STANDARD TERMS OF USE OF THE MOBILE APPLICATION
VETÕ TOUCH SAFE
These standard terms of use (hereinafter the ÒSTUÓ) set forth the terms
of use of the mobile application VetÕ Touch Safe (hereinafter the ÒApplicationÓ).
The installation and use of the Application by any user (hereinafter the
ÒUserÓ) suppose the acceptance of the STU and are accordingly governed by these
STU.
1.1.
The Application is
published by VETOQUINOL SA, a French sociŽtŽ anonyme with a share
capital of Û 29,704,755, having its registered office in 70200 Magny Vernois France, registered
with the Vesoul/Gray Commerce and Companies Registry
under the number 676 250 111 (hereinafter referred to as
ÒVŽtoquinolÓ).
1.2.
The Application is
marketed by VETOQUINOL UK LTD.
Vetoquinol House, Great
Slade, Buckingham Industrial Park,
Buckingham,
MK181PA, United Kingdom
Email address: UK_office@vetoquinol.com
Telephone number: +44
1280 814500
2.1.
The Application is
strictly reserved for Users who are veterinarians, in order to enable them to
carry out audits of pig breeding units (hereinafter the ÒAuditsÓ). The Application
is designed in order to allow for the collection of data during the physical
visit of the breeding unit by the User.
2.2.
The Application is
intended to enable its user
-
to optimise his working time with a tool dedicated to the carrying out of the Audit:
o
by facilitating
data collection, and
o
by preparing a report
-
and to base his diagnosis on:
o
a set of priorities
related to a Scoring System, having regard to the Biocheck
benchmark, developed by Ghent University (Belgium)
o
a score,
o
ease of reading
based on graphics
-
and to facilitate discussion with breeders,
o
on a real-time
basis,
o
by providing
objective evidence related to critical points
-
and to improve compliance with its recommendations
o
by clarifying
priority steps,
o
by identifying
economic advantages for the breeder,
o
by comparing
results with other breeders,
o
by securing
immediate consent,
-
and to develop the billing of new services.
2.3.
More specifically, the
Application offers an evaluation of biosafety parameters by using a questionnaire,
with the scoring system whose results are presented in the form of tables
and graphs. Such evaluation is intended to contribute to the improvement of the
biosafety factors allowing for advances in zootechnical
performances and economic results.
3.1.
The installation of
the Application requires the following on the part of the User:
-
availability of an Ipad mobile terminal running the iOS operating software (version
8 minimum and version 9 recommended) and Internet access,
-
downloading of the Application
on the App Store downloading platform,
-
acceptance of the
STU,
-
connection to oneÕs
user space by means of the identification code and password communicated by the
VŽtoquinol sales representative.
3.2.
The access to and
use of the Application are systematically conditional on the entering of the
UserÕs identification code and password. Such identification code and password are
strictly personal, and the User is responsible for taking all steps in order to
protect the confidentiality thereof. Any access to and use of the Application by
means of the UserÕs identification code and password shall be deemed
attributable to the User.
4.1.
Any User wishing to
make use of the Application must review the STU and accept the terms thereof.
4.2.
By clicking on the icon
entitled ÒAcceptation of the
Standard terms of use and declarationÓ, the User
acknowledges its adherence to these STU, its acceptance with the terms thereof,
and its agreement to comply with the STU.
4.3.
VŽtoquinol reserves
the right to amend and update the STU at any time and without any prior notice,
it being specified that the applicable STU are the STU in effect at the time of
their acceptance.
5.1.
The Application is accessible
according to two modes.
-
A trial mode enabling
the User to access the Application for a period of 3 (three) months, in order
to carry out 10 (ten) Audits. At the end of this period of 3 (three) months, the
access to the Application is terminated, and the User loses the benefit of the Audits
that he has not carried out during the said period. The User may subscribe only
once for the trial period. At the end of the period of 3 (three) months, the
User may subscribe to the service below.
-
A Subscription mode
enabling the User to access the Application for a maximum period of 1 (one) year,
in order to carry out a certain number of Audits determined upon subscription.
At the end of the said period of 1 (one) year, the access to the Application is
terminated, and the User loses the benefit of the Audits that he has not
carried out during the said period. Each User may renew the subscription to the
Subscription service only at the end of the period of 1 (one) year or only once
the User has carried out all the Audits to which he subscribed in a maximum
period of 1 (one) year.
5.2.
The User agrees:
-
to use the Application
solely for the purposes for which it is intended,
-
to use the
Application in compliance with the STU,
-
not to make the Application
accessible to any third party, in any form whatsoever.
5.3.
If the data
collection forms are not filled in, it will not be possible to register the User
or to use the relevant feature.
6.1.
The
user space is automatically deactivated at the end of the Subscription.
6.2.
The
user may remove his user space at any time, upon request to VŽtoquinol. Such
removal is definitive.
6.3.
VŽtoquinol
reserves the right to eliminate the UserÕs account without prior notice and
terminate the STU and/or from the Subscription contract in case of violation by
the User of Clauses 5.2, 10.3 and 11.3 of the STU, without any right for the User
to claim any losses or damages which it may incur as a result. VŽtoquinol 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 STU by the User.
7.1.
The trial service
is made available free of charge for ten (10) Audits.
In consideration for the
attainment of the product purchase commitments determined in Appendix 1, the Subscription
service is available free of charge.
7.2.
Once the User has selected
the Subscription service, the access to and use of the ApplicationÕs features, within
the limit of the number of Audits corresponding to the subscribed formula,
shall not give rise to any charge other than the cost of the subscription with
a telephony operator and the costs of connection to the Internet.
8.1.
VŽtoquinol shall
make its reasonable efforts to monitor and correct any bugs likely to affect
the Application.
8.2.
VŽtoquinol shall
make its reasonable efforts to ensure the ongoing maintenance of the Application
in order to ensure its compatibility with the new versions of the iOS operating
software.
8.3.
Such maintenance services
shall be provided by making available new versions of the Application that the
user shall be asked to download.
9.1.
The limitations on
liability set out in this clause 9 are subject to clause 9.9.
9.2.
VŽtoquinol shall
not be held liable for any consequences possibly resulting from the
interpretation of the results generated by the Application or for the use of
such results by the User or by any third party.
9.3.
VŽtoquinol shall
not be held liable for any direct or indirect damage (in particular loss of
profits, loss of data, loss of business opportunity), possibly resulting from
the access to or use of the Application or any information or results contained
therein, regardless of their nature. VŽtoquinol 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 Application.
9.4.
VŽtoquinol 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 or any property in relation
to the connection and/or perusal and/or use of the Application. The User shall
be responsible for taking any appropriate steps in order 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 Application.
9.5.
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.
9.6.
The User
acknowledges that VŽtoquinol 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 Application, and in particular any access, availability and network throughout
issues liable to prevent access to the Application or to materially slow down
access to the Application and affect the response times necessary in order to
display, peruse, query or transfer data.
9.7.
The User
acknowledges that his equipment is connected to the Internet under his sole
liability and that accordingly VŽtoquinol shall in no event be held liable for
any damage that may occur during his connection.
9.8.
As a consequence, the
User, having full knowledge of the foregoing, agrees not to hold VŽtoquinol liable
on account of any of the circumstances or events referred to above.
9.9.
Nothing in this STU
shall limit VŽtoquinolÕs liability for:
9.9.1. death or personal injury caused by VŽtoquinolÕs
negligence; or
9.9.2. fraud or fraudulent misrepresentation.
10.1.
The User agrees to indemnify
and hold VŽtoquinol, as well as any and all persons involved in the creation
and development of the Application, free and harmless against any claim,
liability, expense or cost resulting from the violation of these STU or related
to the use of the Application.
10.2.
The User agrees to
enter solely accurate data into the Application. 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 VŽtoquinol 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 VŽtoquinol on account of any use of the Application,
whether or not the said use is lawful. In the cases referred to above, the User
agrees to indemnify and hold VŽtoquinol free and harmless, including but not
being limited to any reasonable attorney fees that VŽtoquinol has been
compelled to incur, in the event that VŽtoquinol is ordered to pay any damages.
11.1.
Except as regards
the data filled in by the User, under these STU, the Application 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 Application
are the exclusive intellectual property of VŽtoquinol or any third party with
which VŽtoquinol has executed agreements allowing for the use of such
intellectual property.
11.2.
VŽtoquinol grants
to the User, in respect of the Application, a non-exclusive, strictly personal
and non-transferrable license, solely for the purposes of his use in accordance
with the ApplicationÕs intended purpose. Such license shall be effective from
acceptance of the STU by the User and is granted solely for the term of the
Subscription.
11.3.
The User does not
have any right in or to the Application, save for a sole right of use. The User
does in particular not have any right to reproduce, circulate or more generally
exploit the Application by any means whatsoever, save with VŽtoquinolÕs
express prior consent.
12.1.
When personal data or
sensitive personal data originating from or relating to the UserÕs customers or
third parties are filled in by the User, the User is responsible for giving
notice to the said person and for seeking such third partyÕs consent and shall
indemnify VŽtoquinol against any claims, liability and costs incurred by VŽtoquinol
which arise as a result of a breach by the User of this clause 12.1.
12.2.
The personal data (or
any sensitive personal data) relating to the User which is collected in
connection with the creation of the personal space or the UserÕs use of the
Application are intended for the purposes of the commercial relationships
between VŽtoquinol and the User and in order for VŽtoquinol to provide the
Application and to allow for the use of the ApplicationÕs features by the User.
Such personal data (or sensitive personal data) may also be used for
statistical purposes. The personal data (or sensitive personal data) that a
User provides that relates to the UserÕs customers or third parties may not be
used for commercial purposes. Certain anonymized data are transferred to the
University of Ghent strictly for research purposes.
12.3.
The User has a
right of access, modification, correction and removal of information that
VŽtoquinol holds about them. The User may exercise each of the said rights at
any time by means of the email address mentioned in 1.2 above.
13.1.
VŽtoquinol shall
make its reasonable efforts so that the Application and the results of each Audit
shall be accessible round the clock seven days a week.
13.2.
The Application may
be inaccessible in particular in case of force majeure, breakdown or maintenance
operations that VŽtoquinol may carry out at any time without any prior notice.
14.1.
The STU and any
dispute or claim arising out of or in connection with the STU or its subject
matter shall be governed by and construed in accordance with the laws of
England and Wales.
14.2.
The User and VŽtoquinol
agree that the courts of England and Wales shall have non-exclusive
jurisdiction to settle any dispute or claim that arises out of or in connection
with the STU or its subject matter or formation (including non-contractual
disputes or claims).
The Application is
published by:
Vetoquinol S.A.
A French sociŽtŽ anonyme with
a share capital of Û 29,704,755
Registered
office: 70200 Magny Vernois,
France
Registered
with the Vesoul/Gray Commerce and Companies Registry
under the number 676 250 111
VAT number: FR 01 676 250 111
Telephone: +
33 3 84 62 55 55
Email: communication.group@vetoquinol.com
Publication
Manager: Mr. Etienne Frechin, Chairman
The
Application is hosted by:
Corporate
name: CIMEOS KENUA ICOVA FORMEOS
Registered office: 6,
rue de la Batterie, 90400 Sevenans, France
Telephone:
09 72 30 72 30
Email:
www.kenua.com