Terms of Use

Terms of use - Breeders

1. Acceptance of the terms
The navigation on the website Royal Start and on the dedicated mobile application Royal Start (hereinafter commonly referred to as the « Website ») and the use of the Services listed and described in article 3, are subject to the full acceptance of these general terms of use (hereinafter referred to as the « Terms »).
The user of the Services (hereinafter referred to as the “User”) must read carefully the Terms before using the Services.
When using the Services, the User fully accepts the Terms which form a contract between Royal Canin (having its registered office at 650 avenue de la Petite Camargue, 30 470 Aimargues) (« Royal Canin ») and the User. If the User refuses to be contractually bound by the Terms, he/she shall not use the Services.
The Terms are available any time on the Website.

2. Website access
2.1. The following prerequisites must be fulfilled to access the Website:
having a breeding activity and, in particular, having a cheptel of cats or dogs from which the breeder can sell at least two litters a year or at least 1 litter with affix or breeding number per year, and
being a partner of Royal Canin. In this regard, the breeder shall have executed a breeder agreement (\“Convention d’élevage\”) (\“the Breed Agreement\”) with Royal Canin.
2.2 Deactivation of the access to the Website
Royal Canin reserves the right to deactivate the access of a User to the Website, without notice period, nor formality, nor indemnification if:
a court order requests to do so,
a force majeure event occurs,
the User does not comply with one or more of the requirements of the Breed Agreement.
the Breed Agreement terminates for whatever reason.
Besides, in case of a breach by the User of one of his/her obligations under the Terms, Royal Canin can, after sending, by email, a formal notice to remedy this breach and if it has not been remedied with a 8-day delay following this sending, deactivate his/her access to the Website.
When the access to the Website is deactivated, the Users must take all necessary measures to download their documents and information available in the Website.
The Website will be accessible only through computers and tablet computers (but not through mobile phones), under iOS or Android, with an Internet connection.
2.3 Creation of an account  
Neither the Website nor its content are publicly accessible. Upon their first access to the Website, Users will be asked to create an account or log-in to their preexisting account with Royal Canin – if any (both being referred to as the \“Account\”). In the creation of a new account, the User shall give true, correct and complete information about his/her identity. The ID will be the email address of the User and he/she will need to create a password.
The information related to the User’s 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.
At any time, the User can delete his/her Account and then deactivate his/her access to the Website.
2.4 Interruption of the access to the website
Royal Canin can, at any time, modify or interrupt the Website or all or part of the Services after prior notice. Consequently, the access to the Website and all or part of the Services can be deactivated during this interruption or definitively.
Royal Canin will inform the User with a reasonable notice in case the Website closes. The Users must take all necessary measures to download their documents and information available in the Website before the Website closes.

3. Description of the services
The Website is intended to
help the User to manage the information about animals of his/her breeding farm and
communicate with his/her clients who have firmly booked an animal and undertaken to buy this animal (“the Pet Owner”) especially through sharing information with this client about the animal before its arrival at its new house (“the Services”).
3.1 Management of information about animals of the breeding farm
3.1.1. Description
The User can use the Website to register either
new born animal in the breeding farm,
a breeding animal or
litters in the breeding farm.
Especially for the registration of new born animals, the following functionalities are open to the User:
a) Profile
The User can connect to the Website in order to create a profile for each animal born into the breeding farm (the \“Profile\”).
In order to create a Profile, the User must fill in standard information about the animal such as, without limitation, the name of the animal, its birth date, its birth time.
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) Life story
The User can create and complete the life story of each animal registered on the Website.
This consists in downloading pictures of the animal and commenting such pictures.
The life story will be made available to the User via the v“Life Story\” tab.
c) Health tracking
The User can provide health information of each animal registered in the Website (the \“Health Information\”). In particular – but without limitation, the User will be able to provide :
Factors influencing health condition in neonate puppy: birth weight, weight at the age of 2 days, APGAR score, glycemia at the age of 1 day.
Growth tracking;
Nutrition tracking.
On the basis of the Health Information, 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, each animal will be identified as being \“at risk\” or not on the basis of the Health Information provided by the User. The User can also himself/herself identify an animal as being at risk, irrespectively of the information/advice on the health condition available on the Website.
It is specified that the information/advice on health condition are accurate only for a limited period of time which will be indicated in the Website.
Royal Canin may make use of the Health Information, notably for any scientific, research or educational purposes.
3.1.2. General provisions
Until the User confirms the sale of the animal to the Pet Owner (see 3.2), the User can at any time:
consult this information on the Website,
update/modify the relevant information he/she provided about an animal during the first days of life of the animal within the breeding farm.
Add new information and documents about the animal.
delete any information or documents he/she previously provided on the Website.
3.2 Communication with the Pet Owner
Royal Canin may provide tools and features for the User to initiate communications with the Pet Owner. Using these tools, the User can invite a Pet Owner via email to view information concerning his/her animal. Royal Canin will allow the User to share only a limited number of information with the Pet Owner. The User can see in the tab “Sales and transfer” which information can be shared.
To share the relevant information, the User will send an email to the Pet Owner through the Website. Then the User will receive an invitation 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 canceled, the User will be able to send a new invitation relating to the same animal.
Once the animal is sold by the User to the Pet Owner, the User can forward to the Pet Owner the Profile of the animal and all allowed information the User chose to forward by clicking on the “Confirm the sale” button.
If User chooses to send an email or other communication through Royal Canin’s Website, User represents and warrants that it: (1) has obtained all lawful consents necessary to send commercial and transactional emails to Pet Owner through any medium or service; (2) understands and agrees that the “email sender” will be identified as Royal Canin on User’s behalf because you are solely responsible for determining whether and when to initiate email communications to Pet Owners; and (3) will comply with all laws, rules, and regulations in effect in connection with your email communications
Royal Canin provides its Website tools and features as a convenience only. As result, User agrees to indemnify, defend, and hold harmless Royal Canin from any and all direct and indirect damages that caused by your use, misuse, or non-use thereof or from any email communications transmitted to Pet Owner through or relating to our Website.  

4. Personal data
4.1. Personal data of Pet Owners
The User may enter certain personal data of Pet Owners in the Website. In particular, pursuant to section 3.2 above, the User may enter a Pet Owner’s email address into the Website, in order that an invitation to access certain information about his/her animal is sent to said Pet Owner.
In this context, the User shall be data controller of the Pet Owner’s email address, as well as any other Pet Owner personal data which the User may enter into the Website, until the Pet Owner actually registers to the Website (where applicable). Therefore, the User shall ensure that the collection of the Pet Owner’s personal data, including the email address, is made in compliance with the applicable laws pertaining to data protection, including in particular the rules on the mandatory information which must be conveyed to Pet Owners prior to the collection of their data.
If the Pet Owner
does not already have an account with Royal Canin; and
does not register to the Website, the User shall be responsible to ensure that the period of retention of the Pet Owner’s personal data in the Website is compliant with applicable law (i.e., that the data is deleted when it is not anymore strictly necessary to the User.)
The User shall not make any use of the Pet Owners’ personal data on behalf of Royal Canin, and shall 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.
4.2. Personal data of Users
The User’s personal data will be processed in accordance with the Privacy Policy which can be accessed
here

5. Rules about the proper use of the services
The User warrants and represents that he/she will use the Services only for a professional purpose in compliance with the description of the Services, as set forth in article 3. Consequently, the User undertakes to avoid using the Website to other purposes including, without limitation:
Marketing the animals,
Exploration of new clients.
Overall, the User undertakes to use the Services under normal and reasonable conditions.
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 French law, infringe the French public order, the third party’s rights or the image or rights of Royal Canin.
In particular, and without limitation, the User engages not to:
Download deliberately, diffuse 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 ;
Download deliberately, diffuse or forward any false information or  “improper” content. “Improper” means inter alia anything that is disparaging, defamatory, offensive, pornographic, sexually explicit, unlawful, discriminatory or insulting with regards to racial or ethnic origins or sexual preference, and any content that may be deemed to be harassing, abusive, threatening, harmful, vulgar, obscene or violent, or that consists of a breach of a private right, including image rights and the right to a private life of a natural person or any personal freedom, or a distorted or false representation of facts or hate speech, or which incites a breach of the law by any means whatsoever, or which is inappropriate in any other way ;
Disrupt, slow down, block or alter the normal data flow exchanged through the Website and the Services ;
Reproduce, copy, sell, exchange, resell, or use to any commercial purpose any part of the Website or the Services.

6. Modification of the services
The Services available in the Website are upgradeable and Royal Canin may provide new services but also remove part of the Services or modify them. Royal Canin may not be held liable for this.

7. Liability
7.1.
The User acknowledges he/she
has the skills and the appropriate technology needed for the use of the Services available in the Website and
checked that his/her computer configuration is appropriate, works and is safe.
In this regard, the User has to take all appropriate measures in order to protect his/her data, computer systems or software against virus, Trojans or, more generally, computer programs which can compromise the Website security.
The User is fully responsible for the hardware he/she uses to access the Website. Such hardware remains at his/her own expense, as well as the potential online communication fees necessary for the use of the Services.
7.2.
The User acknowledges his/her Account is personal and that he/she shall keep the ID and password strictly confidential. The User will be fully responsible for any access to the Website and use of the Services under his/her ID/password, such access or use will not expose Royal Canin to liability. Therefore, the User shall be liable of any consequences resulting from the access to the Website and the use of the Services by a third party, without prejudice to any compensation Royal Canin could seek if such access or use causes damage to Royal Canin.
7.3.
The User acknowledges that Royal Canin will not be liable for consequences, damage or inconvenience inherent to the use of Internet and, in particular, in case of a network failure, an external intrusion, the presence of computer virus or a failure of the internet services provider of the User. Besides, Royal Canin makes its best efforts to provide an optimal quality and availability of the Services. However, due to the specific nature of the Internet network, the functioning of the Website, the access to the Website and its use could be occasionally interrupted, notably to enable Royal Canin to undertake the necessary maintenance, repairs and updates of the computer system (hardware and software) for the functioning of the Website. This would not expose Royal Canin to liability.
7.4.
Royal Canin is not liable for the fraudulent use by any Internet user or, more generally, by any third party, of the information or the content available on the Website.
7.5.
The User will be fully liable for the risks related to the use of the Website/Services and, in particular, is fully responsible of the information he/she gave on the Website. Moreover, the transmission of the information to the Pet Owner (see article 3.1.1 c.) is under the exclusive liability of the User. The User will also be liable for any damage caused to Royal Canin and will hold Royal Canin harmless in case of a claim if such damage or claim is consecutive to information provided by the User to the Pet Owner or any third party.
7.6.
Royal Canin provides information and advice related to the health condition of the animals, on the basis of Health Information provided by the User on the Website (see article 3.1 c.). Such information and advice are provided as first recommendations and shall not, in any case, replace a veterinary diagnosis. The User is urged to consult a veterinary on a regular basis and anytime he feels, based on his/her experience, that it is necessary. Therefore, Royal Canin may never be liable if the information/advice appears to be inadequate or if the evolution of the health condition of an animal is not in line with the information and advice provided on the Website.
The User agrees:
that Royal Canin will not be liable to any third party for any special, indirect, incidental, punitive, exemplary or consequential damages, including but not limited to lost profits or diminution in value, in any way arising out of or relating to any breach of these Terms, User’s use of the Website, the Services, or its content, or any other interaction between Royal Canin and the User however caused, under a claim of any type or nature, based on any legal or equitable theory (contract, tort or otherwise), regardless of whether such damages were foreseeable and even if Royal Canin is advised of the possibility of such damages and notwithstanding the failure of any agreed or other remedy of its essential purpose, except where the exclusion or limitation of certain liabilities is prohibited by law.”  
to defend, indemnify, and hold harmless Royal Canin, our officers, members, managers, employees, and agents from and against any and all claims, liabilities, damages, losses, demands, or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with the User’s: (a) use of the Website and Service, (b) violation of these Terms, (c) User Content  provided or transmitted through the Service; (d) communications originated under User’s Account, whether sent by the User or a third party using User’s Account (with or without permission), to other users of the Website or Service or Pet Owners and the content(s) thereof, (e) violation of any law or the rights of any third party, and (f) negligence or willful misconduct.   
that use of the Website and the Service is at User’s sole risk. Unless explicitly noted in a warranty provided by Royal Canin, use of the Website, the Service, or its content are provided on an “as is” and “where is” basis. Royal Canin expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.  

8. Intellectual property
8.1. Content of Royal Canin
The Website, as well as all intellectual property rights in relation to its content (texts, images, videos, databases, sounds, photographs, business names, logos, trademarks, etc. but excluding the \“User Content\” as defined below) are either the property of Royal Canin and/or its affiliates, or are subject to licenses and/or authorizations granted to us by third parties. The User is only authorized to use the Website and its content (excluding the \“User Content\” as defined below) to the extent necessary for its normal consultation and operation, and in accordance with the Terms. The User may not reproduce, make available to the public, perform, publish or modify any part of the Website and its content without prior agreement from Royal Canin in writing.
The User is only authorized to use the Website and its content (excluding the \“User Content\” as defined below) to the extent necessary for its normal consultation and operation, and in accordance with the Terms. The User may not reproduce, make available to the public, perform, publish or modify any part of the Website and its content without prior agreement from Royal Canin in writing.
8.2. User
As part of its use of the Website, the User will be able to upload data about, and/or pictures of, the animals, as well as other written material, such as commentaries (the \“User Content\”). The User grants Royal Canin a free, non exclusive, worldwide license, transferable, royalty-free right and license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense, and create derivative works and compilations incorporating User Content for the entire duration of the related intellectual property rights, to make use of the User Content in connection with its making available on the Website  and, more generally, with its making available to Pet Owners (including any right to reproduce and adapt the User Content in such contexts). In addition, Royal Canin shall be able to use the User Content for purpose of promoting and advertising the Website to third parties.  
The User warrants that the User Content is free from third party rights, including any intellectual property rights or rights to privacy. As a consequence, the User shall 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.
User agrees that User will evaluate and bear all risk related to the use of, or any activities associated with, content that User uploads, downloads, accesses, uses, subscribes to, sends, or otherwise acquires through the Service. The results of any actions User takes based on content User finds on the Service is solely User’s responsibility.  

9. Modification of the terms
Royal Canin reserves the right to amend the Terms, at any time. Upon its first access to the Website after the Terms have been amended, the User will be provided with the opportunity to read new Terms, and either
accept; or
refuse them.
If the User refuses the new Terms, its access to the Website will be deactivated at the end of a reasonable period of time and the User could not use the Services anymore.

10. General
10.1.
The Terms are governed by French law and, if the User is a merchant according to the law,  any claim relating to the interpretation, performance and/or termination of the Terms and which will not have been amicably settled shall be subject to the exclusive jurisdiction of the Court of Paris.
10.2.
The Terms contain the whole agreement between Royal Canin and the User relating to the use of the Website and supersedes all prior agreements, arrangements and understandings between them relating to that subject matter
10.3.
Failure of Royal Canin or the User to insist on specific performance of the Terms shall not constitute a waiver of rights hereunder.
10.4.
If any court of competent jurisdiction or governmental entity holds that any provision of the Terms is invalid or unenforceable for any reason, the validity and enforceability of the remaining provisions of the Terms shall not be affected or impaired, and all remaining terms of the Terms remain in full force and effect.