Crown Pet Foods t/a
Royal Canin, having its office at Oak Tree Meadow, Blackworthy, Road, Castle
Cary, Somerset, BA7 7PH(« 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 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. The material made available through the Platform has been prepared
for informational purposes only, and is not intended to provide, and should not
be relied on for veterinary medical[, tax, legal or accounting] advice.
By creating an account and using the Platform, you expressly agree to
the following terms and conditions:
Account Admin means a Vet in a Vet Practice who is responsible
for managing and granting access to the Vet Account to the veterinary team
members in their Vet Practice.
Feeding Recommendations means automatically generated nutritional
recommendations based on the Pet’s data provided in the Platform by the Vet as
part of certain Services, which may be shared with the Pet Owner by printing or
e-mailing on the initiative and under the sole responsibility of the Vet. The
recommendations involve nutritional products sold by Royal Canin.
means any acts,
events or circumstances which are unforeseeable, outside the control of the
affected Party and render said Party unable to comply totally with its
obligations under this Agreement, including without limitation restrictions
created by the COVID-19 pandemic.
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provided under the Platform, except when expressly modified or superseded by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.
applicable data protection and privacy laws and regulations including without limitation: (i) the General
Data Protection Regulation (EU) 2016/679 (“GDPR”) and any applicable
national implementing laws, regulations and secondary legislation; and (ii) the
Data Protection Act 2018, each as may be amended, replaced or superseded from
time to time.
Breach a breach of
security leading to the accidental or unlawful destruction, loss, alteration,
unauthorized disclosure of, or access to Platform Personal Data.
Data means any
personal data (as defined under the GDPR) contained in the data and information
uploaded by the User to the Platform including Pet Owner personal data.
Pet means a cat and/or dog owned by the
Pet Owner and examined in consultation by the Vet in the Vet Practice.
Pet Owner means a cat and/or dog owner that
are clients of the Vet.
Services: means the specific applications designed
to support Vets daily practices which are available on the home page of the
Platform and subject to the Specific Terms and these General Terms.
each individual Service, to be accepted by the User before its first use of the
Terms means the General Terms together with the Specific
Terms applicable to each Service.
User means a Vet exercising in the Vet
Practice, or by way of exception other members of the
Vet Practice acting exclusively on behalf and under the strict supervision and
liability of the Vet, that are entitled to use the Platform either through
a direct agreement with Royal Canin,
or pursuant to the
access granted by the Account Admin and under its strict liability. Where
applicable, User may also designate Vet Students.
User Content means all trademark, copyright,
logo, trade name, company name, documents, data and information uploaded by the
User in the Platform regarding the Vet Practice, Pets and Pet Owners, including
any written materials and notably commentaries filled in by the User and,
where applicable, modifications of results generated or calculated by the
Platform, exclusively under a Vet’s responsibility.
Vet means a natural
person exercising as veterinarian or Vet Practice, that are registered on the
Vet Account means a Vet’s individual account
allowing the User to access the Platform and use the Services after acceptance
of the Terms.
Vet Practice means a legal entity or
veterinary practice registered with the Platform where one or more Vets, along
with other veterinary team members, provide veterinary services.
Vet Student means a Vet
Student allowed to use the platform under the supervision of a Vet solely for
informative and educational purpose regarding Pets’ nutrition, according to the
provisions of Article 3.
Article 1: Acceptance
of the Terms
The User may use the
Platform and the Services under the sole responsibility of the Account Admin.
navigation on and access to 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 to by read carefully and accepted by the
User upon the User’s first access to the said Service.
The General Terms together
with the Specific Terms form a contract between Royal Canin and the User.
If the User refuses
to be contractually bound by the Terms, the User may not use the Services.
The Terms are
available at any time on the Platform.
Article 2 – Registration
on the Platform - Independence
The present Article
only concerns registration and access to the Platform for professional Vets.
For Student Vets, see Article 3.
2.1 Conditions for
Except as provided
under Article 3, Users entitled to register on the Platform must be licensed
Vets who undertake to use the Platform for strictly professional purposes,
consisting of: (a) natural persons, duly registered and licensed by the competent
professional regulatory body and practicing animal medicine and surgery on an
individual and independent basis, as defined by applicable laws, rules and
regulations; or (b) legal entities, 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 about
his/her identity. The login shall be the e-mail address or existing client
number of the User, or any other login provided by Royal Canin to the User by
email, and the User will need to create a new password.
The User (a) guarantees
the truthfulness, accuracy and completeness of the information provided to
Royal Canin and will be solely responsible for any error, omission and update;
(b) undertakes to promptly update the data and information provided when necessary;
and (c) must, when no longer duly registered and licensed to practice
veterinary medicine, (i) promptly notify Royal Canin by e-mail and (ii) immediately
stop using the Platform.
Any natural person
registering on behalf of a legal person to which he or she is registered or
with whom he or she is affiliated professionally warrants that he or she has
the authorizations for this purpose. Failing this, the natural person is liable
to prosecution both by the legal entity concerned and by Royal Canin.
2.2 Access to the Platform through the Vet
As soon as the User
accepts the General Terms, the User (a) may access the Platform via the
Vet Account, using his or her registration details ( login and password) which
are personal and remain in the User’s custody; (b) must take all necessary
precautions to ensure the confidentiality, security and correct use of the
User’s login and password, in order to prevent them from being disclosed or
used by to unauthorized third parties; and (c) is solely responsible for the
use by any other person of the User’s login and password as well as for any operations
carried out via the User’s Vet Account. Any connection to the Vet Account and/or
transmission of data made using the Vet Account will be presumed to have been
made by the holder of said account and under the User’s sole responsibility, except
where the Vet Account is accessed by Royal Canin for security, maintenance or
other technical reasons or the Vet is able to demonstrate otherwise. In the
event of fraudulent use of the User’s password and/or log in, the User
undertakes to inform Royal Canin in writing as soon as possible.
If the holder of the
account is a legal person, an Account Admin is designated, with the ability to
grant access to the Vet Account to Users among the Vet Practice. It is
acknowledged that only natural persons practicing as a Vet within the Vet
Practice can be granted an access to the Platform. By way of exception, other
veterinary team members of the Vet Practice may access to the Platform,
exclusively on behalf and under the strict supervision and liability of a Vet.
The holder of the Vet
Account is fully responsible for any use of the Vet Account and warrants and
represents that the User undertakes to make proper use of the Platform and to
comply with the Terms.
of the Vet
Royal Canin undertakes
to allow the Users to respect rules governing the Vet’s obligation regarding
the practice of veterinary medicine and professional ethics, notably maintaining
their independent and objective professional judgment.
Registration and Use of the Platform by Vet Students
Without prejudice to
Article 2, access and use of the Platform by Vet Students is governed
exclusively under the provisions of this Article.
Vet Students may only
be granted access to the Platform directly by Royal Canin or pursuant to the
authorization granted by and under the supervision of an Account Admin.
Vet Students are solely
entitled to use the platform for their personal use and informative and
educational purpose only. Vet Students are in no way authorized to use the
Platform to provide a diagnosis or Feeding Recommendations to Pet Owners,
except Vet Students may provide a Feeding Recommendation when using the
Platform under the direct supervision and authorization of a Vet as part of an
internship. The Vet shall be solely responsible and liable for any use of the
Platform by the Vet Students.
Royal Canin has no
responsibility or liability for any use or advice given by Vet Student pursuant
to the use of the Platform.
Services Offered by the Platform
4.1 Access and use
of the Services
The User remains free
at all times to use or not use all or part of the Services under the User’s
sole responsibility and liability and in accordance with the applicable laws,
rules and regulations that govern the Vet’s practice of veterinary medicine.
The description of
each Service is provided in the Specific Terms for that Service.
The use of the
Services is governed by the General Terms and Specific Terms applicable to each
Each User must accept
the General Terms and Specific Terms for the Service before accessing and using
to 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 or Vet Practice holding
the Vet Account.
As the Platform is an
evolving tool, the User acknowledges that access to and use of the Services may
be temporarily interrupted for technical reasons, notably due to updates or
maintenance. In such circumstances, Royal Canin shall make efforts to resume
access to the Services as soon as reasonably practicable, however, Royal Canin
shall not be liable for any interruption of the Services, except where such
interruption is due to its own default or negligence.
of the Services
available on the Platform may be modified or discontinued at any time. Royal
Canin may, in its sole discretion, modify the Services, remove or replace
certain Services or provide new Services. When a Service will be removed or
replaced, Royal Canin will make efforts to provide reasonable notice to Users of
any removal/replacement of all or part of the Services
in order to allow Users to take the necessary measures to download their individual
information on the Platform.
Royal Canin will not
be liable for any modification or removal of all or part of the Services.
Article 5: Proper
Use of the Services
Except in the case of
Vet Students who may use the Services in a personal capacity for educational or
informational purposes only, 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  provide accurate, complete and up-to-date User Content in the Platform.
If a User considers
that the recommendations and/or data automatically provided by the Platform
regarding Pets nutrition and health tracking are, in his/her professional
opinion, unsuitable or irrelevant in the context of the User’s specific
circumstances, the User may choose to provide different advice. At all times, he
User acknowledges that any advice that it provides is done so under the User’s sole
responsibility and liability, in accordance with the Vet’s physical examination
of the Pet, independent, professional judgment and the applicable laws, rules
and regulations that govern the Vet’s practice of veterinary medicine.
Where the sharing of information
or data by the Platform with the Pet Owner (including Feeding Recommendations)
is made possible, the sharing of the information or data is done by the User in
complete independence and under its sole responsibility and liability.
Moreover, the User
undertakes not to engage in acts or behaviors of any nature (in particular,
without limitation, downloading, sending, diffusion, edition, emission,
publication) which are contrary to English law, infringe third party rights,
its rules of professional ethics or the image or rights of Royal Canin.
In using the
Platform, the User undertakes (without limitation) not to: (a) deliberately download,
upload, disseminate or forward any information, data including or constituting
computer virus or any other code or computer program conceived to interrupt,
destruct, distort or limit the features of any software, computer, service or
online communication tool; (b) deliberately download, upload, disseminate or
forward any false information, illegal, inappropriate or improper content; (c) disrupt,
slow down, block or alter the normal data flow exchanged through the Platform
and the Services; or (d) reproduce, copy, sell, exchange, resell, or use to any
commercial purpose any part of the Platform or the Services.
Article 6 :
Duration and Termination
The Terms come into force for an
indefinite period as from their acceptance by the User.
reserve the right to disable your user account at any time, including if you
have failed to comply with any of the provisions of these Terms, or if
activities occur on your account which, in our sole discretion, would or might
cause damage to or impair the provision of Trainings or infringe or violate any
third party rights, or violate any applicable laws or regulations.
you would like your account deleted, please see the information at Article 6 of
these General Terms.
the event of termination by either party and for any reason whatsoever, Royal
Canin will terminate the User's access to the Platform.
– Deactivation and deletion of the Account
7.1 Deactivation of the Account
The User may
deactivate his/her Account at any moment. The deactivation of the Account does
not lead to its deletion. The User may ask to Royal Canin to reactivate his/her
Account by [include details].
Royal Canin may
also deactivate the User Account in the event of the User’s non-compliance with
the General Terms or refusal to accept the General Terms updates.
of the Account
The User may decide to delete his/her Account for any reason whatsoever
by sending a request to Royal Canin. Upon receipt of the request, Royal Canin
will delete the Account as soon as reasonably practicable.
In addition, Royal Canin will delete the User Account after 18 months of
an Account being deactivated.
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.
9.1 Royal Canin’s
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, safety or security 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 for any reason outside of its reasonable control, 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 any other Force
Royal Canin provides
information and advice related notably to the nutrition and health condition of
the Pets through the Services based on health Information provided by the User
on the Platform. Such information and advice are provided as first recommendations
and shall not, in any case, replace the Vet’s independent and professional expertise,
judgment and diagnosis. Royal Canin in not liable if the information or advice
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.
To the greatest
extent permissible under applicable laws, 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 and notably Feeding
Recommendations, errors, slowness or interruption in transmission, loss,
disappearance or alteration of data, computer virus, whatever their origin,
intrusions by third parties, etc.
Royal Canin shall not
be liable whatsoever in relation to User Content, which is provided by the User
under its sole responsibility, and in full knowledge of the facts.
above, Royal Canin shall be liable for any breach of these Terms for losses
foreseeable at the time of the conclusion of the agreement between Royal Canin
and the User.
The User is solely
responsible for (a) complying with the applicable and legally binding rules
governing veterinarian professional ethics; (b) the decision to register on the
Platform and to use the Services; (c) the diagnosis and treatment of the
medical condition and health status of the Pets (Vets solely are able to
physically examine the Pets and treat them); (d) the choice to share certain
information or recommendations provided by the Platform as part of the Services
with the Pet Owners; (e) the accuracy and reliability of the User Content
uploaded on the Platform including, but not limited to, (i) data and
information relating to the Pets, their characteristics, medical record and
state of health; (ii) data and information relating to the Pet Owners; and
(iii) where applicable, free commentaries and modification of the data
automatically provided for or calculated by the Platform as part of the
Services; (f) the execution of its own contracts with the Pet Owners; 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, including
the Feeding Recommendations.
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 the Platform or
Services; and (b) undertakes to bear all reasonable 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.
10.1 Content of
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.
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
10.2 User Content
As part of its use of the Platform, the User will be able to upload User
Content. The User grants Royal Canin and its affiliates a royalty free,
nonexclusive, worldwide license, for the entire duration of the related
intellectual property rights, to make use of the User Content for any reason in
connection with the provision of the Services. In addition, Royal Canin shall
be able to use the User Content for purpose of 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.
Personal Data Protection
11.1 Pet Owner’s
The User may upload Platform Personal Data to the Platform 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 [RC ENTITY]
are controllers (as defined under the GDPR) of the Platform Personal Data which
is acquired or shared under this Agreement:
1. the User
and [RC ENTITY] will not be acting as joint controllers (as defined under the
GDPR) of Platform Personal Data.
2. the User
and [RC ENTITY] 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 (insert URL) may be used as a
checklist to verify compliance with these requirements.
3. the User
and [RC ENTITY] 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 [RC ENTITY] will reasonably assist the other party with its own compliance
with Data Privacy Legislation where necessary.
5. the User
will immediately notify [RC ENTITY] if they know, discover or reasonably
believe that there has been a Data Security Breach relating the Platform
Personal Data and will provide reasonable assistance and cooperation to the [RC
ENTITY] in handling the Data Security Breach.
6. If a
situation arises where it is appropriate for the relationship to be properly
characterized as one of 'controller' and 'processor' (as defined under the
GDPR), this will be agreed in advance. In those circumstances, where the User
is instructed in the capacity of a ' processor' (as defined under the GDPR),
the Mars Data Processing Policy will apply.
As the party that is collecting the Platform Personal Data from the Pet
Owner, the User represents, warrants and undertakes that: (i) it has all
necessary rights, consents and legal bases to collect and share the Platform
Personal Data with the [RC ENTITY] and / or applicable third parties and to
permit such parties to process and use the Platform Personal Data in accordance
with Data Privacy Legislation: and (ii) it has provided transparency
information to Pet Owners in accordance with Data Privacy Legislation. Where required by Data Privacy Legislation,
the User shall obtain consent from the Pet Owner to collect and share their
personal data on the Platform.
The User shall indemnify and defend at its own expense [RC ENTITY]
against all costs, claims, damages or expenses incurred by [RC ENTITY] or for
which the [RC ENTITY] may become liable due to any failure by the User to
comply with any of its obligations under this Article 10 or Data Privacy
Legislation including any claims or legal action of a Pet Owner against [RC
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
The User’s personal data will be processed by [RC ENTITY] in accordance
The User acknowledges
that the User has subscribed an insurance policy with an insurance company
known to be solvent and that the User remains the holder, for the entire
duration of the Terms, of an insurance policy covering his/her professional
civil liability 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.
The User undertakes
to keep strictly confidential all information relating to Royal Canin and the
Platform, except for information that is properly in the public domain through
no action or fault of the User or that are directly intended to be shared with Pet
Owners such as the Feeding Recommendations. The User will take the necessary
measures to ensure that this obligation is respected by the Vet Practice and
confidentiality obligations will apply during the use of the Platform and for a
period of 5 years after the termination of the Terms.
Modification of the Terms
The User acknowledges
and accepts that the Platform developed by Royal Canin is an innovative tool
and will evolve in order to add, replace or remove certain features.
Royal Canin reserves
the right to amend the Terms at any time.
Upon the User’s first
log in to the Platform after the Terms have been amended, the User will be
provided with the opportunity to read and review the new Terms, and either (i)
accept; or (ii) refuse them. If the User refuses the new Terms, the User’s
access to the Platform will be deactivated and the User will not be able to use
the Services anymore.
If Royal Canin does
not take advantage of or enforce any of the provisions of the Terms, it may not
be interpreted by the User as a waiver of it.
15.2 : 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.
15.3 : Law and
The Terms (and any
non-contractual dispute arising out of or in connection with it) are governed
by English law.
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 courts of England and Wales, notwithstanding any incidental claim or
guarantee, or in the event of multiple defendants.
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
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.