General Terms of Use
Date of the last update: May 27st; 2019
These General Terms of Use (hereinafter the “GTU”) set forth the terms of use of the website https://www.achievebettermilktogether.com (hereinafter the “Website”).
The consultation and use of the Website by any user (hereinafter the “User”) suppose the acceptance of the GTU and are accordingly governed by these GTU.
1.IDENTIFICATION
The website is published by VETOQUINOL S.A., a French “société anonyme” with a share capital of € 29,704,755, having its registered office in Magny-Vernois, 70200 Lure, France, registered with the Vesoul/Gray Commerce and Companies Registry under the number 676 250 111 (hereinafter referred to as “Vetoquinol”).
2.OBJECT OF THE WEBSITE
The Website is reserved for the Veterinary User or veterinary clinic staff. It provides free access to information on Vetoquinol’s range of products and news, as well as access to services, documents and tools.
The information provided on the Website does not constitute a veterinary consultation and is not intended to establish a diagnosis nor to replace the consultation or diagnosis of a veterinarian.
3.LINKS TO THIRD-PARTY SITES
3.1.The links or references to third-party sites available from the Website are not making part of the website https://www.achievebettermilktogether.com.
3.2.Vetoquinol shall in no case be held liable for the content of the Internet sites that the Website refers to, nor for any damages which might result from the use of these third-party sites.
4.ACCESS TO THE WEBSITE
4.1.The consultation and the use of the Website requires the following on the part of the User:
-availability of an equipment connectable to the Internet,
-availability of an Internet access,
-acceptance of the GTU,
4.2.The consultation and the use of the Website requires the creation of a personal space. The access to and use of the personal space are systematically conditional on the entering of the User’s email address entered when creating the personal space and the password defined by the User. Such credentials are strictly personal, and the User is responsible for taking all necessary measures to protect the confidentiality thereof. Any access to and use of the Website with the User’s credentials shall be deemed attributable to the User himself.
5.ACCEPTANCE OF THE GTU
5.1.Any User wishing to consult and make use of the Website must review the GTU and accept the terms thereof.
5.2.The consultation and the use of the Website are conditional on the explicit acceptance of the GTU by the User.
5.3.Vetoquinol reserves the right to amend and update the GTU at any time without any prior notice, it being specified that the applicable GTU are the GTU in force at the date of the last update indicated above.
6.USE AND CONTENT OF THE WEBSITE
6.1.The User agrees:
-to use the Website solely for the purposes for which it is intended,
-to use the Website in compliance with the GTU.
6.2.The User agrees not to make the personal space accessible to any third party, in any form whatsoever.
6.3.Vetoquinol reserves the right to modify or delete any content of the Website and to suspend or terminate access to the Website.
7.REMOVAL OF THE USER SPACE
7.1.The User may remove its User space at any time, directly from the Website in the “My Account” tab or upon request to Vetoquinol by completing the contact form. Such removal is definitive.
7.2.Vetoquinol reserves the right to eliminate the User’s account without prior notice in case of violation of the GTU by the User, without any right for the User to claim any indemnification whatsoever. Vetoquinol may use the said right without prejudice to its right to claim damages in order to make whole any loss suffered because of the violation of the GTU by the User.
8.OPTIONAL SERVICES
8.1.The User may subscribe to the newsletter set up by the Website and receive free electronic information concerning Vetoquinol’s products and news as well as personalized documentation.
8.2.The User may unsubscribe from the newsletter at any time, directly from the Website in the “My Account” tab or by clicking on the link provided for this purpose and included in each information email sent to the User.
9.VETOQUINOL’S LIABILITY
9.1.Vetoquinol shall not be held liable for any direct or indirect damage (in particular loss of profits, loss of data), possibly resulting from the access to or use of the Website or any information or results contained therein, regardless of their nature. Vetoquinol disclaims any liability as regards the advisability of the decisions and the implementing mode thereof, as selected by the User in sole reliance on the information and results generated by the Website.
9.2.Vetoquinol disclaims any liability in case of damage suffered by the User in particular (but without limitation) because of the loss, deterioration or alteration of files, transmission of viruses that might affect its computer equipment/device or any property in relation to the connection and/or perusal and/or use of the Website. The User shall be responsible for taking any appropriate measures to protect its own data and its own equipment for any contamination by viruses or from any attempted trespassing of its IT system by third parties through the Website.
9.3.The User acknowledges that the technical reliability of data transmissions on the Internet is relative and that the data are not protected against a possible misappropriation. Under such conditions, the communication of passwords, identification codes or other confidential data and more generally any sensitive information is made by the User under his sole responsibility.
9.4.The User acknowledges that Vetoquinol may not be held liable for the operating conditions of the Internet, which can have an impact on the access to and use of the Website, and in particular any access, availability and network throughout issues liable to prevent access to the Website or to materially slow down access to the website and affect the response times necessary in order to display, peruse, query or transfer data.
9.5.The User acknowledges that his equipment is connected to the Internet under his sole liability and that accordingly Vetoquinol shall in no event be held liable for any damage that may occur during his connection.
9.6.As a consequence, the User, having full knowledge of the foregoing, agrees not to hold Vetoquinol liable on account of any of the circumstances or events referred to above.
10. USER’S WARRANTIES
10.1.The User agrees to indemnify and hold Vetoquinol, as well as any and all persons involved in the creation and development of the Website, free and harmless against any claim, liability, expense or cost resulting from the violation of these GTU or related to the use of the Website.
10.2.The User agrees to enter solely accurate data into the Website. Any and all items of information and data shall be transmitted by the User under his sole responsibility, and the User agrees to indemnify and hold Vetoquinol free and harmless against any and all damage possibly resulting from such transmission.
10.3.The User shall be solely liable for any damage or direct or indirect loss, whether tangible or intangible caused by himself to Vetoquinol on account of any use of the Website, whether or not the said use is lawful. In the cases referred to above, the User agrees to indemnify and hold Vetoquinol free and harmless, including but not being limited to, any reasonable attorney fees that Vetoquinol has been compelled to incur, in the event that Vetoquinol is ordered to pay any damages.
11. INTELLECTUAL PROPERTY
11.1.Except as regards the data filled in by the User, under these GTU, the Website and all of its constitutive elements, and in particular (but without limitation) any computer programs, databases, visual elements, texts, graphs, photographs, images, trademarks, logos, miscellaneous creations and works capable of being protected, etc., whether registered or not, and more generally any information included on the Website are the exclusive intellectual property of Vetoquinol or any third party with which Vetoquinol has executed agreements allowing for the use of such intellectual property.
11.2.Vetoquinol grants to the User, in respect of the Website, a non-exclusive, strictly personal and non-transferrable license, solely for the purposes of his use in accordance with the Website’s intended purpose.
11.3.The User does not have any right in or to the Website, save for a sole right of use. The User does in particular not have any right to reproduce, circulate or more generally exploit the Website by any means whatsoever, save with Vetoquinol’s express prior consent.
12. MAINTENANCE
Vetoquinol shall make its best reasonable efforts to monitor and correct any bugs likely to affect the website.
13. AVAILABILITY OF THE WEBSITE
13.1.Vetoquinol shall make its best reasonable efforts so that the Website shall be accessible round the clock seven days a week.
13.2.The Website may be inaccessible in particular in case of force majeure, breakdown or maintenance operations that Vetoquinol may carry out at any time without any prior notice.
14. GOVERNING LAW AND JURISDICTION
14.1.The GTU and any dispute or claim arising out of or in connection with the GTU or its subject matter shall be governed by and construed in accordance with the laws of France.
14.2.The User and Vetoquinol agree that the courts of Vesoul, France, shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the GTU or its subject matter or formation (including non-contractual disputes or claims).
15. LEGAL NOTICES
15.1.The Website is published by:
Corporate name: Vetoquinol S.A.
A French company with a share capital of € 29,704,755
Registered office: Magny-Vernois, 70200 Lure, France
Registered with the Vesoul/Gray Commerce and Companies Registry under the number 676 250 111
Telephone: + 33 3 84 62 55 55
Email
Publication Manager: Mr. Etienne Frechin, Chairman
15.2.Le Website is hosted by:
Corporate name: CIMEOS KENUA ICOVA FORMEOS
Registered office: 6, rue de la Batterie, 90400 Sevenans, France
Telephone: +33 9 72 30 72 30
www.kenua.com