Royal Start

Terms of Use - Breeders

ROYAL CANIN SAS, having its registered office at 650, avenue de la Petite Camargue, 30470 AIMARGUES, FRANCE (« Royal Canin ») and represented in South Africa by its local entity ROYAL CANIN South Africa (Pty) Ltd (« Royal Canin South Africa») 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 AND USING THE PLATFORM, YOU EXPRESSLY AGREE TO THE FOLLOWING TERMS AND CONDITIONS:


DEFINITIONS:

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 of the Breeder, consisting of breeding animals, litter, or young single animals born to the Breeder's cats and dogs

Account Admin means the person in a Breeding Facility who is responsible for managing and granting access to the Breeder Account to other team members of the Breeding Facility.

Breeder means a natural person or a Breeding Facility, having a cats and/or dogs breeding activity, and having executed an agreement (the “Breed Agreement”) currently running with Royal Canin South Africa.

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 data in connection with this Agreement, including without limitation data protection legislation enacted in South Africa and 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 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.

Breeder Account means the Breeder’s private account allowing the User to access the Platform and use the Services after acceptance of these Terms of Use.

Breeding Facility means a legal entity registered with the Platform where one or more Breeders and employees exercise their cats and/or dogs breeding activity.

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 services on our behalf under these Terms of Use.

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.

Services: means the specific applications designed to support Breeders’ breeding activity which are available on the Platform and subject to these Terms of Use, such as described in Article 3 below.

Terms of Use means the general conditions applicable to registration on Platform and use of all Services provided thereof.

User means a Breeder entitled to use the Platform either through a direct agreement with Royal Canin South Africa, 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

Registration and navigation on the Platform, as well as use of the Services, are subject to the full acceptance of these Terms of Use by the User.

These Terms of Use form a contract between Royal Canin South Africa and the User.

If the User refuses to be contractually bound by the Terms of Use, the User may not use the Services.

The Terms of Use are available at any time on the Platform.

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 South Africa.
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 South Africa (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 South Africa 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 South Africa 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 South Africa by e-mail and (ii) immediately stop using the Platform.

Any natural person registering on behalf of a Breeding Farm 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 South Africa and/or its direct or indirect holding, subsidiary, fellow subsidiary and/or affiliate companies.

2.2 Access to the Platform

As soon as the User accepts the Terms of Use, the User (a) may access the Platform via the Breeder Account, using a 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 to or used by 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 any operations carried out via the Breeder Account. Any connection to the Breeder Account and/or transmission of data made using the Breeder Account will be deemed to have been made by the holder of said account and under the User’s sole responsibility. In the event of fraudulent use of the User’s password and/or log in, the User undertakes to inform Royal Canin South Africa 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 Breeder Account to Users among the Breeding Facility. It is acknowledged that only a natural person performing a breeding activity can be granted an access to the Platform. By way of exception, other team members of the Breeding Facility may access to the Platform, exclusively on behalf and under the strict supervision and liability of the Breeder.

The holder of the Breeder Account is fully responsible for any use of the Breeder Account and warrants and represents that the User undertakes to make proper use of the Platform and to comply with these Terms of Use.

At any time and upon request to Royal Canin South Africa, 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 South Africa 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 South Africa and/or its direct or indirect holding, subsidiary, fellow subsidiary and/or affiliate companies 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; (ii) create and manage tasks and (iii) communicate with the Pet Owner.
3.2.1 Management of information about Animals
The User can use the Platform to register either a newborn Animal, a breeding Animal or a Breeder's litters.
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 (the “Profile”). User can create a Profile for a breeding Animal, litter and/or young, single Animal as part of a litter, it being noted that a breeding female must be added before creating a Profile for 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 Breeder's puppies or kittens.
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 South Africa.
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 South Africa 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 South Africa 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
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.
e) Public website
The User may activate his breeding public website and share the link to it to provide the public with information on available litters, as well as his contact information.

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 canceled, 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 South Africa 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 South Africa 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 South Africa and/or its direct or indirect holding, subsidiary, fellow subsidiary and/or affiliate companies will not be liable for 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 laws, 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 South African law, infringe any third party’s rights, the professional rules governing any breeding activity or the image, reputation or rights of Royal Canin South Africa and/or its direct or indirect holding, subsidiary, fellow subsidiary and/or affiliate companies.

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.

Article 5 : Duration and Termination

The Terms of Use come into force for an indefinite period as from their acceptance by the User.

Each party has the right to terminate the Terms of Use for any reason whatsoever (except in the event of termination for breach or misconduct referred to below) by written notification including e-mail to the other party upon thirty (30) days' notice.

In case of a breach or misconduct by the User of one of its obligations under the Terms of Use, Royal Canin South Africa can, after sending, by email, a formal notice to remedy this breach and if it has not been remedied with a eight (8)-day delay following this notice, deactivate his/her/its access to the Platform.

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 South Africa will terminate the User's access to the Platform at the end of the notice period. Therefore, the Breeder must take all reasonable measure to download the information available on the Platform before the end of the notice period.

Royal Canin South Africa reserves the right to deactivate the access of the User to the Platform, without prior notice, formality, or indemnification if a court order requests to do so, or if a force majeure event occurs.

Article 6 : Financial Conditions

Fees for use of the Platform are not charged by Royal Canin South Africa to the User. However, fees for certain future functionalities might be charged by Royal Canin South Africa to the holder of the Breeder Account in accordance with the special conditions governing such functionalities.

Article 7 : Loyalty Program


Not relevant in South Africa.

Article 8: Liability

8.1 Royal Canin Group’s liability

Royal Canin South Africa and/or its direct or indirect holding, subsidiary, fellow subsidiary and/or affiliate companies 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.

Royal Canin South Africa and/or its direct or indirect holding, subsidiary, fellow subsidiary and/or affiliate companies 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 South Africa and/or its direct or indirect holding, subsidiary, fellow subsidiary and/or affiliate companies 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 South Africa and/or its direct or indirect holding, subsidiary, fellow subsidiary and/or affiliate companies 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

Royal Canin South Africa and/or its direct or indirect holding, subsidiary, fellow subsidiary and/or affiliate companies 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 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 South Africa and/or its direct or indirect holding, subsidiary, fellow subsidiary and/or affiliate companies 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 South Africa and/or its direct or indirect holding, subsidiary, fellow subsidiary and/or affiliate companies 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 South Africa and/or its direct or indirect holding, subsidiary, fellow subsidiary and/or affiliate companies 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 South Africa and/or its direct or indirect holding, subsidiary, fellow subsidiary and/or its affiliate companies, or are subject to licenses and/or authorizations granted to them by third parties.

The User is only authorized to use the Platform and its content in accordance with the Terms of Use. 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 South Africa.

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 direct or indirect holding, subsidiary, fellow subsidiary and affiliate companies 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 South Africa and its direct or indirect holding, subsidiary, fellow subsidiary and affiliate companies 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 South Africa and/or its direct or indirect holding, subsidiary, fellow subsidiary and/or affiliate companies harmless from any claim or legal action of a third party related to their use of the User Content within the scope of the license.

Article 10 : Personal Data Protection

10.1 Pet Owner’s Personal Data

In the context of the sale and/or booking of an Animal, the User is free to register in the Animal’s Profile certain personal data 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 South Africa may each be considered controllers of the personal data which is acquired or shared under this Agreement:

1. the User and Royal Canin South Africa will not be acting as joint controllers.

2. the User and Royal Canin South Africa 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/about/policies-and-practices/data-processing) may be used as a checklist to verify compliance with these requirements.

3. the User and Royal Canin South Africa 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 South Africa 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 South Africa 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 'data controller' and 'data processor', this will be agreed in advance. In those circumstances, where the User is instructed in the capacity of a 'data processor', 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 South Africa 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.

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 laws and rules on the mandatory information to be provided to data subject prior to the collection of their Personal Data, and, where applicable, the laws and rules relating to prior consent.

The User shall be responsible to ensure that the period of retention of the Pet Owner’s Personal Data 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 Data 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 Data on behalf of Royal Canin South Africa and/or its direct or indirect holding, subsidiary, fellow subsidiary and/or affiliate companies and shall indemnify, defend and hold Royal Canin South Africa and its direct or indirect holding, subsidiary, fellow subsidiary and/or affiliate companies harmless in case of any claim or legal action from a Pet Owner in relation to any use of his/her 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 Privacy Statement https://www.mars.com/privacy

10.2 User’s Personal Data

The User’s personal data will be processed in accordance with the Mars Privacy Statement https://www.mars.com/privacy.


Article 11 : Insurance

The User acknowledges that he/she/it has subscribed to 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 Use, 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 South Africa at any time.

Article 12 : Confidentiality

The User undertakes to keep strictly confidential all information relating to Royal Canin South Africa and/or its direct or indirect holding, subsidiary, fellow subsidiary and/or affiliate companies and/or 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, agents and employees of the Breeding Farm and by any subcontractors.

The User’s confidentiality obligations will apply during the use of the Platform and for a period of 5 years after the termination of these Terms of Use.

Article 13: Modification of the Terms of Use
The User acknowledges and accepts that the Platform developed by Royal Canin SAS is an innovative tool and will evolve in order to add, replace or remove certain features.

Royal Canin South Africa reserves the right to amend the Terms of Use at any time.

Upon the User’s first log on to the Platform after the Terms of Use have been amended, the User will be provided with the opportunity to read and review the new Terms of Use, and either (i) accept; or (ii) refuse them. If the User refuses the new Terms of Use, the User’s access to the Platform will be deactivated and the User will not be able to use the Services anymore.

Article 14 : Final Provisions

14.1 : General Provision

If Royal Canin South Africa does not take advantage of or enforce any of the provisions of the Terms of Use, it may not be interpreted by the User as a waiver of it.

The Terms of Use (as amended by Royal Canin South Africa 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 of Use. Royal Canin South Africa 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 South Africa in terms of Article 13 or otherwise in writing and signed by or on behalf of Royal Canin South Africa.

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 South Africa.

14.2 : Independence of the Parties

Royal Canin South Africa 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

These Terms of Use are governed by the laws of South Africa.

Any dispute between Royal Canin and the User arising out of the interpretation, execution or termination of these Terms of Use which cannot be resolved amicably shall be settled by the competent courts of South Africa notwithstanding any incidental claim or guarantee, or in the event of multiple defendants.

Special Conditions of Use
Service: Recommendation Portal

If the Service described in these Special Terms is available to the User on the Platform, these Special Terms shall apply in addition to the Platform's General Terms and Conditions set out above.

Royal Canin provides a Service on the Platform to make a nutritional recommendation after an Animal has been reserved/booked.

BY USING SUCH SERVICE, THE USER EXPRESSLY AGREES TO THE FOLLOWING TERMS:

Article 1 - Description of the Service

As part of the Platform, Royal Canin provides a service, called the "Recommendation Portal", aimed at making a nutritional recommendation after the reservation/booking of an Animal (the "Service").

To use the Service, the User indicates that an Animal has been reserved/booked by a Pet Owner and decides to make a nutritional recommendation for that Animal. The User can either select the products to be recommended from the product catalogue, selecting filters based on the characteristics of the Animal, or use the tool to find the relevant products for the Animal, indicating the characteristics of the Animal. The User can select one or more products and send the recommendation to the Pet Owner ("Nutritional Recommendation").

Article 2 - Acceptance of the Special Conditions

The Service is governed by these Special Terms and Conditions, which must be read carefully and accepted by the User when he/she/it first accesses the Platform. The Special Terms and Conditions supplement the Platform's General Terms and Conditions, which are directly applicable to the Service.

Article 3 - Liability for the Nutrition Recommendation

In addition to Article 8 in the Platform's General Terms and Conditions, with regard to the Nutritional Recommendation :

- Royal Canin South Africa and its direct or indirect holding, subsidiary, fellow subsidiary and/or affiliate companies is not responsible or liable in any way for the Nutritional Recommendation which is made on the basis of the information provided and/or selected by the User;
- The User is solely responsible for the Nutritional Recommendation, as well as for any actions and advice derived or given by the User to the Pet Owner