Meat Messaging Terms and Conditions
As at 3rd of March 2021

1. Overview

This Meat Messaging Subscription Agreement is between the representative of the organisation, company, sole trader or other legal entity (ORGANISATION) that is using or intending to use Meat Messaging (USER) and Meat Messaging ABN 55 065 153 540 (MEAT MESSAGING). It consists of the terms and conditions below, as well as the Online Services Terms and the Service Level Agreement for the subscription. It is effective on the date Meat Messaging accepted the USER submitted online registration to use Meat Messaging or the date on which the USER reaccepts the MEAT MESSAGING Subscription Agreement.

2. Introduction

2.1 In these Terms and conditions, the terms "You" and "Your" as the Organisation's authorised representative, are referred to as the term "User".

2.2 This agreement applies between Meat Messaging (ABN 55 065 153 540) accessed through https://meatmessaging.info, https://meatmessaging.com and the Meat Messaging App available from the App Store and Google Play, and the User, as the Organisation's authorised representative. By the User registering an Organisation and additional specific User accounts, accepting these terms and conditions, uploading data, accessing data, or sending or receiving a message through the Meat Messaging system, the User, as the Organisation’s authorised representative, agrees to be bound by these Terms and Conditions.

2.3 The Meat Messaging system is administered by AUS-MEAT with program management through a committee comprising industry representatives including AUS-MEAT, DAWE, AMPC, AMIC and MLA and may at its discretion, update these Terms of Use. By continuing to use the Meat Messaging system, You, as an Organisation authorised representative, must accept the Terms of Use as they apply from time to time to continue your use of the Meat Messaging system. New terms of use will replace any previous Meat Messaging terms of use you have historically accepted.

2.4 The Meat Messaging system is utilised for the validation of supply chain data. Second and Third parties (such as product end users, Importing Country Inspection Facilities and Government representatives) are able to access this information within the Meat Messaging system through publicly available keys, such as carton/ case/ pallet barcode numbers, consignment identification (e.g., Health certificate Numbers) and logistic unit identification (e.g., shipping container numbers).

2.5 The Meat Messaging system records and provides access to supply chain related information for the strict purpose of supply chain traceability and verification of consignment related information. Meat Messaging does not require and strongly advises, not to include commercially sensitive data. All data that you upload or enter into the Meat Messaging system should already be either publicly available or supply chain available and can be accessed by second and third parties through a multitude of different sources.

2.6 The information contained in consignments and messages are defined as under the GS1 standards and guidelines, and as defined by exporting country and importing country commercial and regulatory requirements. More information on the information contained in consignments and messages is available on the technical documents on the GS1 website and the Meat Messaging website.

2.7 Fees for usage of Meat Messaging. Fees are incurred for the creation of a message within Meat Messaging. Organisations will be billed.

3. Updates to Terms and Conditions

3.1 These Terms and Conditions may be updated from time to time as required to comply with operational regulatory changes as they become known.

3.2 When a new version of these Terms and Conditions are released, the User will be required to review and reaccept the updated Terms and conditions.

4. User Obligations

4.1 As an Organisation's authorised representative, the User must:

4.1.1 only use the Meat Messaging system for lawful purposes related to traceability and verification of consignment related information as required along the supply chain.

4.1.2 only use the Meat Messaging system in a manner that does not infringe commercial in confidence rights of the product owner or relevant third party related to a message or consignment third party.

4.1.3 not attempt to undermine the security or integrity of the Meat Messaging system or the data contained by the Meat Messaging system.

4.1.4 not attempt to gain unauthorised access to any materials other than those to which the User, as an Organisations representative, have been given express permission by Meat Messaging or by the sender or owner of a consignment.

4.1.5 ensure that the User 'user code', password, access code, sender code or digital signature required to access or use Meat Messaging system is kept secure and confidential at all times, and not permit any other person to use Your user code, password, access code, sender code or digital signature. You must immediately notify Meat Messaging of any unauthorised use of the User 'user code', password, access code, sender code or digital signature or any other breach of security and You must take all other actions that Meat Messaging reasonably deems necessary to maintain or enhance the security of the Meat Messaging system.

4.1.6 not use, or misuse the Meat Messaging system in any way which may disrupt or impair the functionality of the Meat Messaging system or other systems used by the Meat Messaging system.

4.2 The User, as an Organisations authorised representative must not transmit, or input via the Meat Messaging System, any:

4.2.1 harmful code;

4.2.2 unlawful, defamatory, obscene, offensive or scandalous material, or any material that constitutes or encourages conduct that would contravene any law or which may harass or cause distress or inconvenience to any person;

4.2.3 commercially sensitive information that the User and/ or the Organisation are not prepared to share along the supply chain as related to a consignment or for the purpose of traceability or consignment verification.

5. Use of Meat Messaging

5.1 To access the Meat Messaging system, the User is required to apply for an Organisation account and individual user accounts and be approved for use from Meat Messaging to use the Meat Messaging system. The User is responsible for maintaining confidentiality of your Organisations or specific User accounts, user code, password, access code, sender code or digital signature information. Meat Messaging is not responsible for any unauthorised information or message uploaded or entered into the User or Organisation account.

5.2 The User is responsible for making sure your Organisation (such as and not limited to the business name, address and related details) and User details (such as and not limited to the User name, company user contact details) are correct and up to date in the User Meat Messaging account. If the User details change, the User should log in to the Meat Messaging system and maintain the relevant details. Should anomalies or error be identified related to the Organisation account or individual User accounts, contact the Meat Messaging support team (info@meatmessaging.com).

5.3 The User understands that providing false or misleading information or documents (including forms) to the Meat Messaging system may contravene state and federal acts and regulations both within the exporting country (Australian) and the importing country.

5.4 The User as an authorised Organisation representative, remains solely responsible for complying with all applicable state and federal acts and regulations both within the exporting country (Australia) and the importing country in connection to the User’s use of the Meat Messaging system.

5.5 The User acting on behalf of an organisation:

5.5.1 Must currently be an authorised representative of the organisation to access that data or carry out that transaction on their behalf, and that appointment must not have been revoked; and

5.5.2 If that appointment is based on the User holding a certain position within that organisation, the User must currently hold that position.

6. Liabilities and Indemnity

6.1 The Producer's personal information is collected for the purpose of verification and validation of direct and indirect details about the Producer related supply chain transactions that involve MSA activities. The verification and validation activities may be undertaken by any supply chain participants that have interest in the Producer or the Producer's livestock. The verification and validation activities undertaken by supply chain participants may be through technological access to the MSA databases or have indirect access to 3rd party systems, that hold the Producer's personal information.

6.2 Meat Messaging does not accept liability for the security, authenticity, integrity or confidentiality of any Meat Messaging held data, uploading of data or manually entering and data associated limited identifiers and meta data relating to supply chain transactions, messages and other communications made through the Meat Messaging system.

6.3 The User and user's Organisation are solely responsible for the information uploaded to or entered into the Meat Messaging System (including but not limited to the accuracy of any such information or any results produced with it). Meat Messaging is not liable to the Organisation or any second or third party for any information, data or interpretation of data available through the Meat Messaging system and utilised by any first, second or third party or for any error that such information, data or interpretation of data causes or contributes to.

6.4 EXCLUSION. Neither party will be liable for loss of revenue or indirect, special, incidental, consequential, punitive, or exemplary damages, or damages for lost profits, revenues, business interruption, or loss of business information, even if the party knew they were possible or reasonably foreseeable.

6.5 Exceptions to limitations. The limits of liability in this Section apply to the fullest extent permitted by applicable law, but do not apply to: (1) the parties' obligations under Section 6; or (2) violation of the other's intellectual property rights.

6.6 Internet communications may be susceptible to interference or interception by malicious third parties. The Meat Messaging system by its nature has information and data uploaded by first, second and third parties and has limited control over the content of this information and data. Despite Meat Messaging applying levels of control and best efforts, Meat Messaging makes no warranties that the Meat Messaging system is free of infection by computer viruses or other unauthorised software, nor the corruption of the uploaded and entered data. Meat Messaging will not be liable for any loss, damage, cost or expense resulting from any breach of a security measure (including viruses or other unauthorised software) nor any corrupted or missing data.

6.7 Meat Messaging is not liable to the Organisation or any second or third party for any Loss and or Indirect Loss arising out of the use of the Meat Messaging system through failure to supply, delay in supplying, or incorrectly supplying information, data or interpretation of data intended to be provided through the Meat Messaging system, or for the unavailability or failure in the functionality of the Meat Messaging system, even where this arises as a result of any act or omission of Meat Messaging (including, without limitation, negligent acts or omissions).

6.8 The User and user's Organisation are solely responsible for the information uploaded to, or entered into any information fields on, the Meat Messaging system (including but not limited to the accuracy of any such information or any results produced with it). Meat Messaging is not liable to the Organisation for any information, data or interpretation of data provided by the Meat Messaging system and utilised by the Organisation, or for any error that such information, material or content causes or contributes to.

6.9 Meat Messaging excludes liability to the Organisation and all authorised Users for Indirect Losses arising in any way in connection with the Meat Messaging system or these terms and conditions of use.

6.10 The User will be responsible for (and indemnify Meat Messaging against) any loss or damage to any person, first party, second party or third party arising from any one of the following:

6.10.1 Any breach by the User of these Terms and Conditions;

6.10.2 Any wilful, negligent or unlawful act or omission by the User in relation to, or in the course of using, this Meat Messaging system.

7. Term, Termination and Suspension

7.1 Agreement term and termination. This agreement will remain in effect until the expiration, termination, or renewal of your Subscription, whichever is earliest.

7.2 Suspension. Meat Messaging may suspend your use of the Online Services if:

7.2.1 it is reasonably needed to prevent unauthorized access to Customer Data

7.2.2 you fail to respond to a claim of alleged infringement under Section 5 within a reasonable time

7.2.3 you do not pay amounts due under this agreement

7.2.4 you do not abide by the Acceptable Use Policy or you violate other terms of this agreement or;

7.2.5 for Limited Offerings, the Subscription becomes inactive from your failure to access the Online Services as described in the Offer Details. If one or more of these conditions occurs, then:

7.2.5.1 For Limited Offerings, Meat Messaging may suspend your use of the Online Services, your Subscription and your account immediately without notice.

7.2.5.2 For all other Subscriptions, a suspension will apply to the minimum necessary part of the Online Services and will be in effect only while the condition or need exists. Meat Messaging will give notice before Meat Messaging suspend, except where Meat Messaging reasonably believe Meat Messaging needs to suspend your account immediately. Meat Messaging will give at least 30 days' notice before suspending for non-payment. If you do not fully address the reasons for the suspension within 60 days after Meat Messaging suspend, Meat Messaging may terminate your Subscription and delete your Customer Data without any retention period. Meat Messaging may also terminate your Subscription if your use of the Online Services is suspended more than twice in any 12-month period.

7.3 User access or your Organisation's access can be terminated when the User account activities attempt:

7.3.1 to participate in any illegal or fraudulent activity;

7.3.2 to cause disruption to the Meat Messaging System

7.3.3 in a way that infringes a person's rights or prevents them from using the Meat Messaging System

7.3.4 in any way that may harass, cause distress or inconvenience others

7.3.5 to record unlawful, defamatory, offensive or scandalous material; or

7.3.6 to record material that breaks or encourages breaking the law in the exporting country or the importing country.

7.4 Additionally, the User of the Meat Messaging system account may be locked, suspended or terminated:

7.4.1 if the User does not comply with your responsibilities

7.4.2 If the User does not comply with these Meat Messaging system terms and conditions

7.4.3 by Meat Messaging at any time and for any reason.

7.5 Closure of inactive accounts:

7.5.1 In some cases, Meat Messaging may also close User accounts that have not been used after a certain amount of time. Meat Messaging may also do so when your Meat Messaging system account has been permanently locked.

7.5.2 If the User or organisation's account has been closed and you wish to resume using the Meat Messaging system, the User will need to email info@meatmessaging.com.

8. Transfer of Data

8.1 The User and Organisation uploaded or enter data including associated limited identifiers and meta data, may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from the Organisations jurisdiction.

8.2 If the User is located outside of Australia and choose to upload or enter data including associated limited identifiers and meta data to Meat Messaging, please note that the Meat Messaging system may transfer the uploaded data and limited identifiers, to Australia.

8.3 The Users are to ensure that no uploaded or enter data including associated limited identifiers and meta data information breaches the associated countries Privacy principles and laws related to the transfer of data.

8.4 Meat Messaging will take all the necessary steps to ensure that User and Organisation data is treated securely and responsibility where necessary in accordance with applicable country Privacy principles and laws.

8.5 Longevity of data held by Meat Messaging. Data entered or up loaded to Meat Messaging will continue to be held within Meat Messaging on an ongoing basis, independent of termination of this Subscription Agreement.

9. Tracking and Cookies Data

9.1 The Meat Messaging system collects and uses cookies and similar tracking technologies to track the activity on the Meat Messaging system to store and manage certain information.

9.2 Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to the User browser from a website and stored on the Users device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse the Meat Messaging system.

9.3 The User can instruct their browser to refuse all cookies or to indicate when a cookie is being sent. However, if the User do not accept cookies, the User may not be able to use some portions of the Meat Messaging system.

Examples of Cookies we use:

The User must review and if in agreement with, accept these Terms and Conditions to access the Meat Messaging system. There is a record of each instances of acceptance maintained by the Meat Messaging System. If the User has any questions about these Terms and conditions, please contact Meat Messaging.