Terms and Conditions of Use for the FeedXL Service and Website
These Terms and Conditions of Use apply to your use of the FeedXL Service and website.
Welcome to FeedXL Pty Ltd [ABN 35168270586] and https://feedxl.com, our website. We hope you enjoy browsing around. By visiting our website and using the services our website provides, you are agreeing to these terms and conditions and any other policies we publish or link to on our website; these form an “Agreement”. If you don’t agree, you must surf elsewhere; we may terminate your use of our website immediately if you breach our Agreement. We may also change, suspend or stop providing our website at any time.
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 must be 18 and over or have parental consent to use our website.
WEBSITE TERMS AND CONDITIONS
|1||YOUR OBLIGATIONS WHEN USING OUR WEBSITE|
|1.1||To provide correct information and comply with the law
When providing us with information such as when filling out any of our opt-in or other forms you must give current and accurate information. You must also comply with the laws of NSW and Australia when you use our website, including but not limited to, all our intellectual property and cybercrime laws. Where you access our website from outside of Australia, you must also comply with all the relevant local laws.
|1.2||To only make personal and non-commercial use of our content
You agree that the copyright in all Content on our website, is owned or licensed by us. You must only use the website and its Content for your personal and non-commercial use. Any other use is prohibited unless permitted by law, or with our prior written permission which you must seek by emailing firstname.lastname@example.org. All trademarks on our website belong to their respective owners.
|1.3||To use third party software, links etc at your risk
We provide links on our website to other sites. We provide the links for your assistance only, and we have no control over those other sites and do not endorse them in any way. Any use of those sites is at your sole risk and you must direct any concerns regarding their products or services to them. We also provide access to third party apps and software to enhance the functionality of our website. We have no control over those third party apps and software, and do not make any warranties in relation to them. You use them at your own risk and you must read and agree to their terms and conditions which govern your use of them.
|1.4||To not rely on any “advice”
Some of the information we provide on our website may be “veterinarian” related information. It does not constitute “veterinarian advice” and we provide this information for your general use only. It may be historical information, incomplete information or could be an opinion that is not widely held. Your animal’s situation has not been considered when providing the information, so any reliance on this information is at your sole risk, and you should always seek independent professional advice before reliance on the information.
|1.5||To be respectful when posting
We encourage you to engage in online discussions in our community, however, we do not recommend that you include any personal information such as your email address or physical address in any posts. When you engage in discussions, your posts will not be confidential and you must comply with our posting rules. You must not post any of the following, which is determined at our discretion:
1. any disrespectful, inappropriate, offensive, threatening or abusive content;
2. any content that breaches the rights of a third party (eg which is defamatory)
3. any content that impersonates any other person, or misleads us as to the origin of your posts; or
4. any advertising, self-promotion or sales.
Where posts do not comply with these rules, or are otherwise objectionable, we may, but are not obliged to remove them. You are solely responsible for all your posts.
|2||WE MAKE NO WARRANTIES OR GUARANTEES|
|2.1||We cannot represent, warrant or guarantee that:
• our website will always be available, that your use will not be interrupted, or that our website is free from viruses or secure; or
• our content is accurate, complete and current.
For example, sometimes we will be making changes to our website, or you may come across an old landing page, historical information, incomplete pages or inaccuracies. Whilst we cannot guarantee these matters will be corrected, please email us at email@example.com if you find any issues.
|3||LIMITATION OF LIABILITY AND INDEMNITY|
|3.1||We exclude, to the maximum extent permitted by law, any liability in connection with your use of our website and its content. We are not responsible for any Loss or damage suffered in connection with your use of our website, its content, any interruptions, changes, suspension or termination of our website or any events beyond our control.|
|3.2||You indemnify us for any Claim arising out of or in connection with any third party links, websites, apps, software, products and services; your breach of this Agreement, your breach of the law including your local laws, or your breach of the rights of a third party.|
|4.1||This Agreement is governed by the laws in NSW, Australia and the parties submit to the jurisdiction of the courts of NSW, Australia. If any part of these terms and conditions is not enforceable, it shall be severed from this Agreement and the remaining provisions will be in full force and effect. The obligations and liabilities in this Agreement survive termination. The failure to exercise our rights, or enforce a provision under this Agreement does not waive the future operation of that right or ability to enforce the provision.|
|5.1||“Claim” means any claim, under statute, tort, contract or negligence, any demand, award or costs.|
|5.2||“Content” in our website could be any trademarks, brand names, logos, all copy, images, art, graphics, music, audio, videos, designs or any other content.|
|5.3||“Loss or damage” means any loss or damage including, but not limited to any loss of salary, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss or damage to reputation, loss of data, personal injury, property damage or legal costs. .|
|5.4||“We, us or our” means FeedXL Pty Ltd [ABN 35168270586] and includes any of our directors, officers, employees, agents, partners and contractors.|
ADDITIONAL TERMS FOR OUR SAAS
These Additional Terms of Service (“Terms”) apply to all clients, or all potential clients of FeedXL [ABN 35168270586 ] (“we, us, our”). These Terms together with any other terms and conditions and policies we publish or link to on our website, app and services form an Agreement with us (“Agreement”). “You” could be any client of ours.
|ONLINE MEMBERSHIP WE WILL PROVIDE|
|By purchasing a SaaS Membership (“Membership”) you are entitled to use the FeedXL website and app software (“Software”) and support services. The Software assists in creating diets for your horses and enables you to identify nutrient deficiencies or excesses. It also can calculate and compare diet costs, and assess feeds and supplements.|
|Our Membership offerings are billed monthly or annually. Your Membership lasts until you choose to cancel it from the My Account section of your account. You may cancel at any time.|
|We offer various personal plans including basic, standard and premium plans, as well as an advisor plan for commercial use, billed monthly or annually. You must not access or use the Software for any commercial purposes 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 for an advisor plan. Where you are not registered for an advisor plan and you access or use the Software for commercial purposes we may automatically transfer you to an advisor plan. We will notify you by email and charge the relevant Fees.|
|Things you must do before purchasing a Membership
You must provide complete and accurate information to us, including account information, and promptly inform us of any updates to your information.
|Acknowledgements you make before purchasing a Membership
You acknowledge and agree that there may be:
• occasional errors or omissions in Membership descriptions, prices, availability and promotions;
• limits to certain regions or groups of people;
• technical problems and inherent risks associated with using the Software.
You further acknowledge and agree that it is your sole responsibility to ensure that the Membership and Software meets your requirements, that they are appropriate for your horses. You further agree that we do not provide any health or veterinarian advice and any reliance on health or veterinarian information is at your sole risk. Any reference to feed or supplement in our database does not imply that we recommend or endorse the feed or supplement in any way. Where there is a negative reaction or illness in any animal as a result of any feed, you must stop using it immediately and seek veterinary or other professional advice.
Except as required by law, we cannot guarantee the accuracy of the information about our Memberships, the accuracy of information within our ingredients database, or the availability of the Software.
The Membership Fee is automatically deducted from your nominated payment method unless you or we cancel your Subscription in accordance with the cancellation or termination terms below.
You authorise us to:
• deduct the Fee and all other accrued and owing fees from your debit or credit card or PayPal account; and
• deduct any applicable currency conversion fees or financial service provider fees where relevant.
You must ensure that sufficient funds are available in your nominated account to meet any withdrawals made by us on their scheduled due dates. Where payment is defaulted or not received, we will use our reasonable endeavours to collect payment again for a period of two weeks. If payment is not received your Subscription will be cancelled.
If you have any special offer coupons, they must be used at the time of purchase to apply; they cannot be applied retrospectively.
All the Intellectual Property Rights in our Software are owned by or licensed by us. We grant you a non-exclusive, non-transferable, royalty-free, revocable licence to use the Software for your personal use only. This licence is for the duration of your Membership only. You must only use the Software for the number of horses and type of horses as permitted under the membership plan you have registered for, as further described on our website.
You must not modify the Software in any way. You must not distribute, sell, sublicense or otherwise transfer or make available the Software or any portion of it to any third party. You must not modify, adapt, translate, reverse engineer, decompile or derive the source code for the Software or authorise a third party to do so. Where you provide any enhancement requests, or recommendations relating to the Software, we retain all Intellectual Property Rights in any developments related to those requests or recommendations.
|To not rely on any “advice”
Some of the data we provide in our Software is “veterinary” related information. It does not constitute “veterinary advice” and we provide this data for your general use only. It may be historical or incomplete data, or could be an opinion that is not widely held. It may at times be inaccurate. Your particular animal’s situation has not been considered when providing the data, so any reliance on this information is at your sole risk, and you should always seek independent professional advice before reliance on the information.
|Things you must do after purchasing a Membership
• maintain the confidentiality of your login, username and password for your account;
• use and regularly update the password for your account and ensure that your password is unique and not from credentials available elsewhere;
• not allow other people to use your account;
• contact us by email at firstname.lastname@example.org if you have any difficulty using the Software;
• maintain all hardware, operating systems and internet access, necessary to use the Software;
• only use the Software in compliance with all applicable laws and regulations;
• contact us by email at email@example.com if you have any issues and require a refund;
• seek our prior written consent before any publication of information about us; and
• in the case of a dispute keep all communications confidential.
You acknowledge and agree that we may monitor your use from time to time of the Software to ensure compliance.
|Things we’d love you to do after purchasing your Membership
We’d love you to provide us with any photos, videos, testimonials, and/or case studies so we can use them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.
However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at firstname.lastname@example.org.
|If you need to cancel your Membership
If you need to cancel your Membership go to the ‘My Account’ section of your account and cancel your automatic payments so you will not be billed automatically for the following month or year, depending on your payment frequency. Where your Membership is terminated you must ensure you back up any of Your Information prior to the termination of your Membership. After cancellation of your Membership we may, but are not obliged to delete Your Information.
|OTHER MATTERS YOU SHOULD BE AWARE OF|
|We may change information about our Memberships
Except as required by law, we may at any time, and without prior notice to you:
• change and update information including availability and promotions;
• change prices or descriptions of our Memberships; or
• discontinue the Software.
The Software is provided on an “as is” basis and, to the extent permitted by law, we disclaim all warranties, express or implied in including any warranties of merchantability, fitness for purpose, and non-infringement. We will use reasonable endeavours to maintain the Software to minimise errors and interruptions. At times, the Software may be temporarily unavailable for maintenance. Whilst we will endeavour to notify you, we may at times need to conduct emergency maintenance or be unable to notify you. We do not warrant that the Software is uninterrupted or error free, and we cannot warrant that they are compatible with any third party application, program or software. We cannot warrant it is free of viruses or harmful or destructive code.
|We can refuse to serve you and provide Memberships any time
Where you breach this Agreement, or the law we may immediately terminate your Membership. Where we terminate your Membership for non-payment or any other breach of this Agreement, we may delete Your Information.
|LIABILITY AND INDEMNITY|
|To the maximum extent permitted by law, we are not liable for any Loss or damage arising from your use of our Software and your Membership. This includes, but is not limited to any modification to the Software other than by us, any accident, abuse or misapplication of the Software by you, any use of the Software with other software or equipment without our written consent, any use other than the latest, unaltered current release of Software, and any use other than in accordance with this Agreement. It further includes any reliance on any information that may be classed as health or veterinary advice.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law, or otherwise will be limited, at our option to:-
• the repair of the Software within a reasonable period; or
• the refund of the amount of your Membership Fee, if we are unable to make adequate repairs.
In any case, our liability to you will not exceed the amount of $100.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including, but not limited to where you fail to comply with our instructions or applicable laws and regulations, and any breach of our Intellectual Property Rights.
|IF THERE IS A DISPUTE|
|In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.|
|This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between the terms in this document, and other terms and conditions on our website, these terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.|
|Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.|
|Agreement means these terms, and the general website terms and conditions and all other terms and conditions and policies published or linked to on our website and app.|
|Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.|
|Fee means the Membership fee as advertised on our website from time to time.|
|Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.|
|Loss or damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, property damage and legal costs.|
|Membership/ Membership Services/ Subscription means the SaaS FeedXL website and app platforms, and any associated materials and support services provided as part of your subscription/membership and available on those platforms.|
|Software means the FeedXL website and app.|
|We, us, or our means Feed XL Pty Ltd t/as FeedXL [ABN 635 671 797] and includes any of our directors, officers, employees, agents, partners, contractors.|
|Website and services means https://feedxl.com/, and everything available on this website and app including, but not limited to, all Membership Services.|
|Your Information means all of your information you input into our software including, but not limited to any information about your horses and their feed.|
I must commend your help desk on being extremely quick to respond to issues. The best service response time I’ve ever seen.
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