STANDARD TERMS OF USE OF THE MOBILE APPLICATION Calving Calculator
Date of the last update: November 29th, 2017
These standard terms of use (hereinafter the “STU”) set forth the terms of use of the mobile application Calving Calculator (hereinafter the “Application”).
The installation and use of the Application by any user (hereinafter the “User”) suppose the acceptance of the STU and are accordingly governed by these STU.
1. Identification
1.2 The Application is freely made available by Vetoquinol.
2. purpose of the Application
2.1 The Application is strictly reserved for user that are veterinarians, dairy cow/beef farmers and technicians in artificial reproduction (the “User”). The Application is designed in order to help the User to identify and assess the calving date of cows or heifers.
2.2 The Application is intended to enable its User:
- to assess the date of calving;
- to assess the appropriate date upon which to inseminate cows or heifers or to place cows or heifers in contact with bulls, and to administer synchronisation protocols to get the best results;
- to manage multiple mobs with the specialised reproduction schedule tracking function of the Application;
- to help the User to plan the schedule of his herd’s calving from start to finish, in the case the User conducts in vitro fertilizations, embryo transfers, artificial inseminations, heat detection + artificial inseminations or natural mating.
3. Access to the Application
3.1 The installation of the Application requires the following on the part of the User:
- availability of a mobile phone running the iOS operating system (version 10 or higher) or the Android operating system (version 4.4 Kitkat or higher) and Internet access,
- downloading of the Application on the App Store or Google Play Store downloading platforms,
- acceptance of the STU,
- connection to the Application.
3.2 The User is informed that the Application is not compatible with devices other than the ones set forth in the present clause 3.
3.3 The Application is freely downloadable.
3.4 Vetoquinol reserves the right to suspend or terminate access to the Application and to suspend or terminate the publication of the Application on any downloading plateform.
4. Acceptance of the STU
4.1 Any User wishing to make use of the Application must review the STU and accept the terms thereof.
4.2 By clicking on the icon entitled “Acceptation of the Standard terms of use and declaration”, the User acknowledges its adherence to these STU, its acceptance with the terms thereof, and its agreement to comply with the STU.
4.3 Vetoquinol reserves the right to amend and update the STU at any time and without any prior notice, it being specified that the applicable STU are the STU in effect at the time of their acceptance.
5. Use of the Application
5.1 The User agrees:
- to use the Application solely for the purposes for which it is intended,
- to use the Application in compliance with the STU,
- not to make the Application accessible to any third party, in any form whatsoever.
5.2 If the data collection forms are not filled in, it will not be possible to use the relevant feature.
6. Maintenance
6.1 Vetoquinol shall make its reasonable efforts to monitor and correct any bugs likely to affect the Application and notified by any User to Vetoquinol at the email address mentioned in clause 13.
6.2 Vetoquinol shall m ake its reasonable efforts to ensure the ongoing maintenance of the Application in order to ensure its compatibility with the new versions of the iOS and Android operating system.
6.3 Such maintenance services shall be provided by making available new versions of the Application that the User shall be asked to download.
7. Vetoquinol’s liability
7.1 The limitations on liability set out in this clause 7 are subject to clause 7.9.
7.2 Vetoquinol shall not be held liable for any consequences possibly resulting from the interpretation of the results generated by the Application or for the use of such results by the User or by any third party.
7.3 Vetoquinol shall not be held liable for any direct or indirect damage (in particular loss of profits, loss of data, loss of business opportunity), possibly resulting from the access to or use of the Application or any information or results contained therein, regardless of their nature. Vetoquinol disclaims any liability as regards the advisability of the decisions and the implementing mode thereof, as selected by the User in sole reliance on the information and results generated by the Application.
7.4 Vetoquinol disclaims any liability in case of damage suffered by the User in particular (but without limitation) because of the loss, deterioration or alteration of files, transmission of viruses that might affect its computer equipment or any property in relation to the connection and/or perusal and/or use of the Application. The User shall be responsible for taking any appropriate steps in order to protect its own data and its own equipment for any contamination by viruses or from any attempted trespassing of its IT system by third parties through the Application.
7.5 The User acknowledges that the technical reliability of data transmissions on the Internet is relative and that the data are not protected against a possible misappropriation. Under such conditions, the communication of passwords, identification codes or other confidential data and more generally any sensitive information is made by the User under his sole responsibility.
7.6 The User acknowledges that Vetoquinol may not be held liable for the operating conditions of the Internet, which can have an impact on the access to and use of the Application, and in particular any access, availability and network throughout issues liable to prevent access to the Application or to materially slow down access to the Application and affect the response times necessary in order to display, peruse, query or transfer data.
7.7 The User acknowledges that his equipment is connected to the Internet under his sole liability and that accordingly Vetoquinol shall in no event be held liable for any damage that may occur during his connection.
7.8 As a consequence, the User, having full knowledge of the foregoing, agrees not to hold Vetoquinol liable on account of any of the circumstances or events referred to above.
7.9 Nothing in this STU shall limit Vetoquinol’s liability for:
7.9.1 Death or personal injury caused by Vetoquinol’s negligence; or
7.9.2 Fraud or fraudulent misrepresentation.
8. User’s warranties
8.1 The User agrees to indemnify and hold Vetoquinol, as well as any and all persons involved in the creation and development of the Application, free and harmless against any claim, liability, expense or cost resulting from the violation of these STU or related to the use of the Application.
8.2 The User agrees to enter solely accurate data into the Application. Any and all items of information and data shall be entered by the User under his sole responsibility, and the User agrees to indemnify and hold Vetoquinol free and harmless against any and all damage possibly resulting from such entry.
8.3 The User shall be solely liable for any damage or direct or indirect loss, whether tangible or intangible caused by himself to Vetoquinol on account of any use of the Application, whether or not the said use is lawful. In the cases referred to above, the User agrees to indemnify and hold Vetoquinol free and harmless, including but not being limited to any reasonable attorney fees that Vetoquinol has been compelled to incur, in the event that Vetoquinol is ordered to pay any damages.
9. Intellectual property
9.1 Except as regards the data filled in by the User, under these STU, the Application and all of its constitutive elements, and in particular (but without limitation) any computer programs, databases, visual elements, texts, graphs, photographs, images, trademarks, logos, miscellaneous creations and works capable of being protected, etc., whether registered or not, and more generally any information included on the Application are the exclusive intellectual property of Vetoquinol or any third party with which Vetoquinol has executed agreements allowing for the use of such intellectual property.
9.2 Vetoquinol grants to the User, in respect of the Application, a non-exclusive, strictly personal and non-transferrable license, solely for the purposes of his use in accordance with the Application’s intended purpose. Such license shall be effective from acceptance of the STU by the User and is granted solely for an undetermined period of time..
9.3 The User does not have any right in or to the Application, save for a sole right of use. The User does in particular not have any right to reproduce, circulate or more generally exploit the Application by any means whatsoever, save with Vetoquinol’s express prior consent.
10. Personal data
10.1 Vetoquinol does not collect any personal data, whether personal data relating to the User or relating to any third party in connection with the installation or the use of the Application by the User.
10.2 The use of the Application does not require the collection of personal data by the User, whether personal data relating to the User or relating to any third party. If the User decides at its own discretion to collect personal data of any individual through the use of the Application, said User shall do so under his own responsibility and shall be solely and fully responsible to comply with the applicable data protection laws and regulations. The User shall indemnify Vetoquinol against any claims, liability, costs and expenses incurred by Vetoquinol which arise as a result of the breach by the User of this clause 10.
11. Availability of the Application
11.1The Application may be inaccessible in particular in case of force majeure or breakdown. In this case, Vetoquinol will make its reasonable efforts so that the access to the Application be restored in accordance with clause 6.
12. Governing law – jurisdiction
12.1 The STU and any dispute or claim arising out of or in connection with the STU or its subject matter shall be governed by and construed in accordance with the laws of Australia.
12.2 The User and Vetoquinol agree that the courts of Queensland, Australia, shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the STU or its subject matter or formation (including non-contractual disputes or claims).
13. Legal indications
The Application is published by:
VETOQUINOL AUSTRALIA PTY LTD.
An Australian company with a share capital of AUD 8 692 904.00
Registered office: Unit 302/2, 6-12 Boronia Road, Da Vinci Business Park, Brisbane airport QLD 4008
Registered under the ACN number 6949480
Telephone (toll free): 1800 032 355
Email: 360australia@vetoquinol.com
Publication Manager: Mr. Matthieu Frechin, Director