LIC Australia Terms & Conditions

To be completed by Users of LIC Semen Products – including FAST FORWARD TEAM GENETICS – an ELITE GENETICS Product of Livestock Improvement Pty Limited (“LIC Australia”), and Livestock Improvement Corporation Limited (“LIC”) and its subsidiaries.

NOTE: BY submitting this form, you agree to the Terms and Conditions. 

TERMS AND CONDITIONS LIC Group is marketing LIC Semen in Australia. In consideration of the User receiving LIC Semen either directly or indirectly from LIC the User acknowledges and accepts the following terms and conditions upon signing of this Application Form:

These Terms and Conditions will have continuing effect and will not be terminable. These Terms and Conditions will apply irrespective of whether any LIC Semen product is ultimately provided to the User by LIC Australia or LIC (directly or indirectly) or the manner in which the User came into possession or use of any LIC Semen.

Fast Forward means Fast Forward Team (Elite Genetics) product provided to You that comprises LIC’s Fast Forward (Elite Genetics) product.

LIC means Livestock Improvement Corporation Limited, an incorporated New Zealand company (CN 357590) and its assign(s) and/or successor(s).

LIC Australia means Livestock Improvement Pty Ltd (ACN 096 186 113), a company registered in Australia and its assign(s) and/or successor(s).

LIC Group means LIC Australia, LIC and its subsidiary and associated entities. The terms “entity”, “associated entity” and “subsidiary” have the meanings given to them in the Corporations Act 2001.

LIC Semen means semen produced or supplied (directly or indirectly) by LIC Australia or LIC and includes Fast Forward Team (Elite

Genetics) and SGL product’s.

Offspring means the first-generation male offspring of matings using LIC Semen.

SGL Offspring means male or female offspring or decedents of matings using SGL Product.

SGL Product means the LIC Semen short gestation length product marketed or specified by LIC Australia and/or LIC as SGL semen which is intended to enable cows that are mated with this semen to calve earlier than would otherwise be the case.

You means the User, being the person or persons who have been supplied with LIC Semen.

1. CONDITIONS ON THE USE OF OFFSPRING OF LIC SEMEN:

You must not, except with LIC Australia’s prior written permission, directly or indirectly:

  • advertise for sale or supply, or sell or otherwise supply, or collect, deal in, or use in any way for any purpose, any semen from any Offspring; or
  • use the Offspring or allow the Offspring to be used in circumstances where those Offspring are used or may be used for the collection of semen; or
  • provide access to or possession of or dispose of the Offspring (whether born or unborn) to any person (other than a director or an officer, employee or agent of You, acting in that capacity) (Transferee) in circumstances where the Offspring will or may be used for the collection of semen, without first entering into a written agreement with the Transferee transferring the obligations in these rules to the Transferor in the form directed by LIC Australia from time to time and delivering the original agreement to LIC Australia within 14 days of entering into it.

This restraint, which:

  • does not prevent the use of the Offspring for natural matings; and
  • applies irrespective of the means by which You came into possession or control of any LIC Semen, Offspring or semen from Offspring;

is reasonably required to protect the value and viability of LIC Group’s artificial breeding and genetics programme, which represents a substantial and long-term investment in capital, research and development, and sire proving, and which is of strategic importance to the LIC Group.

2. CONDITIONS ON USE OF OFFSPRING OF SGL SEMEN

You acknowledge that the SGL Product embodies valuable LIC Group intellectual property rights and is sold solely for the purpose of facilitating short gestation length pregnancies and SGL Offspring must not be bred. To that end, You must not, except with LIC Australia’s prior written permission, directly or indirectly:

  • advertise for sale or supply, or sell or otherwise supply, or collect, deal in, or use in any way for any purpose, any semen, embryo or other form of germplasm (SGL Germplasm) from any SGL Offspring; or
  • use the SGL Offspring or allow the SGL Offspring to be used in circumstances where the SGL Offspring are used or may be used for the collection of SGL Germplasm; or
  • use the SGL Offspring or allow the SGL Offspring to be used where the SGL Offspring, or the SGL Germplasm of the SGL Offspring, is mated with any other animal using any form of breeding or reproductive technology, including (without limitation) artificial insemination, embryo transfer or natural mating; or
  • provide access to or possession of or dispose of the SGL Offspring (whether born or unborn) to any person (other than a director or an officer, employee or agent of You, acting in that capacity) (SGL Transferee) in circumstances where the SGL Offspring will or may be used for mating or the collection of SGL Germplasm without first entering into a written agreement with the SGL Transferee transferring the obligations in these rules to the SGL Transferee in the form directed by LIC Australia from time to time and delivering the original agreement to LIC Australia within 14 days of entering into

You acknowledge that this restraint applies irrespective of the means by which You came into possession or control of any SGL Offspring and/or any SGL Germplasm and is reasonably required to protect the value and viability of the LIC Group artificial

breeding and genetics programme, which represents a substantial and long term investment in capital, research and development, and which is of strategic importance to the LIC Group.

3. CONDITIONS ON USE OF LIC SEMEN

  • You acknowledge that LIC is the sole proprietor (or authorised licensor) of all intellectual property rights contained in LIC Semen and LIC Australia is an authorised licensee of LIC.
  • When supplying You with LIC Semen, LIC Australia grants to You a non-assignable, non-exclusive one-off licence (such licence otherwise on usual industry terms) for the sole purpose of the artificial insemination of animals ordinarily in Your own herd and You will not provide, procure or permit the use of, access to or possession of such LIC Semen by any other person (other than a director or an officer, employee or agent of You acting in that capacity).
  • You undertake that the LIC Semen will not be used for any purpose other than the artificial insemination of animals ordinarily in Your own herd and You further undertake that You will not provide, procure or permit the use of, access to or possession of such semen by any other person (other than a director or an officer, employee or agent of You acting in that capacity).
  • Without limiting 3(b) and (c), it is acknowledged and agreed that the restraints in clause 3(b) and (c) do not prevent You from using LIC Semen or providing such LIC Semen to a third party for the purpose of performing or undertaking an embryo transfer reproductive process on animals ordinarily in Your own
  • You will not, except with LIC Australia’s prior written permission, source, purchase or acquire any LIC Semen from any person who is not LIC Australia, LIC, an authorised agent or distributor of LIC Australia or LIC or otherwise deal in or use in any way for any purpose any LIC Semen sourced, purchased, or acquired from such a person.
  • You agree to continuously indemnify LIC Australia and LIC for all actions, claims, costs, damages and expenses and losses whatsoever caused to LIC Australia and/or LIC, arising out of or flowing from Your breach of all or any part of clauses 1, 2 and 3 of these Terms and
  • In addition to LIC Australia these terms and conditions are intended to be for the benefit of and enforceable by all of the LIC Group
  • If any provision of these rules is found to be illegal, invalid or unenforceable, that provision will be read down to the extent necessary and reasonable in all circumstances to give it a valid operation or partial

4. PRIVACY STATEMENT

When you deal with LIC Australia, you will be providing certain personal information which LIC Australia may hold, store, or use in accordance with LIC Australia’s Privacy Policy. Further details are contained in the LIC Australia’s Privacy Policy, which can be found at https://licnz.com.au/privacy-notice/

5. ACKNOWLEDGEMENT AND LIMITATION OF LIABILITY

  • You acknowledge that farming carries inherent risks and variables which are outside our the LIC Group’s control, and which may affect the results achieved through the use of any products and/or services supplied by the LIC Group.
  • The LIC Group does not give, and its employees and agents do not have the authority to give, any representation or warranty of any sort, whether express or implied, as to the results and/or performance to be achieved or expected from any products and/or services, nor to make any admission against the LIC Group’s interests other than as provided in writing by LIC Australia or
  • Subject to clause 5(d), the LIC Group shall not be liable for any loss, damage, injury or claim of any kind (including loss of profit, loss of business, loss of opportunity, direct, indirect, consequential or special loss or damage) however caused (whether arising in contract, tort (including negligence) statute or otherwise) suffered by or made against You or any third party and arising in connection with or flowing from any product and/or service supplied by the LIC Group (including a total or partial supply failure or performance impairment), or the use or disclosure (including total or partial disclosure) of any information, by the LIC Group.
  • Nothing in these Terms and Conditions shall exclude or limit liability of LIC Australia or the LIC Group for:
    • death and/or personal injury resulting from the negligence of LIC, the LIC Group or its directors, officers, employees, contractors, or agents;
    • fraud and/or fraudulent misrepresentation by the LIC Group, or its directors, officers, employees, contractors or agents;
    • any other losses to the extent they are not capable of being excluded or limited by law. Nothing in these provisions in any way limits or reduces the statutory guarantee pursuant to the Competition and Consumer Act or the Australian Consumer Law. Despite the above, the LIC Group’s overall liability under these Terms and Conditions, or where any entity in the LIC Group is found to be liable for any loss, damage, injury or claim of any kind then LIC Group’s aggregate liability, whether arising in contract, tort (including negligence), statute or otherwise in any other circumstances whatsoever including in connection with the supply of products and/or services, shall not in any event exceed the net purchase price paid by You in respect of the relevant product and/or service or, at LIC Australia’s sole discretion, the replacement of such product and/or

6. GENERAL

Force Majeure: If LIC Australia is prevented from fulfilling its obligations under this agreement by reason of any supervening event beyond its control (including but not limited to war, national emergency, flood, earthquake, strike or lockout or illness) and is unable to fulfil its obligations, it shall immediately give notice to You and shall do everything in its power to resume full performance of its obligations as soon as possible. Subject to compliance with this clause, LIC Australia shall not be deemed to be in breach of its obligations under these Terms and Conditions during this period of incapacity and You shall continue to perform your obligations under these Terms and Conditions save only in so far as You are dependent on the prior performance of LIC Australia of obligations which it cannot perform during the period of incapacity.

Compliance with laws: You will comply with all applicable laws, regulations, and orders in force from time to time including such laws, regulations, and orders

  • imposing sanctions (including trade restrictions and economic (including financial) sanctions) on countries, individuals, or

    and

    • relating to anti-bribery, money laundering and anti-corruption

Whole agreement: These Terms and Conditions contains the whole agreement between LIC Australia and You and supersedes any prior written or oral agreement. LIC Australia and You agree they have not entered into this agreement upon the basis of any representations that are not expressly incorporated into these Terms and Conditions. No oral explanation or oral information given by LIC Australia or You shall alter the interpretation of these Terms and Conditions.

Joint and several: All agreements on either part of LIC Australia and You which comprises more than one person or entity shall be joint and several.

No modification: These Terms and Conditions may not be modified except by an instrument in writing signed by LIC Australia and You or our duly authorised representatives.

Severance: If any provision of these Terms and Conditions is declared to be void, voidable, illegal or otherwise unenforceable, it may be severed from these Terms and Conditions and the remaining provisions shall remain in full force and effect.

Assignment: You shall not be permitted to assign, transfer, sub-license, or charge any or all of the rights or obligations under these Terms and Conditions without the prior written consent of LIC Australia.

No partnership: Nothing in these Terms and Conditions shall be deemed to constitute a partnership between LIC Australia and You or the relationship of employer and employee under a contract of service nor the relationship of principal and agent.

Third parties: Subject to clause 3(g), these Terms and Conditions do not confer any benefit on any person not a party to it.

Governing law and jurisdiction: These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter of formation (including non-contractual disputes or claims) is governed by and will be construed in accordance with the laws of the State of Victoria, Australia. All parties submit to the exclusive jurisdiction of the courts of Victoria, Australia and the Victorian registry of any applicable Federal Court or tribunal to settle any dispute or claim that arises out of or in connection with these Terms and Conditions of its subject matter or formation (including non-contractual disputes or claims)

Costs: The parties agree that in the event of any litigation arising out of Your purchases from LIC Australia of any goods or services, the prevailing party shall be entitled to recover reasonable legal fees and cost.

By submitting this form: I/we the undersigned signatories hereby:

  1. acknowledge that, you have read, or have had adequate opportunity to have read, and agrees to be bound by, the Terms and Conditions set out
  2. agrees that any change which affects the trading address, legal entity, structure of management or control of the applicant will be notified to Livestock Improvement Pty Limited in writing within 7 days of the change becoming

By submitting this form, you represent and warrant that you are the User or have the authority on behalf of the User to submit this form.

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