Terms & Conditions
Terms & Conditions applicable to FeedHenry services for Developers
1.1 FeedHenry Limited, a company registered in Ireland under registration no. 458931 having its principal place of business at Carriganore, Waterford, Ireland (“the Company”), which expression shall include its subsidiaries and associated companies contracts with all persons availing themselves of the services for software developers (“the Customers”) subject to and upon the following terms and conditions (“the Terms”) which shall exclusively govern the provision of the services notwithstanding any terms or conditions, whether oral or written, or purported variations contained in any application form, order or other communication submitted by the Customer to the Company, save to the extent that such variation is expressly agreed and accepted in writing by a duly authorised officer of the Company.
1.2 Any application by a person who wishes to become a Customer is subject to the Customer’s adherence to the Terms and the provision of such information and the completion of such registration procedures as may be determined from time to time by the Company and the decision by the Company to accept such application. Save as hereinbefore provided no officer, employee or agent of the Company has authority to vary, add to or depart from the Terms or make any representations in relation to the services provided in connection therewith or the contract made herein.
1.3 These Terms set out the terms of the contract between the Company and the Customer and references in these Terms to the “Contract” and the “Agreement” shall be construed as references to the said contract. By clicking the “I accept” button on the Company’s website at developer.feedhenry.com (“the Site”) each Customer shall be deemed to have accepted the Terms, which acceptance shall be deemed to be repeated each and every time the Customer uses the services. Visitors to and users of the Site irrespective of whether they become Customers of the Company are also deemed to be bound by the Terms each time access is made to the Site. The Terms may be varied from time to time by the Company in accordance with the provisions hereinafter appearing.
2. Subscriptions and Fees
2.1 Services may only be received by persons who have attained the age of 18 years. The provision of certain services are subject to Customers paying the prescribed subscription fee therefor. Customers may edit, delete and otherwise change data submitted at any time provided they use their secure password.
2.2 The Company is not an internet service provider. To benefit from the services, Customers are required to have access to the internet and appropriate software and other facilities necessary for connection to and the use of email and access to the world wide web.
2.3 The services will be made available to Customers as soon as reasonably practicable after acceptance of the Terms together, where relevant, with payment of the subscription fee. Following acceptance each customer will be issued with a password to facilitate access to the Site. Under no circumstances are Customers entitled to a refund of any subscription fee unless the Company determines that such a refund is due in accordance with the FeedHenry Refund Policy. Access to the services is for such period specified on the Site as is applicable to the Customer’s category of subscription. If a Customer wishes to continue to subscribe to the services after such period he or she will be entitled to do so provided that he or she discharges any applicable subscription fee payable in respect of the following period and complies with the then current Terms. Customers should be aware that the Company reserves the right to vary the amount of the subscription fees and the period of access to the services.
3. Representations and Warranties
In clicking the “I accept” button and in submitting all information to the Company, Customers are deemed to represent and warrant to the Company that the contents of their application and all such information is accurate and up to date in all respects and includes, without prejudice to the generality of the foregoing, the correct name, address and other requested details, and where details of credit, debit or charge cards are furnished Customers undertake that they are fully entitled to use the card and have available funds sufficient to cover the charges which are to be deducted from it. The Company will issue a verification email which enables Customers to control their email address and contact particulars. Customers are required to comply with the Company’s instructions as set out in the verification email.
5. Statutory Rights
The provisions of these Terms shall not prejudice such statutory rights (if any) as may, notwithstanding these Terms, be granted to Customers by virtue of Sections 12, 13, 14 and 15 of the Sale of Goods Act 1893, as amended by the Sale of Goods and Supply of Services Act, 1980.
6.1 The Company does not exercise any control over nor does it exercise any responsibility for the accuracy, completeness or otherwise in relation to any material available in respect of the services which is submitted by Customers or others. Accordingly: -
(a) the fact that any third party websites are linked to or from the Company’s website does not constitute any endorsement or acceptance of any responsibility in relation to the website or anything which appears on it.
(b) Customers are required to exercise no less a degree of caution in appraising the services than would be the case in relation to off-line services.
(c) Persons may not necessarily be who they represent themselves as being and Customers should exercise extreme caution in order to satisfy themselves that appropriate verification is undertaken in relation to information obtained from the services.
(d) Use of the services is entirely at Customers’ own risk.
6.2 Customers are responsible for everything which is undertaken within a Customer’s account or through a Customer’s email address.
6.3 To the maximum extent permitted by law Customers hereby release the Company, its directors, members, employees, advisers and contractors from all liability arising out of or in connection with the provision of the services and the information made available thereunder (whether submitted by Customers or others).
7. Additional Services
In the event that the Company or any other company which is a subsidiary or holding company of the Company provides additional services though the FeedHenry developer’s service from time to time such services may be provided in accordance with separate terms and conditions or rules of use. Conditional on such terms and conditions being posted on the Site or being notified to Customers in a manner determined to be appropriate by the Company any failure by a Customer to comply with such terms and conditions or rules or use governing such additional services shall be deemed to constitute a breach of the Terms.
8. Withdrawal and Modification of the Services
8.1 Without prejudice to clause 15 the Company reserves the right to withdraw or modify the services where this is attributable in whole or in part to legal or technical reasons (including for the avoidance of doubt difficulties encountered by the Company either within its organisation or on the internet). From time to time it may become necessary to suspend the services. To enable the Company to adhere to the highest standards of security it may also be necessary for the Company to require Customers to change their password and any other information which enables Customers to access the services.
8.2 The Company reserves the right to suspend or terminate any Customer’s access to the services or any part thereof and to edit or require a Customer to edit material submitted to the services in the event that the Customer or the information, in the opinion of the Company, constitutes a breach of the Terms. In the event of suspension or termination the Customer is prohibited from reregistering or reaccessing the services in the absence of prior written consent issued by the Company.
Customers are prohibited from the following: -
(a) submitting an email or postal address, phone number, the address of any website or any other information which is intended to facilitate mass communication; or
(b) using the services for the purposes of the development of an app. on behalf of a third party which integrates or is intended to be integrated into a third party’s information technology system unless such third party shall have first obtained a licence from the Company on terms satisfactory to the Company; or
(c) using access to the services or information obtained from it for the purpose of submitting unsolicited email.
The Company reserves the right to alter the amount or the basis upon which the Company’s fees are calculated from time to time by posting amended particulars on the Site. Under no circumstances shall the Company be obliged to refund or rebate the payment of fees unless the Company determines that such a refund is due in accordance with the FeedHenry Refund Policy. In accordance with clause 7 the Company may provide additional services from time to time which may require the payment of additional fees either to the Company or to a third party in which case the terms relating thereto will be provided to Customers at an appropriate time.
11. Intellectual Property
11.1 Customers are required to ensure that all information submitted to the Company and that all activities or communications made in connection with the services do not infringe the intellectual property or other rights of any person or breach any applicable law (whether criminal, civil or otherwise) and is not offensive, obscene, pornographic, incorrect, unreliable, misleading or would otherwise bring the Company or the services into disrepute.
11.2 All intellectual property rights, copyright, trademarks, patents and any other form of intellectual property in and relating to the services is owned by or licensed to the Company and any information furnished to the Company by Customers shall, unless the contrary indication is shown by a Customer, vest in and belong to the Company. Any copying, distribution or transmission of the whole or any part of the services is hereby prohibited. In the event that any person wishes to make a copy of or to distribute or display the services or any part thereof or to create any derivative work therefrom he or she may only do so upon terms previously licensed by the Company on terms acceptable to the Company.
11.3 The submission of all information to the Company by a Customer in respect of the services constitutes a representation by the person submitting same that he or she is legally entitled to do so and that the Company is deemed to have been granted a non exclusive royalty-free irrevocable licence to copy, modify, distribute, display in public and create derivative works from the information in any form whatsoever and that the Company is authorised to adapt the information. Accordingly all persons submitting information to the Company in respect of the services shall be deemed to waive all moral rights to object to any treatment or to be identified as the all author of the information whether under the Copyright and Related Rights Act 2000 or otherwise.
Given that in accordance clause 6 the Company does not review or screen material contributed by Customers before it is used in connection with the services, Customers are required to draw to the attention of the Company all relevant information concerning the services which appears not to be in conformity with the requirements of the Terms.
13. Withdrawal of Material and Termination of Subscription
The Company reserves the right to withdraw any material submitted by Customers in connection with the services which in the opinion of the Company was submitted otherwise in accordance with the requirements of the Terms or which would otherwise bring the Company into disrepute, in which case the Company reserves the right to terminate the contract and the relevant Customer’s access to the Site and the services.
14. Limitations of Liability
(a) The Company shall not be liable to any Customer or any third party in respect of indirect or consequential loss or damage or in respect of any loss of data, profit, revenue or business howsoever caused including, for the avoidance of doubt, breach of the Terms by the Company or otherwise.
(b) Save and to the extent expressly provided herein, the Company shall have no further liability whatsoever for injury, death, loss, damage or expense incurred by the Customer resulting from defects in materials and/or workmanship in the services howsoever arising.
(c) Notwithstanding clauses (a) and (b) the maximum liability of the Company to a Customer or to any third party whether in respect of the Agreement negligence or otherwise shall not in any circumstances exceed an amount equal to the aggregate of the fees paid by the Customer.
(d) Nothing in these Terms shall limit the Company’s liability in respect of death or personal injury arising by reason of the negligence or other default of the Company or any other liability which may not be excluded by law.
15. Force Majeure
The Company shall not be liable for any loss, damage, injury or expense whatsoever incurred by the Customer arising or resulting from Acts of God, Government orders, strikes, lockouts or other industrial action, inability to secure labour, materials or supplies at commercially justifiable rates, accidents, computer, plant or vehicle breakdown, war, civil commotion or any other circumstances (whether of the foregoing class or not) beyond the control of the Company and every contract between the Company and the Customer is subject to suspension, variation or cancellation by the Company as may be necessary due to force majeure aforesaid.
Each Customer hereby agrees to indemnify the Company in respect of all liabilities, claims and expenses that may arise by reason of any breach of the Terms by a Customer or through a connection through which access is obtained to the services by the Customer.
The Company may assign its rights and/or obligations under the contract entered into with its Customer under these Terms and subcontract all or any of its rights and obligations thereunder. A Customer is prohibited from assigning its rights and/or obligations under the contract entered into with the Company under these Terms without having obtained the prior written consent of the Company which consent may be withheld or conditioned by the Company in its absolute discretion.
18. Governing Law
These Terms and all other terms of every contract between the Company and the Customer concerning the services shall be governed by and construed in all respects in accordance with the laws of Ireland and the Customer agrees to submit to the non-exclusive jurisdiction of the Irish Courts in relation to any matter arising hereunder in dispute.
Paragraph headings in these Terms are for ease of reference only and shall have no legal effect whatsoever.
20. Entire Agreement
20.1 The contract entered into between the Company and a Customer under these Terms together with any other document referred to in the Terms contains the entire agreement between the Company and the Customer concerning the services which replaces all prior agreements and understandings and all other representations and warranties are hereby excluded save as otherwise contained in the Terms.
20.2 The Company reserves the right to alter, vary and substitute the Terms from time to time in which case the Company shall display the revised Terms on the Site and the revised Terms shall thereby take effect and will govern the services and the Company’s relationship with Customers in substitution for the earlier Terms which shall be deemed to have been superseded thereby.
In the event that any of the Terms are held or determined to be invalid or unenforceable by any court of competent jurisdiction the remaining Terms shall remain valid and enforceable.
22. To Contact the Company
The Company may be contacted by post at Carriganore, Waterford, Ireland. Any payments to be made by cheque or bank draft shall be made payable to FeedHenry Limited which should be sent to the above address. All correspondence from Customers is required to include a contact email address.