Terms & Conditions

TERMS AND CONDITIONS FOR PARTICIPATION IN GRAZEXIN USER TRIAL (“TRIAL”)

 

PLEASE SCROLL DOWN AND READ ALL THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND INQPHARM SETTING OUT THE TERMS AND CONDITIONS THAT GOVERN YOUR PARTICIPATION IN THE TRIAL (“AGREEMENT”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH COMPANY OR ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” AND “YOUR” SHALL REFER TO SUCH COMPANY OR ENTITY.

 

SECTION 1 - ACCEPTANCE

Your participation in the Trial is on a voluntary basis.

You must only participate in the Trial in accordance with these terms and conditions and as permitted by applicable laws. You must not participate in the Trial if you do not agree to these terms and conditions. You accept these terms and conditions by clicking “submit” where that option is presented to you. Otherwise, your submission of the application form will be deemed as an acceptance of these terms and conditions. 


When filling-out the application forms for the Trial, you must provide us correct, accurate and up-to-date information. In the event we discover that you have given us incorrect, inaccurate and outdated information, we reserve our right, at our sole discretion, to terminate your right to participate in the Trial immediately.

SECTION 2 - TERM

 

This Agreement shall commence on the date when our representative informs you that you have been selected to participate in the Trial, and end with the final data entries.  

 

SECTION 3 - TRIAL

 

Once you have been selected by us, you will be enrolled in one of the 3 following programs which, in our sole discretion, is most suitable to your farm:

 

(a)         Grazexin Neo Program

 

This program will involve the following:

 

  • 2ml of Grazexin Neo will be given to each piglet once within the first 3 days of age of the piglet via drenching.
  • The Trial will be conducted on about 250 piglets in one (1) or two (2) farrowing rooms in which the piglets will receive Grazexin Neo.
  • The Trial will last until the end of nursery of the piglets that ranges from day 42 to 49 of life of the piglets (“End of Nursery”).

 

(b)         Grazexin Juv Program

 

This program will involve the following:

 

  • The dosage will depend on the farm’s standard weaning age of the piglets.
  • If the weaning age of the piglets is less than 28 days, 3 ml of Grazexin Juv will be given to each piglet for 6 days at weaning.
  • If the weaning age of the piglets is more than or equal to 28 days, 4 ml of Grazexin Juv will be given to each piglet for 3 days at weaning.
  • The Trial will be conducted on about 250 piglets (depending on the water medication circuit) in which the piglets will receive Grazexin Juv.
  • The Trial will last until the End of Nursery.

 

(c)         Grazexin Full Program

 

  • A combination of both Grazexin Neo and Grazexin Juv programs

                         

For the purpose of this Trial, our products, either Grazexin Neo and/or Grazexin Juv (“Products”) will be added in addition to your standard feed and medication programs. Any information on the Products is provided for informational and educational purposes, and is not a substitute for advice. Please seek the advice of or consult your veterinarian before relying on any information provided.

 

SECTION 4 - FEES

 

Once you have been selected by us, the Products for use during the duration of the Trial will be provided to you free of charge.

 

We may contact your veterinarian directly for the setting-up of the Trial. We will make arrangement for your veterinarian to visit your farm once before the commencement of the Trial. The cost of this visit will be covered by InQpharm up to a limit of €200.

 

SECTION 5 – DATA RECORDINING

 

You agree to record the following data in accordance with the timeline stipulated hereunder during the Trial:

 

(a)         First Data Point: at weaning

  • Number of piglets treated:
  • Presence of diarrhea: yes/no
    • If yes, how many piglets
  • Mortality rate:
  • Average piglet weight:
  • Any other non-standard intervention: yes/no
    • If yes, please specify
  • Individual antibiotic treatments for diarrhoea: yes/no
    • If yes, please specify

 

(b)         Second Data Point: at the End of Nursery

  • Number of piglets treated:
  • Presence of diarrhea: yes/no
    • If yes, how many piglets
  • Mortality rate:
  • Average piglet weight:
  • Any other non-standard intervention: yes/no
    • If yes, please specify
  • Individual antibiotic treatments for diarrhoea: yes/no
    • If yes, please specify

 

You further acknowledge and agree that you shall upload the data collected pursuant to this Section 5 on our website at www.grazexin.com within 5 days from the End of Nursery.

 

SECTION 6 - YOUR VETERINARIAN

 

To facilitate a fruitful and smooth Trial, you agree that the participation of your veterinarian is essential to the Trial. For this purpose, we will reach out to your veterinarian. The extent of the involvement of your veterinarian in the Trial includes, without limitation, the following:

 

  • to explain to you all information pertaining to the Products and the Trial;

 

  • prior to the commencement of the Trial, to do an on-farm visit to your farm to ensure that the Trial has been duly set up; and

 

  • to explain to you the effects and benefits of the Products and answer all queries you may have on the Products and the Trial.

 

SECTION 7 - COMMENTS, FEEDBACK AND TESTIMONIALS

 

You agree to give comments, feedbacks or testimonials on your experience with the Products and/or share your journey with the Products at the end of the Trial.

 

You agree and authorise us and our contractors to:

 

  • photograph and records (on film, video, tape recording and otherwise);

 

  • edit, format and include special effects; and

 

  • “double” or “dub” your voice (in English and other languages) and appearance,

 

relating to your comments, feedbacks and testimonials or the like.

 

SECTION 8 - USAGE

 

You agree and acknowledge that you assign to us all copyright, moral rights and intellectual property rights subsisting in or relating to the Trial and will do all things necessary to evidence and perfect that assignment.

 

You further agree and acknowledge that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium:

 

  • any of the data collected pursuant to Section 5;

 

  • on an anonymous or pseudonymous basis, and any data collected when you sign-up for the Trial, including, but not limited to, your personal data, your farm’s data and your animals’ data; and

 

  • on an anonymous or pseudonymous basis, any comments, feedback and testimonial collected, taken or recorded by us for the Trial,

 

for any legal purposes, including, but not limited to, research and development, marketing or commercial purpose that we determine in our sole discretion are necessary without your consent or notification to you.

 

In the event we intend to disclose, publish or advertise any of your personal information other than the manner set out above or for purposes other than that stated above, we will seek your consent prior to disclosing, publishing and advertising the same.

 

We are and shall be under no obligation to pay compensation for any such data, feedbacks, comments or testimonials collected, taken or recorded by us.

 

SECTION 9 - PROHIBITED USES

 

You acknowledge and agree that you shall not distribute, modify, sell or trade the Products or the like supplied to you during the Trial for any public or commercial purposes. 

 

In addition to other prohibitions set forth in this Agreement, you are prohibited from using the Products or any of the data or information collected or generated in this Trial (a) to solicit others to perform or participate in any unlawful acts; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; or (d) to submit false or misleading information or data. We reserve the right to terminate your participation in the Trial for violating any of the prohibited uses at anytime during the Trial.

 

SECTION 10 – REBATE

 

At the end of the final data entries, if you have uploaded the data collected pursuant to Section 5, timely, accurately and without error, you will be given a voucher which will entitle you to a 20% rebate on your first purchase of the Products valid within 12 months after the end of the final data entries.

 

SECTION 11  - SUPPORT SERVICES

 

You agree and acknowledge that the Trial is provided to you as one of our marketing campaigns and that we are not obliged to provide any technical support, phone support or updates for the Products or the Trial.

 

SECTION 12 - PERSONAL INFORMATION

 

Your submission of information through the website is governed by our Privacy Policy. If you opt to withdraw your consent for us to use your personal information herein, you will be deemed to have opted to withdraw from this Trial.

 

SECTION 13  - DISCLAIMERS AND EXCLUSION OF LIABILITY  

 

You expressly agree that your use of, or inability to use, the Products are at your sole risk. To the extent permitted by law, the Products is delivered or provided to you on an “as is” and “as available” basis for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

 

In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, loss of profits, loss of revenue, loss of savings, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Products in your farm, or for any other claim related in any way to your use of the Products, including, but not limited to, any errors or omissions in any contents, descriptions or efficacy, or any loss or damage of any kind incurred as a result of the use of the Products even if advised of their possibility.

 

SECTION 14  - LIMITATION OF LIABILITY

 

During the Trial period, you are solely responsible for the health of your animals that are the subject of the Trial (“Animals”). Except for liability that cannot by law be excluded, we shall not be held responsible for damages (including, without limitation, direct, incidental, consequential, indirect or punitive loss or damages, or damages resulting from (i) loss of profits due to the sickness, injuries or mortality or anything of the sort to your Animals; or (ii) reliance by you on the Products information provided to you) arising out of your participation in the Trial or use of the Products.

 

If for any reasons this Section 14 is found invalid, our aggregate liability to you shall be the current weaner market value in your country per Animal (as published by EU Meat Market Observatory https://ec.europa.eu/agriculture/market-observatory/meat/pigmeat/statistics_en) which you agree is a fair compensation for your voluntary participation.

 

SECTION 15 – SEVERABILITY

 

In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 16 – TERMINATION

 

This Agreement constitutes an agreement that is effective unless and until terminated by us.

 

The obligations and liabilities of the parties herein incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of this Agreement, we may terminate your rights to participate in the Trial at any time without notice and you will remain liable for all obligations and liabilities up to and including the date of termination.

 

Upon the termination for any reason, you shall, in our sole discretion either (a) return all unused Products to us at your own costs and expenses; or (b) dispose of the Products upon our instructions with evidence of disposal to be delivered to us forthwith.

 

SECTION 17 - ENTIRE AGREEMENT

 

Our failure or delay in exercising or enforcing any right or provision of this Agreement shall not constitute a waiver of such right or provision.

 

This Agreement constitutes the entire agreement and understanding between us and governs your participation in the Trial, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between us.

 

Any ambiguities in the interpretation of this Agreement shall not be construed against the drafting party.

 

SECTION 18 - GOVERNING LAW

 

This Agreement shall be governed by and construed in accordance with the laws of Switzerland.

 

SECTION 19 - DISPUTE

 

All disputes or claims arising out of or in connection with this Agreement shall be finally resolved entirely through arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce with the seat in Geneva by one arbitrator appointed in accordance with the said rules. The language of arbitration shall be English. The decision of the arbitrator shall be final and binding.

 

SECTION 20 - DISCONTINUANCE AND CHANGES TO TERMS AND CONDITIONS  

 

We may discontinue the Trial at any time without prior notice to you.

 

You can review the most current version of this Agreement at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of this Agreement by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to this Agreement constitutes acceptance of those changes.

 

SECTION 21 - CONTACT INFORMATION

 

Questions about this Agreement should be sent to us at: contact@grazexin.com.

 

 

 

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