E-learning Terms & Conditions
Royal Canin India Private Limited, having its CIN: U52209MH2006PTC165107 and its registered office at: 1401 & 1402, F Wing, 14th Floor, Lotus Corporate Park, CTS No. 185/A, Graham Firth Compound, Western Express Highway, Goregaon (East), Mumbai 400063 (“Royal Canin”) provides a digital multi-service platform accessible from the internet called “Royal Canin Academy” (“Platform”). The Platform is accessible at academy.royalcanin.com.
The Platform is designed to provide online Training (as defined below), to support Professionals (as defined below) in their daily practice focusing on nutritional recommendations and scientific content. Some Trainings can include Royal Canin products related content.
BY CREATING AN ACCOUNT AND USING THE PLATFORM, YOU EXPRESSLY AGREE TO THE FOLLOWING TERMS AND CONDITIONS:
DEFINITIONS:
Account means the individual account allowing the User to access the Platform after acceptance of these General Terms.
Breeder means a person who selectively breeds carefully selected mates (dogs or cats), to sexually reproduce offspring with specific, consistently replicable qualities and characteristics.
General Terms means these general terms of uses applicable to the entire Platform. These General Terms are intended to govern all Trainings provided under the Platform.
Force Majeure Event means any acts, events or circumstances which are unforeseeable, outside the control of the affected Party and render the said Party unable to comply totally with its obligations under these General Terms.
Party means either Royal Canin or a Professional. The term “Parties” shall be construed accordingly.
Pet Owner means a cat and/or dog owner that are clients of the Professional.
Professional means either a Breeder, a Vet, a Vet Student, a Retailer, a Shelter Worker or all of them (as applicable).
Registrant means a User that has registered on the Platform for availing Training.
Retailer means an authorized distributor of Royal Canin products.
Shelter Worker refers to any person, major in age, that works in an animal shelter.
Training means all trainings, courses, provided by Royal Canin online and which a User/Professional can access after registration on the Platform.
Training Material means documentation, whether printed or available online, provided by Royal Canin in relation to the Training.
User means a Professional that is entitled to use the Platform through a direct agreement with Royal Canin. Where applicable, User may also designate Vet Students.
Vet means a natural person exercising as veterinarian or Vet Practice, duly registered and licensed by the competent professional regulatory body, practicing animal medicine and surgery, as defined by applicable laws, rules and regulations in India.
Vet Student means a Vet Student, major in age, studying in a Veterinary College in India who is allowed to use the platform under the supervision of his/her Veterinary College Professor.
Article 1 – Acceptance of these General Terms
The User may use the Platform and the Trainings under the said Platform on his/her sole responsibility.
Registration and navigation on the Platform are subject to the full acceptance of these General Terms by the User. The User acknowledges that he or she is major in age, capable/competent of contracting within the meaning of the Indian Contract Act, 1872. Persons who are minors, un-discharged insolvents etc. are not eligible to register on the Platform.
These General Terms form a contract between Royal Canin and the User. If the User refuses to be contractually bound by these General Terms, the User may not use the Platform and Trainings.
These General Terms including any amendment thereof are available at any time on the Platform.
Article 2 – Registration on the Platform
2.1 Conditions for User’s registration
Users entitled to register on the Platform must be Professionals who undertake to use the Platform for strictly professional purposes.
Professionals may only be granted access to the Platform directly by Royal Canin and can only access the Platform through an active Account.
In order for the Professional to have an Account, Royal Canin will send an invitation by email to the Professional (as provided by him/her voluntarily to Royal Canin), requesting him/her to fill in a digital form with his/her information (full name, unique email, profession/role, country of residence, time zone and preferred language) The Professional must give true, correct and complete information about his/her identity. After verification of the information by Royal Canin, Royal Canin creates the Account for the Professional and sends him/her an email with a link to the Platform, his/her login and a temporary password. The Professional will then have a limited period, provided in the email, to activate his/her Account by clicking on the link and creating a new password. If the Professional does not activate his/her Account within this period, Royal Canin will send him/her a reminder to proceed with the activation of the Account within a period that will be indicated in the reminder email. In the absence of action by the Professional within this period, his/her account will be deleted.
Vet Students who are major in age may only be granted access to the Platform directly by Royal Canin or pursuant to the authorization granted by and under the supervision of an Account Admin, i.e. their Veterinary College Professor. Vet Students are solely entitled to use the Platform for their personal use, information and educational purpose only and shall ensure that no Training Material is sold, copied, circulated or transferred to any person or entity who is not a User of the Platform. The Vet Student shall be solely responsible and liable for any use of the Platform. Royal Canin has no responsibility or liability for any advice given by Vet Student pursuant to the use of the Platform.
The User (a) guarantees the truthfulness, accuracy and completeness of the information provided to Royal Canin and will be solely responsible for any error, omission and update; (b) undertakes to promptly update the data and information provided when necessary; and (c) must, when no longer a Professional, (i) notify Royal Canin by e-mail and (ii) immediately stop using the Platform. A User is solely entitled to use the Platform for his/her personal use, information and educational purpose only and shall ensure that no Training Material is sold, copied, circulated or transferred to any person or entity who is not a User of the Platform. The User shall be solely responsible and liable for any use of the Platform. Royal Canin has no responsibility or liability for any advice given by a User pursuant to the use of the Platform.
2.2.1 Access to the Platform through the Account
As soon as the User accepts these General Terms, the User (a) may access the Platform via the Account, using a login and password, provided by Royal Canin, which are personal and should remain in the User’s custody; (b) must take all necessary precautions to ensure the confidentiality, security and correct use of the User’s login and password, in order to prevent them from being disclosed or used by third parties; and (c) is solely responsible for the use by any other person of the User’s login in and password as well as for any operations carried out via the User’s Account. Any connection to the Account and/or transmission of data made using the Account will be presumed to have been made by the holder of said Account and under the User’s sole responsibility. In the event of fraudulent use of the User’s password and/or log in, the User undertakes to inform Royal Canin in writing as soon as possible but no later than two business days.
The holder of the Account is fully responsible for any use of the Account and warrants and represents that the User undertakes to make proper use of the Platform and to comply with these General Terms.
Article 3 – Trainings
3.1 Registration
A User can register to a Training by clicking on the appropriate link upon filling the required information.
3.2 Cancellation of the Training
3.2.1 Cancellation by the User
Registrants may cancel their participation to an online Training at any moment.
3.2.2 Cancellation by Royal Canin
Royal Canin reserves the right to cancel Trainings, change online Platform (visual layout, descriptions, interactive widgets), change instructors, or change, update or delete Training content. In the event that a Training must be cancelled, Registrants will be informed at least seven (7) days prior to its beginning. Registrants will be notified via email. Royal Canin will make every effort to avoid cancellations.
Royal Canin will not be liable for any cancellation, modification or removal of all or part of the Trainings.
3.3. Proper participation to the Trainings
The User shall participate in the Trainings only for a professional purpose, in strict compliance with the applicable laws, rules and regulations in India that govern the practice of its profession (in particular the applicable rules of professional ethics and responsibility in India).
The User undertakes to:
- attend the Trainings under normal and reasonable conditions.
- not to engage in acts or behaviors of any nature (in particular, without limitation, downloading, sending, diffusion, edition, emission, publication) which are contrary to local law or regulation, infringe the local public order, the third party’s rights, its rules of professional ethics or the image or rights of Royal Canin.
- not to: (a) deliberately download, upload, disseminate or forward any information, data including or constituting computer virus or any other code or computer program conceived to interrupt, destruct, distort or limit the features of any software, computer, service or online communication tool; (b) deliberately download, upload, disseminate or forward any false information, illegal, inappropriate or improper content; (c) disrupt, slow down, block or alter the normal data flow exchanged through the Platform; and (d) reproduce, copy, sell, exchange, resell, or use for any commercial purpose any part of the Platform, Trainings.
Royal Canin reserves the right to remove any Registrant from a Training whose behavior is deemed inappropriate by Royal Canin or its trainers.
Article 4 – Content
4.1 Nature
Content proposed to the User on the Platform will depend on its profession (i.e. Vet, Breeder, Retailer, etc.). The content will be of an educational nature and will be of two types:
- Editorial content: content that will not be related to Royal Canin products (e.g. neutral information on pet healthcare or nutrition);
- Promotional content: content related to Royal Canin Products
Some Training content might be available for a limited period of time. Information on such limited-time availability will be provided on the Platform near each such Training content.
4.2 Ranking
The content (Trainings) that might be proposed to the User on the Platform might be ranked according to the following criteria:
- Date of creation of the content or of last modification;
- The interests of the User for certain contents or information.
4.3 Discounts
Royal Canin might decide, but does not undertake, to offer discounts on Royal Canin products to Users who receive Training consisting in some Promotional content. Benefit of such discounts will be subject to conditions, which will be indicated in relevant promotion terms.
Article 5 – Royal Canin warranty and disclaimer
Royal Canin ensures that all Trainings are delivered diligently and in a good, workmanlike, timely and professional manner consistent with industry standards.
The Trainings will be performed as described in the individual class agendas.
Royal Canin shall provide trainers to present the Training course as it, in its sole discretion, deems fit and Royal Canin shall be entitled at any time to substitute any trainer with any other person who, in Royal Canin sole discretion, it deems suitably qualified to present the relevant Training.
Royal Canin does not warrant that the provision of any Training content on the Platform will always be available or be uninterrupted, timely or error free, that defects will be corrected or that such content is secure or free from bugs, viruses, errors and omissions.
The Training and Training Material is provided on “as is” basis. There are no warranties, express or implied, by operation of law or otherwise for the use or results of the course and materials, that the User will successfully complete the course, or that any particular level of knowledge will be attained by the User. The User is therefore solely responsible to determine whether the Training hours completed via the Platform are eligible for any official recognition by their local authorities in terms of continuing education.
Royal Canin disclaims any and all warranties including any implied warranties (such as implied warranties of merchantability and fitness for a particular purpose).
Article 6 – Duration and Termination
These General Terms come into force for an indefinite period (including any amendment thereof) as from their date of acceptance by the User.
Each Party has the right to terminate these General Terms for any reason whatsoever (except in the event of non-compliance with these General Terms) by written notification including e-mail to the other Party with 30 days previous notice.
In the event of non-compliance with these General Terms by the User, Royal Canin may decide to terminate the Account of the User and these General Terms effective immediately
In the event of termination by either Party and for any reason whatsoever, Royal Canin will terminate the User's access to the Platform.
Article 7 – Deactivation and deletion of the Account
7.1 Deactivation of the Account
The User may deactivate his/her Account at any moment by sending a request to Royal Canin by writing to: [email protected]. The deactivation of the Account does not lead to its deletion. The User may ask to Royal Canin to reactivate his/her Account by writing to: [email protected].
Royal Canin may also deactivate and terminate the User Account in the following cases:
- Failure to activate the Account within the limited period provided in the reminder email sent by Royal Canin;
- Inaction: If the User does not log on to its activated account for a period of 12 months, a reminder email will be sent encouraging activity to maintain the account within the next 30 days. Should no further activity occur in these following 30 days, the Account will be turned inactive;
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7.2 Deletion of the Account
The User may decide to delete his/her Account for any reason whatsoever by sending a request to Royal Canin by writing to: [email protected].
Royal Canin will delete the User Account in the following cases:
- Upon request from the User;
- Under the conditions set out in Article 2.1, if the User does not activate his/her Account after receiving the reminder email set by Royal Canin;
- Under the conditions set out in Article 7.1.
After 18 months of deactivation of the Account. ;
- Non-compliance with the General Terms or refusal to accept the General Terms updates.
Article 8 – Financial Conditions
No fees for use of the Platform or for registration to the Trainings are charged by Royal Canin to the User. However, fees for certain existing or future Trainings might be charged by Royal Canin to the User at its sole discretion.
Article 9 – Liability
9.1 Royal Canin’s liability
Royal Canin does not guarantee the accessibility and permanent, proper functioning of the Platform or the Trainings, which the User acknowledges and accepts. For technical reasons, an interruption of the Platform or the Trainings is possible.
Royal Canin incurs no liability in the event of unavailability of the Platform and/or of all or part of the Trainings due to any technical defect, problem or reason, including (but not limited to) traffic congestion on the Internet, failure of Internet service providers, human or electrical error, malicious intervention, software or hardware malfunctions and/or Force Majeure Event.
This Platform is solely an informative and educational Platform. A User shall be solely responsible and liable for any use of the Platform. Royal Canin has no responsibility or liability for any advice given by User pursuant to the use of the Platform.
Royal Canin does not accept responsibility for anyone acting as a result of information in, or views expressed on, its Training. Royal Canin provides information related notably to the nutrition and health condition of the pets through the Trainings. Such information shall not, in any case, replace the independent and professional expertise, judgment and, if applicable, diagnosis. Royal Canin is not liable if the information appears to be inadequate or if the health condition of a pet is not in line with the information provided on the Platform.
Royal Canin shall not be liable for any direct, indirect or special damages (including but not limited to loss of data, financial loss, loss of profit, loss of opportunity) that the User and the Pet Owners may suffer as a result of the Platform and Trainings, for any reason whatsoever, including (but not limited to) access or inability to access the Platform and Trainings, use or inability to use the Platform or any specific Training or the functioning or non-functioning of all or part of the Trainings. Royal Canin would specially not be liable to any damages that may result from inaccurate content and notably errors, slowness or interruption in transmission, loss, disappearance or alteration of data, computer virus, whatever their origin, intrusions by third parties, etc.
Royal Canin shall not be liable whatsoever in relation to User content, which is provided by the User under its sole responsibility, and in full knowledge of the facts.
9.2 User’s liability
The User is solely responsible for (a) complying with the applicable and legally binding rules governing his/her profession; (b) the decision to register on the Platform and participate in the Trainings; (c) if applicable, the diagnosis and treatment of the medical condition and health status of the pets (Vets solely are able to physically examine the pets and treat them); (d) the choice to share certain information or recommendations provided by the Platform as part of the Trainings with the Pet Owners; (e) any direct and/or indirect damage suffered by a Pet Owner or a third party as a result of any information provided by the Platform and the Trainings.
The User (a) shall indemnify, hold harmless and defend Royal Canin and/or its employees, directors, officers, agents, and trainers (as applicable) against any action, proceedings, claim, complaint or demands whatsoever, by any person (including Pet Owners) arising out or resulting from the User's activity or use the Platform and Trainings; and (b) undertakes to bear all costs, attorneys' and experts' fees and all damages that Royal Canin and/or its employees, directors, officers, agents, and trainers (as applicable) may be ordered to pay in this context by a court decision relating to the formation, performance and/or termination of a contract concluded between the User and a Pet Owner, without prejudice to any damages that Royal Canin and/or its employees, directors, officers, agents, and trainers (as applicable) may claim from the User.
User shall comply with all applicable laws including all laws relating to prevention of corruption in India. Any non-compliance thereof by a User, would tantamount to termination of User Account on the Platform.
Article 10 – Intellectual Property
a) Platform
All intellectual property rights in relation to the Platform and its content (texts, images, videos, databases, sounds, photographs, business names, logos, trademarks, etc.) but excluding the User content, are and remain the property of Royal Canin and/or its affiliates or are subject to licenses and/or authorizations granted to Royal Canin by third parties.
The User is only authorized to use the Platform and its content in accordance with these General Terms. The User may not reproduce, make available to the public, perform, publish or modify any part of the Platform and its content without the prior, written agreement of Royal Canin.
b) Training Material
Training Material are the sole property of Royal Canin. All intellectual property rights in all Training Material available, including the design, graphics and text of all printed materials and the audio and video of all webinars and podcasts, are owned by Royal Canin or are subject to licenses and/or authorizations granted to Royal Canin by third parties.
When the User is given access to the Training Material, the User is granted a non-exclusive, non-transferable, revocable license to use the Training Material. No Training Material may be copied, reproduced, uploaded, posted, displayed or linked to in any way, in whole or in part, without Royal Canin’s prior written permission. Any such use is strictly prohibited and will constitute an infringement of Royal Canin’s intellectual property rights.
Article 11 – Personal Data Protection
The protection of your data is our primary concern. For the purposes of facilitating your access to the Platform, Royal Canin might engage in the following:
In order to enable your participation in the Training, Royal Canin will collect your personal information (“PI”), including but not limited to your first name, last name, email address, job title (e.g., veterinarian, nurse, practice manager, etc.,), the name of your veterinary clinic/hospital/college/ pet shop, your mobile no, your medical registration number and postal code.
Such information will be collected for the purposes of a User’s registration on the Platform and/or purpose of imparting Training. Information you provide will be retained for the purpose of facilitating access to the Platform and notification of any future training, webinars, seminars and educational events, provided by Royal Canin, and for the purposes otherwise specified in our Privacy Policy (hyperlink to the same provided below). By accessing the Platform and submitting the requisite forms, you agree to Royal Canin collecting, using and disclosing your PI as set out above and below:
· Royal Canin will process, store, and utilize your PI for the aforementioned purposes. If and when Royal Canin decides to share such information with any third party, your prior written consent in relation to the same will be taken before effecting such a transfer or disclosure of information.
· Royal Canin will hold your PI only for as long as may be necessary/required, as determined solely by Royal Canin and in accordance with applicable laws.
· You have in any case the right to withdraw your consent for the future, a right of access, right to update your PI, right to seek rectification and deletion of your PI, as well as the right to oppose its use or ask for limitation of use of such PI. You can exercise these rights by contacting Royal Canin by email at: [email protected].
Royal Canin has complied with reasonable security practices and procedures and has implemented such security practices and standards and has a comprehensive documented information security program and information security policies that contain managerial, technical, operational, and physical security control measures that are commensurate with the information assets being protected as per the nature of its business.
In the event you have any queries in relation to your PI, or our manner of protecting or safeguarding the same, or if you have any grievance, kindly raise a query by clicking on the Contact us tab in the hyperlinked privacy policy below or email us at: [email protected].
For more information, please see our Privacy Statement at: https://www.mars.com/privacy. In the Privacy Statement, you can also find out how to exercise your privacy rights.
The Platform may use cookies for a variety of purposes based on your preferences and consent. See our Cookie Notice at: https://www.mars.com/cookies-english to learn more about what cookies we use and how we use them.
Article 12 – Insurance
The User acknowledges that the User has subscribed to an insurance policy with an insurance company known to be solvent and that the User remains the holder, for the entire duration of these General Terms, of an insurance policy covering his/her professional civil liability risks up to the amount of sufficient capital. All types of damage (physical, material, intangible, consequential or not) must be covered by such insurance policy.
Upon request, the User will provide a certificate of insurance to Royal Canin at any time.
Article 13 – Confidentiality
The User undertakes to keep strictly confidential all information relating to Royal Canin, the Platform and the Training Material, except for information that is properly in the public domain through no action or fault of the User. The User will take the necessary measures to ensure that this obligation is respected by any person that may be authorized to access such confidential information.
The User’s confidentiality obligations will apply during the use of the Platform and for a period of 5 years after the termination of these General Terms.
Article 14 – Modification of these General Terms
The User acknowledges and accepts that the Platform developed by Royal Canin is an innovative tool and will evolve in order to add, replace or remove certain features, Trainings, etc.
Royal Canin reserves the right to amend these General Terms at any time without prior notice or intimation to a User. Accordingly, it is advisable that a User checks these General Terms on a regular basis.
Upon the User’s first log in to the Platform after these General Terms have been amended, the User will be provided with the opportunity to read and review the amended General Terms, and either (i) accept; or (ii) refuse them. If the User refuses the amended General Terms, the User’s access to the Platform will be terminated/deactivated after 30 days and the User will not be able to use the Trainings anymore.
Article 15 – Final Provisions
15.1 Waiver
If Royal Canin does not take advantage of or enforce any of the provisions of these General Terms, it may not be interpreted by the User as a waiver of it.
15.2 Entire Agreement and severability
These General Terms are the entire agreement between the User and Royal Canin relating to the Training and Platform and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Training or any other subject matter covered by these General Terms. If any provision of these General Terms is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
15.3 Independence of the Parties
Royal Canin and the User are independent entities, acting in their own name and under their sole responsibility. It is specified that the User carries out his or her activity on the Platform in complete autonomy and at his or her own risk.
The Platform should in no way be a substitute the Professional’s individual and independent professional expertise, review, judgment and/or diagnosis.
With regard to Vets, Royal Canin undertakes to allow the Users to respect rules governing the Vet’s obligation regarding the practice of veterinary medicine and professional ethics, notably maintaining their independent and objective professional judgment.
15.4 Law and jurisdiction
(a) These General Terms will be governed by laws of India.
(b) Any dispute arising out of or in connection with these General Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in accordance with the arbitration rules of the Mumbai Centre for International Arbitration, which rules are deemed to be incorporated by reference in this Article 15.4(b). The seat and venue of the arbitration shall be Mumbai, India. The tribunal shall consist of one arbitrator to be appointed jointly by the Parties within 21 days of the request for arbitration. Failing which, the sole arbitrator will be appointed in accordance with the Arbitration Rules of the Mumbai Centre for International Arbitration. The language of the arbitration shall be English. The law governing this arbitration agreement shall be India. The courts at Mumbai, India, shall have exclusive jurisdiction to grant any interim orders/relief in respect of arbitration between the Parties, as specified in this Article 15.4(b).
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