Terms of Use

IMPORTANT-READ CAREFULLY BEFORE REGISTERING TO USE EQUINE DATA SOLUTIONS

The copyright and other intellectual property rights in Equine Data Solutions are and remain our property. You are licensed to use Equine Data Solutions only if you accept all the Terms and Conditions set out below.

By clicking on the acceptance button and/or by registering and/or using Equine Data Solutions, you indicate acceptance of the licence and the Terms and Conditions set out below.

You represent that you are authorised to do so. If you are not authorised, nor deemed in law to have such authority, you assume sole personal liability for the obligations set out hereunder.

You should therefore read the Terms and Conditions below carefully before clicking on the accept button. If you do not accept these Terms and Conditions, you should click on the reject button and not register or otherwise use Equine Data Solutions.

Terms of use

These terms govern the use of equinedatasolutions.com and our relationship with Equine Data Solutions users and others who interact with Equine Data Solutions. By accessing or using Equine Data Solutions you agree to be bound by these terms.

Definitions

By “Equine Data Solutions” we mean the platform, services and features made available through the Equine Data Solutions website www.equinedatasolutions.com and any other branded or co-branded sites including affiliate websites, mobile platforms or apps.

“Equine Data Solutions” is the property of Staten Tech Ltd. A company incorporated in Ireland under number 548598 and offices at Unit B1 Fotapoint Enterprise Park, Killacloyne, Carrigtwohill, Co. Cork.

By “Service” we mean the secure storage and sharing of safety documents and data

By “Information” we mean any personal data or profile information that you submit to the website.

By “Materials” we mean safety documents and safety certificates

By “Site” we refer to equinedatasolutions.com and all related international sub-domains or affiliate websites including mobile platforms or apps

Service availability

Equine Data Solutions reserves the right at its discretion and at any time to refuse to (a) accept your registration; or (b) provide access to its Service.

Equine Data Solutions may restrict access to certain types of information.

Content and information

Equine Data Solutions gives no warranty as to the validity, quality or accuracy of information received and held on the Service.

Privacy

Your use of the Site is governed by the Equine Data Solutions Privacy Policy that is available at privacy-policy .

Registration and Security

Prior to gaining access to certain Services on the Site, Equine Data Solutions will require you to provide an email address, mobile number and set up a password (the "Password(s)") as set forth in the account registration procedures posted on the Site. You agree to comply with the procedures specified by Equine Data Solutions from time to time regarding obtaining and updating Passwords for the Site and Services. You agree to assume sole responsibility for the security of Passwords created by you. Accounts are subject to cancellation or suspension by Equine Data Solutions at any time, including upon the misuse of any and the reissuance or reactivation of Passwords. You agree to ensure that you will use your best efforts to prevent any third party from obtaining your Password, and you shall inform Equine Data Solutions immediately in writing of any actual or potential unauthorised access to a Password or to the Site and/or Services. In addition you will agree to the following:

You will not use Equine Data Solutions if you are under 18 years of age

Content and Information

You acknowledge that you are responsible for the information and material that you submit to the Site (each a "Submission"), and that you, and not Equine Data Solutions, will have full responsibility for each such Submission, including its legality, accuracy, validity, veracity, reliability, appropriateness, originality, and copyright. Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. No information you submit shall be deemed confidential. However, Equine Data Solutions agrees to use your information in accordance with Equine Data Solutions Privacy Policy applicable to personally identifiable information. You retain ownership of any copyright or other intellectual property rights applicable to any information you submit to Equine Data Solutions. Notwithstanding the foregoing, you hereby assign to Equine Data Solutions all right, title and interest in and to any new feature that you may suggest or submit to Equine Data Solutions and you acknowledge and agree that Equine Data Solutions may use such suggestion or submission in any manner, including, without limitation, to develop features for the Site.

Where you grant access to Materials to another user, you agree to such user granting access to the Materials to other users.

Rights of Others

Equine Data Solutions respects the rights of others and we expect you to do the same. You should not post content or take any other action on Equine Data Solutions that infringes or violates someone else’s rights or the law. Equine Data Solutions retains the right to remove any content or information you post if we believe you violate this term. If you repeatedly infringe other peoples’ rights, Equine Data Solutions reserves the right to disable your account. You agree that you will not collect or republish information from other Equine Data Solutions users without their consent

Trademarks & Copyright

The trademarks, service marks, brands, names, logos and designs ("Trademarks") of Equine Data Solutions or others used on this Site and in the Service are the property of Equine Data Solutions or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Site or in the Service without the express prior written permission of Equine Data Solutions or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use such trademarks. All of the Materials appearing on this Site and in the Service, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of Equine Data Solutions, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

Third Party Content

Third parties may provide certain information and content to Equine Data Solutions ("Third Party Content"). The Third Party Content is, in each case, the copyrighted work of the creator/licensor, and may be subject to terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding such terms. Equine Data Solutions disclaims all warranties and conditions with regard to content provided by third parties, including all implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Links to Third Party Sites

This Site may provide links to other Web sites or resources over which Equine Data Solutions does not have control ("External Web Sites"). Such links do not constitute an endorsement by Equine Data Solutions of those External Web Sites. You acknowledge that Equine Data Solutions is providing these links to you only as a convenience, and further agree that Equine Data Solutions is not responsible for the content of such External Web Sites. Your use of External Web sites is subject to the terms of use and privacy policies located on the linked to External Web sites.

Payment and Refund Policy

At your own discretion, you may choose to avail of paid services offered to you by Equine Data Solutions. By purchasing such services, you agree to use them and abide by the Terms set forth herein. At the time of purchase of these services you will be informed of any expiration terms and length of availability of these services to you. Equine Data Solutions does not issue refunds for any of these expired paid services, nor does it offer refunds with respect to any of these services. If you have reason to enquire about any aspect of this you agree to submit such enquiry in writing to Equine Data Solutions. Submission of such enquiry does not imply any direct action be taken by Equine Data Solutions with respect to these enquiries but Equine Data Solutions will endeavour to read and respond to them. If you fail to provide timely payment for any of these paid service offered to you by Equine Data Solutions, Equine Data Solutions reserves the right to terminate such services as it sees fit. Safety certificate pricing is calculated on a per document per year or part there of basis. Site document pricing is calculated on a per document basis with no time restrictions.

Indemnification

You agree to defend, indemnify and hold harmless Equine Data Solutions and its affiliates, representatives, officers, partners, shareholders, agents and employees from and against any and all liabilities, claims, costs and expenses, including lawyers' fees, which arise out of or in connection with your use of the Site and/or the Services or breach of these Terms.

Disclaimer of Warranty

You acknowledge and agree that this Site and/or the Service may include certain errors, omissions, outdated information which may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by Equine Data Solutions, and agree that Equine Data Solutions does not warrant the accuracy or timeliness of the Materials and further agree that Equine Data Solutions has no liability for any errors or omissions in the Materials, whether provided by Equine Data Solutions or its licensors.

Equine Data Solutions, for itself and each of its licensors, makes no representations, warranties, or guarantees as to the validity,  quality, suitability, truth, accuracy or completeness of any information or material contained on the site and/or the services, including without limitation the materials and any third party content. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the Site and/or the Service and any information or material contained on the Site is provided to you on an "as is" and "where-is" basis, and is for personal use or internal business use only. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed. Equine Data Solutions provides the services "as-is" without any warranty of any kind.

Limitation of Liability

Neither Equine Data Solutions nor any of its partners, agents, affiliates, third party providers or content providers shall be liable to you or any third party for any form of damages (including, without limitation, direct, indirect, incidental, special or consequential damages) arising out of or related to the use or attempted use of the Site or the Service, including but not limited to, the results of your use of the Site and/or the Services, or any external web sites linked to this Site, or the materials on the site, however arising, whether for breach of contract or in tort, even if Equine Data Solutions was informed of the possibility of such damage.

Equine Data Solutions accepts no liability in contract, tort or otherwise including negligence for (a) inability to gain access to the Service as a result of routine or emergency maintenance on the system or excessive demand for the Service; (b) loss of data including both data transmitted and other data held by you; (c) delay or failure in transmitting or receiving material; (d) indirect or consequential losses arising from use of the Service including loss of revenue, business, anticipated savings or profits.

Termination

Either party may terminate the service on one month’s notice.

Equine Data Solutions may terminate the Service immediately (a) if it has reason to believe that you are not using the Service in accordance with these terms; or (b) if a competent Regulatory Authority requires Equine Data Solutions or any of it suppliers to do so; or (c) if your use of the Service creates potential regulatory, reputational or legal exposure for Equine Data Solutions.

We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.

Force Majeure

Neither party shall be liable to the other, for any loss or damage which may be suffered by the other of them due to any cause beyond the first party’s reasonable control including without limitation any technical failure and the actions of other users of the Service.

Notices

Any notice shall, unless otherwise expressly stated, be in writing and shall be given by sending the same by e-mail, post or facsimile transmission to the other party’s address as may be designated in writing from time to time. Any notice served by post shall be deemed (in the absence of evidence of earlier receipt) to have been delivered two days after its dispatch. Any notice given by e-mail or facsimile transmission shall be deemed to have been delivered on the next working day following transmission.

No waiver

Failure by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right on any later occasion.

Variation of terms

Equine Data Solutions reserves the right to vary these terms from time to time on giving you notice. You shall be deemed to have accepted the changes if you continue to use the Service after a period of seven days from the delivery of the notice.

Law

The provision of the service shall be governed by the law of Ireland and the parties submit to the exclusive jurisdiction of the Courts of Ireland.

Entire Agreement

The user has read and understands this Agreement and agrees that it constitutes the complete and exclusive statement of the Agreement between Equine Data Solutions and the user with respect to the subject matter hereof and supercedes all proposals, representations, understandings and prior Agreements, whether oral or written, and all other communications between the parties.

Assignment

This Agreement is personal to the user and it may not be assigned, transferred, sub-contracted or otherwise assured or disposed of or any right or obligation under it without Equine Data Solutions prior written consent.