Terms of Use for the FeedXL Service
These Terms of Use apply to your use of the FeedXL Service.
You must read and agree to the Terms of Use to access and use the FeedXL Service.
If you are looking to sign up to use the FeedXL Service, please click here to view our Plans and Pricing. We will ask you to agree to these terms and conditions as part of the signup process after you click ‘Start Using FeedXL’.
You agree to use the FeedXL Service on the following terms and conditions:
1 | Period of Use | |
---|---|---|
1.1 | You may use and access the FeedXL Service until the term you selected in the registration process expires. | |
2 | Charges | |
2.1 | You agree to pay the Service Charges. | |
2.2 | You authorise the Owner to use your nominated Payment Method to receive payment of the Service Charges. | |
2.3 | You acknowledge that the Owner may vary the Service Charges at any time. Variations to the Service Charges will be placed on the Website. It is your responsibility to check the Website for changes to the Service Charges. | |
2.4 | Subject to clause 13, you agree that the Service Charges paid by you are not refundable. | |
3 | User ID and Password | |
3.1 | Your User Id must be a valid email address that you own or control. | |
3.2 | You must not disclose your Password to any other person. | |
3.3 | You must immediately notify the Owner if you become aware of any unauthorised use of the FeedXL Service using your Password. | |
3.4 | The Owner may terminate your use of the FeedXL Service if the Owner reasonably suspects that there is unauthorised use of the FeedXL Service using your User ID and Password. | |
4 | Restrictions on Commercial Use | |
4.1 | You must access and use the FeedXL Service solely for your personal and private use for the purposes permitted under the plan you registered for. | |
4.2 | You must not access or use the FeedXL Service for any commercial purpose including use in relation to any business, product or service relating to stock-feed production, stock-feed sales or equine nutritional advice unless you register and pay under an Advisor Plan. | |
4.3 | If you are not registered under an Advisor Plan and you access or use the FeedXL Service for a commercial purpose, the Owners may automatically transfer you to an Advisor Plan. If you are transferred to an Advisor Plan, the Owners will notify you by email and will charge you the relevant fees for the Advisor Plan using the Payment Method. Access to your account will only commence when you have paid the fees. | |
4.4 | If you misuse the FeedXL Service in any way, the Owners may apply for an injunction to stop that misuse. The Loss incurred by the Owners in applying for that injunction must be paid by you. The Owners may charge the amount of the Loss to you using the Payment Method without notice. | |
5 | Your rights and obligations | |
5.1 | You must use the FeedXL Service only in accordance with these Terms of Use and any requirements specified on the Website. | |
5.2 | You must immediately notify the Owner of any change to any of the details you have registered on the Website. | |
5.3 | You must only use the FeedXL Service for the number of horses, and the type of horses, permitted under the plan you register for, as identified on the Website. | |
5.4 | Prior to formulating any diets using the FeedXL Service, you must read all documentation and other information available on this Website that applies to the use of the FeedXL Service or that is otherwise provided by the Owner to you. | |
5.5 | You must stop using any feed that results in a negative reaction or any form of illness in an animal and immediately seek veterinary or other professional advice. | |
5.6 | You must comply with all reasonable directions and instructions given by the Owner in relation to use of the FeedXL Service. | |
5.7 | You agree that:
|
|
5.8 | The Background Data is Confidential Information of the Owners. You must not use the FeedXL Service for the purpose of ascertaining the Background Data either directly or indirectly through manipulation of the inputs or outputs of the FeedXL Service. If you do become aware of the Background Data you must not use it and you must permanently destroy all copies of it. | |
5.9 | You must not:
|
|
6 | Discussion Forum and User Conduct | |
6.1 | You agree to not use any discussion forum which is part of the FeedXL Service (Forum) to:
|
|
6.2 | You acknowledge that the Forum is a publicly accessible area of the Website that is accessible to all subscribers and that the Owner does not pre-screen the content uploaded or posted to the Forum. Accordingly, you acknowledge that the Owner does not accept any responsibility or liability for content uploaded or posted to the Forum. | |
6.3 | You acknowledge that the Owner has the right (but not the obligation) in their sole discretion to:
|
|
6.4 | With respect to all content you elect to post to the Forum, you grant the Owner the worldwide, royalty-free, perpetual, irrevocable, non-exclusive licence (including the right to sublicense) to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute it and to incorporate it in other works in any form, media, or technology. | |
7 | Your Data | |
7.1 | You own your Data. | |
7.2 | You grant to the Owner the right to:
|
|
7.3 | It is your responsibility to retain a backup copy of all of your Data stored by the System. | |
7.4 | You acknowledge that:
|
|
8 | Warranty | |
8.1 | The Owner does not warrant that the FeedXL Service or the System:
|
|
8.2 | You acknowledge that:
|
|
9 | Corrections | |
9.1 | If the FeedXL Service does not function in accordance with the specifications on the Website you must immediately notify the Owner. The Owner will investigate and attempt to correct any failure as soon as reasonably possible. | |
9.2 | You must provide the Owner with any information requested so the Owner may attempt to correct the failure. | |
10 | Intellectual Property | |
10.1 | You agree that:
|
|
10.2 | If you learn that another person may be infringing any of the Intellectual Property Rights in the FeedXL Service (including the software used to provide the FeedXL Service), then you must:
|
|
11 | Liability for Loss | |
11.1 | If you breach these Terms of Use, or do anything else in relation to your use of the FeedXL Service that causes the Owners to suffer any Loss, you must pay the Owners a monetary amount that covers their Loss. | |
11.2 | This obligation will not apply to the extent that the Loss was caused by the Owners or their Personnel. | |
11.3 | The Owners will notify you of any amount owed by you under this clause 11 and may charge it to you using the Payment Method after 7 days from the date the notification was sent to you. | |
12 | Compliance with the Law | |
12.1 | You must comply with all applicable laws when you use the FeedXL Service. | |
12.2 | You must not do anything unlawful when using the FeedXL Service. | |
12.3 | The Owners can refuse to provide the FeedXL Service to you if to do so would result in a breach of the law. | |
13 | Ending the FeedXL Service | |
13.1 | The Owners may terminate this contract by withdrawing your access to the FeedXL Service for any reason, including breach of these Terms of Use, at any time without notice. | |
13.2 | If you put in a request in writing, the Owners will advise you of the reasons for terminating the FeedXL Service. | |
13.3 | If the reason for terminating the FeedXL Service was not your fault, the Owners will refund any fees paid by you in advance, on a pro-rata basis. Otherwise, the Owners may keep all fees paid. | |
14 | Communication | |
14.1 | Any communication from the Owners to you will be sent to the email address you registered. You must immediately notify the Owners if your email details change. | |
14.2 | Communications from you to the Owners must be sent to the email address under the Contact link on the Website. | |
15 | Changes to these Terms of Use | |
15.1 | The Owners may change these Terms of Use at any time, without notice, by updating the Terms of Use on the Website. The updated Terms of Use will apply to you and your access to the FeedXL Service. You must regularly check the Website for any updates to the Terms of Use. | |
16 | Place of Contract | |
16.1 | This contract will be deemed to have been made in Sydney and, accordingly, the laws of New South Wales will apply. | |
17 | Conflicts | |
17.1 | If anything in these Terms of Use conflicts with information on the Website, these Terms of Use will override the information on the Website. | |
17.2 | You must notify the Owners if you become aware of any such conflict. | |
18 | Definitions | |
18.1 | The following words have the meanings given to them in this clause 18 when used in these Terms of Use unless the context otherwise requires: | |
“Advisor Plan” means a plan designated as an advisor plan that permits the subscriber to use the information obtained from the FeedXL Service for commercial purposes. | ||
“Confidential Information” means information of the Owners (irrespective of whether or not it has been reduced to material form) that:
and includes the Background Data. |
||
“Background Data” means the data held in the Feed Database. | ||
“Credit Card” means a current and valid credit card, either in your name or that you are lawfully authorised by the cardholder to use. | ||
“Data” means data owned or supplied by you to use the FeedXL Service. | ||
“Discussion Forum” means any public group where FeedXlL members and non-members are able to discuss nutrition and non-nutrition related topics and may include Facebook Groups or other ‘forum’ platforms. | ||
“FeedXL Service” means the online horse nutrition advisory service, including but not limited to the FeedXL nutrition calculator, one-on-one nutrition consultation service, online forums, articles and blog posts, accessed through or in association with the Website. | ||
“Feed Database” means the feed database which is accessible using the FeedXL Service. | ||
“Intellectual Property Rights” means all rights whatsoever in present and future copyright (including moral rights), registered and unregistered trade marks, (including goodwill in those marks), domain names, designs and patents, semi-conductor or circuit layout rights, rights in Confidential Information and all other rights resulting from intellectual activity in the electronic, industrial, scientific, literary or artistic fields, including all rights conferred under statute, common law or equity in relation to the foregoing but excludes moral rights. | ||
“Password” means the password that you create when you register to use the FeedXL Service. | ||
“Payment Method” means the Credit Card or PayPal Account nominated by you as the method to be used for payment of the Service Charges. | ||
“PayPal Account” means a current and valid account registered with PayPal, Inc or a subsidiary or affiliate of PayPal, Inc, in your name or which your are lawfully authorised by the account holder to use. | ||
“Personnel” means officers, employees or contractors. | ||
“Service Charges” means the charges and fees payable by you for the use of the FeedXL Service under the relevant plan you have registered for as specified on the Website from time to time and any other amounts you are liable to pay under these Terms of Use and includes all taxes, duties and governmental fees and charges imposed or levied in connection with the supply of the FeedXL Service to you. | ||
“System” means the computer facilities used to supply the FeedXL Service. | ||
“Terms of Use” means these terms of use for the FeedXL Service. | ||
“User ID” means the user identification provided to you when you register to use the FeedXL Service. | ||
“Website” means the website accessed through the homepage: http://feedxl.com. | ||
19 | Interpretation | |
19.1 | The following rules of interpretation apply to these Terms of Use unless the context otherwise requires:
|
I must commend your help desk on being extremely quick to respond to issues. The best service response time I’ve ever seen.
MARISSA
JOIN OUR MAILING LIST FOR USEFUL TIPS AND EXCLUSIVE OFFERS