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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 )
1.1 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.
1.3 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.
2.1 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.
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.
5.1 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.
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".
8.2 We reserve the right to suspend or terminate your access to the Services for any reason, including if:
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.
11.1 You agree not to do any of the following while using the Services:
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.
13.1 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.
13.4 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.
15.2 Any legal notices may be sent to the following address:
VirbacRSA (Pty) Ltd, Reg No. 1990/003742/07
Private Bag X115
As used in this policy, the terms “using” and “processing” information include capturing information on a mobile device, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within South Africa or internationally. As used in this policy, terms such as “we” and “our” refer to the Virbac BackHomeApplication.
Our primary goals in collecting information are to provide and improve our Services and to enable users to enjoy and easily navigate the Services.
We, our service providers, advertisers and partners may collect various types of non-personally identifiable information when you use the Virbac BackHome Application. A representative list of the types of non-personally identifiable information we may collect include: the type of handheld or mobile device used to view the application (e.g., Apple devices, Android devices), location information, or the content you have accessed.
When using our Services, we may ask that you provide us with some personally identifiable information – information about you that can be used to contact and/or identify you, and information on your use or potential use of the Services and related services (“Personal Information”). Personal Information that we might collect includes information like your name and email address. Personal Information may also include other information you supply to us concerning your preferences and interests expressed in the course of using the Services. We use Personal Information to: (i) administer the Services, (ii) enable you to easily navigate the Services, (iii) provide, improve and optimize the Services, (iv) better understand users’ needs and interests, (iv) personalize your experience, (v) provide you with software updates and / or product announcements, and (vi) provide you with further information and offers from our product range that we believe you may find useful or interesting.
When you use our Services, our servers will automatically record information that your device sends or transmits, including, but not limited to, user settings, location and information about your use of the Services.
If you choose to submit content for publication (e.g., posting to a discussion board, a video, a comment on a specific article), we may publish your screen name and other information you have provided to us. We may on occasion combine information we collect through the Virbac BackHomeApplication with information that we collect from other sources. Without limiting the generality of the foregoing, if you register and create a profile with our application, your profile will be displayed publicly on the application and may be reused by us in our discretion, within the limits of this policy. We use the non-personally identifiable information that we collect to improve the design and content of our application, to deliver more relevant marketing messages and advertisements and to enable us to personalize your experience. We also may use this information to analyse usage of our application, as well as to offer you products, programs, or services.
We do not share Personal Information with third parties except as follows:
We may employ third parties to facilitate the Services, to provide the Services on our behalf, to perform related services or to assist us in analysing how our Services are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are not authorized to disclose or use it for any other purpose.
We may share aggregated information that does not include Personal Information and we may otherwise disclose aggregated application usage information with third parties (including suppliers, advertisers, research companies and other organizations) for industry analysis, demographic profiling and other purposes. Any information shared in these contexts will not contain your Personal Information.
We will cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about our users to the government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect our property and rights or those of a third party, to protect the safety of the public or any person, or to prevent or stop any activity which we may consider to be, or that poses a risk of being, illegal, unethical or legally actionable. By accessing and using the Virbac BackHomeapplication, you agree that the laws of the Republic of South Africa will govern this policy, and you consent to the jurisdiction of the South African courts in respect of any dispute which may arise from this user agreement.
We may sell, transfer or otherwise share some or all ofVirbac BackHome Application assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Virbac BackHome App operates globally so it may be necessary to transfer your information internationally. In particular, your information will likely be transferred to and processed in South Africa where many of our central databases operate. The data protection and other laws of other countries, may not be as comprehensive as those in your country. Please be assured that we take reasonable steps to ensure that your privacy is protected. By using this application you consent to your information being collected, used and transferred as set forth in this privacy statement.
You can delete your Personal Information by contacting us or by making the appropriate modifications in your user account preferences through the Services. If you would like us to delete your record in our system, please contact us and we will attempt to accommodate your request if we do not have any legal obligation to retain the record.
We employ administrative, physical and electronic measures designed to protect your information from unauthorized access. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting through the Services in the most expedient time possible and without unreasonable delay, in so far as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
If a parent or guardian becomes aware that their child has provided us with Personal Information without their consent, contact us and we will delete such information from our files.
VirbacRSA (Pty) Ltd
Private Bag X115
From time to time, we may update this privacy statement. We will notify you about material changes in the way we treat personally identifiable information by sending an email message to the email address you most recently provided to us or by prominently posting a notice on the application. We encourage you to periodically check back and review this statement so that you always will know what information we collect, how we use it, and with whom we share it.
Effective Date: 1 October 2017