We are Ockerman Agritech Ltd (company number 16164285) ("Ockerman", "us", "we" or "our") and we own and operate the mobile application and web platform known as "RationBuddy" ("Service").
By downloading the app and/or accessing the Service, you are agreeing to the applicable terms of this agreement which are legally binding. Please read this agreement, together with our Privacy Policy (https://www.rationbuddy.com/privacy), before downloading the app, registering an account, and/or accessing the Service.
If you do not agree to the terms of this agreement, you may not access or use the app or register an account for the Service.
TERMS OF USE - APPLICABLE TO ALL USERS
1. App Purpose and Limitations
1.1. The Service is provided to enable users to calculate and plan livestock feed rations and nutritional requirements. We do not conceive, design, monitor, or verify any feeding programs or nutritional calculations, and we do not accept any responsibility for you using or following them, or any adverse effects on livestock health or performance that may result. We do not provide, and no part of the Service should be construed as providing, professional veterinary or animal nutrition advice. You acknowledge and agree that:
- Livestock nutrition is complex and depends on numerous variables
- Incorrect feeding decisions can impact animal health and performance
- You are solely responsible for verifying any calculations or recommendations
- You will exercise professional judgment and seek expert advice when needed
1.2 You should consider consulting a qualified animal nutritionist or veterinarian before implementing any feeding program, particularly if your livestock have any health conditions, special nutritional requirements, or if you have any concerns about their dietary needs.
2. Disclaimers
2.1. Except as set out in this agreement, the Service is provided "as is" and without any guarantee, warranties or representations. To the fullest extent legally permissible, we disclaim any and all conditions and warranties, whether express or implied, including but not limited to those as to quality, fitness for purpose, non-infringement, title, quiet enjoyment, or freedom from viruses or malware.
3. Support and Contact
3.1. If you need to get in touch with us, you can use any of the following methods:
Website | https://www.rationbuddy.com |
support@ockermanagri.com |
3.2. We are responsible for customer service in relation to the app and Service and can help you if you are having any issues. iOS Users acknowledge that Apple has no obligation whatsoever to provide any support or maintenance services in relation to the app
3.3. If we need to get in touch with you, we will do so by email or via an in-app notification.
4. Our Responsibilty to You
4.1. If we breach this contract or are negligent, we may be liable to you for foreseeable loss or damage that you suffer as a result. By "foreseeable" we mean that, at the time this agreement was made, either it was clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
4.2. Except as set out in paragraph 4.1 and to the fullest extent legally permissible, we shall not be liable to you for any losses, whether in contract, tort, statutory duty or otherwise (including but not limited to direct, indirect, special, incidental or consequential losses or damages), that are directly or indirectly related to:
- Your access and use of the Service or that of third parties;
- User-created feed rations, nutritional calculations, or other content;
- Your inability to use the Service;
- Use of your saved rations or calculations by third parties in accordance with this agreement;
- Any third party claim of intellectual property infringement relating to your content;
- Any damage to any devices, including any computer, mobile device, or other equipment or technology, including but not limited to any damage which results from any security breach or from any virus, bug, malware or fraud;
- Loss of, or damage to, any content or other data;
- Accuracy of nutritional information, calculations, or results.
4.3. We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, any special, exemplary, punitive, indirect or consequential damages of any kind, or any business losses (including but not limited to loss of profit, loss of livestock productivity, business interruption, or loss of business opportunity, whether direct or indirect and whether or not foreseeable).
4.4. Subject to the foregoing provisions, and to the extent permissible by law, our maximum aggregate liability to you under or in connection with this agreement (including your use of the Service) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £5,000.00. This does not apply to the types of liability set out in paragraph 4.5.
4.5. Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
5. Privacy and your personal information
5.1. Protecting your personal information is important to us. Our privacy policy (https://www.rationbuddy.com/privacy) explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to it and how to contact us and supervisory authorities if you have a query or complaint. By accessing and using the Service, you agree that you have read and understood the terms of our privacy policy and accept that we will process your personal information as described therein.
5.2. We may collect and use technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the app. We may also use this information, as long as it is in a form that does not personally identify you, to improve products or to offer new services or technologies to you.
6. Intellectual property rights and licence restrictions
6.1. You acknowledge and agree that:
- 6.1.1. all intellectual property rights in and to the Service and associated software and content existing anywhere in the world belong to us or our licensors;
- 6.1.2. that rights in the Service are licensed (not sold) to you;
- 6.1.3. that you have no rights in, or to, the Service other than the right to access and use it in accordance with this agreement.
6.2. You acknowledge that you have no right to have access to the Service, app or any other software provided by us in source-code form.
6.3. Our trademarks may not be copied, imitated or used, in whole or in part, without our prior written permission.
6.4. If any third party claims that our app or your possession and use of the app infringes their intellectual property rights, we (and not the app store) will be responsible for investigating the claim and, where appropriate, for defending, settling and/or discharging it.
6.5. You agree not to do any of the following (or permit anyone else to do so):
- 6.5.1. interfere with or disrupt the operation of the Service, app or the servers or networks used to make them available, or violate any requirements, procedures, policies or regulations of such networks;
- 6.5.2. reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Service or any Content;
- 6.5.3. modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Service (including associated software). If you wish to reverse engineer any part of the Service to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;
- 6.5.4. use the access to the Service to create any competing product, service or solution;
- 6.5.5. remove any copyright, trade mark or other proprietary rights notice from the Service, Content or other materials originating from or accessible via the Service;
- 6.5.6. frame or mirror any part of the Service or Content without our express prior written consent;
- 6.5.7. create a database by systematically downloading and storing any Content; or
- 6.5.8. use any manual or automatic device in any way to gather Service content or reproduce or circumvent the navigational structure or presentation of the Service without our express prior written consent (except public online search engines, which are granted limited permission to use search retrieval applications to reproduce materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service).
7. Termination
7.1. We can end this agreement if you do not comply with any part of it or if our agreement with the app store ends for any reason whatsoever.
7.2. We will give you a reasonable amount of notice before the agreement ends but if what you have done is serious then we may end this agreement immediately and without advance notice to you. "Serious" means that you are causing harm (or attempting to cause harm) to other users, interfering with the operation of the app or doing anything else that we think presents a big enough risk to justify us ending the agreement quickly.
7.3. The consequences of the agreement ending are as follows:
- 7.3.1. you are no longer allowed to access and use the Service or associated Content in any form and we may remotely limit your
- 7.3.2. you must delete our app and any other software provided by us from any devices that it has been installed on; and
- 7.3.3. we may delete or suspend access to any accounts that you hold with us.
7.4. You have the right to close your account and cease use of the Service via your profile within the Service. We do not retain or archive a copy of your data or Content in the event that you delete your account, though some Content may continue to be made accessible via the Service as described in this agreement.
8. Transferring this agreement
8.1. We may transfer our rights under this agreement to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.
8.2. You are not allowed to transfer your rights under this agreement to anyone without our prior written consent.
9. Entire agreement
This agreement, together with any documents referred to in them constitute the entire agreement between you and us and govern your use of the app, superseding any prior agreements between you and us.
10. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this agreement that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks.
11. Governing law and jurisdiction
The laws of England apply to this agreement, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of the country in which you live. Any disputes will be subject to the jurisdiction of the English courts, except that if you are resident in Scotland, Wales, or Northern Ireland, you may bring a claim in your local court.