TERMS AND CONDITIONS FOR USING A NATIONAL LIVESTOCK MANAGEMENT DATABASE LIVESTOCK TRACING ACCOUNT
The National Livestock Management Database having its registered office at Putham, Wheddon Cross, Minehead, Somerset, TA24 7AS (hereinafter called "NLMD")
INTRODUCTION
NLMD has implemented an electronic central recording system to collect the movement of livestock called the National Livestock Management Database Livestock Tracing (hereinafter called NLMD LT). Use of the NLMD LT is subject to the terms and conditions set out herein.
1. DEFINITIONS AND INTERPRETATION
1.1 In this Agreement, the following definitions shall apply unless the context requires otherwise:-
"Agreement" means the Registration together with these terms and conditions;
"CPRC" means Central Point Recording Centre;
"Batch Identified" means animals are identified with only a flock number (either visually or electronically);
"Individually Identified" means animals are identified with unique WYSIWYG EID tag;
"Tag(s)"" means an electronic or visual batch tag affixed to sheep in accordance with the Order;
"Website" means lt.nlmd.co.uk;
"Services" means any web services hosted at lt.nlmd.co.uk;
"writing" includes facsimile transmission, e-mail or comparable means of communication; and
"You" means the person identified as a user of the NLMD LT system.
1.2 Any reference in these terms and conditions to any statute or provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these terms and conditions are for convenience only and shall not affect their interpretation.
1.4 Unless the context otherwise requires, references in these terms and conditions to "person" includes any individual, company, corporation, firm, partnership, joint venture, association, organisation, institution, trust or agency, whether or not having a separate legal personality.
2. REGISTERING AS A NLMD LT USER
2.1 You register as a user for the NLMD LT system on the Website or via the Stock Move Express mobile app. Further details can be found on the Website.
2.2 By submitting your Registration You are deemed to accept these terms and conditions. Alternatively, by using any of the Services of NLMD You are deemed to accept these terms and conditions.
2.3 You undertake that all the details You provided to NLMD on the Registration are true, complete and accurate. You agree that You will inform NLMD immediately if any changes occur. Changes can be notified by email to the NLMD LT administrator.
2.4 By registering as a user on the NLMD LT You:
2.4.1 Are responsible for maintaining the confidentiality of your password for the Website. Please inform NLMD immediately if your password is disclosed to a third party. Upon becoming aware of any unauthorised use of your passwords you must re-set your passwords immediately. NLMD shall have no liability for any activities that occur on your account or for any data that is inputted, inputted incorrectly or is failed to be inputted into your account by You or any third party, including NLMD on the instruction of You, your employees or your agents, (on your behalf or otherwise) in any circumstance;
2.4.2 Agree to the NLMD using the movement data received from You and to test the accuracy of livestock traceability.
2.4.3 Accept that You may be contacted by the NLMD to assist with correcting issues with data or your account data;
2.4.4 Shall be responsible and agree to comply with any legislation or regulations governing your keeping of livestock and acknowledge that NLMD has no responsibility in respect thereof;
3. PROVISION OF SERVICES
3.1 The NLMD may permanently or temporarily stop providing some or all of its Services after giving reasonable prior notice.
3.2 The NLMD may at its entire discretion disable access to your account registered with the Website and Services. You accept that You may be prevented from accessing the Website and Services, your account details or any documents or data contained in your account or registered with the Website.
3.3 It is the intention of NLMD to regularly update the Website and Services based on feedback received. You acknowledge and agree that the form and nature of the Website and Services may change from time to time without prior notice.
3.4 Despite that NLMD will maintain appropriate security measures to protect all aspects of the Website and Service against unauthorised or unlawful processing and against accidental loss or destruction or damage of data, you acknowledge that NLMD gives no warranty that the Website and Services will be free from incidents of data security breach. If you notice anything unusual about the Website or Services, you agree to report this immediately to NLMD so that appropriate action can be taken.
4. DATA
4.1 NLMD provide a Website and Services through which users and others can record livestock information. This includes statutory data about holdings where livestock are kept (including personal contact information), data about animals (species, breed, gender, date of birth, identification and parentage) and subsequent updates related to each animal (tag replacements, movements and deaths). You can use this data to generate holding reports that you can print, save as a file on your computer or share with other people. Users with a premium subscription can also record medicine purchases, animal treatments, weights, comments, management tags and groups.
4.2 All information which You may have access to through your use of the Website or Services is the sole responsibility of the person from which such content originated. You shall not copy, modify, distribute or create secondary or derivative works based on such information.
4.3 You retain copyright and any other rights You already hold in any information You submit through the Website or Services. However, You hereby grant to NLMD a perpetual, irrevocable, worldwide, non-exclusive and royalty free licence to reproduce, process, modify, adapt and publish the same on any format. You waive any moral rights therein and any other rights to be acknowledged as the author.
4.4 You accept that You shall not obtain any intellectual property rights in relation to any of the information or data contained on the Website (save in relation to any information or data submitted by You).
4.5 The personal information that NLMD may handle includes details of users of the Website and Services. The information, which may be held on paper or on a computer or other media, is subject to certain legal safeguards specified in Regulation (EU) 2016/679 of The European Parliament and of The Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)(the Regulation) and other EU and UK legislation. The Regulation imposes restrictions on how NLMD may use that information.
4.5.1 For the purposes of the Regulation, your contact at NLMD is Richard Webber Telephone No: 01643 841611.
4.5.2 Any personal data that You or your employees provide will be used by NLMD only for the purposes of administering the NLMD LT, researching, reviewing and analysing livestock identification and traceability and reporting to the Government. It is accepted that such report may be made public. According to your personal consent settings for forwarding, your personal data may be given to any relevant government department or agency for these purposes but will not be disclosed by NLMD to any other organisation for any other purpose other than in relation to cases of suspected fraud. You can change your consent settings for each government system by accessing the relevant forwarding destination configuration page on the Website (after login, these are found under the "Manage Holdings" menu.
5. CONSEQUENTIAL LOSS
You agree that NLMD shall not be liable for consequential or indirect losses You may incur including but not limited to loss of grants, subsidies (including but not limited to Single Farm Payments), loss of profit, loss of anticipated profit, loss of use, loss of production, loss of product, loss of revenue, loss of anticipated revenue (whether or not due to NLMD's negligence, breach of statutory duty or otherwise) arising from or relating to the Services and whether or not such losses were foreseeable at the time of entering into the Agreement.
6. LIABILITY
6.1 The Website and Services are provided "as is" and NLMD provides no warranty in relation thereto. NLMD does not represent or warrant that:
6.1.1 your use of the Website or Services will be uninterrupted, timely, secure or error free;
6.1.2 your use of the Website or Services will meet your statutory or other requirements and obligations; and
6.1.3 any information obtained by You as a result of your use of the Website or Services will be accurate.
6.2 Any typographical, clerical or other error or omission in any document or information issued by NLMD shall be subject to correction without any liability on the part of NLMD.
6.3 The aggregate liability of NLMD, its officers, employees and agents arising from or relating to the performance of this Agreement whether in contract, delict or otherwise at law (including for negligence or breach of statutory duty) shall be limited to a total of £1,000.
7. GOOD FAITH
You agree to use your reasonable endeavours to cooperate with NLMD and to do all things reasonably necessary and desirable to give effect to the spirit, aims and intention of this Agreement.
8. GENERAL
8.1 This policy should be read in conjunction with our Privacy Policy, which is published on the website.
8.2 These terms and conditions together with the Registration constitute the whole contract between NLMD and You and supersede all previous agreements You may have with NLMD in relation to the subject matter hereof. No variation to these terms and conditions shall be binding unless agreed in writing between NLMD and You.
8.3 Any notice required or permitted to be given by either party to the other under these terms and conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision or on the Registration to the party giving the notice. NLMD shall also be entitled to give notice by posting information on the Website.
8.4 You shall keep confidential and not disclose and shall procure that your employees keep confidential and do not disclose any information of a confidential nature obtained by reason of any contact between You and NLMD including your use of the Website except information which is in the public domain otherwise than by reason of a breach of this provision. You agree to notify NLMD immediately if You become aware of any breach of confidentiality concerning the NLMD.
8.5 NLMD may at any time transfer or assign all or any rights and/ or obligations under any contract between NLMD and You.
8.6 You shall not assign or sub-contract any of your rights and obligations hereunder without the prior written consent of NLMD.
8.7 Nothing in these terms and conditions shall be construed so as to create a partnership or joint venture between the parties.
8.8 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected.
8.9 For the avoidance of doubt, all obligations stated to be on You under these terms and conditions are owed to NLMD as operators of the NLMD LT.
8.10 These terms and conditions shall be governed by and construed in accordance with the Law of England and the Parties agree that the English courts shall have non-exclusive jurisdiction.
These terms and conditions were updated on 15/05/2018