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FeedXL: Terms of Use for the FeedXL Service

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.

Once you have read the Terms of Use click on the "I accept the Terms of Use" button below if you wish to proceed.

Clicking on that button creates a contract between you and Equilize Horse Nutrition Pty Ltd ABN 90 109 081 601 and X’Prime Pty Ltd ABN 24 103 811 007 (the "Owners" of the FeedXL Service).

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:
  1. you are responsible for providing your own facilities (including hardware, software and systems) necessary for accessing and using the FeedXL Service;
  2. the Owner accepts no responsibility for any deficiencies in your facilities for accessing and using the FeedXL Service;
  3. the Owner may at any time vary the configuration of the FeedXL Service in its sole discretion without prior notice to you; and
  4. the information you obtain from the FeedXL Service will only be used by persons who have a sound working knowledge of equine nutrition.
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:
  1. disclose any Confidential Information without the Owners consent;
  2. decompile, disassemble, reverse engineer, copy or modify any software which is used to provide the FeedXL Service; or
  3. do, or cause, anything that would prejudicially affect either the goodwill or reputation of the Owner or the market for the FeedXL Service.
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:
  1. upload or post any content that is misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. impersonate any person or entity, including, but not limited to, an employee, agent or representative of the Owner;
  3. upload or post any content that infringes any Intellectual Property Rights;
  4. upload or post any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas, if any, that are designated for such purpose;
  5. upload or post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy any computer software or hardware; or
  6. intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law.
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:
  1. refuse or remove any content that is available via the Forum; and
  2. remove your access to the Forum at anytime.
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:
  1. use your Data for the purpose of assessing the performance of the FeedXL Service; and
  2. compile your Data for other purposes provided that any of your Data that identifies you will not be disclosed by the Owner to any third party without your prior approval.
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:
  1. the Owner may delete your Data stored on the System after the expiry or termination of this contract; and
  2. you transmit your Data over the Internet at your own risk.
8 Warranty
8.1 The Owner does not warrant that the FeedXL Service or the System:
  1. will be secure, uninterrupted or error free;
  2. will meet your requirements or expectations;
  3. will be free of viruses or any other harmful or destructive code;
  4. will operate with any hardware, software, system or data which is not specified on this Website as being compatible with the FeedXL Service; or
  5. the Feed Database is accurate, complete, up to date, relevant, appropriate, sufficient or suitable for your particular situation.
8 You acknowledge that:
  1. the FeedXL Service is provided as general information only and does not replace the need for individual professional or expert advice;
  2. the inclusion of a feed in the Feed Database does not imply that the Owner recommends or endorses the feed in any way; and
  3. the Owner is not responsible for any use of information provided to you by the FeedXL Service.
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:
  1. all Intellectual Property Rights and other proprietary rights in the FeedXL Service (including the software used to provide the FeedXL Service) are owned by the Owner;
  2. you have no right, title or interest in the FeedXL Service (including the software used to provide the FeedXL Service) other than your rights of use set out in these Terms of Use; and
  3. the Owner will own all Intellectual Property Rights in all suggestions, ideas, enhancement requests, feedback, recommendations and other information relating to the FeedXL Service that you provide to the Owner.
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:
  1. promptly notify the Owner; and
  2. provide all reasonable information requested by the Owner for the purpose of dealing with the potential infringement.
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:
  1. is by its nature confidential;
  2. is designated by the Owners as confidential; or
  3. you know or ought to know is confidential;
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.
"FeedXL Service" means the online horse nutrition advisory service, including any online forums, accessed through 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:
  1. words denoting the singular number include the plural and vice versa;
  2. words denoting individuals include corporations and vice versa;
  3. headings are for convenience only and do not affect interpretation;
  4. references to clauses are references to clauses of these Terms of Use and references to sub-clauses are references to sub-clauses of this Deed;
  5. references to this contract, any instrument, deed or agreement will be deemed to include references to this contract, such instrument, deed or agreement as amended, novated, supplemented, varied or replaced from time to time;
  6. references to any party to this contract includes its successors or permitted assigns;
  7. words denoting any gender include all genders;
  8. recitals and instructions form part of this contract;
  9. where an expression is defined, another part of speech or grammatical form of that expression has the corresponding meaning;
  10. the words "includes", "including" and similar expressions are not and must not be treated as words of limitation;
  11. a reference to a person includes a natural person, company, corporation, partnership, trust, estate, joint venture, sole proprietorship, government, governmental or municipal agency, association, co-operative and any other entity or person whatsoever;
  12. where a party comprises two or more persons any agreement or obligation to be performed or observed by that party binds those persons jointly and each of them severally, and a reference to that party is deemed to include a reference to any one or more of those persons;
  13. a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this contract or any part of it;
  14. a reference to time is to the time in the place where the obligation is to be performed;
  15. a reference to dollar or $ is to Australian currency; and
  16. clauses 2, 4, 5, 6, 7, 8, 10, 11 and 13, and any other provisions of these Terms of Use which are capable of having effect after the expiry or termination of this contract, will survive the expiry or termination of this contract.

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E-Mail: enquiries@feedxl.com
Phone:: +61 2 6762 2020

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