Terms and Conditions | myhealthyherd

We are committed to protecting and respecting your privacy. We will never give your information to third parties other than as permitted by this agreement and/or our Privacy Policy. Once we have received your information, we will protect it using our standard procedures and security features aimed at preventing unauthorised access. In particular, we employ user names and passwords to ensure that access to our systems is limited to those with proper authorisation.

This document sets out the terms between you and us under which you may access and/or use this website www.myhealthyherd.com (our site) as a member.

Your use of our site as a member means that you agree to abide by these terms.

www.myhealthyherd.com is a site operated by Myhealthyherd.com Limited (we or us). We are registered in England and Wales under company number 5957525 and have our registered office at Oake House, West Buckland, Wellington, Somerset TA21 9LR . Our main trading address is 519 Saffron Lane, Leicester, LE2 6UL.

We can be contacted at the email address enquiries@myhealthyherd.com.

Payment and security

We only accept forms of payment as set out in the Sage Pay terms and conditions; your account will be debited at the time of placing your order. Security of your card details is subject to Sage Pay terms and conditions.

Membership expiration date and automatic renewals (recurring billing)

Your access to our site is valid for the full duration of the length of the membership plan you have selected (usually this is ongoing until you cancel your membership). You will be automatically re billed under the terms of your subscription. If you wish to cancel your recurring billing, please provide us with 14 days advance notice to cancel. Your account will remain active until the current term has expired.

Cancellation policy

Once you have upgraded your subscription, you will have access to that service for the following 12 months. If you wish to return to a free membership level, you will need to contact us. However, please be aware that no refunds (either full or partial) will be given for cancellations made within the 12 month subscription period.

Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some part of our site, or our entire site.

If you choose, or you are provided with, a member identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any member identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

Prohibited uses

There are certain things for which you can not use our site.

You may only use our site for lawful purposes. You may not use our site:

in any way that breaches any applicable local, national or international law or regulation or code of practice;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent intent purpose or effect;
to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
to transmit, or procure the sending of, any unsolicited or unauthorised or promotional material or any other form of similar solicitation (spam);
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designated to adversely affect the operation of any computer software or hardware.

You also agree:

Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms;
Not to access without authority, interfere with, damage or disrupt:
any part of our site;
any equipment or network on which our site is stored;
any software used in the provision of our site; or
any equipment or network or software owned or used by any third party.

Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your rights to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Linking to our site

You may not link to our site without our prior written permission.

Our site must not be framed on any other site without our prior written permission.

We reserve the right to withdraw linking and framing permission without notice.

If you wish to make any use of material on our site other than as permitted by these terms, please address your request to enquiries@myhealthyherd.com.

Links from our site

Where our site links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Content standards

These content standards apply to any and all material which you contribute via or to our site (contributions).

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

be accurate (where they state facts);
be genuinely held (where they state opinions);
comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

contain any material which is defamatory of any person;
contain any material which is obscene, offensive, hateful or inflammatory;
include sexually explicit material;
endorse or promote violence;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe any patent, design, copyright, database right, trade mark or any other intellectual property right or other legal right of any other person;
be deceptive;
be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidentiality or privacy;
endorse or promote any illegal activity;
be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
be likely to harass, upset, embarrass, alarm or annoy any other person;
be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
give the impression that they emanate from us, if this is not the case;
be aimed at resulting in any future activity or act that is unlawful (e.g. unlawful activities or acts with a minor);
advocate, endorse, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

If you have any concerns about material which appears on our site, please contact enquiries@myhealthyherd.com

Making contributions

To submit a contribution via our site you will be asked a series of questions to help deduce your health or disease status or risks or by contributing to a discussion forum.

When you submit a contribution you are making a legally binding promise to us (that we are relying on) that you have provided your consent to us and have obtained all necessary consents required by law for the contribution to be used by or on behalf of us in accordance with these terms and our Privacy Policy.

We reserve the right not to use and/or publish any contribution at our entire discretion without giving reasons.

We reserve the right to remove, or to disable access to, any contribution that we publish at our entire discretion including without limitation contributions which we deem to be potentially defamatory of any person or which we deem unlawful or in violation of any third party rights or these terms.

We will not be responsible as author, editor, publisher or otherwise for any contribution submitted to us via our site, including where it has been published by or on behalf of us and we expressly exclude all liability (howsoever arising, including in tort) to the extent that the law permits for any loss or damage whatsoever arising from or in respect of or as a consequence of any contribution submitted to us via our site, including where it has been published by or on behalf of us (including in respect of any person relying on any fact, opinion or advice contained in any contribution).

Once a contribution has been submitted via our site, you may not be able to amend or remove it.

Intellectual property rights

By submitting a contribution to our site, you agree to grant us a non-exclusive licence to use that contribution in accordance with these terms and our Privacy Policy.

Although you will still own the copyright and/or any other relevant intellectual property rights (if any) in your contribution, we will have the right, subject to the terms of our Privacy Policy, to do any act restricted by copyright and/or any other relevant intellectual property rights, as though we were the owner of the copyright and/or any other intellectual property rights (if any) in the contribution (including the right to copy, edit, alter, adapt, reproduce, publish and/or distribute), in respect of all or any part of the material contained in your contribution and in all jurisdictions. In particular, we may exercise all copyright and publicity rights in the material contained in your contribution in all jurisdictions, to their fullest extent and for the full period for which any such rights exist in that material. Further, in submitting a contribution you also waive and undertake to procure the waiver of all moral rights and all other similar rights arising in respect of the relevant material.

The aforesaid licence is free of charge, perpetual and capable of assignment and/or sub-licence.

Please note that, in accordance with our Content Standards, you must ensure, inter alia, that your contribution does not infringe any intellectual property rights, or other legal rights, of any other person. By submitting your contribution via our site, you are warranting that you have the right to grant us the licence described above and that your contribution does not infringe any intellectual property rights, or other legal rights, of any other person.

If you are not in a position to grant such a licence to us in respect of a contribution, you must not submit the contribution.

Use of contributions

As per our Privacy Policy, you agree that all contributions that you submit to us may be used by or on behalf of us to create, present and/or publish statistical, anonymous data about (as relevant) herds, livestock, cattle, farming practice, animal health, yield and other information relating to farming. This data will be sorted geographically. It is possible that persons viewing this data could deduce the identity of the individual providing the data. For example, if we publish the statistical data for all farms in your geographical area, and your farm is the only farm in that area, it would be possible for someone to deduce that the information relating to, for example, yield and cattle health, relates to your farm alone. By supplying us with your information you acknowledge and irrevocably agree that it may be used in this way.

Other members may ask to see your contributions. If a member asks to see your contributions we will notify you of the nature of that request and will inform you who has made the request and the information they have asked to see. You may either consent to the request or decline it. If you consent to the request we will supply the member with the information you have consented to them seeing. You acknowledge that we have no control over this information once it has been passed onto another member with your consent and we accept no liability whatsoever for any loss or damage howsoever caused by a disclosure of your information to another member where such disclosure has been authorised by you.

As a member you have the right to ask whether you can see other members contributions. If you make such a request the member whose information you have requested will be notified of your request. They will be notified of your identify and of the information which you have asked to see. If the member consents to your viewing the information you have requested then we shall provide you with access to the same. If the member in question declines your request then we will not supply you with the information in question. If the member in question consents to your request then you must treat the information you receive from us as confidential and take all reasonable steps to protect and preserve the confidential status of the information. You must not disclose such information to third parties without obtaining the consent of the member whose information has been provided to you.

Reliance on information posted

To the extent that the law so permits, the material displayed on our site is provided without any guarantees, assurance, implied terms, conditions and/or warranties, including as to its accuracy.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of these terms through your use of our site. Where we determine that a breach of these terms has occurred, we may take such action as we deem appropriate.

Failure to comply with these terms may result in our taking all or any of the following actions:

immediate, temporary or permanent withdrawal of your right to use our site and/or your membership of our site;
immediate, temporary or permanent removal or deletion of any contribution submitted via and/or published on our site;
issue of a warning to you; commencing legal proceedings against you for reimbursement of all loss damage and costs suffered by us on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
other civil or criminal legal action against you;
disclosure of such information to law enforcement authorities as we consider necessary or appropriate.

You indemnify us from and against all loss cost damage or expense suffered by us in respect of claims brought against us by third parties arising out of any breach of these terms by you (e.g. through your use of our site and/or any contributions you make via our site) other than where we are in breach of any applicable law and such breach has not been caused by your breach of these terms.

You absolve us from and indemnify us against all claims made by you or persons acting on your behalf or in concert with you in respect of any liability whatsoever arising by reason of actions taken by us or by our contractors agents or employees in implementing these terms.

The responses described in these terms are not limited, and we may take any other action we deem appropriate.

Limitation of liability

Notwithstanding any other provision of these terms, neither party’s liability under or in connection with these terms shall be excluded or reduced to the extent that it arises in respect of the following matters:

(a) for death or personal injury caused by negligence;

(b) for fraud or fraudulent misrepresentation;

(c) for any other matter which it would be unlawful for you or us (as relevant) to exclude or limit or attempt to exclude or limit liability.

We shall not have any liability to you (howsoever arising, including liability in tort) under or in connection with these terms, including in relation to and in respect of any contribution submitted via our site (including where it has been published by or on behalf of us) for any:

(a) loss of profits or anticipated savings;

(b) loss of revenue;

(d) loss of opportunity;

(e) wasted management or other staff time;

(f) losses or liabilities under or in relation to any other contract;

(in each case whether direct, indirect, special and/or consequential loss or damage); or

(g) for any other indirect, consequential and/or special loss or damage.

We expressly exclude our liability (howsoever arising, including liability in tort) for any loss or damage (whether direct, indirect, consequential and/or special) arising from or in connection with or in respect of:

(a) the use of our site by any person in contravention of these terms; or

(b) any contribution submitted via our site which contravenes our Content Standards; or

(d) reliance on any information sent to you that we have collated from members who have submitted contributions to us (e.g information relating to herd yield, animal health, etc).

Jurisdiction and applicable law

These terms are to be governed in all respects by and construed in accordance with English law.

The English courts will have non-exclusive jurisdiction over any claim arising out of, from, or in connection with, or related to, these terms and/or our site, although we retain the right to bring proceedings against you for breach of these terms in your country of residence and/or any other relevant country. You hereby submit to the non-exclusive jurisdiction of the English Courts as regards any such claim.

Trademarks

“myhealthyherd.com” are our trade marks and should not be used by you without our prior written consent.

Changes to these terms

We may revise these terms at any time by amending this page. It is your responsibility to check this page from time to time to take notice of any changes we make, which will be binding on you. Some of the provisions contained in these terms may also be superseded by provisions or notices published elsewhere on our site.

Entire agreement

These terms and our Privacy Policy and associated Cookie Policy contain and constitute the entire understanding and agreement between you and us in connection with and about the subject matter of the same and they supersede all earlier and other agreements and understandings between you and us and all earlier representations by either party about such subject matter. Any prior representations, warranties, statements and assurances which are not expressly set out in these terms or our Privacy Policy or Cookie Policy will not be of any effect.

You warrant that there is no representation, warranty, promise, term, condition, obligation or statement upon which you have relied and which is not expressly set out in these terms or our Privacy Policy and no such representation, warranty promise, obligation, statement or any other term or condition is to be implied in them.

If you have been the recipient of any representation, warranty, promise or statement then (except to the extent that it has been set out in these terms or our Privacy Policy) you hereby waive any rights or remedies which you may have in respect of them.

Nothing in these terms or our Privacy Policy shall exclude the liability of a party for fraud or fraudulent misrepresentation or concealment or any resulting right to rescind.

Contact

Questions, comments and requests regarding these terms are welcomed and should be addressed to 519 Saffron Lane, Leicester, LE2 6UL or enquiries@myhealthyherd.com.