BIXS Terms and Conditions
1.1 In this
"Abattoir" means an establishment, as
defined by the Canada Meat Inspection Act, and any facility licensed under provincial legislation
to slaughter cattle;
BIXSco Inc., a registered corporation in the
province of Alberta, carrying on business at 2nd Floor, 10607 82
Street, Edmonton, AB T6A 3N2;
the Beef InfoXchange System operated and maintained
by BIXSco Inc.;
all officers, directors, employees, agents,
contractors and consultants of BIXSco Inc.;
the BIXSco website, located at www.bixsco.com; and,
the Financial Interest Notification System (“FINS”);
"BIXS Program Administrators"
mean those persons authorized by BIXSco Inc. to administer BIXS;
"CBBC" means the Canadian Beef Breeds Council;
"CBBC Information" means additional
information provided by members of the CBBC;
"CCIA" means the Canadian Cattle
"CLTS" means the Canadian Livestock
Tracking System operated by CCIA;
“FINS” means the Financial Interest Notification
System, an application that accesses Identification Information and Individual
Animal Information held in the BIXS database, and records details of financial
contracts and security agreements between Participants and Third Party
“Identification Information” includes first name,
last name, e-mail address, business or operation name, mailing address, city,
province, postal code, personal phone number, business phone number, CCIA
Account ID number, Premise ID number and VBP+ Status.
"Individual Animal Information" means
Required Information, Optional Information and CBBC Information;
"Optional Information" means information
described in article 5.4 of this agreement that can be entered into BIXS
but is not Required Information or Platform Partners Information,
"Required Information" means the
Individual Animal Information that is required to be entered into BIXS as
a condition of participating in BIXS;
"Livestock Dealer" means a person other
than an Abattoir who, as an agent or on the person's own behalf, purchases
or sells livestock, including an ownership interest on livestock, and does not provide
feed and/or housing, either personally or contracted, for the livestock
purchased for for a minimum of 30 days before selling the livestock;
means a commercial or purebred cow-calf producer, feedlot, backgrounder, or
Abattoir registered with BIXS, or a Third Party Provider acting on behalf of,
or as an agent for any Participant.
“Platform Partners” will include but is not limited
to Canadian Cattle Identification Agency(CCIA), Canadian Beef Breeds
Council(CBBC), Verified Beef Production Plus(VBP+).
to search for data within the BIXS database and integrated systems that are
accessible to the user and allowed by agreements.
“Services” means services provided to Participants
through BIXS, including the Beef InfoXchange System and web site;
“Terms" means the terms and conditions set out
in this document, as may be amended from time to time by BIXS;
Associate" or “TPA” means a person or organization authorized by the
Participant and approved by BIXS to access, enter and modify data in FINS;
"Third Party Provider" means a person or
organization authorized by the Participant and approved by BIXS to
provide Identification Information, Required Information, Optional
Information and CBBC Information to BIXS on behalf of Participants;
"Third Party User" means a person
approved by CCIA to provide Identification Information and Required
Information to CLTS on behalf of a Participant.
“Transmission” means to supply information and data,
or input information and data into the BIXS database and integrated systems,
using the recommended methods
2. Participant relationship
2.1 Participants’ use of the Services is voluntary and subject to the Terms
set out in this document as may be amended from time to time.
2.2 By accepting these Terms and using the Services the Participant is
to use its Identification Information to
verify its identity by comparing the BIXS Identification Information with the
Participant’s profile in the CLTS;
to be the Participant’s Third Party User
for the purpose of reporting Required Information to CLTS on the Participant’s
to exchange, upload and download the
Participant’s Identification Information and Required Information with CLTS.
3. Accepting the Terms
3.1 To use the Services, Participants must first agree to the Terms. Participants
may not use the Services unless they accept the Terms.
3.2 Participants can accept the Terms by:
clicking to accept or agree to the
Terms, electronically, where this option is made available to you by BIXS;
indicating your acceptance or agreement with
the Terms by your signature on this document or any other document incorporating
the Terms by reference; or,
by accepting or agreeing to the Terms, where this
option is made available to you through a Third Party Provider, or Third Party
Associate and where record of such acceptance is kept by the Third Party
Provider, or Third Party Associate.
3.3 A person who is not able to form a contract because they are not of legal
age, lack capacity, or for any other reason, may not use the Services and may
not accept these Terms.
4. Language of the
4.1 The English language version of the Terms governs Participants’
relationship with BIXS.
4.2 Where BIXS has provided a French translation of the English language
version of the Terms, the translation is provided for convenience only.
4.3 If there is any contradiction between what the English language version of
the Terms says and what a French translation says, then the English language
version shall take precedence.
5. Requirements to
5.1 Registering with BIXS by providing the mandatory Identification
Information requested on the BIXS registration page is required to participate
5.2 Currently there are
no fees for Participants to register, enter or retrieve Individual Animal
Information for livestock owned or managed by Participants.
5.3 Required Information – to participate in the BIXS program,
the following Required Information must be submitted
by Participant Cow-Calf Producers
(commercial and purebred):
Individual animal RFID tag numbers;
animal birthdates either as actual individual animal birthdates or a calving
While not required, it is highly
recommended that Participants acquire and provide their premises ID. BIXS
will accommodate all regional premises ID programs as well as the CLTS.
by Participant Feedlots and
individual animal RFID tag numbers; date
of animal's move-in to feedlot; weight in pounds of individual animal at
move-in to feedlot; date at individual animal move-out of feedlot;
While not required t is highly
recommended that Feedlot and Backgrounder Participants acquire and provide their
Premises ID. BIXS will accommodate all regional Premises ID programs as well as
by Participant Abattoirs:
electronic carcass measurements or
equivalent data derived manually; premises ID; individual animal RFID tag
number; animal’s slaughter date; carcass grade fat depth; individual animal hot
carcass weight; carcass yield class/yield grade; carcass marbling class/quality
grade; yield percentage; ribeye length; ribeye width; ribeye area; and,
marbling score within quality grade (e.g. AAA40 etc).
5.4 Optional Information – the BIXS database is set up to collect
the following Optional Information, which Participants may enter at their
from Participant Cow-Calf Producer:
sex, management tag, DNA tag, birth weight, calving assist, breed/cross,
colour, sire ID#, Dam ID#, move-in information, move-out information,
production information, vaccination and health management information, calving
information, tag retirement, re-tagging, and value-added information;
from Participant Feedlots and
Backgrounders: management tag, additional move-in information, additional
move-out information, feeding information, vaccination and animal health and
management information, value added information, export information, tag
retirement and re-tagging;
from Participant Abattoirs: management
tags and additional carcass data.
from Participant Livestock Dealers: individual
animal RFID tag number; animal's move-in or move-out date and premises ID.
Pedigree and Performance
Information – Additional pedigree and performance information provided by
members of the CBBC. For further information with respect to the
additional purebred fields available to purebred Participants please contact
your breed association or the CBBC.
5.5 All Required Information, Optional Information and CBBC Information submitted
to the BIXS database is available to the BIXS Program Administrators and is
housed in the BIXS database.
5.6 Information becomes shareable in the system in accordance with these
Terms and Conditions as Radio Frequency Identification (RFID tag numbers are
reported (uploaded) to the BIXS database.
6. BIXS Platform Partners
6.1 The Platform Partners will be able to request reports from the BIXS
Program Administrators on a fee for service basis to analyze the data
submitted by or on behalf of their members against the whole BIXS aggregate
population data, or a sorted portion of the data set at the discretion of the
BIXS Program Administrators. Platform Partners are not permitted to access the
BIXS database to download any data or to mine the data. No Identification
Information of any Participant will be included in any reports provided to BIXS
6.2 BIXS may function as a platform for other data sharing programs and
subsequent information sharing agreements may be developed between the BIXSco
Inc. and other beef value chain participants, which will entail some sharing of
information located on BIXS and other databases.
7. Required Information –
Automatic Data Sharing Consent
7.1 By registering with BIXS the Participant consents to
the disclosure by BIXS of all
Required Information to other BIXS Participants on the following conditions:
the BIXS Participant is an approved, registered
Participant in the BIXS program;
only data/information pertaining to RFID
tag numbers registered within the BIXS Participant's inventory
is viewable by that Participant;
data/information pertaining to RFID
tag numbers in the BIXS database can only be viewed if that BIXS Participant
has performed an "event" identified in the data fields on BIXS for
the applicable animal(s); and
in the case of carcass data, only if the
BIXS Participant is not a Livestock Dealer;
the disclosure of all Required
Information with ALL the BIXS Participants that meet the criteria as
outlined above and not selectively with only some of the BIXS
the disclosure by the BIXS Program
Administrators of all information required to be reported under the
federal Health of Animals Regulations, or relevant provincial
legislation, to the Canadian Cattle Identification Agency (CCIA)
the collection and the submission of the
Participant’s CCIA Account number, Operation or Participant name and phone number to CCIA for the purpose of the CLTS validating Participant’s
CCIA Account number and assigning the BIXS CCIA account as a third party to
your CLTS account to enable BIXS to submit the Required Information to CLTS on
your behalf and to retrieve Information and animal information including RFID
number and Birthdate where available from your CLTS
the extraction of information pertaining
to Participants’ animals from the CLTS, if it has already been entered in
the CLTS system, including date of birth, DOB Method, Colour, Species, Sex,
Breed, Account ID; and,
the use of all Required Information by
the BIXS Program Administrator(s) to:
carry out the role of the BIXS Program
perform BIXS database queries for BIXS'
Participants in accordance with these Terms; and
generate reports for use by the BIXS
Program Administrator(s) and the Platform Partner(s).
7.2 BIXS does not warrant nor guarantee the accuracy of Required
Information uploaded to CLTS or the timing of the upload of Required
Information to CLTS and we shall not be liable for any errors, omissions or
delays in the upload of your Required Information to CLTS.
7.3 The Participant is responsible for ensuring that any Required Information
that must be entered into the CLTS pursuant to the federal Health of
Animals Act or any provincial legislation has been uploaded to CLTS by
BIXS following entry of the Required Information into BIXS. You are required
to notify the BIXS Program Administrators immediately if any Required
Information has not been uploaded to CLTS or if there are any errors or
omissions in the Required Information uploaded by BIXS to CLTS.
8. Optional and CBBC
Information and Identification Information – Data Sharing Consent
8.1 Participants do not automatically consent to the disclosure of any
Optional Information entered into the BIXS system by registering with BIXS.
8.2 Participants must choose one of the following options as it pertains to
sharing Optional Information in BIXS:
share ALL Optional Information the
Participant submits to BIXS with ALL other Participants according to
the conditions noted in paragraph 5.4; or
share NONE of the Optional Information Participants
submit to BIXS with any other Participant.
8.3 By registering with BIXS the Participant does not automatically consent
to the disclosure of any CBBC Information entered in the BIXS
system. Purebred Participants will have the option of individually
selecting key CBBC Information elements for sharing or keeping
private. This option is provided from two places: (1) during registration
and (2) from Your Business Tab in the CBBC portal to BIXS.
8.4 If the Participant chooses to share Optional Information or CBBC
Information with other BIXS Participants, the Participant has the following
choices as it pertains to sharing Identification Information (other than the
Participant’s CCIA Account Number) with other BIXS Participants:
share Identification Information
including: contact name, company/ranch/operation name, phone numbers and e-mail
address in query reports generated by the BIXS Program Administrator(s); or,
share no Identification Information.
8.5 Participants must choose one of the options listed in paragraph 8.2 and
one of the options listed in paragraph 8.4 upon registering with BIXS.
8.6 Participants can change their selection under articles 8.2 and 8.4 at any
8.7 Notwithstanding the Participant’s choice with respect to sharing Optional
Information and CBBC Information with other Participants, Optional Information
and CBBC Information will be used by the BIXS Program Administrator(s) to:
carry out the role of the BIXS Program
perform BIXS database queries for BIXS'
Participants in accordance with these Terms; and
generate reports for use by CCA, CBBC
and the BIXS Program Administrator(s) and the Platform Partners.
8.8 Notwithstanding the Participants choice with respect to sharing
Identification Information with BIXS Participants, Participants’ Identification
Information will be used by BIXS, and the Participant hereby consents to its
Identification Information being used by BIXS in order to:
verify the Participant’s CCIA Account
number, membership in a Platform Partner program/organization and participation
in any value chain;
notify the Participant of specific
issues or anomalies that arise in relation to the data you submit;
contact the Participant’s if the
Participant’s animals are the subject of a database query submitted by another
BIXS Participant; and
contact the Participant for any other
purpose relating to participation in BIXS, the Services provided by BIXS, new
product offers, promotions and other matters.
9. BIXS Program
9.1 By registering with BIXS the Participant agrees that the BIXS Program
will maintain control of, and be
responsible for, the integrity and function of the BIXS database;
will manage the status, user names and
access rights of all BIXS Participants;
a Participant's enrolment in a specific program;
may suspend or revoke the Participant’s use
of and access to the BIXS database and withhold data/information at BIXS’ discretion;
may modify the description of events or
attributes listed in the data fields maintained on BIXS to meet changing
may audit the Participant’s activities
and perform audit functions directly or through approved Third
Party Users on any data/information and processes within the BIXS system;
may run extraction reports, and run and
analyze program level reports to determine program reporting requirements;
may use all Required
Information and Optional Information within the BIXS system to perform analyses
and develop basic, and limited, benchmark and reporting statistics;
will respond to, review and rule upon
database query requests by BIXS Participants;
will run approved query request reports
and provide the querying party's contact information to the BIXS Participants
whose inventory matches, in whole or in part, the query results;
will manage the BIXS portal, community
and portlet content matter; and
such other roles and responsibilities as
may be assigned to the BIXS Program Administrator(s) or the Platform Partners.
10. BIXS Queries
10.1 The BIXS Program Administrators will, subject to paragraph 10.3,
query the database to develop lines of communication and business relationships
across the beef chain.
10.2 The BIXS Program Administrators, at their sole discretion, maintain the
right to refuse and/or limit database query requests from any BIXS Participant.
10.3 The Terms and Conditions for queries to the BIXS database are
Program Administrators maintain the right to approve or deny any
unless an exception is granted at the
discretion of the Program Administrator upon the direction of the CCA
only registered BIXS Participants in good standing may submit a query
to the BIXS Program Administrators;
notwithstanding start-up phase
limitations, and based upon terms and conditions established by the BIXS
Program Administrators, those BIXS Participants submitting a query request must
have a proven record of having uploaded event data on BIXS cattle registered
within their inventory before their query will be processed;
a query based upon a RFID tag number, or
range of RFID tag numbers, can be requested by a BIXS participant in good
standing and acting upon that request, or refining the request, is the sole
discretion of the BIXS Program Administrators;
those submitting a query
request must provide their full contact information including their company
name, personal contact name, telephone/cell numbers and e-mail address;
the BIXS Program
Administrators analyze the database according to the query parameters;
the BIXS Program Administrators will not
provide the Participant submitting the query request with the contact
information for those producers or feedlots with animals in the BIXS database
matching, in whole or in part, the query parameters, nor will the Participant
submitting the query request be informed of the outcome of the query by the
BIXS Program Administrators;
those consenting BIXS Participants whose
Optional Information and CBBC Information and those Participants whose Required
Information matches the query will be provided, by e-mail notification, the
contact information of the Participant submitting the query request and some
details of the query;
it is in the sole discretion of the
Participants whose animals match the query whether or not to make contact with
the person submitting the query request regarding the specific query report
initially, queries will be limited to
the following attributes: RFID tag number(s), Birth date (age) records: date
range, Breed/crossbreed: specific breed/crossbreed, Colour: specific colour,
Weaning weight: weight range, Castration date/method: date range, Vaccination
date/product(s): date range & specific product(s), Immunization program:
specific immunization program name, VBP registered/audited operations;
10.4 To maintain Participant confidentiality, those launching a query of the
BIXS database will not have access to contact information of any Participant
whose animals match the query nor will the Participant submitting the query be
informed of the outcome of the BIXS Program Administrators' analyses of the
database regarding the query parameters.
10.5 Participants are solely responsible for any interaction with other BIXS
Participants as a result of an introduction through the BIXS database query
10.6 Participants acknowledge and understand that BIXS has not, and does not,
in any way:
inquire into the backgrounds of the
review or verify the information
provided by the Participants.
10.7 Participants agree to exercise reasonable precautions in all
interactions with other Participants, particularly when meeting in person or doing
10.8 BIXS does not represent, warrant, endorse or guarantee the conduct of any
Participant in any personal or business relationship with other Participants.
10.9 In no event will BIXS be liable for any damages, of any type and
howsoever caused, arising out of or related to any information provided by a
Participant, any relationship entered into between Participants or relating to
any Participant's conduct in connection with the use of the Services.
11. Information Entered in
BIXS by Third Party Providers
11.1 Participants may apply to authorize another individual or company (known
as a "Third Party Provider") to act as their agent to enter
information into the BIXS database on their behalf.
11.2 The Particpant’s authorization appointing a Third Party Provider as an agent
must be in writing and on the forms supplied by BIXS.
11.3 An agent cannot act as a Third Party Provider until the Participant’s
application is approved by BIXS.
11.4 By appointing a Third Party Provider as an agent, the Participant is, at
the same time, appointing BIXS as a Third Party User for the purpose of reporting animal birth date information on the Participant’s behalf to the
11.5 Approval of a Third Party Provider is conditional upon the Participant and
the Third Party Provider accepting these Terms. When a Third Party Provider
is approved, both the Participant and the Third Party Provider, as the agent
for the Participant, are jointly bound by these Terms.
11.6 Notwithstanding that a Third Party Provider is bound by these Terms, the
Participant shall be responsible for the Third Party Provider’s compliance with
these Terms, and the truth, accuracy and completeness of the Identification
Information, Required Information, Optional Information and CBBC Information
entered into the BIXS database by the Third Party Provider on the Participant’s
11.7 Third Party Provider Application forms are available from the BIXS
Program Administrators and on the BIXS website at http://www.bixsco.com.
11.8 The Participant shall retain copies of any Third Party Provider
Application forms submitted to BIXs.
12. Computer Requirements
12.1 BIXS will function for those systems with at least 256 megs RAM utilizing
XP, Vista Operating Systems, or Windows 7 and Internet Explorer 7.0, 8.0
and 9.0, the newest Firefox, Safari on the PC, and Chrome browser versions. Other
browsers such as Explorer 6.0 and 9.0 and operating systems may work but are
not officially supported at this time.
12.2 Testing is underway for the Mac Operating System using the Safari web
browser. Testing results to date have not revealed any issues but users should
be aware that use of Mac is not officially supported at this time. BIXS will
provide further updates for Mac users as they become available.
12.3 At a minimum, a dial-up connection that allows you to
connect to the Internet via a local server using a standard 56k modem will be
required to access the BIXS system. However, a high speed internet
connection is highly recommended when accessing BIXS to take advantage of all
the features. If you have a high-speed Internet connection you can access
the BIXS portal directly via the BIXS website.
13. Provision of the
Services by BIXS
13.1 Several organizations partner with BIXS and, if you are a
member of any of the Platform Partners these organizations will be providing
the Services to you on behalf of BIXS itself and will be sharing information
you provide to them with BIXS. You acknowledge and agree that these
organizations will be entitled to provide the Services to you and share your
information with BIXS.
13.2 BIXS endeavours to make the Server and the Services available to Participants
at all times, but shall not, in any event, be liable for interruptions of
Service or down-time of the Server.
13.3 BIXS is constantly innovating in order to provide the best possible
experience for its users. Participants acknowledge and agree that the form and
nature of the Services which BIXS provides may change from time to time without
13.4 As part of this continuing innovation, the Participant acknowledges and
agrees that BIXS may stop or suspend provision of the Services or any aspect of
the Services to Participants or any other party at BIXS's sole discretion,
without prior notice. You may stop using the Services at any time, in
accordance with the Terms of this agreement.
13.5 The Participant acknowledges and agrees that if BIXS disables access to the
Participant’s account, the Participant may be prevented from accessing the
Services, including account details, any files, or any other content which is
contained in the Participant’s account.
13.6 The Participant acknowledges and agrees that while BIXS does not
currently set a fixed upper limit on the information the Participant
may send or receive through the Services or on the amount of storage space used
for the provision of any Service, such fixed upper limits may be set by BIXS at
any time, at BIXS' discretion.
13.7 BIXS may
set fees for alternative services, such as FINS (Financial Interest
Notifications Services), or any other VAS (Value Added Services) which BIXS may
14. Use of the Services by Participant
14.1 In order to access certain Services, the Participant is required to
provide information as part of the registration process for the Service, and as
part of your continued use of the Services. The Participant agrees that any
registration information given to BIXS is accurate, complete and up to
date. The Participant agrees to maintain and promptly update the
Participant’s registration information as required to keep it accurate,
complete and up to date.
14.2 In order to participate in BIXS, the Participant is required to provide
certain Required Information relating to the Participant's animals and may
provide certain Optional Information and CBBC Information. The Participant
agrees that all Required Information, Optional Information and CBBC
Information the Participant submits to BIXS is accurate and current. The
Participant agree’s to maintain and promptly update Required Information,
Optional Information and CBBC Information as required to keep it accurate,
complete and up to date.
14.3 If the Participant provides any information that is untrue, inaccurate or
incomplete, or if BIXS has reasonable grounds to believe that such information
is untrue, inaccurate or incomplete, the BIXS Program Administrators may
suspend or terminate the Participant's account and refuse any and all current
or future use of the Services.
14.4 The Participant agrees to use the Services only for the purposes
permitted by the Terms and any applicable law, regulation or statutorily
Participant agrees not to access or attempt to access the Services by any means
other than through the interface provided by BIXS or the Platform Partners, except
as may be provided by a subsequent mutual, written agreement with BIXSco Inc.
14.6 The Participant shall not access or attempt to access any of the Services,
or collect or aggregate information, data or metadata from the Services through
any automated means, including the use of scripts, web crawlers, or any other
14.7 The Participant will not engage in any activity that interferes with or
disrupts the Services.
14.8 The Participant will not reproduce, duplicate, copy, sell, trade or
resell the Services for any purpose.
14.9 You agree that you are solely responsible for (and that BIXS has no
responsibility to you or to any third party for) any breach of your obligations
under the Terms and for the consequences (including any loss or damage which
BIXS may suffer) of any such breach.
14.10 The Services provided to you and your account with BIXS cannot be
transferred or used by anyone other than you or an approved Third Party User.
No more than one log-in session under any one account may be used at any time
by you or a Third Party User. If you have multiple accounts, you are limited to
one login session per system account at any time.
14.11 Participants are prohibited from transferring accounts to another party. BIXS
Program Administrators may cancel Participant accounts and terminate the
Participant’s access to the Services for such activity.
14.12 Participants are solely responsible for maintaining copies and back-ups
of any information entered in BIXS. Participants acknowledge that BIXs is not,
nor is it intend to be, the sole method Participants use to record and maintain
Individual Animal Information.
15. Passwords and account
15.1 Participants are responsible for maintaining the confidentiality of
passwords associated with any account Participants use to access the Services.
15.2 The Participant agrees to be solely responsible to BIXS for all
activities that occur under the Participant’s account.
15.3 If the Participant becomes aware of any unauthorized use of the
Participant’s password or account, the Participant agrees to notify BIXS
immediately at email@example.com.
16. Privacy and your
16.1 BIXS complies with the personal information and privacy protection laws
of Canada and its provinces, as applicable. For information about BIXS'
personal information protection practices, please read BIXS's Personal
Information Protection Policy.
16.2 By agreeing to these Terms you acknowledge reading and agreeing to the
BIXS Personal Information Protection Policy.
16.3 If there is any contradiction between BIXS' Personal Information
Protection Policy and these Terms, then these Terms shall take precedence.
17. Quality of Participant
17.1 All Required Information, Optional Information and CBBC Information submitted
to BIXS by Participants or Third Party Providers, is the sole responsibility of
the Participants or Third Party Providers that provided the information.
17.2 BIXS does not control the information entered into BIXS and, as such,
does not guarantee the accuracy, integrity or quality of the Required
Information, the Optional Information or the CBBC Information.
may not modify, sell or distribute information provided in the services, either
in whole or in part, except as may be provided by a subsequent written
agreement with BIXS.
17.4 BIXS reserves the right pre-screen, review, flag, filter, modify, refuse
or remove any or all information from any Service.
17.5 The Participant relies upon and uses the Services or information provided
in the Services at the Participant’s own risk.
17.6 Participants are solely responsible for any information that Participants
create, transmit, display, retrieve or download while using the Services and
for any damages resulting from the use of Services or information provided or
obtained from the Services.
18. Proprietary rights
18.1 You acknowledge and agree that BIXS (or BIXS's licensors) own all legal
right, title and interest in and to the Services, including any intellectual
property rights which subsist in the Services (whether those rights happen to
be registered or not, and wherever in the world those rights may exist). You
further acknowledge that the Services may contain information which is
designated confidential by BIXS and that you shall not disclose such
information without BIXS's prior written consent.
18.2 Unless you have agreed otherwise in writing with BIXS, nothing in the
Terms gives you a right to use any of BIXS's trade names, trademarks, service
marks, logos, domain names, and other distinctive brand features.
18.3 You hereby grant to BIXS a nonexclusive, nontransferable, royalty-free,
worldwide license to use your Individual Animal Information in connection with
the services provided by BIXS to the BIXS Participants and the Program
18.4 BIXS reserves the rights to manage, use, and publish Individual Animal
Information you provide for statistical or scholarly study or research purposes
provided that your identity cannot be identified with or linked to any
individual or aggregate animal information. BIXS further reserves the right
to grant other parties access to the Individual Animal Information for the same
purposes and on the same condition.
18.5 BIXS retains all intellectual property rights and interests in the
Individual Animal Information and services provided by BIXS, including but not
limited to all patents, copyrights, and trademarks.
18.6 Any income BIXS receives as a result of the manipulation, use or
publication of Individual Animal Information for statistical or scholarly study
or research purposes or for providing reports to Platform Partners and others
shall be used solely for the purpose of:
sustaining, maintaining or enhancing
BIXS in the best interest of the Canadian beef industry;
assisting BIXS Participants in
understanding and fully utilizing the data provided back through BIXS;
19. Ending the Participant Relationship
19.1 If you want to terminate your legal agreement with BIXS, you may do so by
notifying BIXS at any time, in writing
closing your accounts for all of the
Services which you use, where BIXS has made this option available to you
19.2 BIXS may at any time, terminate its legal agreement with you if:
you have breached any
provision of the Terms (or have acted in manner which clearly shows that you do
not intend to, or are unable to comply with the provisions of the Terms);
BIXS is required to do so by law (for
example, where the provision of the Services to you is, or becomes, unlawful);
the Platform Partner with whom BIXS
offered the Services to you has terminated its relationship with BIXS or ceased
to offer the Services to you;
BIXS is transitioning to no longer
providing the Services; or
the provision of the Services to you by
BIXS is, in BIXS' opinion, no longer commercially viable.
19.3 When these Terms come to an end, all of the legal rights, obligations and
liabilities that you and BIXS have benefited from, and been subject to, shall
be unaffected by this termination of your relationship with BIXS, and the
provisions of paragraphs 17, 20, 21 and 22 of these Terms shall continue to
apply to such rights, obligations and liabilities indefinitely.
19.4 On termination of your relationship with BIXS:
your Required Information, Optional
Information and CBBC Information will remain in the BIXS database;
your Required Information will continue
to be shared with other BIXS Participants in accordance with paragraph 6;
your Optional Information and CBBC
Information, regardless of sharing option selected, will remain in the BIXS
database for statistical and database administration purposes, but your
Optional Information and CBBC Information will not be shared nor will it be
available for query purposes after the date you terminate your relationship
with BIXS; and;
your Identification Information will not
be used by BIXS except for the purposes to which you have consented to the continued
use of this information on termination of your relationship with BIXS.
20.1 The Participant indemnifies BIXS and holds BIXS harmless for any breach
of these terms by the Participant or any claim brought against BIXS by a third
party resulting from the provision of Services by BIXS to the Participant
including, without limitation, all claims, actions, proceedings, losses,
liabilities, damages, costs, expenses (including reasonable legal costs and
expenses), howsoever suffered or incurred as a consequence of the Participant’s
breach or non-observance of these Terms.
21. Exclusion of Warranties
21.1 Nothing in these terms shall exclude or limit BIXS' warranty or liability
for losses which may not be lawfully excluded or limited by applicable law.
Some jurisdictions do not allow the exclusion of certain warranties
or conditions or the limitation or exclusion of liability for loss or damage
caused by negligence, breach of contract or breach of implied terms, or
incidental or consequential damages. Accordingly, only limitations permitted by
the law governing these terms will apply and BIXS’ liability will be limited to
the maximum extent permitted by these terms or the law governing these terms,
21.2 The Participant expressly understands and agree that the use of the
services is at the Participant’s sole risk and that the services are provided
"as is" and "as available."
21.3 In particular, BIXS do not represent or warrant to the Participant that:
the Participant's use of the services
will meet your requirements,
the Participant's use of the services
will be uninterrupted, timely, secure or free from error,
any information obtained by the
Participant as a result of the Participant’s use of the services will be
accurate or reliable, and
that defects in the operation or
functionality of any software provided to the Participant as part of the
services will be corrected.
21.4 Anything downloaded or otherwise obtained through the use of the Services
is done at the Participant's own risk and the Participant will be solely
responsible for any resulting damages from the use of the Services.
21.5 No advice or information, whether oral or written, obtained by the
Participant from BIXS or through or from the services shall create any warranty
not expressly stated in the terms.
21.6 BIXS further expressly disclaim all warranties and conditions of any
kind, whether express or implied, including, but not limited to the implied
warranties and conditions of merchantability, fitness for a particular purpose
22. Limitation of Liability
22.1 The Participant expressly understands and agrees that BIXS shall not be
liable to the Participant for:
any direct, indirect, incidental,
special consequential or exemplary damages, which may be incurred by the
Participant, however caused and under any theory of liability. This shall
include, but not be limited to, any loss of profit (whether incurred directly
or indirectly), any loss of goodwill or business reputation, any loss of data
suffered, cost of procurement of substitute goods or services, or other
any loss or damage, which may be
incurred by the Participant, including but not limited to loss or damage as a
any reliance placed by the Participant on
the completeness, accuracy or existence of any Required Information or Optional
Information, or as a result of any relationship or transaction between the
Participant and any BIXS Participant or advertiser whose advertising appears on
any changes which BIXS may make to the
services, or for any permanent or temporary cessation in the provision of the
services (or any features within the services);
the deletion of, corruption of, or
failure to store, any content and other communications data maintained or
transmitted by or through the Participant’s use of the services;
the Participant's failure to provide
BIXS with accurate account information;
the Participant's failure to keep
password or account details secure and confidential;
22.2 The limitations on BIXS' liability to the Participant shall apply whether
or not BIXS has been advised of or should have been aware of the possibility of
any such losses arising.
23.1 Some of the Services are supported by advertising revenue and may display
advertisements and promotions. These advertisements may be targeted to the
content of information stored in BIXS, queries made through the BIXS Program
Administrator(s) or other information.
23.2 The manner, mode and extent of advertising by BIXS on the Services are
subject to change without specific notice to you.
23.3 In consideration for BIXS granting you access to and use of the Services,
the Participant agrees that BIXS may place such advertising on the Services.
24. Other content
24.1 The Services may include hyperlinks to other web sites or content or
resources. BIXS may have no control over any web sites or resources which are
provided by companies or persons other than BIXS.
24.2 The Participant acknowledges and agrees that BIXS is not responsible for
the availability of any such external sites or resources, and does not endorse
any advertising, products or other materials on or available from such web
sites or resources.
24.3 The Participant agrees and acknowledges that the BIXS web site uses
session cookies, logs IP addresses and utilizes technical analytic services,
is any information linked to your IP addresses or cookies.
24.4 The Participant acknowledges and agrees that BIXS is not liable for any
loss or damage which may be incurred as a result of the availability of those
external sites or resources, or as a result of any reliance placed by the
Participant on the completeness, accuracy or existence of any advertising,
products or other materials on, or available from, such web sites or resources.
25. Changes to the Terms
25.1 BIXS may make changes to the Terms from time to time. When these changes
are made, BIXS will make a new copy of the Terms available at/on the BIXS
website or portal.
25.2 The Participant understands and agrees that by using the Services after
the date on which the Terms have changed, such use will be construed as
acceptance of the new Terms by the Participant.
26. General legal terms
26.1 The Terms constitute the whole legal agreement between the Participant and
BIXS and governs the Participant’s use of the Services and completely replaces
any prior agreements between the Participant and BIXS in relation to the
26.2 The Participant agrees that BIXS may provide the Participant with
notices, including those regarding changes to the Terms, by email, regular
mail, or postings on the Services.
26.3 The Participant agree that if BIXS does not exercise or enforce any legal
right or remedy which is contained in the Terms (or which BIXS has the benefit
of under any applicable law), this will not be taken to be a formal waiver of
BIXS's rights and that those rights or remedies will still be available to
26.4 If any court of law, having the jurisdiction to decide on this matter,
rules that any provision of these Terms is invalid, then that provision will be
removed from the Terms without affecting the rest of the Terms. The remaining
provisions of the Terms will continue to be valid and enforceable.
26.5 Headings are included in this Agreement for convenience only and shall
not affect the construction or interpretation of this Agreement.
26.6 The Terms, and the Participant's relationship with BIXS under the Terms,
shall be governed by the laws of the Province of Alberta without regard to its
conflict of laws provisions. You and BIXS agree to submit to the exclusive
jurisdiction of the courts located within the Judicial District of Edmonton, in
the Province of Alberta to resolve any legal matter arising from the Terms.
Notwithstanding this, you agree that BIXS shall still be allowed to apply for
injunctive remedies (or an equivalent type of urgent legal relief) in any
27.1 Any notice to be given by either party to the other may be sent by email,
fax or recorded delivery to:
2nd Floor, 10607 82 Street,
Edmonton, AB T6A 3N2
to the Participant at the last known
address, fax or e-mail provided to BIXS.
27.2 All notices shall be in writing and may be sent by mail, fax or e-mail.
Notices sent by mail shall be deemed to be received 7 days from the date of
mailing. Notices sent by fax shall be deemed to be received on receipt of an
error free transmission report. Notices sent by e-mail are valid only on proof
that the e-mail was received. Any notice received on a holiday shall be deemed
to be received on the next business day.
28. Comments or Questions
28.1 Any questions, comments or concerns arising from the website, the
Personal Information Protection Policy or any other relevant terms and
conditions, policies and notices or the way in which BIXS is handling personal
information please contact us at firstname.lastname@example.org