Terms & Conditions

TERMS AND CONDITIONS OF SERVICE
Last updated: September 2024

These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with the http://www.herdwatch.com website and Herdwatch application (the “Service”) operated by Herdwatch Ltd. (“Herdwatch”, “us”, “we”, or “our”).

Please read these Terms and Conditions carefully before using our websites and Herdwatch application (the “Service”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.

1. Provision of the Service and How to Contact Us
Herdwatch provides an application named “Herdwatch” (the “Application”), which allows users to upload digital content concerning their farm, livestock, and herd records (the “Content”) to the cloud using their smartphone, computer, or other devices (the “Service”).

Full contact details for Herdwatch are as follows:

Registered Address: Herdwatch, Agri-epi Centre Midlands, Agri-tech Innovation Hub, Edgmond Newport, Shropshire, TF10 8JZ
Contact Address: As above
Company Registration Number: 15065127
Email Address: info@herdwatch.co.uk
Telephone Number: 020 3773 2763

2. Licenses Granted
Herdwatch grants you a non-exclusive, revocable, non-sub-licensable, non-transferable license to use the Application. You acknowledge that all copyrights, database rights, website design, trade and service marks, logos and/or names, design rights, know-how, and other intellectual property rights (whether registered or not) belong to Herdwatch (or applicable licensors) and may not be used without prior written consent from Herdwatch.

You grant Herdwatch a non-exclusive, transferable, revocable, sub-licensable, royalty-free worldwide license to use the Content subject to the terms and conditions of this Agreement.

3. Privacy Policy and Data Protection
Our Privacy Policy is available at www.herdwatch.com/privacy-policy.

4. Warranties and Indemnity
Herdwatch warrants that it will use reasonable skill and care in the provision of the Service but makes no warranty that the Application and/or Site is free from viruses or anything else that has contaminating or destructive properties. It is your responsibility to adopt appropriate security measures such as backups and firewalls.

You warrant that you are the owner or licensee of any Content you upload and that the Content does not infringe upon third-party rights, violate laws, or include harmful content such as viruses.

You agree to fully indemnify Herdwatch against all claims, liabilities, costs, and expenses arising out of your use of the Service or any breach of this Agreement.

5. Service Availability and Limitation of Liability
The Service is provided “as is” without warranties. Herdwatch reserves the right to modify, withdraw, suspend, or restrict the availability of the Service without notice. We are not liable for data corruption or failed uploads due to internet connectivity issues. Herdwatch advises verifying any uploaded content for accuracy.

Herdwatch is not responsible for maintaining equipment or services needed to access the Service, such as hardware, software, or internet connectivity.

To the maximum extent permitted by UK law, Herdwatch is not liable for indirect, special, or consequential damages, loss of profits, data loss, or similar damages, with liability limited to the amount you paid for the Service in the preceding 12 months.

6. Storage of Content
While Herdwatch uses a third-party cloud storage provider employing secure technology, Herdwatch is not solely responsible for storing or backing up your Content. We recommend that you make independent arrangements for backups.

7. Notices
All notices should be sent to Herdwatch via e-mail at info@herdwatch.ie or by post to the registered UK address under Clause 1.

8. Links
The Service may contain links to third-party websites. Herdwatch is not responsible for the content or availability of these sites. Use of third-party websites is at your own risk.

9. Purchases, Subscriptions, and Accounts
Purchases:
If you purchase a product or service through the Service, you may need to provide payment card information. You represent that the information is accurate and that you have the legal right to use the payment method provided. Herdwatch reserves the right to refuse or cancel orders for reasons including but not limited to product availability, errors, or suspected fraud.

Subscriptions and Billing:
Subscriptions are billed on a recurring basis, either monthly or annually, depending on your selected plan. Your subscription will automatically renew unless canceled before the renewal date. A valid payment method is required, and by providing such information, you authorise us to charge for fees incurred.

Fee and Billing Cycle Changes:
Herdwatch may change subscription fees or billing cycles by providing reasonable notice. Continued use after the change constitutes agreement to the new terms.

Herdwatch Refund Policy

At Herdwatch we are dedicated to providing high-quality software services and ensuring customer satisfaction. Our refund policy is designed to be fair to both the company and our valued customers. Please read the following terms carefully.

30-Day Money-Back Guarantee (For New Customers)
- New customers who subscribe to any of our paid plans are eligible for a 30-day money-back guarantee. If you are not satisfied with our service within 30 days of your first subscription payment, you may request a full refund.
- This guarantee applies only to new subscriptions and does not cover subscription renewals or plan upgrades.
Refund Requests for Subscription Renewals
- Subscription renewals are generally non-refundable. However, in special circumstances, you may contact our accounts team within 14 days of the renewal to request a review. We will assess each case individually to ensure a fair resolution.
Cancellation Policy
- You may cancel your subscription at any time. Cancellations will take effect at the end of the current billing period, and no further charges will be applied. Cancellations do not trigger a refund for the current period.
Refund Process
- To request a refund, please contact our renewals team at support@herdwatch.com
- Be sure to provide your account details and a clear reason for the refund request.
- Once your refund request is reviewed, we will notify you of the outcome. If approved, a refund will be processed to the original payment method within 3-5 business days.
Exceptions
- Refunds will not be granted for unused portions of your subscription, service interruptions due to factors outside our control, or misuse of the service.
- Refund requests for customers who have violated our terms of service will not be considered.
Modifications to the Refund Policy
- We reserve the right to update or modify this refund policy at any time. Any changes will be communicated to our customers in advance, and the updated policy will be effective immediately upon posting.

10. Termination
Herdwatch may terminate your access to the Service at any time if you breach this Agreement. Payment may only be made via credit card or debit card.

11. Dispute Resolution
In the event of a dispute, the parties will attempt to resolve it informally. If unresolved, it may be referred to mediation through the Centre for Effective Dispute Resolution (CEDR). If mediation fails, the dispute may be submitted to the exclusive jurisdiction of the courts of England and Wales.

12. General and Applicable Law
This Agreement constitutes the entire agreement between you and Herdwatch. Any failure to enforce rights under this Agreement does not waive those rights.

This Agreement is governed by the laws of England and Wales. All disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.

13. Changes
Herdwatch reserves the right to modify these Terms at any time. If a material change occurs, we will provide notice at least 30 days before the new terms take effect. Continued use of the Service following revisions indicates agreement to the new terms.