To access the Heyrex Service and the Heyrex Software ("Heyrex Service") you must accept the terms of the User Licence Agreement. By clicking on the "Accept" button at the end of the Agreement, you agree to the following terms and conditions governing your use of the Service.
This Agreement sets out the terms on which Heyrex Limited ("we" or "us"), a New Zealand company, grants a licence to you to use the Heyrex Service.
We grant to you a revocable, non-transferable limited licence to install and use the Heyrex Service solely in accordance with the terms of this Agreement. For the Heyrex service to run you may need to purchase Heyrex animal tracking apparatus (ie an item or items of hardware) and in the event of such a purchase the hardware (the Heyrex Product) will be owned by you.
You may access the Heyrex Service from the date you are first granted access until the end of the term specified in the Service Subscription Form ("Term"). However, we may be entitled to terminate your access early, in accordance with this Agreement.
You do not own the Heyrex Service. This means you may not license, sublicense, resell, transfer, assign, distribute or otherwise commercially exploit the Heyrex Service or its content in any way including to modify or make derivative works based on the Service or its content; reverse engineer or access the Service in order to build a product or service using similar ideas, features, functions or graphics; copy any ideas, features, functions or graphics.
All title to and property in and to the Service is owned by Heyrex Limited. At least a number of aspects of The Heyrex Service are protected by copyright law and international copyright treaty provisions. Your right to access and use the Service is limited to the rights granted under this Agreement. All rights of ownership in the Heyrex Service are reserved by Heyrex Limited.
We will charge you a service activation fee. This fee is payable when you initialise the Heyrex Service, and is non refundable.
We will charge you an on-going monthly service fee. The monthly service fee is payable monthly in advance.
If You have subscribed to a flexible monthly payment plan, you may terminate your use of the Heyrex Service at any time by contacting us to that effect at email@example.com. Your access to the Heyrex Service will then terminate at the end of the billing month in which you give the notice. You will not receive a refund of the monthly service fee for the balance of that billing month.
If You have subscribed to a fixed term plan, you are committed to pay all service fees that apply. Should you cease payment during your term commitment or be in breach of clause 21 of this Agreement, Your access to the Heyrex Service will be blocked until Your payments are brought up-to-date or your have rectified other such breach. Should you fail to rectify payment or any other breach under the terms of this Agreement, You agree that the balance owing for the remaining period of Your commitment will be deducted from your registered credit card or Your arrears will be forward to a collection agency and You will be liable for all outstanding charges, a collection fee of $100.00 payable to Heyrex Limited and any collection fees charge by the collection agency.
You are responsible for:
paying the applicable service activation fees and on-going monthly service fees to us when due;
all activity occurring under your user account, including ensuring that all logon and/or password details remain secure and confidential at all times;
your own computer networks, Internet access and telecommunications services and for the security of your computer system; and
the accurate and timely input of all data into the Heyrex Service.
We may assume that any request or order we receive is authorized by you if it is sent from your registered email account.
We warrant that we will provide the Heyrex Service in a manner consistent with industry standards and that the Heyrex Service if properly accessed by a suitable computer system will perform substantially in accordance with our Help documentation under normal use and circumstances. We will provide this service while an agreement is in place between us.
We warrant that each Heyrex product will be free from defects in material and workmanship for a period of twelve (12) months from the date that you acquire the product (the "warranty period"). If during the warranty period you experience a fault with a Heyrex product that is not due to fair wear and tear, Heyrex will repair or replace it.
Other than the warranty in clause 10 in relation to the Service, and the warranty in clause 11 in relation to a Heyrex product, all warranties whether express or implied are disclaimed to the maximum extent permitted by law
The warranties in clauses 10 and 11 are void if you have damaged, abused, misused or misapplied the Heyrex Service or Heyrex product contributing to its failure to meet the warranty.
We do not represent or warrant that the Heyrex Service will meet your requirements or expectations, that the Heyrex Service will be uninterrupted or error free, or that the Heyrex Service is free of viruses or other harmful components.
In particular, we do not warrant that the Heyrex Service will diagnose physical or behavioural conditions, or that it is a substitute for regular veterinary checks. The Heyrex Service is not a medical alert system.
If we are liable to you under this Agreement or otherwise, we will compensate you, but up to a maximum amount of $500.
Except to the extent provided for at paragraph 17, we are not liable to you for any illness or injury suffered by your animal (eg pet) either during, or after, your use of the Heyrex Service.
If you are on a monthly service plan, You may terminate your licence (and use of the Heyrex Service) at any time by contacting us at firstname.lastname@example.org. Your licence and access will then be terminated from the end of the relevant billing month. If you are on a fixed term plan, please refer to clause 8
We may terminate your licence (and use of the Heyrex Service) immediately and without notice if you fail to comply with the terms of this Agreement.
If we or you terminate your use of the Heyrex Service, then on termination taking effect:
your rights to access and use the Heyrex Service will cease;
you will no longer receive data and reports from the Heyrex Service; and
you may keep any Heyrex products, or you can offer to sell them back to us (but we are not obliged to accept your offer).
Please note that by registering to use the Heyrex Service, you agree to us contacting you by email from time to time, so that we can gain feedback on our products and services, offer you new products and services, manage our rewards program, and generally provide improved customer service. You can unsubscribe from our email list at any time.
Our hours are 8.30am - 5.00pm Monday through Friday New Zealand time. We are very happy to assist with queries regarding the Heyrex Service and Heyrex products. Please contact us by any of the means listed below to communicate with one customer service team:
This Agreement constitutes the entire agreement and understanding between us and you and supersedes any prior agreement or understanding whether oral or written relating to the Heyrex Service and Heyrex Products.
This Agreement shall be governed by New Zealand law and we and you submit to the exclusive jurisdiction of the New Zealand courts.