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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 Jun 2023 )
1.2 You acknowledge that the Services provided to you by VirbacBackHome 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 accessing and or using the BackHome South African National Database for Animal Electronic Identification 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 Database. The purpose of registering a Virbac BackHome Account, is to register the microchip implanted in your pet, with the sole purpose of providing contact details for returning a microchipped pet, when lost and then found, to the owner as registered on the Virbac BackHome Account database only.
2.2 VirbacBackHome may limit your access to all the services, if you have not registered to use the Services. In order to use certain current or future portions or functionalities of the Services, you will be required to register by creating a user name and password (creating a " Virbac BackHome Account"). Except where it would be illegal to do so, VirbacBackHome will 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 Account details ("Access Details") secret and will remain responsible for any use of your Account and/or Access Details by anyone else. You should use a robust password to protect your Account through a combination of upper and lower case letters, numbers and other characters.
2.3 You agree to notify VirbacBackHome immediately of any unauthorised use of your Access Details or any other breach of security with respect to your Application Account. VirbacBackHome will not be liable for any loss or damage arising from unauthorised use of your Access Details and/or Account.
2.4 You will not provide any false personal or any other information on the VirbacBackHome Database, or create an account for anyone other than yourself without permission. Any claims as a result of the provision of false and/or misleading information by you, will be for your own account.
2.5 You are only permitted to register for one VirbacBackHome 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 VirbacBackHome 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 jeopardise the security of your VirbacBackHome account.
2.9. All transfer ownership request for the data will only be accepted when approved by both parties through:
- Using the Transfer Ownership function on the VirbacBackHome website : www.backhome.co.za
- Using the Transfer Ownership function on the VirbacBackHome Africa App available on both Google Play and Apple App Store
- Completing and signing the Change of Ownership documentation provided by firstname.lastname@example.org
VirbacBackHome do not verify the ownership of the pet prior to registration and do not take any responsibility for any claim as a result. Virbac BackHome will not be party to any dispute between pet owners claiming to be the rightful owner.
2.9 The VirbacBackHome Database is only for residents in South Africa, Botswana and Namibia, so we cannot accommodate contact details for other countries.
However, the BackHome microchips are ISO 11784 and ISO 11785 compliant and can be read by scanners worldwide. VirbacBackHome would highly recommend that you register your pet on the local pet microchip database, and update your details with the local vet in the country you reside in as we are not linked to the International Database.
(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 BackHome Africa Application 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.
4.1 The VirbacBackHome Database and Application is 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 VirbacBackHome in connection with your creation of a Virbac BackHome Account and during your use of the Services. VirbacBackHome cannot be held responsible for the registration of the pet owner details as the VirbacBackHome Database’s, sole purpose is the returning of a microchipped pet, if lost and then found, to the owner registered on the VirbacBackHome Account database.
6.2 If you receive an unsolicited e-mail that appears to be from VirbacBackHome 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 VirbacBackHome information by clicking on a link, it is most likely that the e-mail was sent by a "phisher" or "spoofer".
6.3 VirbacBackHome will never ask for this type of information in an e-mail, and VirbacBackHome 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 risk. VirbacBackHome cannot be responsible for any consequences resulting from your response to any email sent by a "phisher" or a "spoofer".
8.2 VirbacBackHome reserve the right to suspend or terminate your access to the Services for any reason, including if:
2. any information provided to VirbacBackHome in connection with your VirbacBackHome 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, VirbacBackHome users, VirbacBackHome or any other third parties or the Services;
4. if VirbacBackHome suspect or have obtained proof of the improper and/or unauthorised use of your VirbacBackHome Account;
5. if your VirbacBackHome 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 VirbacBackHome Account are returned as undeliverable.
9.1 All copyright, trademarks and other intellectual property rights used in connection with the Services are owned by VirbackBackHome and you agree that you acquire no rights thereto. VirbacBackHome 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 VirbacBackHome Database 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 VirbacBackHome Database and/or any third party intellectual property rights.
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 VirbacBackHome Database , Virbac RSA (Pty) Ltd, Reg. No. 1990/003743/07. any Virbac RSA (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 VirbacBackHome express written consent;
2. access, tamper with or use non-public areas of the VirbacBackHome Database, Virbac RSA (Pty) Ltd computer systems or the technical delivery systems of VirbacBackHome providers;
3. attempt to probe, scan or test the vulnerability of any VirbacBackHome Database systems or network or breach any security or authentication measures;
4. avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by VirbacBackHome or any of VirbacBackHome 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 VirbacBackHome trademark, logo URL or product name without Virbac RSA (Pty) Ltd express written consent;
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 the VirbacBackHome Database 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.
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, VirbacBackHome 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 Virbac RSA (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:
Virbac RSA (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 website or 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 VirbacBackHome organization or among VirbacBackHome affiliates within South Africa or internationally.
VirbacBackHome primary goals in collecting information are to provide and improve VirbackBackHome Services and to enable users to enjoy and easily navigate the Services.
VirbacBackHome, our service providers, advertisers and partners may collect various types of non-personally identifiable information when you use the Virbac BackHome Africa Application or Website. A representative list of the types of non-personally identifiable information VirbacBackHome 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 and website.
When using VirbacBackHome Services, VirbacBackHome may ask that you provide VirbacBackHome 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 VirbackBackHome might collect includes information like your name and email address. Personal Information may also include other information you supply to VirbackBackHome concerning your preferences and interests expressed in the course of using the Services. VirbacBackHome 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,
(v) personalize your experience,
(vi) provide you with software updates and / or product announcements, and
(vii) provide you with further information and offers from VirbacBackHome product range that VirbacBackHome believe you may find useful or interesting.
If you choose to submit content for publication (e.g., posting to a discussion board, a video, a comment on a specific article), VirbacBackHome may publish your screen name and other information you have provided to VirbacBackHome. VirbacBackHome may on occasion combine information VirbackBackHome collect through the Virbac BackHome Africa Application with information that VirbacBackHome collect from other sources. Without limiting the generality of the foregoing, if you register and create a profile with VirbacBackHome application, your profile will be displayed publicly on the application and may be reused by VirbacBackHome in VirbackBackHome discretion, within the limits of this policy. VirbacBackHome use the non-personally identifiable information that VirbackBackHome collect to improve the design and content of VirbacBackHome application, to deliver more relevant marketing messages and advertisements and to enable VirbacBackHome to personalize your experience. VirbacBackHome also may use this information to analyse us
VirbacBackHome do not share Personal Information with third parties except as follows:
VirbacBackHome may employ third parties to facilitate the Services, to provide the Services on VirbacBackHome behalf, to perform related services or to assist VirbacBackHome in analysing how VirbacBackHome Services are used. These third parties have access to your Personal Information only to perform these tasks on VirbacBackHome behalf and are not authorized to disclose or use it for any other purpose.
VirbackBackHome may share aggregated information that does not include Personal Information and VirbacBackHome 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.
Compliance with Laws and Law Enforcement
VirbacBackHome will cooperate with government and law enforcement officials and private parties to enforce and comply with the law. VirbacBackHome will disclose any information about VirbacBackHome users to the government or law enforcement officials or private parties as VirbackBackHome, in VirbacBackHome sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect VirbacBackHome 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 VirbacBackHome may consider to be, or that poses a risk of being, illegal, unethical or legally actionable. By accessing and using the Virbac BackHome Africa application or website, 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.
VirbackBackHome may sell, transfer or otherwise share some or all of Virbac BackHome Africa Application and website assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
VirbacBackHome 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 VirbacBackHome 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 VirbacBackHome 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.
The VirbacBackHome Database is only for residents in South Africa, Botswana and Namibia, so VirbacBackHome cannot accommodate contact details for other countries.
However, VirbacBackHome BackHome microchips are ISO 11784 and ISO 11785 compliant and can be read by scanners worldwide. VirbacBackHome would highly recommend that you register your pet on the local pet microchip database, and update your details with the local vet in the country you reside in as VirbacBackHome are not linked to the International Database.
Changing or Deleting Your Information
You can delete your Personal Information by contacting VirbacBackHome or by making the appropriate modifications in your user account preferences through the Services. If you would like VirbackBackHome to delete your record in VirbacBackHome system, please contact VirbacBackHome and VirbacBackHome will attempt to accommodate your request if VirbackBackHome do not have any legal obligation to retain the record.
VirbacBackHome employ administrative, physical and electronic measures designed to protect your information from unauthorized access. VirbacBackHome 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 VirbacBackHome with Personal Information without their consent, contact us and VirbacBackHome will delete such information from VirbacBackHome files.
Virbac RSA (Pty) Ltd
Private Bag X115
From time to time, VirbacBackHome may update this privacy statement. VirbacBackHome will notify you about material changes in the way VirbackBackHome treat personally identifiable information by sending an email message to the email address you most recently provided to VirbacBackHome or by prominently posting a notice on the application. VirbacBackHome encourage you to periodically check back and review this statement so that you always will know what information VirbacBackHome collect, how VirbacBackHome use it, and with whom VirbacBackHome share it.
Effective Date: 1 October 2017
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