in any form to any person.
You must not at any time during your use of the Platform, or after termination modify, use, deal with or take advantage of the Intellectual Property Rights in the Platform, an SDS or the Data.
Disclaimer, Warranties and Liability
You acknowledge and warrant that the Data provided on the Platform:
- is intended as a summary guide and may not be complete;
- must be used for informational and guidance purposes only;
- must not be used as a replacement for the SDS; and
- you will consult the relevant SDS when utilising the Data.
- It is your responsibility to:
- verify the currency and completeness of the information provided on the SDS Platform against the original SDS; and
- ensure that any actions you take as a result of using the Platform are also consistent with the actions contained in the relevant SDS.
- Except as these Terms specifically state, or as contained in any express warranty provided with the Platform, these Terms do not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, manufacture or performance of the Platform or any contractual remedy for failure.
- You acknowledge that the Platform, due to its nature, cannot be guaranteed to be Defect or error free, or that access to the Platform will be continuous or interruption free, and you further accept that the existence of any such errors or interruptions, including any interruption for routine or urgent maintenance of the Program, shall not be construed a breach of these Terms or section 54 of the ACL.
- Except as specifically set out in these Terms, Adama Australia makes no representation nor gives any warranty in relation to any incorrect information, performance or functionality which results, partly or wholly, from the Data provided in the Platform.
- Adama Australia’s liability for the use of the Platform is as set out in the End User Licence Agreement.
- Nothing in these Terms is to be interpreted as excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be so excluded, restricted or modified.
You undertake to keep the Confidential Information secret and to protect and preserve the confidential nature and secrecy of the Confidential Information.
SDS PLATFORM DISCLAIMER
The data provided on the SDS Platform is intended as guide and for informational purposes only. We have used our best endeavours to replicate the information contained in the original SDS for your ease of reference. However, the SDS Platform must not be used as a replacement for the original SDS.
It is your responsibility to verify the currency and completeness of the information provided on the SDS Platform against the original SDS.
ADAMA Australia Pty Ltd provides no warranty or representation regarding the content, functionality, future availability or the maintenance and support services offered with the SDS Platform.
To the extent permitted by law, ADAMA Australia Pty Ltd is not liable to you or any other person for any loss, damage or injury arising from your use of, or reliance on, the information and data provided on the SDS Platform.