Scottish Sheep EID Research Pilot

TERMS AND CONDITIONS FOR JOINING THE SCOTTISH SHEEP EID RESEARCH PILOT PROJECT

Scottish Agricultural Organisation Society Limited organised under the Industrial and Provident Society Acts with registered number 325R(S) and having its registered office at Rural Centre, West Mains, Ingliston, Newbridge, EH28 8NZ (hereinafter called “SAOS”)

INTRODUCTION

SAOS is co-ordinating research concerning electronic identification of the Scottish sheep flock and You (as hereinafter defined) have agreed to assist in such research (“the Scottish sheep EID research pilot”) 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;

“Critical Control Points” means as defined in the Order;

“Identified” means identified for the purposes of the Order;

“Order” means The Sheep and Goats (Records, Identification and Movement) (Scotland) Order 2009;

“Registration” means the registration form for joining the Scottish sheep EID research pilot, a copy of which can be found on the Website;

“Services” means the Scottish sheep EID research pilot web sites, databases and products including, for the avoidance of doubt, the Website;

“Tag(s)” means an electronic tag affixed to sheep in accordance with the Order;

“Website” means www.scoteid.com;

“writing” includes facsimile transmission, e-mail or comparable means of communication; and

“You” means the person identified as the keeper in the Registration.

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. JOINING THE SCOTTISH SHEEP EID RESEARCH PILOT

2.1 You join the Scottish sheep EID research pilot by completing the Registration at http://www.scoteid.com/index.php?q=user/register You may gain assistance with Registration by telephone to the scoteid information centre on 01466 794323.

2.2 By submitting your Registration You are deemed to accept these terms and conditions. Alternatively, by using any of the Services or by making an application for a grant (in accordance with clause 4) or by accepting a grant in relation to the Scottish sheep EID research pilot You are deemed to accept these terms and conditions.

2.3 You undertake that all the details You provided to SAOS on the Registration are true, complete and accurate. You agree that You will inform SAOS immediately if any changes occur. Changes can be notified by telephone to SAOS through the scoteid information centre on 01466 794323.

2.4 By joining the Scottish sheep EID research pilot You:

2.4.1 Are responsible for maintaining the confidentiality of your password for the Website. Please inform SAOS immediately if your password is disclosed to a third party. SAOS shall have no liability for any activities that occur on your account or for any data that is inputted into your account;

2.4.2 Acknowledge that the purpose of the Scottish sheep EID research pilot is to research and review the identification and traceability of sheep in Scotland and for SAOS to continue its work in relation to the use of electronic identification for sheep traceability. As such, You agree to provide the Scottish sheep EID research pilot with such information as it may reasonably require from time to time;

2.4.3 Acknowledge that in order for the Scottish sheep EID research pilot to gather and verify information access to your farm holdings may exceptionally be required. You agree to permit at such reasonable times as may be agreed between You and SAOS an authorised representative of SAOS to enter your farm holding(s) to inspect the animals and identifiers in your flock for the purposes of the Scottish sheep EID research pilot and to test electronic identification equipment;

2.4.4 Agree to give feedback to the Scottish sheep EID research pilot on the Scottish sheep EID research pilot on SAOS’ request;

2.4.5 Agree to the Scottish sheep EID research pilot using the movement data received from animals electronically tagged and from the data submitted to the Website for research purposes and to test the accuracy of sheep traceability. You also agree to co-operate and assist at Critical Control Points and, if necessary, to resubmit your sheep for electronic reading if any of the test equipment at such Critical Control Points fails or the accuracy of their readings would benefit from re-testing;

2.4.6 Confirm that You own or keep breeding sheep;

2.4.7 Accept that You may be contacted by the Scottish sheep EID research pilot for research purposes;

2.4.8 Agree (where possible) to provide the Scottish sheep EID research pilot with prior notification when You intend to move any of your flock to a destination outwith Scotland. You agree to give the Scottish sheep EID research pilot a reasonable opportunity to read the Tags of those sheep before departure and/ or provide electronic Tag readings yourself to the Scottish sheep EID research pilot before their departure;

2.4.9 Shall be responsible and agree to comply with any legislation or regulations governing your keeping of sheep, including, without limit, the Order and acknowledge that SAOS has no responsibility in respect thereof;

2.4.10 Agree to regularly check all the movements and other records of your flock on the Website and that all the information You submit to the Website shall be true and accurate. If it comes to your attention that You have provided the Scottish sheep EID research pilot with erroneous reports You agree to notify the Scottish sheep EID research pilot of the error as soon as reasonably practicable;

2.4.11 Agree to keep the Scottish sheep EID research pilot informed about the use of your electronically tagged animals and the recording of your sheep movements and to promptly report any significant issues in relation to the Scottish sheep EID research pilot to the Scottish sheep EID research pilot;

2.4.12 Acknowledge that the Scottish sheep EID research pilot recommends that You use yellow Tags and that Tags are fitted to the left ear of sheep.

3. PROVISION OF PROJECT SERVICES

3.1 The Scottish sheep EID research pilot is continually innovating and will try and improve the Services based on feedback received. You acknowledge and agree that the form and nature of the Services which the Scottish sheep EID research pilot and/ or SAOS provides may change from time to time without prior notice. You also acknowledge and agree that the Scottish sheep EID research pilot and/ or SAOS may permanently or temporarily stop providing some or all of its Services without prior notice.

3.2 SAOS may at its entire discretion disable access to your account registered with the Website. You accept that You may be prevented from accessing the Services, your account details or any documents or data contained in your account or registered with the Website. SAOS recommends that You keep your own copies of all documents and data You register with the Website.

4. GRANT

4.1 In order to facilitate the future reading and recording of information relating to sheep movements, on joining the Scottish sheep EID research pilot You will be eligible to apply for grants (if still available) on the purchase and fitting of Tags to sheep in accordance with this clause 4.

4.2 The following grants may be available to You on making an application to SAOS:

4.2.1 For each animal Identified under section 5 of the Order (ie a sheep born or Identified after 31 December 2009 and intended to be kept for breeding or beyond 12 months of age which has been fitted with a pair of tags, one of which must be a Tag) £0.40 will be paid.

4.2.2 For each animal Identified under section 6 of the Order (ie a sheep born or Identified after 31 December 2009 and which is intended to be slaughtered within 12 months of birth which has been fitted with a Tag) £0.40 will be paid

4.3 Grants will only be awarded for animals carrying approved ear tags (ie tags the sale of which is approved by the Scottish Government and which bear the mark “PAS 66” on them). Evidence of approval may be required by SAOS.

4.5 For the avoidance of doubt, You may only apply for a grant for animals in your flock that have had electronic identifiers fitted after 31 December 2009 and only one grant may be sought per individual sheep in your flock. You agree not to apply for a grant for any replacement tags.

4.6 In order to apply for a grant under this clause 4, copy invoices for the purchase of approved ear tags for animals taking part in the research pilot must be submitted to SAOS. Copy invoices should be sent to SAOS as soon as possible following your receipt of an invoice in respect of the tags purchased. Such invoice must include the CPH number(s) of the holding(s). Copy invoices may be sent to Unit 28, The Huntly Business Centre, Gordon Street, HUNTLY, AB54 8FG, or faxed to 01466 792801.

4.7 You accept that SAOS may contact You for additional information to confirm your eligibility for a grant. You agree to retain your original tag invoice(s) and make them available to SAOS on request. You agree to provide SAOS with such information as it reasonably requires.

4.8 You shall ensure the accuracy of any information You supply to SAOS in terms of making an application for a grant or enquiries thereon.

4.9 If your application for a grant is successful the grant will be paid to You by cheque. Assuming your application is successful, following submission of copy invoices to SAOS, SAOS shall endeavour to pay You the grant within 60 business days. Time shall not be of the essence in paying any grant awarded.

4.10 Joining the Scottish sheep EID research pilot does not mean that You are guaranteed to receive any grant payment. SAOS has limited resources to fund grants and it is at SAOS’ discretion as to whether and to whom grants are awarded. Grants shall only be available for lambs born in 2010 which have been fitted with a Tag in accordance with the Order.

4.11 SAOS reserves the right to vary the amount available and/ or to be paid by way of grant at any time.

4.12 For the avoidance of doubt, You shall independently source the Tags from manufacturers approved by the Scottish Government and You accept that SAOS shall have no liability in relation to the purchase, installation, operation, maintenance or removal of the Tags. You warrant that the animals which are tagged for the purposes of the Scottish sheep EID research pilot, for which You apply for a grant for, will be kept solely within Scotland or shall have been born in Scotland.

4.13 You hereby consent to any publicity about the grant and the Scottish sheep EID research pilot as SAOS may from time to time reasonably require. SAOS can carry out any form of publicity and marketing to promote the award of the grant as they see fit.

4.14 You will participate in the evaluation of SAOS’ grant programme if asked to do so by SAOS.

4.15 If SAOS considers in its reasonable opinion that You have breached any of the terms of these terms and conditions You agree that You may be required by SAOS to repay any grant(s) received.

5. DATA

5.1 All information which You may have access to through your use of the 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.

5.2 You retain copyright and any other rights You already hold in any information You submit through the Services. However, You hereby grant to SAOS 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.

5.3 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).

5.4 As part of your application to participate in the Scottish sheep EID research pilot and whilst it is continuing SAOS or its agents may obtain the personal data of You or your employees (personal data is defined by the Data Protection Act 1998 (“DPA”)). As part of ensuring that any such personal data is processed fairly SAOS is obliged by the DPA to provide You with the following information:

5.4.1 For the purposes of the DPA, your contact at SAOS is Bob Yuill, Scottish Agricultural Organisation Society Limited, Rural Centre, West Mains, Ingliston, Newbridge, EH28 8NZ, Telephone No: 0131 472 4100.

5.4.2 Any personal data that You or your employees provide will be used by SAOS only for the purposes of administering the Scottish sheep EID research pilot (including any developments to the Scottish sheep EID research pilot from time to time), researching, reviewing and analysing sheep identification and traceability and reporting to the Scottish Government. It is accepted that such report may be made public. Your personal data may be given to any relevant government department or agency for these purposes but will not be disclosed by SAOS to any other organisation for any other purpose other than in relation to cases of suspected fraud. You also consent to such personal data being retained and used by SAOS or its successors in promoting any database relating to sheep movement and traceability following the conclusion of the Scottish sheep EID research pilot.

6. CONSEQUENTIAL LOSS

You agree that SAOS shall not be liable for consequential or indirect losses You may incur including but not limited to 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 SAOS’ negligence, breach of statutory duty or otherwise) arising from or relating to the Services and/ or the Scottish sheep EID research pilot and whether or not such losses were foreseeable at the time of entering into the Agreement.

7. LIABILITY

7.1 The Services are provided “as is” and SAOS provides no warranty in relation thereto. SAOS does not represent or warrant that:

7.1.1 your use of the Services will be uninterrupted, timely, secure or error free;

7.1.2 your use of the Services will meet your statutory or other requirements; and

7.1.3 any information obtained by You as a result of your use of the Services will be accurate.

7.2 Any advice or recommendation given by SAOS or its employees or agents as to the availability of grants or otherwise in relation to the Scottish sheep EID research pilot which is not confirmed in writing by SAOS is followed or acted upon entirely at your risk, and SAOS shall not be liable for any such advice or recommendation which is not so confirmed.

7.3 Any typographical, clerical or other error or omission in any document or information issued by SAOS shall be subject to correction without any liability on the part of SAOS.

7.4 The aggregate liability of SAOS, its officers, employees and agents arising from or relating to the performance of this Agreement and your involvement in the Scottish sheep EID research pilot 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.

8. GOOD FAITH

You agree to use your reasonable endeavours to cooperate with SAOS during the Scottish sheep EID research pilot and to do all things reasonably necessary and desirable to give effect to the spirit, aims and intention of this Agreement.

9. GENERAL

9.1 These terms and conditions together with the Registration constitute the whole contract between SAOS and You and supersede all previous agreements You may have with SAOS in relation to the subject matter hereof. No variation to these terms and conditions shall be binding unless agreed in writing between SAOS and You.

9.2 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 or grant application to the party giving the notice.

9.3 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 SAOS 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 SAOS immediately if You become aware of any breach of confidentiality concerning the Scottish sheep EID research pilot .

9.4 SAOS may at any time transfer or assign all or any rights and/ or obligations under any contract between SAOS and You.

9.5 You shall not assign or sub-contract any of your rights and obligations hereunder without the prior written consent of SAOS.

9.6 Nothing in these terms and conditions shall be construed so as to create a partnership or joint venture between the parties.

9.7 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.

9.8 For the avoidance of doubt, all obligations stated to be on You under these terms and conditions are owed to SAOS as coordinators of the Scottish sheep EID research pilot.

9.9 These terms and conditions shall be governed by and construed in accordance with the Law of Scotland and the Parties agree that the Scottish courts shall have non-exclusive jurisdiction.