EMR Terms & Conditions

TERMS AND CONDITIONS FOR THE USE OF THE EQUINE MEDIRECORD MOBILE APPLICATION AND THE SERVICES MADE AVAILABLE ON OUR WEBSITE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY

BY DOWNLOADING THE APP AND/OR ACCESSING THE SERVICES ON OUR WEBSITE

YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS PLEASE DO NOT DOWNLOAD THE EQUINE MEDIRECORD MOBILE APPLICATION OR ACCESS THE SERVICES.

Who we are and what these terms and conditions do

We are Tincomy Limited (trading under the registered business name “Equine MediRecord“), an Irish company, located at Eyrefield House, Eyrefield Road, Curragh, Co. Kildare R56 Pw01, Ireland (referred to as “we” or “us” or “Equine MediRecord” in these Terms). Our company registration number is 599476.

We are a company that specialises in providing solutions for the proper recording of medicines administered to racehorses and other bloodstock. We develop, sell, and maintain a unique mobile application and website database which allows users to simplify administration and their Irish Horseracing Regulatory Board medical record compliance on their racing yard, stud or bloodstock farm. Acting with the full permission of our customers, we then provide this medical record compliance information to the various State, semi-State, and private authorities — including the Irish Horseracing Regulatory Board, Horse Racing Ireland, or The Thoroughbred Breeders’ Association — that are charged with regulating the health, wellbeing and medicines administered to racehorses and other bloodstock.

We may also process information regarding medicines administered to racehorses as provided by our customers, including by collating it into a collective, anonymised format for transmission to our commercial partners, including pharmaceutical and equine health companies. We may also collate the data into anonymised format in order to identify trends. We will never share any of your own personal information (such as name or contact details) to our partners.

The purpose of these terms is to govern how you, a user of the Equine MediRecord Mobile Application and/or our website and a person providing us with information via the Equine MediRecord Mobile Application and/or website about your racehorses’ medical record, may use the Equine MediRecord Mobile Application and the website. In these terms and conditions (the “Terms“), we refer to you as “you“, “your” and/or “customer.”

Specifically, under these Terms, we license you to use:

(i) The Equine MediRecord mobile application software, the data supplied with the software, (the “App”), and any updates or supplements to it,
(ii) Any related online or electronic documentation, if applicable (the “Documentation”),
(iii) The service you connect to via the App and/or the website (www.equinemedirecord.com) and the content we provide to you through it (the “Service(s)”), as permitted in these Terms.

Acceptance of Terms

By using the Equine MediRecord App in any manner you agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates, and all users who access the Equine MediRecord App through your account to these Terms.

Your privacy

We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy statement here.

App store’s terms also apply

If you have downloaded our App from an App store, then the ways in which you can use the App and Documentation may also be controlled by the relevant App Store’s rules and policies and these rules and policies will apply instead of these terms where there are differences between the two.

Payment Processing

All payments through the App or in respect of the Services are undertaken on our behalf by Stripe. In using the App, the Services or when making any payment, you warrant that you have read, understood and agree to be bound by Stripe’s terms and conditions in place at the time, which are available on its website.

Support for the App and how to tell us about problems

Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at www.equinemedirecord.com.

Contacting us (including with complaints). If you think the App or the Services are faulty or mis-described or wish to contact us for any other reason please email our customer service team at info@equinemedirecord.com.

How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.

How you may use the App, including how many devices you may use it on

In return for your agreeing to comply with these Terms you may:

download or stream a copy of the App onto your devices and view, use and display the App and the Service on such devices for your personal purposes only.
use any Documentation to support your permitted use of the App and the Service.
provided you comply with these Terms, make copies of the App and Documentation for back-up purposes; and
receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

Changes to these Terms

We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce.

We will give you at least 30 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App. We encourage you to check for any changes to these Terms on a regular basis. If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.

Update to the App and changes to the Service

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.

Registration as a user

In order to use the App and the Services, you may be required to register and log in free of charge (an “Account“). You must be aged over 18 to accept these Terms, use our App or Services, and to register for or create an Account.

To create an Account, you will be asked to fill out the registration form on our site or App and send it to us. You must provide the information necessary for the registration completely and truthfully. At the time of registration, you will choose a personal user name and a password. You are obligated to keep the password confidential and to under no circumstances make it known to third parties.

If others with whom you work or care for horses require access to the same equine data, they are obligated to create their own independent accounts. You may then use the “Invite Assistant / Vet” facility to invite other users of the App and Services to enjoy collaborative administrator/editor privileges regarding the equine data connected to your Account. You agree to only extend such invitations to people with whom you work or are in some other way personally acquainted. You agree to never share your password or identifying account details with anyone, including users you have invited to use the Services.

To verify your identity, we may ask a regulatory agency charged with regulating horseracing in your jurisdiction, such as the Irish Horseracing Regulatory Board or British Horseracing Authority (as applicable), to indicate to us that you or your business(es) is a registered horseracing trainer/breeder and to supply us with your unique registration reference number as maintained by the applicable regulatory agency. By registering for an Account on our Website or App you hereby expressly give us permission to seek verification of your registration status with the applicable regulatory agency and to hold such details on our database.

You must keep your Account secure. You must notify us immediately of any breach of security or unauthorized use of your Account. You are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account you may send us an email request at info@equinemedirecord.com.

You are personally responsible for updating the personal information held by your Account in case of any changes. All changes can be made online after logging in under “Profile” tab.

Intellectual property rights

All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us and our licensors and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

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