ROYAL CANIN AUSTRALIA PTY LTD, having its registered office at 727 Collins Street, Docklands VIC 3008, Australia (« Royal Canin ») provides a digital platform called “Royal Start” designed for breeders and accessible from the internet on a dedicated website (hereinafter referred to as the « Platform »).
The Platform is designed to support Breeders in their daily practice through innovative services focusing on:
• Animal management (including weight management and health / reproduction monitoring)
• Task management (either administrative, medical or related to the daily breeding activities)
• Communication with the pet owner (sharing of information and documents relating to the pet, declaration of sale, etc.)
The Platform is a support and assistance tool for breeders but in no way should be a substitute to the breeders’ individual and independent professional expertise, and to the examination, diagnosis and treatment of the animals by a vet when needed.
BY CREATING AN ACCOUNT OR USING THE PLATFORM, YOU EXPRESSLY AGREE TO THESE TERMS AND CONDITIONS AS DEFINED:
Terms starting with a capital letter shall have the meaning indicated below. Unless otherwise stated, words in the singular include the plural and words in the plural include the singular.
- Animal(s) means cat(s) and/or dogs from the Breeding Kennel/Cattery, consisting of breeding animals, litter, or young single animals born in the Breeding Kennel/Cattery.
- Account Admin means a Breeder in a Breeder Kennel/Cattery who is responsible for managing and granting access to the Breeder Account to other team members of the Breeding Kennel/Cattery.
- Breeder means a natural person or a Breeding Kennel/Cattery, having a cats and/or dogs breeding activity, and having executed a partnership agreement (the “Breed Agreement”) currently running with Royal Canin.
- Data Privacy Legislation means all laws and regulations, in any country of the world, which protect the privacy rights of individuals, in so far as those laws and regulations apply to the processing of personal information in connection with this Agreement, including without limitation data protection legislation enacted by the European Union (EU) and member states of the EU, US federal and state laws relating to data privacy, and similar measures;
- Data Security Breach means (1) any unauthorized access to or acquisition of data that compromises the security, confidentiality or integrity of personal information, or (2) any unauthorized disclosure of, access to or use of any personal information, or (3) any unauthorized intrusion into systems containing personal information resulting in unauthorized access or access in excess of authorization
- Personal Data has the meaning set forth at article 4.1 of the GDPR
- Pet Owner means a natural person client of the Breeder who has, depending on the context, purchased or firmly booked an Animal, from the Breeder.
- User means a Breeder 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.
- User Content means all trademark, copyright, logo, trade name, company name, documents, data and information uploaded by the User in the Platform, including any photos or written materials and notably commentaries, filled in by the User.
Article 1: Acceptance of the Terms
Article 2 : Registration on the Platform - Independence
2.1 Conditions for User’s registration
Users entitled to register on the Platform must be Breeders having executed an ongoing Breed Agreement with Royal Canin.
Neither the Platform nor its content are publicly accessible. Upon connecting to the Platform for the first time, User will be asked to create a Breeder Account or log in to a preexisting account with Royal Canin (if any). For the creation of a new Breeder Account, the User shall give true, correct and complete information about his/her identity, and fill in his/her Breeder ID such as provided by Royal Canin as part of the Breed Agreement. The login shall be an e-mail address of the Breeder ‘s choice and the User will need to create a new password. The information related to the Breeder Account is accessible via the tab “Account”. The User can update such information at any time and shall do so when it is necessary for the use of the Services. In particular, the User can complete the information about his/her activity in order to benefit from an adjustment of the Services according to the specific features of his/her activity (for example, modify the species and breed settings).
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, if no longer able to practice his or her breeding activity under the conditions of the Breed Agreement, (i) notify Royal Canin by e-mail and (ii) immediately stop using the Platform.
Any natural person registering on behalf of a Breeding Kennel/Cattery 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
If the holder of the account is a legal person, an Account Admin is designated, with the ability to grant access to the Breeder Account to Users among the Breeding Kennel/Cattery. It is acknowledged that only natural person having a breeding activity can be granted an access to the Platform. By way of exception, other team members of the Breeding Kennel/Cattery may access to the Platform, exclusively on behalf and under the strict supervision and liability of the Breeder.
At any time and upon request to Royal Canin, the User can delete his/her Breeder Account, this resulting in the automatic deactivation of his/her access to the Platform.
2.3 Independence of the Breeder
Royal Canin undertakes to allow the Users to respect any applicable professional rules and standards governing the breeding activity.
Article 3 : Services Offered by the Platform
3.1 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 rules and standards that govern the User’s breeding activity.
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.
3.2 Description of the Services
The Platform is intended to (i) help the User to manage the information about Animals of his/her Breeding Kennel/Cattery; (ii) create and manage tasks and (iii) communicate with the Pet Owner.
3.2.1 Management of information about Animals of the Breeding Kennel/Cattery
The User can use the Platform to register either a newborn Animal, a breeding Animal or litters in the Breeding Kennel/Cattery.
In this regard, the following functionalities are open to the User:
a) Animal‘s Profile
The User can connect to the Platform in order to create a profile for each Animal of the Breeding Kennel/Cattery (the “Profile”). User can create a breeding Animal, litter and young, single Animal as part of a litter, being noted that a breeding female must be added before creating newborn Animals. Users must then fill in standard information about the Animal such as, without limitation, the name of the Animal, its birth date, its birth time, its status (available, sold, booked; etc.).
The process for creating, modifying or deleting the Profile of an Animal, is further described in the Support section of the Platform https://breeder.royalcanin.com/support-page/details/animals. It is acknowledged that the Profile of a breeding female cannot be deleted if she is the mother of one of the puppies or kittens of the Breeding Kennel/Cattery.
The Profile will be made available to the User through the “Profile” tab and will recap all the information provided by the User about the Animal.
b) Documents and photos
The User can import different contents on the Platform via two features:
- “Documents” can be used to add various type of documents (PDF, Word, Excel, PowerPoint, as well as photos, videos and music, as long as the files are not over 20 MB;
- “Lifestory” can only be used to add and manage photos. The User can create and complete the life story of each Animal registered on the Platform. This consists in uploading pictures of the Animal and commenting on such pictures.
The process for adding photos or documents to an Animal’s Profile is further described in the Support section of the Platform : https://breeder.royalcanin.com/support-page/details/documents.
c) Health tracking
The User can provide health information about each Animal registered in the Platform (the “Health Information”), consisting notably in (i) weight tracking, (ii) risk status, (iii) free comments (“note book”), and for breeding Animals only, (iv) reproductive cycles management.
On the basis of the Health Information provided, the weight curve of the Animal and information/advice on the Health Condition of the Animal will be made available to the User by Royal Canin.
In particular, in the case of dogs only, each puppy will be automatically identified by the Platform as being “at risk” or not on the basis of the Health Information provided by the User. At-risk status only applies in two cases : (i) User entered a birth weight which is too low , according to the criteria set up by Royal Canin and detailed in the following section: https://breeder.royalcanin.com/support-page/details/weight– the puppy will be identified as at risk for a 48-hour period; (ii) User entered a 48-hour weight that is more than 4% below the birth weight – the puppy will be identified as “at risk” for a period of 56 days.
The User can also manually activate or deactivate the at-risk status of each Animal, irrespective of the information/advice on the Health Condition available on the Platform.
It is specified that the information/advice on the Animal’s Health Condition are only for indicative purpose and remain accurate for a limited period of time which will be indicated on the Platform. In any event, the User acknowledges that the Platform shall never replace a vet’s examination and diagnosis when needed.
The User expressly authorizes Royal Canin to make use of the Health Information, notably for any scientific, research or educational purposes.
The processes to carry out health monitoring, weight tracking and reproductive cycle management is further detailed in the “Support” section of the Platform : https://breeder.royalcanin.com/support-page.
d) Sale declaration
The User may declare the sale of an Animal on the Platform, in order to be awarded loyalty points as part of Royal Canin’s Loyalty Program, within the conditions provided in Article 7 below.
On this occasion, the User is notably invited to enter data about the Pet Owner, in order to share information with him/her, within the conditions of Articles 3.2.3 and 10.1 below.
3.2.2 Task Management
The User can create tasks manually or programming tasks with the “Plan” feature. These tasks can be administrative, medical or related to the daily breeding activities.
The processes for creating tasks, assigning a plan to an Animal and exporting the tasks is further described in the Support section of the Platform : https://breeder.royalcanin.com/support-page/details/tasks.
3.2.3 Communication with the Pet Owner
The User can share some information with the Pet Owner concerning his/her Animal via the Platform. The User can choose which document he or she wishes to share with the Pet Owner. By default, all documents have a shared status.
To share the relevant information, the User must fill in the email address of the Pet Owner at the time of declaring the sale on the Platform. After validation of the Pet Owner’s e-mail address, an email will be automatically sent to the Pet Owner through the Platform, with the Breeder’s advice on how to welcome the pet, as well as an invitation to register on a dedicated interface of the Platform or another local Royal Canin’s platform in order for the Pet Owner to view some information on his/her future pet.
The User can cancel an invitation until the Pet Owner accepts it and after such acceptance if the sale of the Animal has been cancelled.
Only one invitation can be sent per Animal. However, if an invitation has been cancelled, the User will be able to send a new invitation relating to the same Animal.
The processes for sending e-mails to Pet Owners is further described in the Support section of the Platform : https://breeder.royalcanin.com/support-page/details/sellpet.
3.3 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 damage suffered or loss incurred by the User arising out of any modification or removal of all or part of the Services.
Article 4 : Proper Use of the Services
The User shall use the Services only for a professional purpose, in strict compliance with the applicable rules and standards that govern the Breeders’ activity, and in accordance with the description of the Services.
The User undertakes to use the Services under normal and reasonable conditions and to provide accurate, complete and up-to-date User Content in the Platform.
If the User considers that the recommendations and/or data automatically provided by the Platform regarding Animal management and/or Health Conditions should be modified (where such modification is possible) the User shall make adjustment under the User’s sole responsibility. It is acknowledged that the recommendations provided by the Platform cannot under any circumstances replace a medical examination; it is therefore the exclusive responsibility of the User to have the Animals examined as often as necessary by a vet.
For the data that the User is entitled to share via the Platform, the sharing of such 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 Australian law, infringe the Pet Owner’s rights, , any third party’s rights, the professional rules of conduct and ethics governing the breeding activity, or the image or rights of Royal Canin.
Article 5 : Duration and Termination
In the event of termination by either party and for any reason whatsoever, or in the event of termination of the Breed Agreement, Royal Canin will terminate the User's access to the Platform.
Article 6 : Financial Conditions
Fees for use of the Platform are not charged by Royal Canin to the User. However, fees for certain future functionalities might be charged by Royal Canin to the holder of the Breeder Account in accordance with the special conditions governing such functionalities.
Article 7 : Loyalty Program
In accordance with the Breeder Club Offering, Royal Canin will offer the User loyalty points as part of the Royal Canin’s Loyalty Program.
Breeders will earn Loyalty Points when they complete a Royal Start training either remotely or face to face.
To learn more about the Breeders’ Loyalty Program, please consult the following link: https://www.promos.royalcanin.com.au/breeder-rewards/login.
Article 8 : Liability
8.1 Royal Canin’s liability
To the maximum extent permitted by law, 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.
To the maximum extent permitted by law, 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.
The Platform provides information and advice related notably to the health condition and weight management of the Animals based on the 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 independent and professional expertise, judgment and diagnosis of a vet. In the event of any doubt of any kind concerning the health of an Animal, it is the responsibility of the Breeder to have the Animal examined by a vet. Royal Canin shall not be held liable if the information or advice appears to be inadequate or if the health condition of an Animal is not in line with the information and advice provided on the Platform. Royal Canin otherwise expressly excludes all liability for the User’s and Pet Owners’ reliance on the information and advice provided on the Platform.
To the maximum extent permitted by law, 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 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, errors, slowness or interruption in transmission, loss, disappearance or alteration of data, computer virus, whatever their origin, intrusions by third parties, etc.
To the extent that Royal Canin is unable to exclude its liability at law, the remedy for such liability (at Royal Canin’s election) is limited to:
- Replacement goods or services;
- Payment of the costs of such goods or services; or
- The costs of having the goods or services resupplied.
Royal Canin’s liability at law is otherwise limited to the lower of $10, or the minimum amount payable at law.
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.
8.2 User’s liability
The User is solely responsible for (a) complying with the applicable rules and standards governing the breeding activity; (b) the decision to register on the Platform and to use the Services; (c) the management and health tracking of the Animals of the breeding and the decision to have them physically examined and treated by professional vets as often as necessary ; (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 Animals, their characteristics, and Health Conditions; (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; 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 Platform or the Services.
The User (a) shall indemnify, hold harmless and defend Royal Canin 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 Platform; 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 us by third parties.
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, non-exclusive, 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 promoting and advertising the Platform to third parties.
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 Information Protection
10.1 Pet Owner’s Personal Information
In the context of the sale [DEPENDING ON THE COUNTRY : “and/or booking”] of an Animal, the User is free to register in the Animal’s Profile certain personal information concerning the Pet Owner (notably his or her first name, last name, email address and the date of sale) for the purpose of managing the commercial relationship, and notably sending an e-mail to the Pet Owner, within the conditions provided in Article 3.2.3 above.
In this context and on the understanding that the User and Royal Canin may each be considered controllers of the personal information which is acquired or shared under this Agreement:
- the User and Royal Canin will each ensure full compliance with the applicable Data Privacy Legislation in respect of their personal information obligations under this Agreement. The Mars Data Processing Policy (insert URL) may be used as a checklist to verify compliance with these requirements.
- the User and Royal Canin will avoid doing anything that might put the other party in breach of its personal information obligations pursuant to Data Privacy Legislation.
- 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.]
- the User will immediately notify Royal Canin if they know, discover or reasonably believe that there has been a Data Security Breach.
As the party that is collecting the personal information 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 information to Royal Canin and / or applicable third parties and to permit such party to process and use personal information on its behalf. The User shall obtain consent from the Pet Owner to collect and share their personal information 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 information.
Therefore, the User shall ensure that the collection and processing of the Pet Owner’s Personal Data are made in compliance with the applicable Data Privacy Legislation, including in particular the rules on the mandatory information to be provided to data subject prior to the collection of their personal information, and, where applicable, the rules relating to prior consent.
The User shall be responsible to ensure that the period of retention of the Pet Owner’s personal information in the Platform is compliant with the Data Privacy Legislation (i.e.: that the data is deleted when it is not anymore strictly necessary to the User) and to delete the personal information if the Pet Owner exercises his or her right to object to processing.
The User shall not make any use of the Pet Owner’s personal information on behalf of Royal Canin and shall indemnify, defend and hold Royal Canin harmless in case of any claim or legal action from a Pet Owner in relation to any use of his/her personal information by the User.
10.2 User’s Personal Information
Article 11 : Insurance
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 photos, information and document related to the Animals. The User will take the necessary measures to ensure that this obligation is respected by the members of the Breeding Kennel/Cattery and by any subcontractors.
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.
Article 14 : Final Provisions
14.1 : General Provision
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