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