Terms and Conditions of Use
Welcome to Monil’s system for virtual fencing and animal monitoring.
- The virtual fencing and remote monitoring of livestock should not replace regular human inspection.
- Land managers and stock keepers should not solely rely on virtual fencing in preference to physical fencing in situations that are a risk to livestock, humans or other valuable assets.
These standard terms and conditions (“Terms and Conditions”) govern all use of Monil’s products and Services unless otherwise explicitly agreed in writing. Please read these Terms and Conditions for Use carefully as they apply to Monil’s Products and Services.
By accessing the Monil products, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use any parts of the Monil system.
Certain parts or features of the Products or Services may be subject to additional terms, policies or guidelines that are hereby incorporated into these Terms. Normal use and operation of the products and services are described in the User Manual.
1. Description of Products and Services
The Monil system consists of collars for cattle and interfaces such as mobile applications to operate the collars. The system is designed to contain cattle within an area defined by the user, called virtual fence. The collars should only be used for the type of animal they are intended for. The collar provides audio and electric cues to the animals to contain them. For the system to work properly, the animals need to be trained according to the user manual. The system also reports on animal movements and positions.
2. General Scope and Application
Monil reserves the right to change these terms and conditions at any time. Any such changes will take effect when posted on www.monil.com.
In no event shall any preprinted terms or conditions included on Buyer’s purchase orders, invoices, or other preprinted forms be considered an amendment or modification of these Terms and Conditions. Any such preprinted terms or conditions are hereby objected to and shall be null, void, and of no effect. Any sale of Products or Services to Buyer is expressly conditioned on the acceptance of these terms.
These Terms and Conditions shall apply in addition to and in parallel with Monil’s “Terms of Sales” and “Privacy Policy“, which apply to the purchase, use, access or otherwise making use of the Products and Services offered by Monil.
Monil is entitled to modify any of the Products it offers, or to discontinue the Services, support of publication, distribution, sale, or licensing of any or all of the Products at any time without liability.
3. Normal use
Normal Use is described as employing the System and Services in accordance with the guidelines provided in the Monil user manual (available following this link). Other descriptions of the system do not define normal use.
Monil has the sole authority to determine whether the specific usage in question can be classified as Normal Use. Usage that goes against the welfare of the animals, displays negligence or is illegal will not fall within the scope of Normal Use. Monil reserves the right to determine, at its sole discretion and within reasonable bounds, whether the specific usage can be categorised as Normal Use.
4. Prohibited use
- Use of the Monil system for any unlawful purpose.
- Use of the Monil system for any other animals than cattle (aged above 6 months).
- Attempt to gain unauthorised access to any parts of the System.
5. User Accounts
To access the App, you are required to create a user account. You agree to provide accurate and complete information when creating your account and to keep your login credentials secure. You are solely responsible for all activities that occur under your account.
6. Privacy Policy
Your privacy is important to us. Please review our Privacy Policy [link to Privacy Policy], which explains how we collect, use, and protect your personal information in connection with the hardware product and App.
7. Force Majeure
Monil shall not be liable for delayed or defective Products, or any other failure to meet its obligations under these Terms and Conditions and/or the agreement entered into with the User, provided that the event in question is due to an unforeseen circumstance or cause beyond its control. This includes any strike, lock-out, labour dispute, act of God, inability to obtain labour, utilities or services, application of applicable laws, enemy or hostile actions, sabotage, war, blockades, insurrections, riots, epidemics, washouts, nuclear and radiation activity or fall-out, civil disturbances, explosions, fire or other casualty, or any other cause, whether similar to or dissimilar from the foregoing, provided that it is beyond the control of Monil. Monil shall promptly notify the User of the occurrence of any such event.
In the event of any such delay, defect or failure to fulfil an obligation, performance of the affected obligation shall be suspended for a period of time equal to the time of such delay, unless the delay continues for more than two (2) months, in which case Monil may terminate the agreement in question with immediate effect without incurring any liability.
8. Intellectual property Rights
Monil solely owns and retains all intellectual property rights in and to the Services and Products, including but not limited to design, artwork, technology, software, data, functionality, and documentation, custom developments, modifications, and derivative works by whomever produced. User shall not directly or indirectly:
(i) copy, modify, or reverse engineer any part of the Services or Products;
(ii) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, or Products;
(iii) modify, translate, or otherwise create derivative works of any part of the Services or Products;
(iv) copy, rent, lease, distribute, or otherwise transfer any of the rights to the Services and Products;
(v) export the Services and Products from the territory where you were granted such rights or where the Products were delivered (the “Territory”) or use the Services and Products outside such Territory; or
(vi) access or use any Services or Products to build a competitive service, product or device.
User acknowledges that he/she obtains no proprietary rights in Monil’s trademarks, service marks, trade names, URLs, copyrighted material, patents, and patent applications, and agrees not to challenge our proprietary rights. The compilation of all data included in or made available through the Services and/or Products is the exclusive property of Monil and protected by U.S. and international copyright laws.
You are granted a limited, non-exclusive licence to use the hardware product and App solely for your personal use in accordance with these Terms.
9. Limited Warranty
The System and Services are sold with a limited warranty.
The limited warranty covers normal use (“Normal Use”) of the system. The limited warranty does not extend to Products damaged by reason of alteration, accident, abuse, neglect or misuse or improper or inadequate handling; improper or inadequate wiring utilised or installed in connection with the Products; installation, operation or use of the Products not made in strict accordance with the specifications and written instructions provided by Monil; use of the Products for any purpose other than those for which it was designed; ordinary wear and tear; disasters or Acts of God; unauthorised attachments, alterations or modifications to the Products; the misuse or failure of any item or equipment connected to the Products not supplied by Monil; improper maintenance or repair of the Products; or any other reason or event not caused by Monil.
10. Non-conforming system or services
The User shall notify Monil without undue delay after it has detected that the Products are non-conforming or defective by sending an email to support@monil.com.
11. Limitation of Liability
Monil shall not be liable for any lost profits or savings, loss of reputation or goodwill, claims of third parties or any indirect, incidental, punitive, special or consequential damages, whatsoever, whether based upon breach of warranty, breach of contract, negligence, strict liability, other legal theory or any background legislation, or other losses or expenses incurred by User or any third party.
The User should be aware that Monil shall in no event be liable for any loss or claim related to animals moving outside of the virtual boundary grazing area for whatever reason or as a result of gross negligence or willful misconduct. Furthermore, Monil shall not be held accountable for any third party claim, suit or proceeding related to animal welfare or animal actions.
Monil does not guarantee that the animals will always stay within the virtual boundaries set by the User. The User should bear this in mind when using the Product and Services.
12. Governing Law and Dispute Resolution
This Agreement and any conflicts arising out of or in relation to it shall be governed by the laws of Norway (conflict of law’s provisions excepted), and the parties hereby submit to the jurisdiction of the courts of Norway, which shall have exclusive jurisdiction over all conflicts in connection herewith. The User hereby waives any right to assert any rights or defences within any other jurisdiction or to require that litigation regarding this Agreement take place elsewhere. Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall first be referred to mediation in accordance with the Rules of the Arbitration and Dispute Resolution Institute of the Oslo Chamber of Commerce in force at any time.
13. Miscellaneous
Should any of the clauses above, in whole or in part, be legally invalid, the validity of the other clauses of these Terms and Conditions shall remain unaffected.
Any failure to exercise, or delay in exercising, any right or remedy arising from these Terms and Conditions shall not operate as a waiver thereof.
14. Contact Information
If you have any questions or concerns about these Terms, please contact us at support@monil.com.