Vet Services

Royal Canin South Africa Proprietary Limited, having its office at Epsom Ave, North Riding, Randburg, Gauteng (« Royal Canin ») provides a digital multi-service platform called “Vet Services” designed for Vets and accessible from the internet (« Platform »).

 

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

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

 

The Platform is merely a support and advisory tool for Vets but in no way should be a substitute for or replace any Vet’s individual and independent professional expertise, review, judgment and/or diagnosis. Only 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 a Pet are able to properly examine, diagnose and make prescriptions for the Pet and advise the Pet Owners on the proper treatment in complete independence and in accordance with their professional and ethical rules and obligations.

 

By accessing and/or using the Platform, you expressly ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND agree to the following terms and conditions.  If you do not agree to the following terms and conditions, you are not authorised to access or use the Platform and you must immediateLY cease your access to or use of the Platform or any paRT thereof.

 

DEFINITIONS:

 

Account Admin means a Vet in a Vet Practice who is responsible for managing and granting access to the Vet Account to Users in that Vet Practice.

 

Data Privacy Legislation means all laws and regulations, in the Republic of South Africa, 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 this Agreement, specifically including the Protection Personal Information Act, 4 of 2013.

 

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.

 

Feeding Recommendations means automatically generated nutritional recommendations based on a Pet’s data provided in the Platform by a User as part of certain Services, which may be shared with the Pet Owner by printing or e-mailing on the sole initiative and under the sole responsibility of the User and such User's Account Admin without any recourse of any nature against Royal Canin. The recommendations will only 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.

 

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 or household which is processed by the User in the course of providing or using Services users do not act on behalf of RCSA under these Terms and Conditions.

 

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

 

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

 

Services: means the specific applications designed to support a Vet's 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, which terms will be set out on the Platform and must 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) a Vet Practice or

 

(b) a Vet working in a Vet Practice, or other employees of a Vet Practice acting exclusively on behalf and under the strict supervision and liability of a Vet,

 

who is entitled to use the Platform either through a direct agreement with Royal Canin, or pursuant to the access granted by the Account Admin and subject to the Terms. Where applicable in terms of Article 3, the term "User" may also designate Vet Students.

 

User Content means any and all trademarks, copyright, logos, trade names, company names, documents, intellectual property, data and information uploaded by a User on the Platform regarding a Vet, Account Admin, Vet Student, any other veterinary team member, Vet Practice, Pets and/or Pet Owners, including without limitation any written materials and questionnaires, surveys and/or commentaries filled in by the User and, where applicable, the results (and any modifications of results) generated or calculated by the Platform.

 

Vet means a natural person registered as a veterinarian in accordance with all applicable laws and regulations and working in a Vet Practice.

 

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

 

Vet Practice means a veterinary practice registered with the Platform and where one or more Vets, along with other veterinary team members, including without limitation Account Admin and Vet Students provide veterinary services to Pets and Pet Owners. 

 

Vet Student means a student registered to study veterinary science at any university or other institute of higher learning who may be 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 only 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 the 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 constitute a contract between Royal Canin and the User.

 

If the User refuses or does not wish to be bound by the Terms, the User may not use any of the Services and is not authorised to access or use the Platform and must immediately cease any access to or use of the Platform or any part thereof.

 

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 Users. For Vet Students, 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 (a) Vets or employees of a Vet Practice authorised by its Account Admin, each of whom shall use the Platform only for strictly professional purposes and be natural persons.  Vets who are Users shall be duly registered and licensed by the competent professional regulatory body and practice animal medicine and surgery at a Vet Practice in accordance with all applicable laws, rules and regulations; or (b) Vet Practices, duly registered and licensed by the competent professional regulatory body, practicing animal medicine and surgery, as defined by applicable laws, rules and regulations.

 

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 as required on the Platform and including his/her identity, country and Vet Practice. The login shall be the User's e-mail address or client number, or any other login provided by Royal Canin to the User, and the User will be required to create a new unique and secure password.

 

The User (a) guarantees the truthfulness, accuracy and completeness of all 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 whenever necessary to ensure it is true, accurate and complete or if required by Royal Canin; and (c) must, when no longer duly registered and licensed to practice veterinary medicine in accordance with all applicable laws and regulations, (i) promptly notify Royal Canin thereof by e-mail and (ii) immediately stop using the Platform.

 

Any natural person registering on behalf of a Vet Practice warrants that he or she has the authorizations for this purpose. Failing this, the natural person shall be personally liable to both the Vet Practice concerned and Royal Canin for any loss, damage, liability and/or expense either or both of them may suffer and/or incur.

              

1. Access to the Platform through the Vet Account

 

Subject to compliance with the General Terms, the User (a) may access the Platform via his Vet Account, using his personal login and password; (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 anything carried out by the User and/or any other person via the User’s Vet Account. Any connection to the User's Vet Account and/or transmission of data made using the Vet Account will be presumed to have been made by the User and under the User’s sole responsibility without any recourse of any nature against Royal Canin. In the event of fraudulent use of the User’s password and/or log in, the User shall inform Royal Canin thereof in writing as soon as possible.

 

If the holder of the account is a Vet Practice, an Account Admin shall be designated, with the ability to grant access to the Vet Account to Users among the Vet Practice. It is acknowledged that only natural persons practicing as a Vet within (or otherwise employed by) the Vet Practice can be granted access to the Platform via its Vet Account. By way of exception, other employees of the Vet Practice may access the Platform, but only 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 by any person of the Vet Account and warrants and represents to Royal Canin that each User of the Vet Account shall make proper use of the Platform and comply with the Terms. By accessing the Vet Account the Vet Account holder and User each consents to processing of his personal information and that he has obtained the necessary consents as applicable for the use of personal information.

 

2.3 Independence of the Vet

 

Each User shall respect all rules, laws and obligations governing his practice of veterinary medicine and professional ethics, and shall at all times maintain an independent and objective professional judgment.

 

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

 

Without prejudice to Article 2, the access and use of the Platform by Vet Students is governed 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 and only subject to compliance with the Terms. Vet Students are in no way authorized to use the Platform to provide a diagnosis or Feeding Recommendations to Pet Owners or any other person, 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 of any nature whatever for any access provided, use of or advice given by Vet Student pursuant to his access to and/or use of the Platform.   The Vet Student and the relevant Vet jointly and severally indemnify Royal Canin against any loss, liability, damage and/or expense which Royal Canin may suffer and/or incur pursuant to any access to or use of the Platform by the Vet Student.

 

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. The User bears the sole responsibility for and shall be solely liable for his access and use of the Platform and/or Services without any recourse of any nature against Royal Canin. The User shall only access and use the Platform and the Services in accordance with all applicable laws, rules and regulations that govern the 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 expressly acknowledges and agrees that he has read and understood and accepts the General Terms and Specific Terms for the Service by 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 without any recourse of any nature against Royal Canin.

 

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 in any manner whatever for any interruption of the Services howsoever caused.

 

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 in any manner whatever 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 on 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 without any recourse of any nature against Royal Canin, 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 without limitation 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 without any recourse of any nature against Royal Canin.

 

Moreover, the User undertakes not to engage in acts, omissions or conduct of any nature (in particular, without limitation, downloading, sending, diffusion, edition, emission, publication) which are contrary to any applicable laws, rules and regulations (including without limitation applicable laws, rules and regulations that govern the Vet’s practice of veterinary medicine and/or the applicable rules of professional ethics and responsibility) and/or which may damage and/or prejudice the good name and reputation of Royal Canin, its business and/or products.

 

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 to any commercial purpose any part of the Platform or the Services. 

 

Royal Canin reserves the right to monitor the access and use of the Platform by Users to check their compliance with the Terms.

 

 

Article 6 : Duration and Termination

 

The Terms come into force for an indefinite period until otherwise determined by Royal Canin in its discretion. 

 

Each party has the right to terminate a Vet Account 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 at least 30 days previous notice.

 

Each User acknowledges that Royal Canin may at any time, terminate a Vet Account and/or ban or suspend the User from accessing and/or using the Platform at its sole and absolute discretion.

 

In the event of termination of a Vet Account 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/or 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 incurs 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.

 

Royal Canin provides information related to the nutrition and health condition of the Pets through the Services based on health Information provided by the User on the Platform. Royal Canin does not make any warranty or representation as to the reliability, accuracy, origin, completeness, timeliness, fitness for any particular purpose or truthfulness of the health Information provided by the User including without limitation any User Content.  The information provided by the Platform are only first recommendations and shall not, in any case, replace the Vet’s independent and professional expertise, judgment and diagnosis. The information provided by the Platform does not constitute professional advice and must not be relied on as such. Neither Royal Canin nor its employees are Vets or veterinary experts and Royal Canin is not giving or purporting to give any advice of any kind to Users, Vets, Vet Practices, Vet Students, Pet Owners or any third other person. Royal Canin in not liable if the information appears to be inadequate or if the health condition of a Pet is not in line with the information and advice provided on the Platform.

 

Royal Canin 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 the Pet Owners may suffer as a result of access to and/or use of the Platform and/or of any Service, for any reason whatsoever, including (but not limited to) access or inability to access the Platform or Service, use or inability to use the Platform 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 in any manner whatsoever in relation to User Content, which is provided by the User under its sole responsibility, and in full knowledge of the facts without any recourse of any nature against Royal Canin.

 

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 any 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 and other requirements of applicable laws, regulations and rules; (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 (as only Vets 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 agreements, arrangements and contracts with the Pet Owners without any recourse of any nature to Royal Canin; (g) defining and managing the prices of sale and promotions applied to any products sold to the Pet Owners and providing information relating to such 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 without limitation the Feeding Recommendations.

 

The User (a) shall indemnify, hold harmless and defend Royal Canin, its directors, employees, agents, shareholders, representatives and subcontractors against any action, proceedings, claim, complaint or demands whatsoever, by any person (including without limitation Pet Owners) arising out or resulting from the User's activity on, access to and/or use of the Platform and/or Services; and (b) undertakes to bear and pay on demand all costs, attorneys' and experts' fees and all losses, damages and other expenses that Royal Canin may suffer and/or incur pursuant to any such action, proceedings, claim, complaint or demands, without prejudice to any losses, damages and/or expenses 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 us by third parties.  No license or other right of any nature whatever is granted to any User, Vet, Vet Student, Vet Practice, Pet Owner or any other person in respect of any of such intellectual property rights.

 

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 onto the Platform. The User grants Royal Canin and its affiliates a perpetual, royalty free, nonexclusive, worldwide license, 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 promoting and advertising the Platform to third parties.

 

The User represents and warrants that User Content is free from third party rights, including without limitation any intellectual property rights or rights to privacy, or, to the extent that there are any third party rights, that the User has obtained all required consents from any third party for the use of the User Content by Royal Canin and its affiliates. The User shall accordingly indemnify, defend and hold Royal Canin and its affiliates harmless from any claim or legal action of a third party related to the use by Royal Canin and/or its affiliates of any 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 responsible parties 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. the User and Royal Canin will not be acting as Responsible Parties.

    

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/privacy-policy-southafrica) 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 'responsible party' and 'operator', this will be agreed in advance. In those circumstances, where the User is instructed in the capacity of an 'operator', 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 Data Processing Agreement available on the Platform.

 

10.2 User’s Personal Data

 

The User’s personal data will be processed in accordance with the Mars Privacy Policy.

 

Article 11: Insurance

 

The User warrants to Royal Canin that the User (or the Vet Practice employing the User) has subscribed to an insurance policy with an insurance company known to be solvent and that the User (or the Vet Practice employing the User) remains the holder, for the entire duration of the 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 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 any other person or that is 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 employee, agent, owner, representative, locum, contractor or subcontractor of the Vet Practice.

 

The User’s confidentiality obligations will apply for as long as the User remains registered on the Platform and for a period of 5 years after the termination of such registration for any reason whatever.

 

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 at its sole and absolute discretion to amend the Terms at any time and any such amendment shall be effective upon its posting on the Platform.

 

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 and use of the Platform will be deactivated and the User will not be able to access and/or use the Platform and/or Services anymore.  A User's continued use of the Platform following the posting of amendments to the  Terms will mean the User accepts those amendments

 

 

Article 14: Final Provisions

 

14.1: General Provisions

 

The Terms (as amended by Royal Canin from time to time) constitute the sole record of the agreement between the parties in relation to the subject matter thereof and supersede and replace all prior commitments, undertakings or representations, whether oral or written, between the parties in respect of the Platform and the subject matter of the Terms.  Royal Canin shall accordingly not be bound by any express or tacit term, representation, warranty, promise or the like not recorded in the Terms.

 

No addition to or variation, novation or agreed cancellation of the Terms shall be of any force or effect unless made by Royal Canin in terms of Article 13 or otherwise in writing and signed by or on behalf of Royal Canin.

 

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 by Royal Canin or, whether by estoppel or otherwise, limit any of the existing or future rights of Royal Canin in terms hereof.

 

No User shall be entitled to cede, delegate and/or assign all or any of its rights and/or obligations under the Terms to any third party without the prior written consent of Royal Canin.

 

If a provision of the Terms is found to be illegal, invalid or unenforceable, then, to the extent it is illegal, invalid or unenforceable, that provision will be given no effect and will be treated as though it were not included in the Terms but the validity or enforceability of the remaining provisions of the Terms will not be affected.

 

Without prejudice to any other provision of the Terms, any successor in title, including, without any limitation, any executor, heir, liquidator, business rescue practitioner, curator or trustee, of any User shall be bound by the Terms.

 

14.2 : Independence and relationship of the Parties

 

Royal Canin and the User are independent entities, acting in their own name as principals. It is specified that the User carries out his activities on the Platform in complete autonomy and solely at his own risk.  Nothing in the Terms shall create any relationship of agency, partnership or joint venture between the parties and no party shall hold itself out as being the agent, representative or partner of any other party or as being in a joint venture with any other party. 

 

14.3 : Law and jurisdiction

 

The Terms are governed by the laws of the Republic of South Africa.

 

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 High Court of South Africa, Gauteng Local Division, Johannesburg (or its successor) and the parties consent to the non-exclusive jurisdiction of such Court.

 

14.4 Interpretation

 

An expression which denotes a) any one gender includes the other genders; b) a natural person includes an artificial person and vice versa; and c) the singular includes the plural and vice versa.

 

Headings of clauses have been inserted for guidance only and shall not be deemed to form any part of the context or be taken into consideration in the interpretation of this Agreement.

 

Any reference to any law, regulation, rule or the like shall be deemed a reference to such statute or legislation as amended from time to time or to a newly adopted statute or legislation replacing a repealed statute or legislation and be deemed to include any subsidiary legislation made thereunder.

 

Any rule that a contract (or any part of a contract) shall be interpreted or construed against the party responsible for the drafting or preparation of the contract, shall not be applied in the interpretation of the Terms.

 

14.5 Notices

 

The User chooses domicilium citandi et executandi for the purposes of the giving of any notice, the payment of any sum, the serving of any process and for any other purpose arising from this Agreement at the physical address and email address provided to Royal Canin on its registration with the Platform (as amended from time to time by written notice to Royal Canin on the Platform).  If a User is a Vet working in (or other employee of) a Vet Practice, such User chooses domicilium citandi et executandi  at the Vet Practice's physical address and email address provided to Royal Canin unless otherwise amended from time to time by written notice to Royal Canin.

 

 

Appendix 1

 

 

Nutritional Recommendation:  Helping the veterinary team find the best nutritional recommendation based on the pet’s profile, and providing the precise mix feeding rationing recommendations per day

 

 

Pet Monitoring:  providing veterinarians with digital tools linked to nutrition in order to support the Pet follow up during a weight loss program, to monitor clinical data during chronic diseases and in order to support health maintenance through predictive algorithms

 

 

Knowledge for Veterinary Clinic team:  Sharing the science that will support the clinic’s team in their day to day practice, increasing knowledge about pets through articles, e-learning, webinars, emagazines (such as Vet Focus).

 

 

Clinic Management: Digital services to ease product orders from Royal Canin and support the delivery and billing of individualized nutritional solutions, as well as digital initiatives that will help the clinic save time and provide a better in-clinic experience to its 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 IN ADDITION TO THE GENERAL TERMS OF THE PLATFORM:

 

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% accurate[1].

 

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 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 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 (for example prescription of specific feeds, additional analyses, medical treatment if the disease is already declared etc). 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.

 

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 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 shall not be liable for any direct, indirect or special damages 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 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 without limitation the Prediction Results.

 

The User (a) shall indemnify, hold harmless and defend Royal Canin against any action, proceedings, claim, complaint or demands whatsoever, by any person (including without limitation 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 User has the right to terminate its use of the Service [USERS CANT TERMINATE THE SPECIFIC TERMS]for any reason whatsoever, provided that at least 30 days prior written notice is given to Royal Canin.   Royal Canin has the right to terminate any User's use of the Service for any reason whatsoever, provided that at least 30 days prior written notice is given to such User.   

 

 

In the event of termination by either party and for any reason whatsoever of the User’s access to the Platform, the provision of the Service to such User will consequently also automatically be terminated.

 

Article 7 – Modification

 

7.1 Modification of the Service

 

The Service may be modified, suspended or discontinued at any time. Royal Canin may, in its sole discretion, modify the Service or suspend or remove it. If all or part of 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 to any User in any manner whatsoever for any modification, suspension, discontinuation, replacement 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 the country of 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 High Court of South Africa, Gauteng Local Division, Johannesburg (or its successor) and the parties consent to the non-exclusive jurisdiction of such Court.