Milk Calculator Form

• it will ensure that all of its Delegates have been properly authorised by End Userto access or use the Application on behalf of End User;
• it will ensure that all of its Delegates comply with the terms of this EULA, all policies incorporated into it by reference, and all policies on the Application; and
• it is fully responsible for any access or use of the Application by its Delegates (with any acts or omissions of its Delegates being deemed to be the acts or omissions of End User).

(e) All Delegates, and all Users, must be at 18 years of age.

• End User terminates End User’s access to the Application by unsubscribing from the Application or deactivating / deleting End User’s account by providing notice to M2M; or
• M2M terminates End User’s access to the Application in accordance with this clause 5,

(Term).
(b) If End User (including through a Delegate) breaches any term of this EULA, M2M may (without notice to End User):

• terminate this EULA or suspend End User’s access to the Application; and
• prevent End User’s further access to the Application.

(c) Upon termination, End User will cease all use of the Application, and Market Data and M2M reserves the right to delete the End User’s account and all End User Data (in its sole discretion).
(d) In the event of termination described above, End User acknowledges and agrees that by virtue of the licence granted below at clause 10(d), M2M may continue to use End User Data for any purpose including (but not limited to) running analytics on End User Data and / or using End User Data to inform the Application.
(e) To the full extent permitted by law, M2M will not be responsible for any loss, cost, damage or liability that may arise as a result of M2M exercising its rights under this clause 5, including, without limitation, any loss, cost, damage or liability that may arise in relation to M2M’s deletion of End User Data under clause 5(c).
(f) Notwithstanding this clause 5, we reserve the right to discontinue provision of the Application at any time in our sole and absolute discretion. We will provide you with reasonable notice of such discontinuance by publication on the Application.

• any specific results from the use of the Application;
• the quality, completeness, accuracy or currency of any Market Data uploaded to the Application.

• M2M makes no warranties or representations (including as to non-infringement) as to any Market Data; and
• it will not bring any claims against M2M in connection with

• M2M;
• the End User which made it available (and its Delegates).

(b) End User Data will not be accessible in the form uploaded by an End User by any other End User. End User Data may be made available to other End Users as aggregated data to inform Market Data.
(c) By submitting, posting, uploading or otherwise allowing access to End User Data (or allowing Delegates to do so), End User represents and warrants that End User has rights to and is legally entitled to distribute such content to M2M and other third parties as contemplated by this EULA.
(d) M2M does not claim ownership over any End User Data. End User agrees that by using the Application, End User grants M2M a royalty-free, perpetual, irrevocable, sub-licensable right to:

• use End User Data to provide (and make offers to provide) products and services to End User via the Application or through any other means of communication (such as email) in accordance with the M2M privacy policy available at www.milk2market.com.au/privacy; and
• create and commercially exploit derivative, aggregated and anonymised works (for example, data products) from such End User Data (including feeding that End User Data back into the Application in the form of Market Data), but only to the extent:
  (A) permitted by law; and
  (B) such derivative works do not reveal End User’s raw data or any Uploaded Personal Information.

(e) End User warrants that it has all rights necessary to grant the licence set out at sub-clause 10(d) above, including in relation to End User Data generated by its Delegates.
(f) End User acknowledges that despite M2M’s commercially reasonable efforts to secure and store safely all End User Data on the Application, M2M cannot guarantee that third parties will not succeed in penetrating its systems by nefarious actions.
(g) M2M has the right (but not the obligation) in its sole discretion (and without notice) to refuse or remove or direct the removal of any End User Data that it reasonably considers violates any of the terms of this EULA or any applicable law.

• violates or infringes the rights of others including, without limitation, Intellectual Property Rights;
• is unlawful, offensive, indecent, objectionable, harassing, threatening, abusive, defamatory, fraudulent, tortious, or invasive of another’s privacy;
• impersonates any person, business or entity, including M2M and its affiliates, employees and agents;
• includes personal or identifying information about another person without that person’s consent to the use and handling of that person’s information as contemplated by this EULA and as set out in the M2M privacy policy available at www.milk2market.com.au/privacy and any other policy posted on the Application;
• is false, misleading, or deceptive;
• violates this EULA or any policy posted on the Application;
• contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorised use of a computer or computer network;
• interferes with the use of the Application by other End Users or potential End Users;
• could damage, disable or impair the servers or networks used by the Application or End Users; or
• advertises products or services.

• required to provide its services as described in this EULA; or
• described in the M2M privacy policy.

(c) Where End User is not a User, End User must procure from each of its Delegates the Delegate’s consent to the collection, use, storage and disclosure of his or her personal information as described in this EULA, the M2M privacy policy and any other policy posted on the Application.
(d) M2M will not disclose any Uploaded Personal Information to third parties except to the extent:

• required to provide its services as described in this EULA; or
• described in the M2M privacy policy.

(e) End User warrants that:

• any Uploaded Personal Information was lawfully collected and made available to M2M (and other third parties as contemplated by this EULA); and
• it has complied and will comply with the Privacy Act (whether or not actually bound by that Act) in relation to that Uploaded Personal Information including by:
  (A) obtaining and maintaining any necessary consents from the individuals to whom the Uploaded Personal Information relates;
  (B) providing necessary notifications to the relevant individual that his or her personal information will be disclosed to M2M; and
  (C) directing the relevant individuals to M2M’s privacy policy available at www.milk2market.com.au/privacy

• this is entirely End User’s responsibility; and
• M2M is not responsible in any way to make recommendations in that regard nor to supply or install such software or products.

(b) Third party content (including links to third party websites) may be accessible via the Application. End User acknowledges that M2M has no control over any such third party content, and is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on such third party applications and content.

• the Application and Market Data are made available “as is” and M2M makes no warranties or representations about the Application and Market Data, including but not limited to warranties or representations that they will be complete, accurate or current, that access will be uninterrupted or error-free or free from viruses, that data will be accessible or backed-up, or that the Application will be secure; and
• the Market Data is made available to the End User as a pricing guide only and should not be relied upon and M2M makes no warranties or representations that the Market Data is complete, accurate or current.

(b) All implied terms, conditions, warranties and any other additional obligations are excluded from this EULA, to the maximum extent permitted by law.
(c) M2M reserves the right to restrict, suspend or terminate without notice End User’s or a Delegate’s access to the Application at any time without notice where M2M determines, in its sole discretion, that this is necessary or desirable for purposes related to the efficient, proper and lawful operation of the Application. M2M will not be responsible for any loss, cost, damage or liability that may arise as a result.
(d) M2M cannot and does not guarantee the privacy, security, authenticity or non-corruption of any information transmitted through, or stored in or via the Application.
(e) Subject to the terms and conditions of this EULA, M2M will use commercially reasonable efforts to make the Application available, subject to the need to conduct scheduled and emergency maintenance from time to time.

• a breach by End User (including its Delegate) of this EULA or any representation or warranty given to M2M.; or
• any claim that the End User Data, as provided by or on behalf of End User, infringes or misappropriates the rights (including Intellectual Property Rights) of any third party.

(b) To the maximum extent permitted by law, including the Australian Consumer Law:

• in no event will M2M be liable for any direct or indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to End User’s (including its Delegate’s) use of the Application or as a result of the inaccessibility of the Application and / or the fact that certain information or materials contained on it (including Market Data) are incorrect, incomplete or not current; and
• M2M’s maximum liability arising out of or in connection with this EULA, the Application, whether in contract, tort, breach of warranty or otherwise, will not exceed AU $100.