Contents

1. 1. Understanding these Terms of Use
2. 2. Creating and accessing a SAHPS Account
3. 3. Your obligations
4. 4. Training & support
5. 5. Your data
6. 6. Our data
7. 7. Closing and suspending SAHPS Accounts
8. 8. Disclaimer and your liability to us
9. 9. General legal matters

1. Understanding these Terms of Use

• What we mean: To ensure that the meaning of these Terms of Use is clear, we have listed below some of the words which we use which have specific meanings:

2. Creating and accessing Accounts

• How to apply for the SAHPS Service: In order to access and use the SAHPS Service: a SAHPS Account must first be created. The process for setting up a SAHPS account depends on whether you are a vet or a farmer: vets can apply for an account directly from us, whereas farmers need to apply via their vet.
  • Vet: If you are an employee of a veterinary practice, you can apply for a SAHPS Account to be created by using the sign up function on this website. If we enable you to have SAHPS Accounts set up for other parties, you must only exercise that right to set up SAHPS Accounts for staff and clients of your veterinary practice.
  • Farmer: If you are a livestock producer, you can ask your veterinary surgeon to have an account set up for you. Your vet won't be able to do this until they have obtained their own SAHPS account from us. Please ask them to contact us in case of difficulty.
• How to apply for the SAHPS App Service: In order to access and use the SAHPS App Service the App must first be downloaded from the Play Store or Apple Store i) in case you already have a SAHPS Account, use your logon details to access the App ii) in case you do not have a SAHPS Account please contact us.
• Refusal: We reserve the right, at our discretion, not to accept an application to create a SAHPS Account. We will generally refuse to create a SAHPS Account for anyone who is neither:
  • Vet: an employee of a veterinary practice which does not wish to have an account on SAHPS Account.
  • Farmer: a livestock producer who is a client of such a veterinary practice.
• Formation of a contract: If we accept an application for the creation of a SAHPS Account and /or SAHPS App Account, we will confirm this by email and at that point a legally binding contract relating to use of the Service will be created between Your Business and us. If you apply for a SAHPS Account and /or SAHPS App Account to be created, you must therefore ensure that you are authorised to enter into this contract for and on behalf of Your Business. The contract will be concluded in the English language and the provisions of these Terms of Use shall govern our agreement with Your Business and with you.
• Accessibility: We are committed to making our site and/or mobile phone App as accessible as possible to everyone. We welcome your comments and suggestions about how to make the Service more accessible. If you are unable to access the information you require from this website and/or the mobile phone App, please contact us us for assistance.

3. Your obligations

• Restrictions on use: You must:
  • Own account: only access the SAHPS Account/SAHPS App Account which has been allocated to you
  • Business use: use the Service (including any materials obtained from this website) only on behalf of Your Business and solely for its legitimate business purposes connected with animal health plans relating to Your Business' livestock or its clients' livestock; and
  • Training for Vets: if Your Business is a veterinary practice, ensure that it has complied with the compulsory training requirements detailed in section 4 of these Terms of Use.
• Prohibited conduct: You must not:
  • Disruption: do anything which could reasonably be expected to damage, disable, overburden, or materially impair the Service or our website generally or which is likely to interfere with any other party's use or enjoyment of the Service;
  • Unauthorised access: use the Service for the purpose of accessing any content which you should reasonably suspect you are not authorised to access; nor
  • Dispute IP: question or dispute our ownership of the intellectual property rights in the Service, in this website and in the SAHPS App.
• Prohibited material: You are prohibited from submitting any material to us via the Service or otherwise which is or which links to or refers to any material which:
  • Objectionable: is threatening, abusive, malicious, defamatory, obscene, indecent, pornographic or otherwise sexually explicit, blasphemous, profane, intended or likely to incite racial or religious hatred, or is otherwise objectionable or offensive in any way in terms of standards prevailing from time to time in the United Kingdom;
  • Illegal: is unlawful or which encourages the commission of a criminal offence;
  • Infected: contains a virus, worm, trojan or other hostile computer program; or
  • Breaches rights: infringes any intellectual property rights or data protection rights of any third party.
• Security: Your Business is ultimately responsible for administering and safeguarding any passwords created to control access to its SAHPS Account/SAHPS App Account: please keep any password issued to you secure.

4. Training & support

• Training and support for farmers: Livestock producers can obtain training and support:
  • Tutorials: by using the online tutorials and information pages on the SAHPS website;
  • Vet: by contacting their veterinary practice; or
  • Contact us: if a query cannot be resolved after exhausting the above sources, by contacting us.
• Compulsory training for vets: If Your Business is a veterinary practice, you must not use the Service until Your Business has both:
  • Training: provided at least one member of veterinary staff to be fully trained by us in the use of the Service for producing health plans for the practice's clients; and
  • Representative: designated a 'Practice Super User' (being an administrator, manager, veterinary surgeon or another chosen individual) who will take responsibility for providing training and support on use of the System to others in their veterinary practice and also the practice's livestock producer clients.
• Optional training for vets: We will make training on the use of the Service available from time to time for veterinary surgeons and farmers for further details, please contact us.

5. Your data

• Your SAHPS App data: You agree values recorded to the SAHPS App to feed into SAHPS system all the time.
• Ownership of your data: Your Business retains ownership of any copyright, database rights or other intellectual property rights it has in any data transmitted using the Service: ownership of its rights in this data is not transferred to us.
• Our right to use and share your data: By transmitting any data using the Service, you and Your Business grant an irrevocable, worldwide, royalty-free, non-exclusive licence to allow us to:
  • Service provision: use the data for the provision of the Service (and share the data with our service providers, the veterinary practices and consultants selected by Your Business and authorised staff of Your Business for this purpose);
  • Disease control: share your data with The Scottish Government and other public authorities for use in relation to official disease control purposes (but we will only do this if we determine that we are compelled to do so on public policy grounds or by law);
  • Legal requirements: share your data with any third parties where we are required to do so by law; and
  • Anonymised: share your data on an anonymised basis with pharmaceutical companies, research institutes, the Scottish Government, Quality Meat Scotland and any other third parties selected by us for use for disease monitoring and other of their own educational, business and regulatory purposes.
• Personal data: You agree to SAHPS using your personal data. For more information about use of personal information about you, please see our general data protection regulation.

6. Our data

• Ownership of our data: All copyright, database rights, trade marks and other intellectual property rights in the Service, in this website generally and in the SAHPS App are either owned by or licensed to us and nothing in these Terms of Use shall transfer any ownership rights to you or to Your Business. The words "SAHPS" and "Animal Health Planning System" are trade marks of SRUC and SAC Commercial Ltd.
• Your right to use our data: You are permitted to retrieve and display content from this website on the device from which you initially accessed or downloaded it solely for the purpose of using the Service in accordance with these Terms of Use or for the purpose of assessing whether to obtain such services from us (and you may print copies of such content solely for these purposes.
• Restrictions on use of website content: You may not (and may not permit others to):
  • Modification: modify any documents or related graphics obtained via this website in any way (unless we grant you written permission to do so);
  • Ownership notices: remove, obscure or otherwise disassociate any of our copyright or trade mark notices from any copies of this website's content; nor
  • Unauthorised: otherwise use any of the content from this website in any manner not expressly permitted by these Terms of Use (and for the avoidance of doubt, you must not distribute nor publicly display any content from his website for any purpose not connected with animal health planning).
• Linking to this website: You may only create a link to our website homepage at https://sahps.co.uk/ on the condition that you do not do any of the following:
  • Framing: create a frame or any other browser or border environment around this website;
  • False endorsement: in any way imply that we are endorsing any products or services other than our own;
  • Misrepresentation: misrepresent your relationship with us nor present any other false information about us; or
  • Unsuitable: create a link from a website which contains content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
  You may not create any link to any other page of this website, nor frame it, without our prior written consent, nor may you restrict or inhibit the use or enjoyment of it by anyone else.

7. Closing and suspending Accounts

• Closure by us without cause: We reserve the right to close any SAHPS Account for any reason, by giving one weeks' notice. Also, if a SAHPS Account and/or SAHPS App Account is not used for a continuous period of 6 months, we reserve the right to close it without notice. We may also discontinue any feature of the Service immediately without notice.
• Suspension while breach is investigated: If we reasonably believe that your SAHPS Account and/or SAHPS App Account is being used in any way which is not permitted by these Terms of Use, we reserve the right to suspend your access to the Service immediately, until the issue has been resolved to our reasonable satisfaction.
• Closure on breach: If you (or any of Your Business' other personnel who have access to the Service) fail to abide by these Terms of Use, we reserve the right to immediately cancel Your Business' SAHPS Account and/or SAHPS App Account without notice. We may also permanently ban Your Business from accessing and using the Service. Upon closure of Your Business' SAHPS Account and/or SAHPS App Account, you must promptly destroy all materials obtained via the Service, save where retention is required by law.

8. Disclaimer and your liability to us

• What you are liable for: You and Your Business shall be held jointly and severally liable for any reasonable costs and expenses incurred by us as a result of breach of these Terms of Use by you.
• What we are liable for: We do not restrict our liability (if any) for:
  • personal injury or human deaths resulting from our negligence;
  • fraud committed by us; nor
  • any other matter which it would be illegal to limit or to attempt to restrict.
• Exclusion of our liability: You use this website and the Service entirely at your own risk. We exclude all other liability and responsibility for any amount or kind of loss or damage arising in connection with the Service or the website generally (even if we have been advised of their possibility.) For the avoidance of doubt:
  • Drug product data: We exclude any liability for the incorrect administration of any pharmaceutical products. It is the responsibility of the prescriber and the user of the drug product to ensure that the product is still licensed for use in the intended species and that the correct dosage and withdrawal period etc is being followed. For information about how we update drug product data on the website, please see our Standard Operating Procedure.
  • Errors: The information on this website is not intended to constitute professional advice. We exclude all liability for errors or omissions from information, materials or functions in or of the Service.
  • Service standard: The Service is provided "as is". We make no guarantee that the Service will be suitable for your intended use, neither do we guarantee that it will be error-free, timely, reliable, entirely secure, virus-free or available, especially since we are dependent on the reliability of the Internet and your use of your own computer to access the Service.
  • Disruptions: We will try to keep disruptions to a minimum but we may suspend the Service from time to time to carry out maintenance and support work and to investigate unauthorised use. We exclude all liability for business interruption resulting from the use or inaccessibility of the Service.
  • Third parties: We exclude liability relating to information provided by other users of the Service which you rely on or otherwise make use of. We exclude liability for misuse by third parties of information provided to other users of the Service. We also exclude liability relating to your collaboration with any third party as a result of using the Service or connected with any hyperlink on this website.
  • Indirect damage: In no event will we be liable to you for loss of profit, indirect or consequential damages.
  • Implied terms: We exclude liability for breach of any conditions implied by law (including without limitation any conditions of accuracy, security, completeness, satisfactory quality, fitness for purpose, non-infringement of proprietary rights outside the United Kingdom and the use of reasonable care and skill) which but for these Terms of Use might have effect in relation to the Service.
• Time limit on claims: In the event that our liability cannot be excluded, where permitted, we shall not be liable for any claims which you fail to notify us of within 12 months of Your Business' first SAHPS Account and/or SAHPS App Account being created.

9. General legal matters

• Entire agreement: These Terms of Use describe the entire agreement between you, Your Business and us regarding the Service, and supersede any prior understandings or agreements. The headings are for convenience only and shall not affect the construction or interpretation of these Terms of Use.
• Changes to this contract: We reserve the right to change these Terms of Use from time to time and therefore we may impose new or different Terms of Use on your use of the Service. These additional terms will be posted here on this website and will be effective immediately. Your continued use of the Service will be deemed to constitute acceptance by Your Business and you of all of the new terms. These Terms of Use may not otherwise be changed without our written consent.
• Unsolicited email: You agree not to send unsolicited e-mails for the purposes of advertising or market research to the e-mail addresses provided on this website.
• Transfer of rights & obligations: We shall be entitled to transfer our rights and/or obligations under these Terms of Use to another party. Neither you nor Your Business may transfer any of your rights or obligations under these Terms of Use without our written consent.
• Waiver and severability: If either you or we ignore any breach of these Terms of Use, it doesn't mean that any further breach cannot be enforced. Similarly, if any part of these Terms of Use turn out to be invalid or unenforceable for some reason, then it will be replaced with a provision which, as far as possible, achieves the same purpose as the original, and the remainder of the agreement will still be binding.
• Resolving disputes: These Terms of Use shall be governed by and interpreted in accordance with Scots law. If any party wants to take court proceedings in relation to the Service, it must do so in Scotland. You are responsible for compliance with any applicable laws of the country from which you use or otherwise access the Service.