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
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.
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
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.
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.
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.
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.
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.
Governing law, dispute resolution
Date: [May 2023 ●]