Please carefully read these terms and conditions (“Terms of Use”) for download, installation,display and use of the Feedlot Cattle Dosage Calculator mobile application (“Application”) before you download, install, display or use the Application.

Parties: You will be referred to throughout these terms and conditions as “you” or “your”. Rubex Pty Ltd ABN 51 605 065 129 will be referred to throughout as “Rubex”.

1. Terms of Use

1. By downloading, installing, displaying or using the Application, you indicate that you accept these Terms of Use and that you agree to abide by them as a legally binding agreement between you and Rubex. Your download, installation or use of the Application constitutes your acceptance of these Terms of Use which takes effect on the date on which you download, install, display or use the Application. If you do not agree with these Terms of Use, you must cease downloading, installing, displaying or using the Application immediately.
2. The Application is owned and operated by the Rubex. Rubex reserves the right to amend, modify, add, delete and make corrections to the Terms of Use or by updating the Application to incorporate new Terms of Use, at any time without notice. All changes are effective from the date they are posted, and your continued use of the Application will constitute your acceptance of the variation of the Terms of Use. It is your responsibility to ensure you are aware of any changes to these Terms of Use each time you utilise the Application.
3. These Terms of Use also include the Additional Terms and Conditions, including the documents set out below:
   1. Rubex Privacy Policy; and
   2. Rubex Website Terms and Conditions.

2. Application Content and Access

1. While Rubex endeavours to take reasonable care in preparing and maintaining the information on the Application, Rubex does not warrant the accuracy, reliability, adequacy or completeness of any of the Application content. You acknowledge and accept that the Application content may include technical inaccuracies and typographical errors. The Application content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.
2. It is your responsibility to enquire with Rubex directly to ensure the accuracy and currency of the material or information you seek to rely upon.
3. Rubex does not guarantee that access to the Application will be uninterrupted or that the Application is free from viruses or anything else which may damage any computer or device which accesses the Application or any data on such a computer.
4. Rubex will not guarantee that the Application is fit for purpose nor can Rubex guarantee that the Application will assist you in reaching your desired goal.
5. You understand that access to the Application is reliant upon various factors outside of the control of Rubex that includes but is not limited to your internet provider, your telecommunications provider and the equipment used to access the Application.
6. You bear the complete responsibility in determining the suitability of the Application for your particular needs, requirements and desired result to be obtained.

3. Use of the Application and Data

1. You may download the Application, to view, use and display the Application on your mobile device for your personal use only. You may use the Application to view information and material provided by Rubex and to access to the Rubex website. You may not use the Application for any other purpose.
2. You acknowledge that you have no rights, title and interest in, or to, the Application or technology used or support by the Application, other than the right to use the Application in accordance with the terms of this Agreement.
3. The Application is currently available to mobile devices running the [Apple iOS or Android OS]. To access the Application, you must have a mobile device with paid access to a mobile phone provider and relevant Wi-Fi and or internet access. The Application is free to download however your provider’s rates and fees will apply for accessing and downloading information within the Application that you must pay for at your own expense.

4. Limitations of Use

1. use the Application in accordance with these Terms of Use;
2. not copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the Application in any way whatsoever;
3. not use the Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or hacking into or inserting malicious code, destruction of data, including viruses, or harmful data, into the Application;
4. not use the Application in any way that could damage, disable, overburden, impair or compromise the Application; and
5. comply with any applicable law and regulation relating to downloading or technology used or supported by the Application.

5. Push and Email Notifications

1. As part of installation of the Application on your mobile device, the Application will ask if you would like it to send you “Push Notifications”, which may include alerts, badges, banners and sounds, on your mobile device. If you choose to allow Push Notifications, then the Application will generate Push Notifications on your mobile device and you acknowledge and consent to receipt of these Push Notifications.
2. You may choose to stop receiving Push Notifications at any time by altering the Push Notifications option within the Application’s settings menu or by deleting the Application from your mobile device.
3. You agree for Rubex to send you communications via email (“Email Notifications”). You acknowledge and agree that receipt of Email Notifications is dependent on the operation of your mobile device provider and the service of the mobile device provider. Rubex will not be responsible or liable for any costs or damages incurred by you not receiving Email Notifications or by the insufficient operation of your mobile device, mobile network and mobile phone company.
4. You may opt out of receiving Email Notifications at any time by clicking the ‘Unsubscribe’ link that appears at the bottom of Email Notifications.

6. Termination and Suspension

1. Rubex may cancel or suspend your use of the Application at any time, with or without notice for any reason or if you have breached the Terms of Use.
2. Rubex reserves the right to cease operating the Application at any time, without notice, and to terminate this Agreement.
3. On termination for any reason, you must immediately delete or remove the Application from any and all mobile devices, and immediately destroy all copies of the Application in your possession or control and certify, if Rubex so request, confirmation that you have destroyed the copies of the Application.
4. At any time, you may terminate this Agreement by deleting the Application from all mobile devices on which you have installed the Application.

7. Intellectual Property

The Rubex is the owner of the Application. All intellectual property in the information and material published on the Application is owned by Rubex. You obtain no interest, right or title in the intellectual property. All content in the Application, including but not limited to all software, design, brand names, text, photographs, information, sound recordings, images and other material is protected by copyright, trademark and intellectual property laws in Australia. You agree not to reproduce, disseminate, sell, publish, broadcast or circulate any content to any third party without the express prior written consent of Rubex. Rubex expressly reserves all copyright in its Application and in all Application information and content. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the Application or any of its components.

8. Privacy

1. You acknowledge that information about you, including information provided to Rubex on signing up to the Application will be held by the Rubex. This information is collected by Rubex for the purpose of operating the Application and providing you with information and material. Rubex may use your personal information in accordance with our Privacy Policy located at [Insert web address]. Rubex may be required to disclose personal information by applicable law, under compulsion of law by a court or government agency.
2. Rubex does not sell or deal in personal or customer information. Rubex may however use your information in a general sense without any reference to your name to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. Rubex may use the information that you provide to improve its website and its services. 
3. For information on how to gain access to your personal information, how Rubex use your personal information, provision of contact details or other privacy matters, please see Rubex’s Privacy Policy.

9. Disclosure of Information

1. by law or by any court;
2. to enforce the terms of any of any Rubex customer agreements;
3. to protect the rights, property or safety of Rubex, its customers or third parties; or
4. to banks or financial institutions with the purpose of preventing fraud and as proof of any transaction.

10. Your submissions to the Application

Any material uploaded to the Application or sent to Rubex via the Application will be considered by Rubex to be non-confidential, royalty free and non-proprietary unless you indicate otherwise. Subject to Rubex’s Privacy Policy, Rubex is able to use such material for any purpose without compensation or notice. Any material uploaded to the Application must not be malicious, offensive or considered to be spam or solely promotional in nature. Rubex reserves the right to remove any uploaded material without notice.

11. Exclusions of Warranties

1. All content and services on or available through the Application are provided on an ‘as is’ and ‘as available’ basis and without warranties of any kind, expressed or implied except any which may be implied by statute and are incapable of exclusion, in respect of the Application or its content. To the maximum extent permitted by law, Rubex excludes, and does not make any representation, warranty or endorsement of any kind, whether express or implied, in relation to the content, accuracy, completeness, accessibility, suitability, safety, security, reliability, or any other aspect of:
1. any material and/or information in the Application;
2. the performance and availability of the Application;
3. the loss, damage, corruption or degradation of any data or other material as a result of the use of the Application.

12. Exclusions of Liability

1. the use of, reliance on, or action taken as a result of, any information or material in the Application for any decision or otherwise;
2. any way connected to the use or reliance on this Application and its content whether from errors or from omissions in documents or information, good and services offered or from any other use of the Application;
3. accessing, displaying and using the Application and/or participating in any on-line activities contained therein;
4. any interruption, suspension or termination of the Application in whole or in part for whatever reason including failure of or suspension of public or private telecommunications network;
5. the unavailability, unsuitability and non-connectivity of third-party sites;
6. any loss, damage, corruption or degradation of any data or other material as a result of the use of the Application and or viruses or other technologically harmful material that may infect your mobile device due to your use of the Application.
7. Rubex is also not responsible for, and you fully indemnify Rubex for, any liability for indirect, economic, special or consequential loss or damage, including loss or damage for:
   1. introduction of harmful code and/or viruses;
   2. incorrect results achieved through use of the Application;
   3. loss of data including but not limited to Client Data;
   4. breach of privacy;
   5. breach of security;
   6. breach of third-party intellectual property rights;
   7. loss of profits, revenue, time and/or goodwill; and
   8. loss of anticipated savings, opportunity and/or production.
8. Rubex will have no responsibility or liability whatsoever as a consequence of any customer data lost, destroyed or damaged by Rubex.

13. Competition and Consumer Law

1. Where there is a supply of goods, to the replacement or resupply of equivalent goods, or payment of the cost of replacing the goods or acquiring equivalent goods.
2. Where there is a supply of services, to resupplying the services or payment of the cost of having the services resupplied.

14. Your Risk

You access the Application at your own risk and Rubex accepts no responsibility for any interference, loss, damage or disruption to your own mobile device or otherwise which arises in connection with your use of the Application. You must take your own precautions to ensure that the process which you employ to obtain access to the Application does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your mobile device or otherwise cause you or any person loss, damage or corruption.

15. Release from Claims

1. any loss or damage or liability for any loss or damage incurred by you; and
2. any loss, liability, claim, demand, damage or expense (including legal fees) made by any third party against those indemnified, howsoever caused (including through negligence) directly or indirectly arising out of or in connection with:
   1. your use of the Application or any linked website, including by making or carrying out any commitments;
   2. your use of or reliance on information contained in or accessed through the Application; or
   3. breach by you of the Terms of Use.

16. Software Viruses

Without limiting the above, the Rubex does not warrant that the Application, information and or material available for download is free from viruses or other conditions that could damage or interfere with data, hardware or software. Accordingly, the Rubex excludes to the maximum extent possible, any liability for any loss or damage suffered as a result of any such viruses or defects.

17. Downloadable Material

1. Downloadable material within the Application is provided on the basis that you will conduct any necessary virus scanning and other checks so as to protect your data, mobile device and software systems and those of any other person.
2. You agree that Rubex will not be liable to you for any loss, injury or damage however caused (including by negligence) that arises in any way from the use of the downloaded material.
3. If you provide the downloaded material to another party, you should bring to the other party’s attention to these Terms of Use.

18. Health and Medical

Rubex make no guarantees that by using the Application you will achieve your desired dosing levels if either properly or improperly utilised. Information provided by the Application is made available for the benefit of the public and is not intended to provide or substitute advice from a veterinary or other relevant professional. Rubex strongly recommends that you to seek advice from a qualified veterinary professional before you make changes to your measurements, plans and calculations. Nothing contained within the Application is intended to replace the services of a licensed, trained professional.

19. Express Disclaimers

To the fullest extent permitted by law, including the Competition and Consumer Act 2010 (Cth), Rubex does not make any warranty as to the accuracy, suitability, reliability or completeness of the information or content on this Application. Rubex gives no warranty that the Application is virus free, continuously available or fault free. Nothing within this Application is or can be construed to be professional or advice from a veterinary or other relevant professional. Rubex does not accept liability for any error or omission, injury, expense, loss or damage incurred by you or another party as a result of you using or relying upon any information provided by the Application.

20. Exclusion of Competitors

Rubex expressly excludes and does not permit competitors to use Application content or obtain any such content through a third party. Rubex holds any competitor who breaches these Terms of Use fully responsible for any loss that Rubex might sustain and further holds the competitor accountable for all profits made from the breach of these Terms of Use. Rubex reserves the right to exclude and not permit any person from using its Application or Application information and content.

21.Your Contribution to Loss

You agree that any legal liability on the part of Rubex will be reduced by the extent, if any, to which you contributed to the loss.

22. Non-excludable liability (if any)

These Terms of Use do not attempt or purport to exclude liability arising under statute if, and to the extent, that such liability cannot be lawfully excluded.

23. Third Party Websites and Applications

The Application may contains links to websites and mobile applications owned and operated by third parties, who are not under the control of the Rubex. Rubex does not approve, endorse, recommend or sponsor these linked sites, their owners or operators, or any information, graphics, materials, comments, advertisements products or services referred to or contained on those linked websites and mobile applications, unless specifically stated. Rubex is not responsible for the content of these linked websites and mobile applications and makes no representation as to the accuracy of any material on these websites or mobile applications. Rubex, to the maximum extent possible, excludes liability for any loss suffered as a result of use of these third-party websites and mobile applications, or reliance on the information contained within. The terms and conditions, terms of use and privacy policies of those third party websites and mobile applications will apply to your use of those websites and mobile applications.

24. Payment

If the payment method for your Rubex account is by credit or debit card and payment is not received by Rubex from the card issuer or its agents, you agree to pay all amounts due upon demand by Rubex. Each time you use Rubex, or allow or cause Rubex to be used, you agree and reaffirm that Rubex is authorised to charge your designated card.

25. Cancellation and Account Enquiries

Any requests for cancellation or account enquiries should be sent to [Insert email address].

26. Jurisdiction

These Terms of Use shall be governed by and construed according to the laws in force in the state of Queensland, Australia, and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland. This applies regardless of your location when accessing the Application or Application content.

27. Entire Agreement

These Terms of Use, together with other documents referred to in it, constitutes the entire agreement between you and Rubex relating to the Application. No other term is to be included in these terms and conditions except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

28. Severability

The invalidity or unenforceability of any provision of this agreement shall not affect the rest of the provisions in this agreement, which will continue in full force and effect.

29. Invalid or Unenforceable Provisions

If a provision of these Terms of Use is found by a court of law to be invalid or unenforceable:

1. it is to be read down or severed to the extent of the invalidity or unenforceability; and
2. that fact does not affect the validity or enforceability of the remaining provisions.

30. No Waiver

No provision of these Terms of Use will be taken to be waived except by written notice signed by you and Rubex.

31. Contact Details

Should you have any questions regarding the Terms of Use please contact the Application administrator by emailing:[Insert email address].