Terms of Use

The website is provided by Boehringer Ingelheim Animal Health South Africa (Pty) Ltd Co. Reg. No. 1997/022402/07 (“we” or “Boehringer Ingelheim”).  Any conflicting general terms and conditions shall be invalid. The following terms and conditions of use (“Terms of Use”) apply in their current version for each access to and each use of this website by Boehringer Ingelheim by you as the user (“you” or the “user”) regardless of the place of access. You are not allowed to use this website unless you agree with these Terms of Use.

Addressees of this website
This website https://nexgard.co.za (Website) is intended to be a South African resource for information related specifically to the NexGard brand family, namely NexGard® and NexGard Spectra® respectively. Accordingly, the content provided is South African in nature with respect to disease prevalence, and product information that is based on local registrations and claims received. The website is intended to target users in South Africa specifically. Please be aware that animal health products (including veterinary medicines and veterinary medical products) may have different product registrations in various countries and different product labelling or product information may apply on a country-by-country basis. Hence, country-specific information may apply or be more relevant to you depending on your location. In particular, the information provided about the approval status and labels of approved products may vary from country to country; and country-specific information may be available in the relevant country.
Please note that this website is not intended for users outside of South Africa. 
Certain sections or Features (as defined below), or the whole of this website, may only be/become intended for specific users (e.g. for entrepreneurs or for veterinarians or persons permitted to supply veterinary medicinal products in accordance with national law), and/or may only be/become accessible after a registration with Boehringer Ingelheim (“Restricted Content”). The area or areas of the website with Restricted Content is also referred to as “Protected Area” and may also comprise the whole website with all content and all Features. Such Restricted Content will clearly be marked. To access Restricted Content, users will have to register (“Registration Requirement”) and/or to confirm that they are qualified or otherwise fall within the group of the intended audience (“Qualification Requirement”), as applicable. If you do not register and/or, if applicable, qualify as a member of the population for which Restricted Content is intended, as applicable, you must not access Protected Areas. In any case you are prohibited from circumventing or attempting to circumvent any restrictions imposed on entering a Protected Area. 
Use of the website; indemnification
The website may only be used in accordance with these Terms of Use and applicable laws, in particular data protection laws. In particular, you shall not (i) decompile, reconstruct, dismantle or examine in any other way the website by reverse engineering or determining the source code (unless this is mandatorily permitted under applicable laws, (ii) attack Boehringer Ingelheim’s systems, penetrate them without permission or implement viruses or other malware into the website, (iii) prevent other users from lawfully using the website, (iv) use the website for fraudulent purposes or in connection with a criminal offence, and/or (v) take any other actions that are likely to impair the smooth or proper operation of the website.
You shall indemnify Boehringer Ingelheim from all claims of third parties which are based on an unlawful or improper use of the website if and to the extent you are responsible for this improper or unlawful use.

Use of content
Without assuming any representations or guarantees in this regard, all content on this website (except for data and information uploaded, submitted or generated by users or third-party content implemented on the website), and any underlying intellectual property rights, are the property of the Boehringer Ingelheim group of companies (“Boehringer Ingelheim Group”). We permit you to use texts or documents (such as white papers, news releases, datasheets and FAQs) from this website or parts thereof, provided that (1) a copyright notice and the permission notice in this Section “Use of content” appears in all copies, (2) the use is limited to informational and non-commercial or personal use only, (3) the documents will not be copied, uploaded, posted or otherwise made available on any medium of third parties, including but not limited to third party websites or broadcast in commercial media, and (4) no modifications of any documents are made. Use for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. Violations will be prosecuted.
The permission given above does not include the use of the design or layout of this website or any other website owned, operated, licensed or controlled by one of the companies of the Boehringer Ingelheim Group. The elements of this website (including logos, graphics, sounds or images) are protected by various rights, including copyrights, rights relating to trade dress, trademarks, unfair competition, and other laws and must not be copied or otherwise reproduced in whole or in part, unless expressly permitted by the relevant company of Boehringer Ingelheim Group owning the particular rights.
Furthermore, the permission given above does not include the use of third-party content implemented on the website, such as videos from streaming or video-on-demand platforms (e.g. YouTube) or other websites. 
Any rights not expressly granted herein are reserved.

Trademark notice
The designations of Boehringer Ingelheim Group’s products referenced on this website, regardless of their presentation, in particular whether or not appearing in bold characters or together with the trademark symbol ®, may be protected by trademarks of entities of the Boehringer Ingelheim Group or its licensors. The names and products of third party companies mentioned herein may be protected by trademarks of their respective owners. The products referenced on this website may have different designations, labelling, product presentation or distinctiveness in different countries. Please contact the local company of Boehringer Ingelheim Group in case clarification is required. The use of the abovementioned trademarks of Boehringer Ingelheim Group, of the company name “Boehringer Ingelheim” and/or the Boehringer Ingelheim logo , except as expressly permitted herein, is prohibited and, under certain circumstances, may be in violation of criminal law.

Limitation of warranty and liability
Any texts, documents, images, graphics or files published on this website for any purpose, and the information contained therein, are provided “as is”. Boehringer Ingelheim does not assume any representations, warranties or conditions with regard to such texts, documents, images, graphics, files or information, whether implied or express, including for merchantability, fitness or suitability for a particular purpose , title or that they do not infringe rights of third parties.
All access and use of this website and the content thereon, including use of the Features (as defined below), is at the own risk of the user, and Boehringer Ingelheim Group shall not be liable for any damage or losses arising out of or in connection with the access and use of this website and the content thereon, including any use permitted under the section “Use of content”. The exclusion of Boehringer Ingelheim Group’s liability shall not apply
(i) to loss or damage arising from injury to life, limb or health based on an intentional or negligent breach of duty on the part of Boehringer Ingelheim Group or a legal representatives or vicarious agent of Boehringer Ingelheim Group;
(ii) to loss or damage based on an intentional or grossly negligent breach of duty on the part of Boehringer Ingelheim Group or a legal representative or vicarious agent of Boehringer Ingelheim Group;
(iii) to loss or damage based on the violation of a material contractual obligation. A material contractual obligation shall in particular be an obligation that is such that the contract can only be duly and properly executed if it is fulfilled and the other party generally can and does rely on compliance therewith. In such a case, Boehringer Ingelheim Group’s liability shall be limited to compensation of the foreseeable, typically occurring loss or damage at the time of the conclusion of the agreement;
(iv) to loss or damage resulting from a violation of a guarantee issued by Boehringer Ingelheim Group;
(v) to claims arising from mandatory statutory liability.
The provisions of this Section “Limitations of warranty and liability” shall not affect the statutory burden of proof.
Boehringer Ingelheim assumes no representation or warranty for permanent storage of data transferred by the user to the website in the course of using the website or the respective services provided therein. It is each user’s responsibility to ensure that all data within its scope of influence are duly backed up.

Disclaimer for content
Any and all information on this website (including information about products, diseases and their treatment) is not intended to be a substitute for consulting with a veterinary health professional (such as a veterinary physician) or another qualified person. The website is in no way intended to offer a medical diagnosis or treatment advice. If you require advice on a specific animal health problem, please consult a veterinary physician. 
The documents and related graphics published on this website could include technical inaccuracies, typographical and other errors. Content may be amended and/or removed at any time without prior notice. Boehringer Ingelheim may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Disclaimer for third party websites and content
This website may contain links (hyperlinks/references) to or implemented content (such as videos) from other websites that are operated by third parties or other entities belonging to the Boehringer Ingelheim Group. Unless otherwise specified in the legal info of the external website with Boehringer Ingelheim’s approval, the content of such linked websites or implementations is beyond our control. The responsibility for such websites and content lies solely with the respective operators. Links and implemented content are offered for convenience only; they do not imply a recommendation or endorsement by Boehringer Ingelheim. Therefore, Boehringer Ingelheim does neither accept any responsibility for such implemented content, websites, their content, their availability or webcasting or any other form of transfer received from such a website. Subject to the section “Limitation of warranty and liability”, all liability for such websites and implemented content is excluded. You access such websites and content at your own responsibility and are subject to the cookie, privacy, and legal policies of the respective website.

Technical requirements; updates and changes
The use of the website requires a compatible and up-to-date internet browser. By stating performance data or other descriptions of the website, Boehringer Ingelheim assumes no guarantee for their quality or condition. This also applies where such statements refer to standards.
Boehringer Ingelheim is not responsible for the user’s (mobile) data connection. Use of the SIM card/mobile phone connection or other internet connection is governed solely by the terms and conditions a user has agreed with its telecommunications provider.
Boehringer Ingelheim will strive to keep the website constantly available. However, maintenance, security or capacity issues as well as events outside of Boehringer Ingelheim’s control (e.g. disruption to public telecommunications networks, force majeure etc.) may entail unavoidable interruptions or temporary shutdowns of the website. Subject to the provisions in the Section “Limitation of warranty and liability”, Boehringer Ingelheim shall not be liable for such shutdowns.
Boehringer Ingelheim reserves the right to make updates, improvements and/or other changes to the website at any time in a reasonable manner and provided that these changes do not impact the purpose of the contractual relationship with the user and in compliance with applicable mandatory laws.

Blocking access; indemnification
Boehringer Ingelheim may temporarily block a user's access to the website (including to Protected Areas accessed with an account, if applicable), as a whole or to individual areas thereof, to the extent Boehringer Ingelheim has a justified interest in a temporary block which outweighs the user’s interests after reasonably and objectively weighing the circumstances of the individual case and taking into account the interests of the user and Boehringer Ingelheim. This may be the case, in particular, if there are specific indications that the user has violated or is violating these Terms of Use and/or applicable law. In case the website has a Registration Requirement, the same shall apply if the account owner has provided his or her login details to third parties, or if there are other reasonable indications for Boehringer Ingelheim of third-party use or other misuse of the login data or an account. When deciding on a temporary block and its conditions, in particular the length, Boehringer Ingelheim will give due consideration to the user’s legitimate interests and consider any comments from the user (or, if applicable, the additional users registered for an account of the user) in this context.
In case the website has no Registration Requirement and provided that the aforementioned weighing of interests does not result in an overriding interest of Boehringer Ingelheim in an immediate temporary block, Boehringer Ingelheim has the right to temporarily block the user’s access to the website.
In case the website has a Registration Requirement and provided that the aforementioned weighing of interests does not result in an overriding interest of Boehringer Ingelheim in an immediate temporary block, Boehringer Ingelheim will warn the account owner prior to a temporary block by e-mail. If the reason for the warning is not eliminated within a reasonable period of time or if the violation of these Terms of Use and/or applicable law occurs again in the same manner within 6 months after receipt of the warning, Boehringer Ingelheim shall in any case have the right to temporarily block the account or the access of a registered user. In case of a temporary block of an account or the access of a registered user, Boehringer Ingelheim will notify the account owner or the respective registered user immediately by e-mail about the block and the details thereof, in particular the period of the blocking to the extent this can already be determined. After the period of the block has expired or the reason for the block no longer applies, the access shall be reactivated and Boehringer Ingelheim shall notify the account owner or the respective registered user by e-mail thereof in due time.

Queries, Feedback and User Generated Content
Queries and other feedback addressed to Boehringer Ingelheim through this website should not contain questions on individual health matters or on specific prescription-only products, for which you should consult a veterinary physician.
To the extent this website permits you to contribute user generated content to the website (e.g., comments, questions, suggestions or discussions) as well as to Features, you must ensure that such content is honest, accurate, non-misleading, non-promotional, non-commercial, inoffensive and compliant with all applicable laws and regulations. In particular, you must not contribute any personal data of third parties to us, except where natural persons affected have given their express written consent hereto. We reserve the right to monitor such content regularly and remove non-compliant content without notice.
All queries, feedback and user generated content will be deemed to be and treated as non-proprietary and non-confidential. The Boehringer Ingelheim Group shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute – however, where required by applicable data protection laws, only in anonymized form – any information contained in queries, feedback and user generated content to others without limitation, including for the development or improvement of its products. You expressly consent to such right of use and to Boehringer Ingelheim Group monitoring all such information for pharmacovigilance and other regulatory purposes, and making appropriate notifications. We may contact you in order to obtain follow-up information, if this is required.
Generated Data
For all data that may be generated by the use of the website or on the basis of user generated content, including any data generated by the use Features, if applicable, you hereby grant to Boehringer Ingelheim, in each case as of the time of the creation of such data, a non-exclusive, unlimited, world-wide, irrevocable, sublicensable, transferable, royalty-free and fully paid-up right to use this data at Boehringer Ingelheim’s sole discretion for all purposes, including, without limitation for research and development (including improving this app and refining the underlying technology), educational, promotional, manufacturing and all commercialization purposes, and always subject to applicable data protection laws.

RSS Newsfeeds
Users may agree to receiving RSS newsfeeds from companies of Boehringer Ingelheim Group. To agree to the RSS newsfeeds service, the user has to confirm their email address upon registration for which they will receive an e-mail with a link to confirm the email address and their agreement to the subscription. By subscribing to the RSS newsfeeds, the user agrees to receive the RSS newsfeeds via email from the respective company of Boehringer Ingelheim Group. The subscription to the RSS newsfeeds service is not mandatory. The use of the Boehringer Ingelheim RSS newsfeeds is subject to these Terms of Use, in particular with respect to Boehringer Ingelheim’s liability (see Section “Limitation of warranty and liability”), the use of this website and its content (see Sections “Use of the website; indemnification” and “Use of content”) and the disclaimer regarding content (see Section “Disclaimer for content”).
Boehringer Ingelheim reserves the right to discontinue or modify the RSS newsfeeds service at any time with and without notice, or (ii) to unsubscribe users from the RSS newsfeeds service, at any time and without notice. Boehringer Ingelheim will do so with any subscriber which has registered with fake or otherwise incorrect data or has violated these Terms of Use or applicable law. Subject to the Section “Limitation of warranty and liability”, Boehringer Ingelheim Group shall not be liable if they exercise such right to discontinue, modify or unsubscribe. 
Boehringer Ingelheim will not publish or otherwise disclose the user’s e-mail address, unless this is required for the RSS newsfeeds service, operating this website or the user’s account. The user may unsubscribe from the RSS newsfeeds at any time.

Accounts
In case the website has a Registration Requirement, the provisions below shall apply:
Accessing a Protected Area requires an account. To create an account, the user must be of full age and legal capacity. 
We may combine a Registration Requirement with a Qualification Requirement, in which case persons who do not fulfil the Qualification Requirement are prohibited from creating an account for the website. Boehringer Ingelheim is entitled to delete the account of persons who have registered in violation of this Section at any time and to withdraw their access to the website. 
If the website offers the opportunity for the user to invite third parties to also register, and to offer such newly registered third parties certain rights in respect to the account of the inviting person (e.g. to read, change and/or delete information), Boehringer Ingelheim shall not be responsible for any actions taken by such third party in respect to the account of the inviting person.
In order to register and open an account on the website, the account owner must provide Boehringer Ingelheim with the following information: name, address, phone number and e-mail address of the company, name and e-mail address of a contact person as well as a password. These information must be provided by the account owner completely and correctly. If the information changes in the course of the user relationship, the account owner must immediately correct the respective data on the website in the user’s account settings. If costs are incurred by Boehringer Ingelheim as a result of incorrect information provided by the user, the account owner shall be obliged to reimburse Boehringer Ingelheim for these costs, insofar as the user is responsible for the incorrect information. This provision shall not affect the statutory burden of proof.
The account owner is obliged to protect their login data from being accessed by third parties. When registering, the account owner is obliged to ensure that third parties cannot see the data entered by them. The registration of multiple accounts is not permitted.
Boehringer Ingelheim is entitled to classify an account as “inactive” if no user registered for this account has logged into the account on the website for at least 6 months. Once the account has been classified as “inactive”, Boehringer Ingelheim shall have the right to permanently delete the account and/or all data located therein. Boehringer Ingelheim will notify the account owner of the inactivity and the consequences of the inactivity by e-mail at least 30 days and again 14 days before the account is classified as “inactive”, explaining which steps can be taken to avoid such classification. After deletion of the account, the account owner can register another account on the website. However, any data uploaded to the original account will not be restored.
The account owner is entitled to terminate the contractual relationship relating to the Protected Area of the website at any time by deleting their account. Boehringer Ingelheim is entitled to terminate the contractual relationship relating to the Protected Area of the website by deleting the account after it has been classified as “inactive” according to the provisions above. Upon termination, the account owner shall cease using the Protected Area of the website and shall procure that their registered users do the same. In the event of a termination by the account owner, Boehringer Ingelheim is entitled to block the account owner’s and its registered users’ access to the account, and, upon expiration of 30 days  after termination and expiration of any statutory retention periods, Boehringer Ingelheim is entitled to irretrievably delete the data created in connection with the user relationship and the account. For personal data, the regulations on data protection shall prevail, which may provide for a shorter deletion period.
The right of termination for good cause. shall remain unaffected for both parties. Good cause shall be deemed to exist in particular if (i) the account owner or its registered users have repeatedly, i.e. more than twice within 6 months as of the first violation or a justified warning regarding such violation, at least negligently violated these Terms of Use or (ii) if under the circumstances of the individual case a violation of these Terms of Use is particularly serious. 

Features
This website may contain functionalities and features, such as self-tests, self-evaluations or calculation features as well interactive features such as commenting functions, messaging or chat forums as well as the possibility to upload content (“Features”). To use a Feature, we may establish a Registration Requirement and an account may be required (see Section “Accounts”), and/or a Qualification Requirement may apply. These Terms of Use also apply to the use of Features, in particular with respect to Boehringer Ingelheim’s liability (see Section “Limitation of warranty and liability”), the use of this website and its content (see Sections “Use of the website; indemnification” and “Use of content”), Boehringer Ingelheim’s right to use user generated content (see Section “Queries, Feedback and User Generated Content”) and the disclaimer regarding content (see Section “Disclaimer for content”). Also, when using commenting functions, messaging or chat features, the user shall adhere to a respectful conduct vis-à-vis other users and refrain from violating the rights of other users as well as employees of Boehringer Ingelheim Group.

Changes to Terms of Use
Boehringer Ingelheim reserves the right to change these Terms of Use at any time. If the there is a Registration Requirement, Boehringer Ingelheim will inform all account owners by e-mail about such changes and their intended effective date within reasonable time, but at least 30 days, before the changes are intended to become effective. Unless the user disagrees to the changes, they will become effective at the intended effective date. If a user disagrees, the contractual relationship will be continued under the previously agreed Terms of Use.

Severability
Should individual provisions of these Terms of Use be or become invalid in whole or in part, the validity of the other provisions shall be unaffected. The wholly or partially invalid provision shall be replaced by a legally permissible provision coming as close as possible to the economic purpose of the invalid provision. The same shall apply for the remediation of any omissions.

Governing law, dispute resolution
These Terms and Conditions of Use are governed solely by South African Law. Application of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) shall be excluded. In case the website is used by you for a business or commercial purpose, the exclusive place of jurisdiction for all disputes arising out of or in connection with these terms of Use is South Africa. 
These Terms and Conditions of Use are governed solely by the laws of the Republic of South Africa . Application of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) shall be excluded. The exclusive place of jurisdiction for all disputes arising out of or in connection with these terms of Use is the High Court of South Africa. 
Date: [May 2023 ●]