WEBSITE GENERAL CONDITIONS OF USE
VERSION OF 01/03/2021
https://store.uk.virbac.com (“SITE”), owned and operated by VIRBAC, presents VIRBAC’s products and offers the user of the SITE (“USER”) the ability to purchase them. The SITE also presents some general information pertaining to VIRBAC, its products and services.
The use of the SITE is subject to prior acceptance of, and compliance with, the present Website General Conditions of Use (“GCU”), and prior acknowledgement of the Legal Notices.
Please be sure to read the terms in the General Conditions of Use carefully.
1. Subject and Terms
The purpose of these General Conditions of Use is to define the conditions of access and use of the SITE by the USER.
The present GCU govern the entire relations between VIRBAC and the USER with regard to the use of the SITE.
The present GCU must be read and accepted without reservation before the USER may access the SITE and they are concluded, following their acceptance, for the entire duration of the USER’s use of the SITE, unless provided otherwise in the present GCU or the General Conditions of Sale, if applicable.
2. Access and Availability
Access to and use of the SITE requires:
- an adequate broadband internet connection;
- the use of a suitable access terminal (computer or other).
The USER shall be liable to pay the connection and equipment charges associated with access to the internet/any network and the use of the SITE.
By the present these General Conditions of Use, the USER acknowledges having the necessary skills and means to access and use the SITE.
The medium of the USER allowing access to the SITE, including its security, is the exclusive responsibility of the USER, in the same way as the costs incurred by their use.
VIRBAC undertakes to make its best efforts to ensure that the SITE is accessible to the USER 24 hours a day, 7 days a week. However, VIRBAC declines all liability in the event of unavailability of the SITE for any reason whatsoever (particularly during maintenance periods).
VIRBAC may under no circumstances be held liable for the reliability of data transmission, access times or any restrictions on access to the Internet network or the networks connected to it.
The USER declares that he accepts such risks and limits of the Internet.
The USER is likewise informed that VIRBAC may decide, at any time and without notice, to change the functionalities offered by the SITE and to cease offering the SITE, subject to the provisions of the General Conditions of Sale.
Accessing certain contents or parts of the SITE may require registration and the creation of an account by the USER.
For such a creation, the USER enters an email address and a password chosen by them.
Each USER is responsible for the storage and use of their password. In the event of loss or disclosure to an unauthorised third party, the USER undertakes to inform VIRBAC immediately.
In case of non-compliance of the aforementioned obligations or any other provisions of the GCU by the USER, the access to the SITE may be, immediately, temporarily or definitively suspended or closed by means of the deactivation or deletion of the USER account, thus without prejudice to any other rights of VIRBAC and to any provisions of the General Conditions of Sale applicable.
At any time, the USER may request the closure of his account, without having to justify any reason, subject to compliance with his obligations under the General Conditions of Sale if they are applicable.
A confirmation of such a closure will be sent to the USER by email.
4. Use of the Service
The User has, on a personal, non-exclusive and non-transferrable basis, a right to access and to use the SITE.
This right of use allows the USER to use the SITE for their own needs.
The USER must not use the SITE for any purpose that is unlawful or contrary to these General Conditions of Use.
The USER undertakes not to hinder, in any way whatsoever, the proper functioning of the SITE, in particular, not to block or alter the normal flow of data, not to fraudulently access, disrupt or modify the information system of the web application or all of its data.
In particular, the USER notably agrees not to:
- disturb or interrupt the access to or operation of the SITE or the servers or networks connected to the SITE, or infringe the requirements, procedures, rules or regulations of the networks connected to the SITE;
- attempt to damage any user, host or network, this being deemed to include – without being restricted to – voluntarily or by negligence exposing the SITE to a virus, creating congestion or flooding the server;
- attempt to access data not intended for the USER or to enter a server or account to which the USER is not authorised to have access;
- steal the identity of another person;
- attempt to sound out, scrutinise or test the vulnerability of a system or a network, or to infringe the security or authentication measures without having been duly authorised to do so;
- carry out any activity, or incite a third party to carry out any illegal activity or any other activity which might harm the rights of VIRBAC, its subsidiaries, its resellers, its partners, its investors, its clients or any other user;
- transmit or transfer, by any means whatsoever, information or software derived from the SITE, specifically to any person not authorised expressly or otherwise by the GCU or the General Conditions of Sale and/or in breach of an applicable national or international law or regulation.
VIRBAC cannot be held liable in the event of misuse of the SITE by the USER. The USER is solely liable for any damage which might result from improper use of the SITE.
VIRBAC will use reasonable efforts to include accurate and up-to-date information on the SITE.
However, considering the rapid evolution of VIRBAC activities and products, VIRBAC makes no warranties or representations as to its accuracy. The USER agrees that all access and use of the SITE and the content thereof is at its own risk.
More generally, the documents, information, data or elements presented on the SITE are purely indicative, with no guarantee of any kind other than that given by VIRBAC as part of the GCU or the General Conditions of Sale, which the USER recognises.
In particular, if VIRBAC could give information or advice on nutrition, animal health or the use of VIRBAC products, it is only on an indicative basis. For any question, additional information or advice pertaining to products, the USER is invited to contact his veterinary surgeon or VIRBAC directly.
VIRBAC reserves the possibility to modify and/or delete the content of the SITE at any time and without prior notification to the Users within the limits of the terms in the present GCU and the General Conditions of Sale.
5. Other obligations/responsibility of the USER
In addition to the obligations falling to them elsewhere pursuant to the GCU, the USER undertakes to abide by the clauses in the present article.
The USER undertakes to indemnify VIRBAC in the event of a complaint, legal action or proceedings or a conviction against the latter resulting from non-compliance by the USER with the General Conditions of Use.
The USER undertakes to abide by the present GCU throughout the duration of the use of the SITE and, where applicable, beyond that time in specific cases listed in the present General Conditions of Use and/or in the General Conditions of Sale or the applicable law.
The USER shall, under his/her sole responsibility, supply the information demanded as part of the SITE and required for access to/use of certain parts of the SITE.
In general, the User is solely liable for the quality, legality, relevance and updating of the data, declarations and content which he/she transmits/makes for the purposes of and within the context of the use of the SITE.
6. Intellectual Property Rights
The SITE as well as each of its contents, in particular the computer programs and the contents including data, text, images, sounds, graphics, files, are the exclusive property of VIRBAC or third parties who have granted it intellectual property rights. Any total or partial representation and/or reproduction of the SITE or any of the content without the express authorization of VIRBAC is prohibited and could constitute an infringement punishable under the local law.
The databases are protected by law. Any qualitatively or quantitatively substantial extraction or reuse of the contents of these databases could be sanctioned.
The brands appearing on our website are trademarks registered by VIRBAC or by third parties. Any reproduction, imitation or use, in whole or in part, of these trademarks without express authorization is strictly forbidden. Furthermore, the other distinctive signs, in particular company names, trade names, signs, domain names, as well as copyrighted works/materials, reproduced on the website are the property of VIRBAC or third parties and any use or reproduction without VIRBAC’s express authorization. In such a case, the USER may engage its responsibility and VIRBAC reserves the right to initiate legal proceedings for the preservation of its rights.
7. Hypertext links/data coming from third-party servers or sources
The SITE may include links to internet sites or other internet sources/networks, as well as data/information coming from third-party servers.
To the extent that VIRBAC cannot verify such third-party servers, internet sites and external sources/networks, it cannot be held liable for such third-party servers, internet sites, external sources or networks being made available, and its liability can under no circumstances be invoked by virtue of the content, advertising, products, services or any other information or data available on or from such third-party servers, external sources or internet sites.
Moreover, VIRBAC cannot be held liable for any damage or proven or claimed losses following or in relation with use or the fact of having trusted the content/data/results available on such third-party servers, external sources or internet sites.
Any creation of links to the SITE and, in general, any use of an element forming part of the said SITE is subject to the prior express authorization of VIRBAC, which may be revoked at any time at its sole discretion. VIRBAC reserves the right (i) to demand the removal of any link to the SITE which has not been, or is no longer, authorised, and (ii) to demand compensation for the damage suffered as a result.
VIRBAC reserves the right to modify, supplement and/or delete, and more generally to update, all or part of these General Conditions of Use at any time. VIRBAC will inform the USER of such modification on the home page of the SITE at least 30 days before until such relevant amendments come into force.
In any case, the USER is therefore invited to consult the GCU regularly.
9. Jurisdiction and Applicable Law
The SITE and the GCU are governed by United Kingdom law, subject to the provisions that cannot be derogated from by agreement under the law applicable to the USER.
Any dispute relating to the SITE shall be subject to the jurisdiction of the United Kingdom courts, subject to the provisions that cannot be derogated from by agreement under the law applicable to the USER.