ROYAL CANIN INDIA PRIVATE LIMITED , having its office at 1401 & 1402, “F” Wing, 14th Floor, Lotus Corporate Park, CTS Nos. 185/A, Graham Firth Compound, Western Express Highway, Goregaon (East), Mumbai 400 063 (“Royal Canin”) provides a digital multi-service platform called “Vet Services” designed for Vets (as defined below) and accessible from the internet (“Platform”).

The Platform is designed to support Vets in their daily practice through innovative services (detailed in Annex 1) focusing on:

• Nutritional Recommendation (for Royal Canin products catalog)
• Pet Monitoring
• Knowledge for Veterinary Clinic team (scientific content)
• Clinic Management

The Platform is a support and assistance tool for Vets but in no way is intended to be a substitute to Vet’s individual and independent professional expertise, review, judgment and diagnosis. Vets have the necessary knowledge, experience and information related to the health and medical record of the Pets (as defined below) they examine and treat. Only Vets in direct contact with each Pet are able to properly diagnose each one and advise the Pet Owners (as defined below) on the proper treatment in complete independence and in accordance with their professional rules and obligations.

BY CREATING AN ACCOUNT AND USING THE PLATFORM, YOU EXPRESSLY AGREE TO THE FOLLOWING TERMS AND CONDITIONS:

DEFINITIONS:

Account Admin means a Vet in a Vet Practice who is responsible for managing and granting access to the Vet Account to the veterinary team members in their Vet Practice.

Feeding Recommendations means automatically generated nutritional recommendations based on the Pet’s data provided in the Platform by the Vet as part of certain Services, which may be shared with the Pet Owner by printing or e-mailing on the initiative and under the sole responsibility of the Vet. The recommendations involve nutritional products sold by Royal Canin.

General Terms means these general conditions applicable to the entire Platform. The General Terms are intended to govern all Services provided under the Platform, except when expressly modified or superseded by the Specific Terms.

Data Privacy Legislation means all laws and regulations of India, which protect the privacy rights of individuals, in so far as those laws and regulations apply to the processing of Personal Data in connection with the Platform .

Data Security Breach means (1) any unauthorized access to or acquisition of data that compromises the security, confidentiality or integrity of Personal Data or (2) any unauthorized disclosure of, access to or use of any Personal Data, or (3) any unauthorized intrusion into systems containing Personal Data
 
resulting in unauthorized access or access in excess of authorization. This definition shall apply without regard to whether the Data Security Breach takes place in Royal Canin systems or the User’s.

Personal Data shall mean any information which relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with an identified or identifiable living individual , including all information treated as Personal Information under the Information Technology Act, 2000 and Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011), which is uploaded by the User on the Platform. .

Pet means a cat and/or dog owned by the Pet Owner and examined in consultation by the Vet in the Vet Practice.

Pet Owner means a cat and/or dog owner that are clients of the Vet.

Services: means the specific applications designed to support Vets daily practices which are available on the home page of the Platform and subject to the Specific Terms and these General Terms.

Specific Terms means the particular terms of use governing each individual Service, to be accepted by the User before its first use of the said Service.

Terms means the General Terms together with the Specific Terms applicable to each Service.

User means a Vet or Vet Practice, or by way of exception other team members of the Vet Practice acting exclusively on behalf and under the strict supervision and liability of the Vet, that are entitled to use the Platform either through a direct agreement with Royal Canin, or pursuant to the access granted by the Account Admin and under its strict liability. Where applicable, User may also designate Vet Students.

User Content means all trademark, copyright, logo, trade name, company name, documents, data and information uploaded by the User in the Platform regarding the Vet Practice, Pets and Pet Owners, including any written materials and notably commentaries filled in by the User and, where applicable, modifications of results generated or calculated by the Platform, exclusively under a Vet’s responsibility

Vet means a natural person permitted under Indian law to practice veterinary medicine and practicing either individually or through a Vet Practice, and is registered as a User on the Platform.

Vet Account means a Vet’s individual account allowing the User to access the Platform and use the Services after acceptance of the Terms.

Vet Practice means a legal entity that is registered with the Platform and through which one or more Vets, along with other veterinary team members, provide veterinary services.

Vet Student means a Vet Student allowed to use the Platform under the supervision of a Vet solely for informative and educational purpose regarding Pets’ nutrition, according to the provisions of Article 3.

Article 1: Acceptance of the Terms
 
The User may use the Platform and the Services under the sole responsibility of the Account Admin.

Registration and navigation on the Platform are subject to the full acceptance of these General Terms by the User. Additionally, each Service available on the Platform is governed by Specific Terms. The Terms are to be read carefully and accepted by the User upon the User’s first access to the Platform.

The General Terms together with the Specific Terms form a contract between Royal Canin and the User.

If the User refuses to be contractually bound by the Terms, the User may not use the Platform. The General Terms and the Specific Terms are available at any time on the Platform.

Article 2 – Registration on the Platform - Independence

The present Article only concerns registration and access to the Platform for professional Vets. For Student Vets, see Article 3.

2.1 Conditions for User’s registration

Except as provided under Article 3, Users entitled to register on the Platform must be licensed Vets who undertake to use the Platform for strictly professional purposes, consisting of: (a) natural persons, duly registered and licensed by the competent professional regulatory body and practicing animal/veterinary medicine and surgery on an individual and independent basis, as defined by applicable laws, rules and regulations; or (b) legal entities, through which Vets provide veterinary services.

Upon connecting to the Platform, the first time User will be asked to create a Vet Account or log in to their preexisting account with Royal Canin (if any). For the creation of a new account, the User shall give true, correct and complete information about his/her identity. The login shall be the e-mail address or client number, or any other login provided by Royal Canin to the User, and the User will need to create a new password.

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 duly registered and licensed to practice veterinary medicine, (i) notify Royal Canin by e-mail and (ii) immediately stop using the Platform.

Any natural person registering on behalf of a legal person to which he or she is attached warrants that he or she has the authorizations for this purpose. Failing this, the natural person is liable to prosecution both by the legal entity concerned and by Royal Canin.

2.2 Access to the Platform through the Vet Account

As soon as the User accepts the General Terms, the User (a) may access the Platform via the Vet Account, using a login and password, provided by Royal Canin, which are personal and 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 to unauthorized 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 Vet Account. Any connection to the Vet Account and/or transmission of data made using the Vet 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.

If the holder of the Vet Account is a legal person, an Account Admin is designated, with the ability to grant access to the Vet Account to Users among the Vet Practice. It is acknowledged that only natural person practicing as Vet within the Vet Practice can be granted an access to the Platform. By way of exception, other veterinary team members of the Vet Practice may access to the Platform, exclusively on behalf and under the strict supervision and liability of the Vet.

The holder of the Vet Account is fully responsible for any use of the Vet Account and warrants and represents that the User undertakes to make proper use of the Platform and to comply with the Terms.

2.3 Independence of the Vet

All Users shall, at all times, respect and comply with rules governing the Vet’s obligation including regarding the practice of veterinary medicine and professional ethics, notably maintaining their independent and objective professional judgment. Nothing contained in these Terms derogate from the aforesaid obligations of the Users.

Article 3: Registration and Use of the Platform by Vet Students

Without prejudice to Article 2, access and use of the Platform by Vet Students is governed exclusively under the provisions of this Article.

Vet Students 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.

Vet Students are solely entitled to use the platform for their personal use and informative and educational purpose only. Vet Students are in no way authorized to use the Platform to provide a diagnosis or Feeding Recommendations to Pet Owners, except Vet Students may provide a Feeding Recommendation when using the Platform under the direct supervision and authorization of a Vet as part of an internship. The Vet shall be solely responsible and liable for any use of the Platform by the Vet Students.

Royal Canin has no responsibility or liability for any use or advice given by Vet Student pursuant to the use of the Platform.

Article 4: Services Offered by the Platform

4.1 Access and use of the Services
 
The User remains free at all times to use or not use all or part of the Services under the User’s sole responsibility and liability and in accordance with the applicable laws, rules and regulations that govern the Vet’s practice of veterinary medicine.

The description of each Service is provided in the Specific Terms for that Service.

The use of the Services is governed by the General Terms and Specific Terms applicable to each Service.

Each User must accept the General Terms and Specific Terms for the Service before accessing and using the Service.

Any access to and/or use of the Services made from a Vet Account is deemed to be made with the authorization and under the full responsibility of the Vet holding the Vet Account.

As the Platform is an evolving tool, the User acknowledges that access to and use of the Services may be temporarily interrupted for technical reasons, notably due to updates or maintenance. Royal Canin shall not be liable for any interruption of the Services.

4.2 Modifications of the Services

The Services available on the Platform may be modified or discontinued at any time. Royal Canin may, in its sole discretion, modify the Services, remove or replace certain Services or provide new Services. When a Service will be removed or replaced, Royal Canin will make efforts to provide reasonable notice to Users of any removal/replacement of all or part of the Services in order to allow Users to take the necessary measures to download their individual information on the Platform.

Royal Canin will not be liable for any modification or removal of all or part of the Services.

Article 5: Proper Use of the Services

The User shall use the Services only for a professional purpose, in strict compliance with the applicable laws, rules and regulations that govern the Vet’s practice of veterinary medicine (in particular the applicable rules of professional ethics and responsibility), and in accordance with the description of the Services provided in the Special Terms.

The User undertakes to use the Services under normal and reasonable conditions and provide accurate, complete and up-to-date User Content in the Platform.

If a User considers that the recommendations and/or data automatically provided by the Platform regarding Pets nutrition and health tracking should be modified (where such modification is possible under the applicable Specific Terms) the User shall make adjustments under the User’s sole responsibility and liability, in accordance with the Vet’s physical examination of the Pet, independent, professional judgment and the applicable laws, rules and regulations that govern the Vet’s practice of veterinary medicine.

Where the sharing of information or data by the Platform with the Pet Owner (including Feeding Recommendations) is made possible, the sharing of the information or data is done by the User in complete independence and under its sole responsibility and liability.
 
Moreover, the User undertakes not to engage in acts or behaviors of any nature (in particular, without limitation, downloading, sending, diffusion, edition, emission, publication) which are contrary to Indian law, infringe the Indian public order, any third party’s rights, applicable rules of professional ethics or the image or intellectual property or other rights of Royal Canin.

In using the Platform, the User undertakes (without limitation) 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 the Services; and
(d) reproduce, copy, sell, exchange, resell, or use for any commercial purpose any part of the Platform or the Services.

Article 6: Duration and Termination

The Terms come into force for an indefinite period as from their acceptance by the User.

Each party has the right to terminate the Terms for any reason whatsoever (except in the event of termination for misconduct referred to below) by written notification including e-mail to the other party with 30 days previous notice.

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: Financial Conditions

Fees for use of the Platform are not charged by Royal Canin to the User. However, fees for certain existing or future Services might be charged by Royal Canin to the owner of the Vet Account in accordance with the Specific Terms governing these Services.

Article 8: Liability

8.1 Royal Canin’s liability

Royal Canin does not guarantee the accessibility and permanent, proper functioning of the Platform and the Services, which the User acknowledges and accepts. For technical reasons, an interruption of the Platform and/or of all or part of the Services is possible.

Royal Canin accepts no liability in the event of unavailability of the Platform and/or of all or part of the Services 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 and/or any other reason beyond the control of Royal Canin.

Royal Canin provides information and advice related notably to the nutrition and health condition of the Pets through the Services based on health Information provided by the User on the Platform. Such information and advice are provided as first recommendations and shall not, in any case, replace the
 
Vet’s independent and professional expertise, judgment and diagnosis. Royal Canin and its affiliates will not be liable if the recommendation, information or advice appear to be inadequate or if the health condition of a Pet is not in line with the information and/or recommendation/advice provided on the Platform.

Royal Canin and its affiliates shall not be liable for any direct, indirect or special damages (loss of data, financial loss, loss of profit, loss of opportunity) that the User and/or Pet and/or the Pet Owners may suffer as a result of the Platform and/or of any Service, for any reason whatsoever, including (but not limited to) access or inability to access the Platform and/or Service, use or inability to use the Platform and/or any specific Service or the functioning or non-functioning of all or part of the Services. This applies notably to damages that may result from inaccurate content and notably Feeding Recommendations, 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. Royal Canin does not control, does not have access to and shall not be liable in any manner whatsoever for the sale prices and promotions applied to products sold to the Pet Owners, including but not limited to the definition, modification, display of such prices and promotions or any information related to them.

8.2 User’s liability

The User is solely responsible for (a) complying with the applicable and legally binding rules governing veterinarian professional ethics; (b) the decision to register on the Platform and to use the Services;
(c) 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 Services with the Pet Owners; (e) the accuracy and reliability of the User Content uploaded on the Platform including, but not limited to, (i) data and information relating to the Pets, their characteristics, medical record and state of health; (ii) data and information relating to the Pet Owners; and (iii) where applicable, free commentaries and modification of the data automatically provided for or calculated by the Platform as part of the Services; (f) the execution of its own contracts with the Pet Owners; (g) defining and managing the sale and promotions applied to the products sold to the Pet Owners and providing information relating to the prices and promotions to the Pet Owners; and (h) 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 or the Services, including the Feeding Recommendations.

The User (a) shall indemnify, hold harmless and defend Royal Canin and its affiliates 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 or Services; and (b) undertakes to bear all costs, attorneys' and experts' fees and all damages that Royal Canin 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 may claim from the User.

Article 9: Intellectual Property

9.1 Content of Royal Canin
 
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 the Terms. Except for content specifically intended to be shared with Pet Owners, 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.

9.2 User Content

As part of its use of the Platform, the User will be able to upload User Content. The User grants Royal Canin and its affiliates a royalty free, nonexclusive, worldwide license, for the entire duration of the related intellectual property rights, to make use of the User Content for any reason in connection with the provision of the Services. In addition, Royal Canin shall be able to use the User Content for purpose of internal evaluation, making improvements in the Platform or promoting and advertising the Platform to third parties. The User shall be responsible for obtaining the requisite consent of the Pet Owners.

The User represents and warrants that User Content is free from third party rights, including any intellectual property rights or rights to privacy. The User shall accordingly indemnify, defend and hold Royal Canin harmless from any claim or legal action of a third party related to Royal Canin’s use of the User Content within the scope of the license.

Article 10: Personal Data Protection

10.1 Pet Owner’s Personal Data

The User may collect and process certain Personal Data concerning Pet Owners through the Platform, in order notably to ensure Pet monitoring, clinic management and to share valuable information such as Feeding Recommendations with the Pet Owner, as part of the Services.

In this context, and on the understanding that the User and Royal Canin may each be considered controllers of the Personal Data which is acquired or shared under this Agreement:

1. the User and Royal Canin will not be acting as joint controllers.
   
   
2. the User and Royal Canin will each ensure full compliance with the applicable Data Privacy Legislation in respect of their data processing obligations under this Agreement. The Mars Data Processing Policy (https://www.mars.com/about/policies-and-practices/data-processing), which is followed by Royal Canin being an affiliate, may be used as a checklist to verify compliance with these requirements.
   
   
3. the User and Royal Canin will avoid doing anything that might put the other party in breach of its data protection obligations pursuant to Data Privacy Legislation.
   
   
4. the User and Royal Canin will reasonably assist the other party with its own compliance with Data Privacy Legislation where necessary and in a position to do so.
   
   
5. the User will immediately notify Royal Canin if they know, discover or reasonably believe that there has been a Data Security Breach.
   
   
6. If a situation arises where it is appropriate for the relationship to be properly characterized as one of 'data controller' and 'data processor', this will be agreed in advance. In those circumstances, where the User is instructed in the capacity of a 'data processor', the Mars Data Processing Policy will apply.

As the party that is collecting the personal data from the Pet Owner, the User represents, warrants and undertakes that it has all necessary rights, consents and legal bases to collect and provide personal data to Royal Canin and / or applicable third parties and to permit such party to process and use personal data on its behalf. The User shall obtain consent from the Pet Owner to collect and share their personal data on the Platform. The User shall indemnify Royal Canin in the event that the User does not have the lawful rights to collect, use and share the personal data.

The User shall not make any use of the Pet Owners’ Personal Data on behalf of Royal Canin and shall indemnify, defend and hold Royal Canin harmless in case of a claim or legal action of a Pet Owner in relation to any use of their Personal Data by the User.

For more information regarding the processing of Pet Owners Personal Data by the Platform on behalf of the User, please refer to the Privacy Statement https://www.mars.com/privacy-policy-india .

10.2 User’s Personal Data

The User’s personal data will be processed in accordance with the Mars Privacy Statement
https://www.mars.com/privacy-policy-india

Article 11: Insurance

The User acknowledges that the User has subscribed an insurance policy with an insurance company known to be solvent and that the User remains the holder, for the entire duration of the Terms, of an insurance policy covering his/her professional civil liability (including violation of Data Privacy Legislation) risks up to the amount of sufficient capital. All types of damage (physical, material, intangible, consequential or not) must be covered by the policy.

Upon request, the User will provide a certificate of insurance to Royal Canin at any time.

Article 12: Confidentiality

The User undertakes to keep strictly confidential all information relating to Royal Canin and the Platform, except for information that is properly in the public domain through no action or fault of the User or that are directly intended to be shared with Pet Owners such as the Feeding Recommendations. The User will take the necessary measures to ensure that this obligation is respected by the Vet Practice and any subcontractors.
 
The User’s confidentiality obligations will apply during the use of the Platform and for a period of 5 years after the termination of the Terms.

Article 13: Modification of the 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.

Royal Canin reserves the right to amend the Terms at any time.

Upon the User’s first log in to the Platform after the Terms have been amended, the User will be provided with the opportunity to read and review the new Terms, and either (i) accept; or (ii) refuse them. If the User refuses the new Terms, the User’s access to the Platform will be deactivated and the User will not be able to use the Services anymore.

Article 14: Final Provisions

14.1 : General Provision

If Royal Canin does not take advantage of or enforce any of the provisions of the Terms, it may not be interpreted by the User as a waiver of it.

14.2 : 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.

14.3 : Law and jurisdiction

The Terms are governed by the laws of India where the Vet is licensed to practice veterinary medicine.

Any dispute between Royal Canin and the User arising out of the interpretation, execution or termination of the Terms which cannot be resolved amicably shall be settled by the competent courts of Mumbai, India, notwithstanding any incidental claim or guarantee, or in the event of multiple defendants.

Annex 1

Nutritional Recommendation: To help the veterinary team find the best nutritional recommendation link to the pet profile, provide the precise mix feeding per day


Pet Monitoring: provide to veterinarian digital tools linked to nutrition to support the Pet follow up during a lost weight program, to monitor clinical data during chronic diseases and support health prevention through predictive algorithm
 
Knowledge for Veterinary Clinic team: Sharing all the science that will support the clinic team viz. Pet knowledge through articles, e-learning, webinars and magazines ( as Vet Focus).

Clinic Management: Digital services to ease products orders from Royal Canin, support individualized nutritional solution delivery and billing and any digital initiative that will help the clinic save time and provide better in clinic experience to his clients.

Specific Terms of Use Service: Renal Detect

If the Service described in these Specific Terms is available to the User on the Platform, these Specific Terms apply.

Royal Canin provides a Service on the Platform aiming at helping Users to predict cat kidney disease.

The Service is a support and assistance tool for Vets but in no way should be a substitute to Vet’s individual and independent professional expertise, review, judgment and diagnosis. Vets have the necessary knowledge, experience and information related to the health and medical record of the Pets they examine and treat. Only Vets in direct contact with each Pet are able to properly diagnose each one and advise the Pet Owners on the proper treatment in complete independence and in accordance with their professional rules and obligations.

BY USING THE SERVICE, YOU EXPRESSLY AGREE TO THE FOLLOWING TERMS AND CONDITIONS:

Article 1 – Description of the Service

As part of the Pet Monitoring content that can be proposed on the Platform, Royal Canin provides a service aiming at helping Users to predict cat kidney disease (the “Service”).
 
To use the Service, the Vet needs to collect a sample of the cat’s urine and/or blood during a consultation and analyse the urine and/or blood with its own equipment and/or by using external laboratories. The User must then enter the medical test results into the Royal Canin algorithm available when using the Service (the “Algorithm”). The Algorithm will then display prediction results (the “Prediction Results”) on the risk for the cat to develop kidney disease. Prediction Results will appear in the form of a “Yes, the cat is at risk to develop chronic kidney disease in the next months” or “No, the cat is not at risk to develop chronic kidney disease in the next months” answers.

Prediction Results provided by the Algorithm are 88% accurate1.

Article 2 – Acceptance of the Specific Terms

The Service is governed by these Specific Terms to be read carefully and accepted by the User upon the User’s first access to the Platform. The Specific Terms are supplemental to the General Terms of the Platform. The Specific Terms are available at any time on the Platform.


Article 3 – Use of the Service by the User

3.1 Access and use

The User remains free at all times to use or not use all or part of the Service (which includes the Prediction Results) under the User’s sole responsibility and liability and in accordance with the applicable laws, rules and regulations that govern the Vet’s practice of veterinary medicine.

As the Platform is an evolving tool, the User acknowledges that access to and use of the Service may be temporarily interrupted for technical reasons, notably due to updates or maintenance. Royal Canin and its affiliates shall not be liable for any interruption of the Service.

3.2. Proper use

The Prediction Results are provided by the Algorithm with no other indications. The Vet is then free to use or not the Prediction Results and to decide what actions to take (prescription of specific feeds, additional analyses, medical treatment if the disease is already declared). In any case, the Vet must not rely solely on the Prediction Results to make any decision about the Pet. The Prediction Results are an indicator that should be used in addition to other indicators such as those resulting from a clinical examination of the Pet or those described in the IRIS (International Renal Interest Society) guidelines. The Vet must therefore know how to interpret the Prediction Results in the light of a more general context that only the Vet knows and must know.

The use and sharing of the Prediction Results, information or data issued by the Service with the Pet Owner is made by the User in complete independence and under its sole responsibility and liability.


1 Percentage obtained on the basis of the following study: Biourge, V, Delmotte, S, Feugier, A, Bradley, R, McAllister, M, Elliott, J. An artificial neural network‐based model to predict chronic kidney disease in aged cats. J Vet Intern Med. 2020; 34: 1920– 1931. Accessible at: <https://doi.org/10.1111/jvim.15892> See Table 5, Phase 3 (using all data from Royal Vet college and Banfield) , M12 (model predicting renal status at 12 months).
 
Article 4 – Fees

The use of the Service by the Users is free of charge.

Article 5 – Liability

5.1 Royal Canin’s liability

The Service, through the Algorithm, provides the Prediction Results based on Pet health information, and in particular medical test results, provided by the User.

Royal Canin makes no express or implied warranties with respect to the Prediction Results provided by the Algorithm. Such Prediction Results shall not, in any case, replace the Vet’s independent and professional expertise, judgment and diagnosis. Royal Canin is not liable if the Prediction Results appears to be inadequate or if the health condition of a Pet is not in line with the Prediction Results.

The use and exploitation of the Prediction Results are made under the sole responsibility of the User and at his or her own risk. As such, it is specified that Royal Canin is not intended to substitute itself for the User to interpret or to analyse the Prediction Results.

In no event shall Royal Canin and its affiliates be liable for any direct or indirect damages (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 Prediction Results or more generally by the use of the Service that would not be the result of a breach by Royal Canin of its obligations under these Specific Terms.

In addition, Royal Canin and its affiliates shall not be liable for any direct, indirect or special damages if the Service, for any reason whatsoever, including (but not limited to) access or inability to access the Service, use or inability to use the Service or the functioning or non-functioning of all or part of the Service. This applies notably to damages that may result from inaccurate content and notably Prediction Results, errors, slowness or interruption in transmission, loss, disappearance or alteration of data, computer virus, whatever their origin, intrusions by third parties, etc.

Royal Canin and its affiliates 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.

5.2 User’s liability

The User is solely responsible for the use and interpretation of the Prediction Results, as well as for any actions and advice derived or given by the User to Pet Owners.

The User is solely responsible for (a) the decision to use the Service; (b) 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); (c) the choice to share the Prediction Results, information or recommendations provided by the Service with the Pet Owners; (d) the accuracy and reliability of the User Content uploaded on the Service including, but not limited to, (i) data and information relating to the Pets, their characteristics, medical record, medical test results and state of health; (ii) data and information relating to the Pet Owners; and (iii) where applicable, free commentaries and modification of the data automatically provided for or calculated by the Service; (e) the execution of its own contracts with the
 
Pet Owners; and (g) any direct and/or indirect damage suffered by a Pet Owner or a third party as a result of any information provided by the Service, including the Prediction Results.

The User (a) shall indemnify, hold harmless and defend Royal Canin and its affiliates 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 of the Service or Prediction Results; and (b) undertakes to bear all costs, attorneys' and experts' fees and all damages that Royal Canin 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 may claim from the User.

Article 6 – Duration and termination

These Specific Terms come into force for an indefinite period as from their acceptance by the User.

Each party has the right to terminate these Specific Terms for any reason whatsoever, provided that a reasonable notice is given to the other party.

In the event of termination by either party and for any reason whatsoever of the User’s access to the
Platform, these Specific Terms will consequently be terminated.

Article 7 – Modification

7.1 Modification of the Service

The Service may be modified or discontinued at any time. Royal Canin may, in its sole discretion, modify the Service or remove it. If the Service is removed or replaced, Royal Canin will make efforts to provide reasonable notice to Users of any removal/replacement of all or part of the Service in order to allow Users to take the necessary measures to download their individual information on the Platform.

Royal Canin will not be liable for any modification or removal of all or part of the Service.

7.2 Modification of the Specific Terms

The User acknowledges and accepts that the Service is an innovative tool and will evolve in order to add, replace or remove certain features.

Royal Canin reserves the right to amend the Specific Terms at any time.

Upon the User’s first use of the Platform after these Specific Terms have been amended, the User will be provided with the opportunity to read and review the new Specific Terms, and either accept or refuse them. If the User refuses the new Specific Terms, the User’s access to the Service will be blocked and the User will not be able to use the Service anymore.

Article 8 – Law and jurisdiction

These Specific Terms are governed by the laws of India where the Vet is licensed to practice veterinary medicine.
 
Any dispute between Royal Canin and the User arising out of the interpretation, execution or termination of these Specific Terms which cannot be resolved amicably shall be settled by the competent courts of Mumbai, India, notwithstanding any incidental claim or guarantee, or in the event of multiple defendants.