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Terms and Conditions – Virbac AfricaApp

This agreement was written in English. To the extent any translated version of this agreement conflicts with the English version, the English version controls.

Date of Last Revision: ( 01 Aug 2016 )

1. INTRODUCTION TO THE SERVICES

By installing the Application (as defined below), you agree to be bound by these terms and conditions (“Terms of Use”). Please review them carefully before installation and/or acceptance. These Terms of Use will apply when users ("users", "you", "your" or "yourself") access, use and/or register for the Virbac BackHomeApplication service provided by Virbac RSA(Pty) Ltd (registration number: 1990/003742/07)("Virbac BackHome App" "we" "us" or "our").

1.1 The “Application” shall mean the software provided by us to offer services related to our services, to be used on Apple iOS and Android OS devices as well as any other smart phone or tablet and any upgrades from time to time and any other software or documentation which enables the use of the Application.

1.2 By downloading and using the application, you are indicating that you have read, understood and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, then you must not access or use the application.

1.3 You acknowledge that the Services provided to you by us do not include any part of any other third party service through which or with which you interact in the course of accessing the Services.

2. REGISTRATION AND ACCESS

2.1 By downloading and accessing and or using the Virbac BackHomeApplication you represent and warrant that you are 18 years of age or older or, if younger than 18 years of age, that you have a parent or guardian’s consent to access or use the Application.

2.2 We may limit your access to all the services, if you have not registered to use the Services as an "Application User". In order to use certain current or future portions or functionalities of the Services, you will be required to register as an Application User by creating a user name and password (creating a " Virbac BackHome Account"). Except where it would be illegal to do so, we reserve the right to reject any user name selected by you and/or revoke your right to any previously selected user name and give such user name to any other person. You are responsible for keeping your Application Account details ("Access Details") secret and will remain responsible for any use of your Application Account and/or Access Details by anyone else. You should use a robust password to protect your Application Account through a combination of upper and lower case letters, numbers and other characters.

2.3 You agree to notify us immediately of any unauthorised use of your Access Details or any other breach of security with respect to your Application Account. We will not be liable for any loss or damage arising from unauthorised use of your Access Details and/or Application Account.

2.4 You will not provide any false personal information on the Virbac BackHomeapp, or create an account for anyone other than yourself without permission.

2.5 You are only permitted to register for one Application Account. If you use more than one account we reserve the right to suspend or terminate your access to the Services.

2.6 If we disable your account, you will not create another one without our permission.

2.7 You will keep your contact information accurate and up-to-date.

2.8 You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your Virbac BackHomeApp account.

3. VIRBAC (PTY) LTD APPLICATION LICENCE

3.1 Subject to your compliance with the Terms of Use, we grant you a limited, non-exclusive, non-transferable license, without the right to sublicense, to download and install a copy of the Virbac BackHomeApplication onto any authorised device you own and control, and run such copy of the Virbac BackHomeApplication solely for your personal, non-commercial use. Furthermore, you may only use the Virbac BackHomeApplication in accordance with the usage rules for your device and/or any rules applicable to the operating platform that the Services are made available on, including, Apple iTunes Store and/or Google Play Store.

3.2 Except as expressly specified in these Terms of Use, you may not (a) copy or modify the Application, including, but not limited to, adding new features or otherwise making adaptations that alter the functioning of the Application; (b) transfer, sell, rent, lease, distribute, sublicense or otherwise assign any rights to, or any portion of, the Virbac BackHomeApplication to any third party; or (c) make the functionality of the Application available to multiple users through any means, including but not limited to distribution of the Application or by uploading the e Application to a network or file-sharing service or through any hosting, application services provider or any other type of service. The Application contains trade secrets, and in order to protect those secrets you agree not to disassemble, decompile or reverse engineer the Application, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law. You must comply with any technical restrictions in the Application that allow you to use the Application only in certain ways.

3.3 We are not obligated to maintain or support the Application, or to provide you with updates, upgrades or services related thereto. You acknowledge that we may from time to time in our sole discretion, issue updates or upgrades to the Virbac BackHomeApplication, disable access to the Application for any period of time or permanently, and may automatically update or upgrade the version of the Application that you are using on your mobile device. You consent to such automatic updating or upgrading on your mobile device, and agree that the terms and conditions of these Terms of Use will apply to all such updates or upgrades. We shall have no liability to you arising out of any unavailability of the Application.

4. FEES AND CHARGES

4.1 The Virbac BackHomeApplication is free to download and free to use, but please be aware that your carrier's normal rates and fees will still apply.

4.2 You are responsible for any data charges that you may incur with a mobile operator or Internet service provider in relation to your use of the Services and/or access to any Third Party Materials or User Content.

5. USE OF YOUR INFORMATION

5.1 You agree to provide accurate, current, complete and non-misleading information to us in connection with your creation of anApplication Account and during your use of the Services.

5.2 Without limiting any other terms of these Terms of Use, by using the Services you authoriseus to access and store your information in relation to your use of the Services and your preferences. You agree that any information that you provide or is accessible through your use of the Services may be stored by us. Except as may be required by any laws, we will not be legally responsible for the content of any information that you make available as part of the Services, including any information which belongs third parties.

6. PRIVACY

6.1 Any personal information you supply to us when using the Application will be used by us in accordance with the Privacy Policy., which is hereby incorporated into and made part of these Terms of Use. The Privacy Policy provides information and notices Virbac BackHomeApp collection and use of your personal information. If you have any questions about the Virbac BackHomeApp Privacy Policy, you may contact us at marketing@virbac.co.za. A copy of the Privacy Policy is also available in the Application.

6.2 If you receive an unsolicited e-mail that appears to be from Virbac BackHomeApp and that requests you to provide personal information (such as your credit card number or any other Access Details), or that asks you to verify or confirm your Virbac BackHomeApp information by clicking on a link, it is most likely that the e-mail was sent by a "phisher" or "spoofer".

6.3 Virbac BackHomeApp will never ask for this type of information in an e-mail, and we strongly recommend that you do not respond to these e-mails and that you do not click on the link. Responding to "phishing" places you and your personal information at riskVirbac BackHomeApp cannot be responsible for any consequences resulting from your response to any email sent by a "phisher" or a "spoofer".

7. MODIFICATION

7.1 We reserve the right, in its sole discretion, to change these Terms of Use at any time. If we modify these Terms of Use, we will post the modification within the Application and, if the changes are significant, we will provide you with more prominent notice of the modification. By continuing to access or use the Services after we have posted a modification to these Terms of Use or have provided you with notice of a modification, you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, you must stop accessing or using the Services.

8. TERM AND TERMINATION

8.1 These Terms of Use will remain in effect, unless cancelled by you or us in accordance these Terms of Use.

8.2 We reserve the right to suspend or terminate your access to the Services for any reason, including if:

  1. you breach these Terms of Use or any applicable laws;
  2. any information provided to us in connection with your Application Account or use of the Services proves to be unlawful, inaccurate, not current, incomplete or misleading;
  3. you engaged in actions relating to or in the course of using the Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Applications users, us or any other third parties or the Services;
  4. if we suspect or have obtained proof of the improper and/or unauthorised use of your Application Account;
  5. if your Application Account remains inactive for a period of 6 (six) months; and/or
  6. if messages sent to an email address provided by you and associated with your Application Account are returned as undeliverable.

 

9. OWNERSHIP AND THIRD PARTY RIGHTS

9.1 All copyright, trademarks and other intellectual property rights used in connection with the Services are owned by us and you agree that you acquire no rights thereto. We claim no ownership interest in any Third Party Materials and expressly disclaims any liability concerning those materials.

9.2 You agree not to delete or in any manner alter the copyright, trademark and other proprietary rights notices or markings which appear on the Virbac BackHomeApplication from time to time.

9.3 You may not use the Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes Virbac BackHomeApp and/or any third party intellectual property rights.

9.4 These Terms of Use do not authorise you to, and you may not, reproduce, distribute, publicly display, publicly perform, communicate to the public, make available, create derivative works of or otherwise use or exploit any Third Party Materials in violation of the applicable laws, and the owners of such Third Party Materials may have the right to seek damages against you for any such violation.

10. INTERACTIONS BETWEEN USERS

10.1 You are solely responsible for your interactions (including any disputes) with other users. You understand that wedo not in any way screen our users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in using the Services and disclosing personal information to other Application users. You agree to take reasonable precautions in all interactions with other Application users, particularly if you decide to communicate with another Application user offline or meet them in person. Your use of the Services, and any Application made available through the Services is at your sole risk and discretion, and we hereby disclaim any and all liability to you or any third party relating thereto. We reserve the right to contact our users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Use. You will cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity via the Services.

11. GENERAL PROHIBITIONS

11.1 You agree not to do any of the following while using the Services:

  1. use, display, mirror, frame or utilize framing techniques to enclose the Services or any individual element or materials within the Application, Virbac RSA (Pty) Ltd, Reg. No. 1990/003743/07. any VirbacRSA (Pty) Ltd trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without our express written consent;
  2. access, tamper with or use non-public areas of the Application, Virbac RSA (Pty) Ltdcomputer systems or the technical delivery systems of our providers;
  3. attempt to probe, scan or test the vulnerability of any Application system or network or breach any security or authentication measures;
  4. avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services;
  5. use any meta tags or other hidden text or metadata utilizing a our trademark, logo URL or product name without Virbac RSA (Pty) Ltdexpress written consent;
  6. use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;
  7. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
  8. solicit login information or access an account belonging to someone else;
  9. use Application to do anything misleading, malicious or discriminatory;
  10. impersonate or misrepresent your affiliation with any person or entity;
  11. violate any applicable law or regulation; or
  12. encourage or enable any other individual to do any of the foregoing.

 

11.2 We will have the right to investigate and take all appropriate legal action to prevent, stop or deter violations of any of the above, including infringement of intellectual property rights and Services security-related issues. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use or the rights of any third party.

11.3 You acknowledge that we have no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental bodyYou acknowledge that we have no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

12. NO WARRANTY

12.1 Except to the extent that it is unlawful to do so, the Services are provided "as is", without warranty of any kind, either express or implied.

12.2 Without limitation, We do not warrant that the Services are fit for any general or specific purpose; do not infringe the rights of any person, will meet your requirements or will be available on an uninterrupted, secure, or error-free basis.

12.3 No communication, advice or information, whether oral or written, obtained from VirbacRSA (Pty) Ltd will create any warranty not expressly made herein.

13. INDEMNITIES AND LIMITATION OF LIABILITY

13.1 You agree to defend, indemnify, and hold Virbac RSA (Pty) Ltd, its officers, directors, employees and agents, harmless from and against any claims, liability, damage, loss or expense arising out of or in connection with the Services.

13.2 You acknowledge and agree that, except to the extent that it is unlawful to do so, you accept the entire risk arising out of your access to and use of the Services and neither Virbac RSA (Pty) Ltd nor any other party involved in creating, producing, or delivering the Services to you will be liable for any incidental, special, exemplary or consequential damages, including, without limitation, lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, arising out of or in connection with the Services, irrespective of the basis for such liability.

13.3 The limitations of liability contained in these Terms of Use are essential elements of the agreement between us and you.

13.4 Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

14. DISPUTE RESOLUTION

14.1 These Terms of Use will be governed by and construed in accordance with the law of the Republic of South Africa. The parties agree to use reasonable efforts to informally resolve any disputes in respect of the Services within a reasonable period of time. In the event that the parties are not able to resolve a dispute by informal means, all disputes, actions and other matters relating to these Terms of Use shall be referred to applicable the courts of the Republic of South Africa.

14.2 In the event that you commit a breach of these Terms of Use, you agree to pay all expenses incurred by us in recovering any amounts owed by you to us, including legal fees (as between attorney and client), collection fees and tracing fees.

15. FEEDBACK

15.1 We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services ("Feedback"). You may submit Feedback by emailing us at marketing@virbac.co.za. The Services hereunder are offered by Virbac RSA (Pty) Ltd, Reg. No. 1990/003743/07. You may contact us by sending correspondence to the foregoing address or by emailing us at marketing@virbac.co.za. If you are residing in South Africa, you may have these Terms of Use mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms of Use.

15.2 Any legal notices may be sent to the following address:

VirbacRSA (Pty) Ltd,  Reg No. 1990/003742/07
Private Bag X115
Halfway House
1685
South Africa.

Email:marketing@virbac.co.za