Nutrikey NUtrition PLATFORM
Terms of Use
May 2019
Welcome to the Nutrikey Nutrition Program. Nutrikey helps analyse a horse's diet and to advise and recommend daily intakes of nutrients. Our nutrition consultants will adjust or recommend a new diet where necessary. Nutrikey is provided to you for your personal and private benefit only and it is exclusively operated by nutrition consultants.

Please read these Terms of Use carefully. These Terms of Use include our policy for acceptable use of the Nutrikey Program by you and your rights, obligations and restrictions regarding your use Nutrikey.

By accessing Nutrikey, you accept, without limitation or qualification, these Terms of Use. You are only authorised to use Nutrikey and its services if you agree to abide by all applicable laws and to these Terms of Use. If you do not accept these Terms of Use, then you must discontinue your use of Nutrikey immediately.

We may modify these Terms of Use from time to time and such modification shall be effective upon posting it on our website. You agree to be bound by any changes to these Terms of Use when you use the Nutrikey Program after any such modification is posted. These Terms of Use constitute the entire agreement regarding your use of the Nutrikey Program and the services it offers and supersede any previous terms.
1. Your obligations
1.1 You are required to provide the following information in order for one of the nutritional consultants completing the Nutrikey Program for you:

(a) Horse Owner Details including name, address, suburb/town, state, postal code, country, phone number, email address and other relevant details;

(b) Horse Details including name, breed, sex, age, horse's life stage, horse's workload, body weight, body conditioning score, metabolic efficiency, diseases and condition goal and other relevant detail and current photos of the horse in question.

(c) Pasture Details including number of hours, quality of pasture and other relevant details, including a current photo of the pasture and

(d) Diet Details including horse's current diet (please select from 4 categories: roughages, grains, commercial feeds and supplements), advise kg per day and other relevant information.

1.2 You acknowledge that all the information provided by you to us is truthful, complete and to the best of your knowledge.

1.3 Without limiting any other provisions of these Terms of Use, you may not use the Nutrikey Program for any purpose that is unlawful or prohibited by these Terms of Use. Your access to the Nutrikey Program may be terminated immediately in our sole discretion, with or without notice, with or without cause.

1.4 You expressly agree not to:

(a) use the Nutrikey Program for any horse, other than the horse for which it was produced;

(b) use the Nutrikey Program or its contents for any commercial purpose;

(c) access, monitor or copy any content or information in connection with the Nutrikey Program or our website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

(d) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionate burden on our infrastructure;

(e) frame, mirror or otherwise incorporate any part of the Nutrikey Program or our website into any other website without our prior written permission;

(f) manipulate software to access background data of the Nutrikey Program or our website;

(g) disclose, copy, reverse engineer or modify the Nutrikey Program and information it contains;

(h) use data or information you receive from Nutrikey in a manner that could harm the goodwill or reputation of the Nutrikey Program.
2. Report
2.1 Once our nutrition consultants finish a diet analysis based on the information you provided in accordance with clause 1.1, you will be provided, either in person, over the phone or online via our Nutrikey Platform or website with a report.

2.2 The report may include the following documents:

(a) A diet overview;

(b) A nutrient table;

(c) Specific recommendations for each individual horse.
3. Fitness for Purpose
3.1 You acknowledge that you have made all due inquiries and rely on your own skill and judgment when deciding whether the Nutrikey Program is fit for purpose.

3.2 It is your responsibility to satisfy yourself that recommendations provided pursuant to the Nutrikey Program are of a quality and character suitable for the purpose for which they are provided and, to the extent permitted by law, the Company shall not be liable in any way for any loss or damage (including direct, indirect or consequential) arising from your failure to so satisfy yourself.
4. No Warranties
4.1 The Company does not warrant that:

(a) Your horse's health or performance will improve as a result of the recommendations provided through the Nutrikey Program;

(b) the information provided to you through the Nutrikey Program is accurate, up to date and complete;

(c) the online software or reports being sent are secure or error free or free of any malicious software including viruses; and

(d) the online software or reports being sent are compatible with any hardware or system.

4.2 No advice or information obtained by you (whether written or oral) through the Nutrikey Program shall create any warranty unless expressly stated in these Terms of Use.

4.3 You acknowledge and agree that the Nutrikey Program only provides a guideline and that the Company is not responsible for any use by you of information provided through the Nutrikey Program.

4.4 The Company will not be liable for any losses or damage, either directly or indirectly incurred by the use of or in reliance upon the information provided through the Nutrikey Program or for any errors, omissions or inaccuracies in the information provided even if the Company has been advised of the possibility of such losses or damage.

4.5 The use of the Nutrikey Program and subsequent diet analysis should not replace the direction and guidance of your veterinarian, you should consult your veterinarian before any changes or recommendations are implemented, especially ailment or health related.
5. Limitation of Liability and Indemnity
5.1 Subject to these Terms of Use, to the highest extent permitted by law, the Company excludes all statutory or implied conditions and warranties and any other liability it may have to you (including liability for indirect or consequential loss) that may arise under statute or at law including without limitation for breach of contract, in tort (including negligence) or under any other cause of action.

5.2 Subject to these Terms of Use, to the highest extent permitted by law, the Company limits its liability under any condition or warranty which cannot be legally excluded in relation to the supply of services through the Nutrikey Program to whichever of the following it determines at its discretion to:

(a) supplying equivalent services again; or

(b) paying the cost of acquiring equivalent services again.

5.3 You agree to indemnify the Company against all costs (including legal costs), expenses, damages, accounts or other losses or liability, including those arising from any actions, suits, proceedings, claims or demands, made against or suffered by the Company, arising out of the Company supplying you with advice in accordance with these Terms of Use or arising out of you breaching any of your obligations (which includes any negligent act or omission by you or your agents and associates) under these Terms of Use.
6. Privacy

6.1 You agree that any information provided by you to the Company may be used for marketing purposes of the Company's products and services. Your email address will be added to the Company's existing data base.

6.2 Notwithstanding anything provided in the preceding subclause, if you at any time notify us in writing (which includes an email) that you do not wish to receive the Company's E-newsletters, the Company shall use all reasonable efforts to cease sending you the Company's E-newsletters.

6.3 The Company will use reasonable efforts not to disclose any information obtained from you to any third parties without your prior approval.

6.4 You acknowledge and agree that any information you provide to the Company is provided at your own risk.
7. Intellectual Property
7.1 "Intellectual Property" means all intellectual property rights, including all copyright, patents, trademarks, design rights, trade secrets, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.

7.2 Ownership of all Intellectual Property (other than third party Intellectual Property) associated with the Program and any related documentation provided to you pursuant to the Program belongs to and will vest in the Company.

7.3 Nothing stated in these Terms of Use shall be construed as an implied or express transfer of the Intellectual Property to you or any other person.

7.4 You shall not use any of the Company's Intellectual Property including copyright, trademarks, logos, know-how and any other type of Intellectual Property belonging to the Company without the prior written consent of the Company.

7.5 The Company grants you a non-exclusive and non-transferrable licence to use the Company's Intellectual Property in information and documents provided to you through the Program only to the extent of your personal use and not for resale or distribution to third parties without the prior written consent of the Company.

7.6 You warrant that you own or have the right to use and allow the Company to use the Intellectual Property in the material you supply to the Company for the purpose of using such material in connection with the Program and that the material shall be in the form suitable for the Company to utilise the Program. You further warrant that the use of the Intellectual Property in the material provided by you to the Company shall not infringe the rights of third parties and you indemnify the Company for any cost, loss or damage arising out of the Company using any material provided by you that infringes the rights of third parties.

Nutrikey is a free service powered by the Hygain Group of Companies.
Contact us:
+61 3 5943 2255
[email protected]
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