Royal Canin, having its office at Royal Canin Australia Pty Ltd, (ABN 88 092 020 178), Level 23, 727 Collins St, Melbourne VIC 3000, 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 Pet and advise the Pet Owners on the proper treatment in complete independence and in accordance with their professional rules and obligations.
BY USING THE SERVICE, YOU EXPRESSLY AGREE TO THE FOLLOWING TERMS AND CONDITIONS:
Article 1 – Description of the Service
As part of the Pet Monitoring content that can be accessed 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 at its own cost 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 not completely accurate, and Royal Canin excludes all express and implied warranties as to the accuracy of the Prediction Results
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 Service. The User agrees that these Specific Terms are supplemental to and incorporated into the General Terms of the Platform, that have already been accepted by the User. Capitalised terms used in these Terms which are not defined have the meanings given to them in the General Terms. The Specific Terms are available at any time on the Platform. To the extent of any inconsistency between the terms of the General Terms and the Specific Terms, the General Terms will prevail.
If the User refuses to be contractually bound by the Specific Terms, the User will not be able to use the Service.
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 and the Vet’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. To the maximum extent permitted by law and subject to Article 5 below, 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 analysis. The Vet is then free to use or not the Prediction Results and to decide what actions to take (prescription of specific feeds, additional analyses, medical treatment if the disease is already declared…). In any case, the Vet must not rely solely on the Prediction Results to make any decision about the Pet. The Prediction Results are an indicator that should be used in addition to other indicators such as those resulting from a clinical examination of the Pet or those described in the IRIS (International Renal Interest Society) guidelines. The Vet must therefore know how to interpret the Prediction Results in light of further knowledge and context gathered by the Vet’s detailed examination of the Pet.
Subject to Article 5, the use and sharing of the Prediction Results, information or data issued by the Service with the Pet Owner is made by the User at its sole discretion 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.
To the maximum extent permitted by law, Royal Canin provides the Service on an “as is” basis and excludes all express or implied warranties with respect to the Prediction Results provided by the Algorithm. Such Prediction Results shall not, in any case, replace or supplant 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. For the avoidance of doubt, the User is solely liable for its interpretation or analysis of the Prediction Results and Royal Canin excludes all liability for the User’s interpretation or analysis of the Prediction Result.
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 User and Vet’s 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, to the maximum extent permitted by law, 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.
To the extent that Royal Canin is unable to exclude its liability at law, Royal Canin limits that liability, to the maximum extent permitted by law (at Royal Canin’s sole discretion) to:
- re-supply of the relevant services; or
- payment of the cost of having those services re-supplied again.
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) ensuring 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 (f) any direct and/or indirect damage suffered by a Pet Owner or a third party as a result of any information provided by the Service, including the Prediction Results.
The User (a) shall indemnify, hold harmless and defend Royal Canin against any action, proceedings, claim, complaint or demands whatsoever, by any person (including Pet Owners) arising out or resulting from the User's activity or use of the Service or Prediction Results; and (b) undertakes to bear all costs, attorneys' and experts' fees and all damages that Royal Canin may be ordered to pay in this context by a court decision relating to the formation, performance and/or termination of a contract concluded between the User and a Pet Owner, without prejudice to any damages that Royal Canin may claim from the User.
Article 6 – Duration and termination
These Specific Terms come into force for an indefinite period as from their acceptance by the User.
Royal Canin has the right to terminate these Specific Terms for any reason whatsoever, provided that a reasonable notice is given to the other party.
Royal Canin reserves the right to cancel, suspend, or alter the User’s access to the Service at any time.
In the event of termination by either party and for any reason whatsoever of the User’s access to the Platform, these Specific Terms will consequently be terminated.
Article 7 – Modification
7.1 Modification of the Service
The Service may be modified or discontinued at any time. Royal Canin may, in its sole discretion, modify the Service or remove it. If the Service is removed or replaced, Royal Canin will make efforts to provide reasonable notice to Users of any removal/replacement of all or part of the Service in order to allow Users to take the necessary measures to download their individual information on the Platform.
Royal Canin will not be liable for any modification or removal of all or part of the Service.
7.2 Modification of the Specific Terms
The User acknowledges and accepts that the Service is an innovative tool and will evolve in order to add, replace or remove certain features.
Royal Canin reserves the right to amend the Specific Terms at any time.
Upon the User’s first use of the Service 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 to accept 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 Victoria, Australia.
Any dispute between Royal Canin and the User arising out of the interpretation, execution or termination of these Specific Terms which cannot be resolved amicably shall be settled by the competent courts of Victoria, Australia, notwithstanding any incidental claim or guarantee, or in the event of multiple defendants.