Terms and Conditions

 

1. Acceptance of these Terms and Conditions

1.1 The terms and conditions set out below ("these Terms and Conditions") apply to any person who may access, refer to or use any part of the Intervet web site ("the User", "You" or "Your").

1.2 Subject to clause 1.4 below, these Terms and Conditions set out the terms and conditions on which the User may use, refer to, and access (individually and collectively referred to as "Use") this Web Site and the information, content, products or services available on or through the Web Site, whether such information, content, products or services are provided by or belong to Intervet, its third-party providers or any other party, including (without limitation) any software, icons, text, links, graphics, images, sound clips, trade names, logos, trade marks and service marks as are protected by law, including without limitation, copyright, patent and trade mark law (which information, content, products and services are individually and collectively referred to in these Terms and Conditions as "the Web Site Content").

1.3 If the User does not agree to these Terms and Conditions, the User is not permitted to continue to Use this Web Site or the Web Site Content and must immediately cease to use, refer to, or access this Web Site and the Web Site Content, failing which the User shall be deemed to agree to be bound by the terms and conditions set out below.

1.4 The User is entitled to print a copy of these Terms and Conditions. Should the User have any difficulty printing these Terms and Conditions or require assistance in obtaining a hard copy or electronic copy of these Terms and Conditions, the User should contact Intervet at 0861 838 838.

2.Scope of permitted use

2.1 Subject to the further provisions of these Terms and Conditions, this Web Site and the Web Site Content may only be Used for lawful personal and non-commercial purposes ("the Permitted Use"). The Permitted Use shall not extend to the Use of the source code of this Web Site or of the source code of any software or computer program which forms part of the Web Site Content.

2.2 Any kind of use which does not qualify as fair use within the context of the scope of the Permitted Use or which has not been expressly approved by Intervet in writing, including (without limitation) framing, modifying, distributing, commercialising, exploiting and/or altering of the Web Site and/or the Web Site Content, is prohibited ("the Prohibited Acts"). These Terms and Conditions and any restrictions on the Use of this Web Site or the Web Site Content shall also apply to any part of this Web Site or the Web Site Content which may be cached when Using this Web Site or the Web Site Content.

2.3 Should the User wish to perform any of the Prohibited Acts, whether electronically or otherwise, Intervet's prior written consent is required. An application must be submitted to msdahza@merck.com or faxed to (011) 392 3158. Intervet is entitled, in its sole discretion, to withhold or grant consent and may impose any conditions on any consent which is granted.

2.4 Intervet may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate:

2.4.1 the operation of this Web Site or any of the Web Site Content; or

2.4.2 the User's right to Use this Web Site or any of the Web Site Content.

2.5 The User may not transfer any rights granted to it in terms of these Terms and Conditions to any other person or entity.

2.6 Intervet shall not be prevented from granting the same, similar, additional and/or different rights to any other person or entity.

3. Exclusion of liability for Use of this Web Site and the Web Site Content

3.1 The User makes Use of this Web Site and the Web Site Content entirely at its own risk.

3.2 Subject to the provisions of the Electronic Communications and Transactions Act, No. 25 of 2002 ("ECTA") and to the fullest extent permitted by law, Intervet shall not have any liability whatsoever in relation to, and the User hereby indemnifies Intervet against, any loss, liability, expense, claim, penalty or damage, whether direct, indirect, special or consequential, arising from or related to:

3.2.1 the Use of the Web Site and/or the Web Site Content, or any actions or transactions resulting therefrom; or

3.2.2 any unavailability, interruption, downtime, malfunction, or failure of this Web Site and/or the Web Site Content for any reason whatsoever,

even if Intervet has been advised of the possibility of such loss, liability, expense, claim, penalty or damages.

3.3 This Web Site contains information on veterinary pharmaceuticals and biological products based on international registration dossiers. The Web Site may refer to products that are either not available in South Africa or are marketed under a different trade name. In addition, the safety and efficacy data and the withholding periods for a specific product may be different depending on local regulation. Please consult Your veterinarian for further information. Intervet may amend from time to time product data sheets and can accept no liability whatsoever arising out of the reliance on a printed-off data sheet which had become out of date.

3.4 For the purposes of this clause 3 and clause 5 below, any reference to Intervet shall be deemed to also include the employees, officers, directors, representatives, agents, shareholders, affiliates, advisers, service providers, suppliers and content providers of Intervet.

4. Exclusion of warranties and representations

4.1 This Web Site and the Web Site Content is provided "as is" and is subject to change without notice.

4.2 Subject to the provisions of ECTA, this Web Site and the Web Site Content is provided without any representation or warranty whatsoever, whether express, implied or statutory, including (without limitation) any representation or warranty as to the operation, integrity, compatibility, availability or functionality of this Web Site or as to the operation, accuracy, completeness, integrity, compatibility, availability, functionality or reliability of the Web Site Content.

4.3 The User may not rely on any warranty or representation, which allegedly induced the User to agree to these Terms and Conditions, unless the representation or warranty is recorded in these Terms and Conditions.

4.4 This Web Site and the Web Site Content is not intended to, and does not, constitute advice or a recommendation of any nature whatsoever, including (without limitation) in respect of any institution, investment, service or product.

4.5 The grant of any indulgence by Intervet to the User in respect of any matter connected to the Use of this Web Site or the Web Site Content shall not constitute a waiver of any right by Intervet or prevent or adversely affect the exercise by Intervet of any existing or future right.

5. References and links to and from other web sites, products and services

5.1 This Web Site may contain references or links to other web sites and to the products, opinions or services of third parties. Such references or links are not intended to be, and should not be construed as an endorsement, recommendation, or affiliation to such other web sites or the opinions, products or services of third parties.

5.2 Subject to the provisions of ECTA, the User's use of such other web sites or the products or services of third parties shall be entirely at the User's risk and Intervet is not responsible for any loss, liability, expense, claim, penalty or damage, whether direct, indirect, special or consequential, arising from or related to the reliance on, use or attempted use of such other web sites or the opinions, products or services of third parties.

5.3 The User may not make (and may not permit any third party to make) any reference to Intervet, this Web Site or the Web Site Content, whether by way of a link or otherwise, where such reference could in any way be construed or interpreted as an endorsement, affiliation, or recommendation by Intervet in relation to the User or a third party, or of the services, products or opinions of the User or that of a third party.

6. Intellectual Property

6.1 The User shall acquire no right, title or interest in or to this Web Site or the Web Site Content other than those rights of Use expressly granted to the User in these Terms and Conditions, provided always that such rights of Use shall always be subject to these Terms and Conditions.

6.2 To the extent that any of the Web Site Content has been licensed to Intervet or belongs to any third party, the User's rights of use shall also be subject to any terms and conditions which such licensor or third party may impose from time to time and the User agrees to comply with such terms and conditions.

7. Privacy and interception

7.1 Intervet may collect, collate, process or store Your personal information (as this phrase is defined in ECTA) for the purposes of providing You with access to the Web Site and the Web Site Content, in order to tailor our subsequent communications to You and to continuously improve our products and services.

7.2 Intervet may use Your personal information to compile profiles for statistical purposes and may trade with such profiles and statistical data. While Intervet will attempt to ensure that the profiles or statistical data cannot be linked to You, Intervet does not guarantee that third parties may not be able to link such profiles and statistical data to You. You hereby indemnify Intervet against, any loss, liability, expense, claim, penalty or damage suffered by You, whether direct, indirect, special or consequential, arising from or in relation to any third party being able to link such profiles and statistical data to You.

7.3 Intervet will take all reasonable steps to prevent unauthorised access to or disclosure of Your personal Information. However, Intervet does not guarantee that the Personal Information shall be 100% secure.

7.4 You agree that Your communications on this Web Site may be intercepted, as defined in the Regulation of Interception of Communications Act 70 of 2002 as amended, by Intervet or any other competent authority.

7.5 If You want to know what personally identifiable data Intervet has collected and stored about Your online activities at this Web Site please contact Intervet, Marketing department at 011 923 9300. You can request deletion of Your personal record at any time.

Newsletter privacy

Your email address will only be used for Newsletters and / or Newsflashes from Intervet
You can unsubscribe from Intervet Newsletters anytime
If you recommend an email newsletter to a friend, their email address will only be used to send one copy

8. Variation of these Terms and Conditions

8.1 Intervet is entitled and reserves the right to vary or amend these Terms and Conditions from time to time and in its sole discretion. Such amended or varied Terms and Conditions will be displayed on this Web Site. On the first occasion on which You access this Web Site after such amended or varied Terms and Conditions have been displayed on this Web Site, if You continue to Use this Web Site after having had a reasonable opportunity to review such amended or varied Terms and Conditions, these Terms and Conditions (as amended and varied) will immediately be deemed to be effective and binding on You.

8.2 It is Your responsibility to access and familiarise yourself with any amendments or variations to these Terms and Conditions on each occasion You make Use of this Web Site.

9. Applicable Law

These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the Republic of South Africa. Any and all disputes arising herefrom or in connection herewith shall be exclusively submitted to and finally resolved by the South African competent courts.