Use of NIR4® Web Portal Terms and Conditions
1.1 This web portal (“Web Portal”) is provided by AB Agri Limited (“Us”, “We” or “Our”) (company number 193800; registered office address Weston Centre, 10 Grosvenor Street, London W1K 4QY, United Kingdom).
1.2 These Terms and Conditions (“Terms”) set out the terms and conditions for use of this Web Portal. By using this Web Portal, You indicate that You accept both these Terms and the end user licence agreement under which you are granted the right to access and use the web portal (“EULA”) (available on the following webpage https://results.nir4farm.com/Legal/TsCsAndEULA or https://results.nir4feed.com/Legal/TsCsAndEULA ) and that You agree to be legally bound by them. If You do not agree to these Terms or the EULA, please do not access or use this Web Portal. If there is any conflict or ambiguity between these Terms and the EULA, the EULA shall take precedence.
1.3 We may change these terms at any time by posting changes online. Please review these Terms regularly to ensure You are aware of any changes made by Us. Your continued use of this Web Portal after changes are posted means You agree to be legally bound by these terms as updated and/or amended.
2. Accessing and Using this Web Portal
2.1 You must treat your username and password as confidential and You must not disclose them to any third party. We have the right to disable any username or password at any time if in Our opinion You have failed to comply with any of the provisions of these Terms or the EULA.
2.2 We will not be liable if for any reason this Web Portal is unavailable at any time for any period.
2.4 Youagree to use this Web Portal only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of this Web Portal. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within this Web Portal.
2.5 You shall not:
2.5.1 except to the extent expressly permitted under these Terms or the EULA, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of this Web Portal in any form or media or by any means;
2.5.6 obtain, attempt to obtain, or assist any person in obtaining, access to this Web Portal other than as permitted under these Terms or the EULA.
2.6 You are responsible for ensuring that all persons who access the Web Portal through Your internet connection and any of Your employees who have been granted access to this Web Portal by You (“Authorised Users”) are aware of these Terms, and that they comply with them. An obligation on You to do, or to refrain from doing, any act or thing shall include an obligation on You to procure that Your Authorised Users also do, or refrain from doing, such act or thing.
2.7 If you breach any of these Terms We may, at Our discretion, immediately suspend or terminate your right under the EULA to use this Web Portal.
3.1 If You provide any information, data, commentary, materials or other content that is uploaded to this Web Portal (“User Content”), You warrant that such User Content:
3.1.1 is Your own original work and that You have the right to make it available to Us for all the purposes specified in these Terms or on this Web Portal;
3.1.2 does not infringe any applicable law;
3.1.3 is not obscene, threatening or defamatory; and
3.2 We reserve the right (acting in Our sole discretion):
3.2.2 (without prejudice to clause 3.3) to edit, amend, modify, moderate or remove any User Content as We see fit for any reason without liability and without notice to You; and /or
3.3 Notwithstanding Term 3.2.2, We are under no obligation to edit, amend, modify, moderate or remove any User Content .
4 Purchasing Tokens
4.1 You may purchase tokens (the currency used in order to carry out scans using your NIR4 product) (“Tokens”) by following the instructions set out on the following page of this Web Portal: https://results.nir4farm.com/Tokens or https://results.nir4feed.com/Tokens
4.2 Depending on where you are located, you may be able to purchase Tokens via this Web Portal. If so, upon Our acceptance of Your order for Tokens, the Tokens will automatically be downloaded onto Your Product when on-line and We will issue an invoice in due course. Any Tokens purchased are non-refundable. Each Token shall remain valid until used by You to purchase a Scan, subject to termination of these Terms or the EULA, at which point any Tokens You may have shall automatically expire.
4.3 Any complimentary Tokens that We may issue will be subject to such restrictions as to use and/ or duration as We may specify.
5 Intellectual property rights
5.1 We are the owner or the licensee of all copyright and other intellectual property rights in this Web Portal, and in the material published on it. All such rights are reserved.
5.2 Save as expressly permitted, no part of this material may be reproduced in any form including storing it in any medium by electronic means whether or not temporary or incidental to some other use.
5.3 You must not use any part of the materials on this Web Portal for commercial purposes without obtaining a licence to do so from Us or Our licensors.
5.4 You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way using this Web Portal except as expressly permitted by Us. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
5.5 Our status (and that of any identified contributors) as the authors of material on this Web Portal must always be acknowledged.
6 Disclaimers and Limitation of Liability
6.1 The material on this Web Portal including the information, names, images, pictures, logos and icons regarding or relating to Us and/or Our products and services (or to third party products and services), is provided "AS IS" and on an "IS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
6.2 We may make changes to the material on this Web Portal, or to the products and prices described in it, at any time without notice. The material on this Web Portal may be out of date, and We make no commitment to update such material.
6.3 Where this Web Portal contains 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.
6.4 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 this Web Portal or to Your downloading of any material posted on it, or on any website linked to it.
6.5 Our liability under and in connection with these Terms and Your use and access to this Web Portal is limited in accordance with the provisions set out herein and Condition 9 of the EULA: https://results.nir4farm.com/Legal/TsCsAndEULA or https://results.nir4feed.com/Legal/TsCsAndEULA
7 Information about You and Your visits to this Web Portal
8.1 If any of these Terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
8.2 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to this Web Portal although We retain the right to bring proceedings against You for breach of these conditions in Your country of residence or any other relevant country.
8.3 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
March 2017 version