Bravecto Rewards Portal Terms & Conditions
GENERAL TERMS AND CONDITIONS
1.1 By downloading, installing, accessing, browsing or using the Intervet (Pty) Ltd Application, you agree to be bound by the Terms and Conditions of Use (“Terms”). These Terms are disclosed by Intervet (Pty) Ltd and govern the relationship between Intervet (Pty) Ltd and the physical or legal person (“Customer”) concerning the use of the Application. Continued use of the Application will serve as confirmation that you have carefully read, understood and agreed to adhere to the Terms in full. You declare that you are at least 18 years of age and that you have full legal capacity. You agree to use the Intervet (Pty) Ltd Application only in accordance with the laws of the Republic of South Africa. These Terms may be amended from time to time and without notice. If you disagree with any of these Terms, you must immediately discontinue your access to the Intervet (Pty) Ltd Application and your use of the services offered on the Intervet (Pty) Ltd Application.
2.1 In these Terms certain words and phrases appearing in Title Case are given particular meanings. These words and phrases and the meanings they are intended to have are recorded below –
2.1.1 “Business Day” means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa;
2.1.2 “Commencement Date” means date of acceptance of these Terms indicated by your acceptance on the portal;
2.1.3 “Customer” means the user of the Intervet (Pty) Ltd Application;
2.1.4 “Dashpay” means Dashpay (Pty) Ltd, with registration number 2011/008978/07, a private company with limited liability;
2.1.5 “Duration” means the period of these Terms as detailed in clause 3;
2.1.6 “Intervet (Pty) Ltd Application” means a value-added application which has been developed for Intervet (Pty) Ltd and which is owned by Dashpay; and
2.1.7 “Terms” means these terms and conditions together with all amendments that may be made to these terms and conditions from time to time in terms hereof.
2.2 When considering these Terms–
2.2.1 words indicating any one gender shall include the others and the singular shall include the plural;
2.2.2 unless specifically otherwise provided, any number of days prescribed shall be determined by excluding the first and including the last day or, where the last day falls on a day that is not a business day, the next succeeding business day.
2.2.3 The use of the expression “but not limited to” indicates that the prescribed list is not a closed one and that there may be other matters not listed to which the clause applies.
3.1 These Terms shall commence on the Commencement Date and shall continue for 36 (thirty six) months (“the initial period”) where after it will automatically continue for an indefinite period until terminated by either party on 1 (one) month’s written notice, subject to prior termination in accordance with the further provisions of these Terms.
3.2 Notwithstanding the provisions of clause 3.1 and subject to prior termination in accordance with the further provisions of these Terms, these Terms shall terminate on expiry of the initial period should either party give 2 (two) months’ written notice to the other party of such termination.
The Intervet (Pty) Ltd Application is provided free of charge.
- LICENCE AND USE OF INTERVET (PTY) LTD VAS
5.1 Intervet (Pty) Ltd hereby grants the Customer a non-exclusive, non-transferable, non-sub-licensable limited licence to use the Intervet (Pty) Ltd Application for its internal business purposes, for the duration for which these Terms are in force.
5.2 The Customer may not, and shall ensure that a third party shall not;
5.2.1 copy, sell, reproduce, vary, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, disassemble or reverse engineer, the Intervet (Pty) Ltd Application or content that may be presented or accessed through the Intervet (Pty) Ltd Application for any purpose whatsoever;
5.2.2 take any action to circumvent or defeat the safety or content usage rules provided, deployed or enforced by any functionality contained in the Intervet (Pty) Ltd Application;
5.2.3 use the Intervet (Pty) Ltd Application to access, copy, transfer or retransmit content in violation of any law or third party rights;
5.2.4 remove, obscure, or alter Intervet (Pty) Ltd’s or its licensor’s copyright notices, trademarks, logos or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Intervet (Pty) Ltd Application.
5.3 As a condition to using the Intervet (Pty) Ltd Application, the Customer agrees that it may receive certain messages from Intervet (Pty) Ltd, including notifications sent from the Intervet (Pty) Ltd Application modifications, improvements and patches of the Intervet (Pty) Ltd Application, information with respect to Intervet (Pty) Ltd’s other products, personalized information, including advertisements from third parties and such other messages as Intervet (Pty) Ltd believes may be to the Customer’s benefit or interest from time to time.
- THIRD PARTY OWNED VAS
6.1 Intervet (Pty) Ltd (or its nominee) performs an administrative function in respect of the Intervet (Pty) Ltd Application.
6.2 Intervet (Pty) Ltd is not the owner of the Intervet (Pty) Ltd Application and accordingly, Intervet (Pty) Ltd shall in no circumstances be liable to the Customer for any direct, indirect or consequential loss or damages, including but not limited to any loss of profit, business interruption or other
economic loss or any other liability in terms of these Terms or the function it performs.
6.3 The Customer indemnifies and holds Intervet (Pty) Ltd harmless from any claims resulting from the Customer’s use of the Intervet (Pty) Ltd Application, including but not limited to any communications sent by the Customer by means of the Intervet (Pty) Ltd Application.
6.4 Intervet (Pty) Ltd is not the owner of the Intervet (Pty) Ltd Application and makes no warranties whether express or implied, statutory or otherwise in respect of the Intervet (Pty) Ltd Application. In particular, Intervet (Pty) Ltd makes no representation of any nature about the Intervet (Pty) Ltd VAS, and the Customer cannot make any other claim should Intervet (Pty) Ltd at any time not be able to grant the Customer the rights to use the Intervet (Pty) Ltd Application or should the Intervet (Pty) Ltd Application be defective or unsuitable.
6.5 The Customer shall not itself, nor shall it allow or permit any third party to copy, reproduce, translate, adapt, vary, modify, decompile, disassemble or reverse engineer the Intervet (Pty) Ltd Application.
6.6 The Customer shall further not sell, lease, license, sub-license or otherwise deal with the Intervet (Pty) Ltd Application.
- LIABILITY AND INDEMNITY
7.1 To the extent permitted by law, the Customer indemnifies and holds Intervet (Pty) Ltd and its employees, directors and agents harmless against any expense, loss, claim, harm or damage brought against, suffered or sustained by Customer, which arises directly or indirectly out of a breach of the terms of these Terms by the Customer’s use of the Intervet (Pty) Ltd Application.
7.2 Intervet (Pty) Ltd shall not be held liable for any improper or incorrect use of the information described and/or contained herein and/or use of information which is found to be incorrect and assumes no responsibility for the Customer’s use of the information.
The Customer warrants that all the Customer’s information inserted onto the portal is true and correct and to the best of the Customer’s knowledge and belief and undertakes to inform Intervet (Pty) Ltd immediately of any change to such information and Intervet (Pty) Ltd can fully rely on the information provided.
9.1 Both parties shall each keep confidential all information about each other which is in its nature confidential and which comes into either party’s possession.
9.2 Neither party is permitted to disclose any confidential information about the other without the consent of the other unless:
9.2.1 is lawfully in the public domain at the time of disclosure;
9.2.2 subsequently and lawfully becomes part of the public domain by publication or otherwise;
9.2.3 subsequently becomes available to the receiving party from a source other than the disclosing party, which source is lawfully entitled without any restriction on disclosure to disclose such confidential information; or
9.2.4 is disclosed pursuant to a requirement or request by operation of law, regulation or court order.
10.1 The Customer shall be in breach of these Terms if:
10.1.1 it terminates these Terms for whatever reason before the end of the initial period;
10.1.2 fails to remedy a breach of these Terms within 7 (seven) days after being given written notice by Intervet (Pty) Ltd to remedy such breach; or
10.1.3 it makes any materially incorrect or untrue statement or representation in connection with these Terms or its financial affairs or particulars relevant thereto, or if it does or suffers to be done anything which might prejudice the Intervet (Pty) Ltd’s rights under these Terms; or
10.1.4 it commits a material breach under any other Terms(s), of whatsoever nature, concluded between it and Intervet (Pty) Ltd.
10.2 Upon the occurrence of any of the events referred to in clause 10.1, Intervet (Pty) Ltd may, without prejudice to any other rights which it may have terminate, suspend or modify the Intervet (Pty) Ltd Application which shall be without prejudice to any other rights or remedies a party may be entitled to under these Terms or at law, and shall not affect any accrued rights or liabilities of either party nor the coming into or continuance in force of any provision of these Terms which is expressly or by implication intended to come into or continue in force on or after that termination.
11.1 These Terms constitutes the whole Terms between the parties with regard to the subject matter hereof, and the Customer waives the right to rely on any alleged express provision not contained herein.
11.2 No relaxation or indulgence, which Intervet (Pty) Ltd may grant the Customer, shall be deemed to be a waiver of any of Intervet (Pty) Ltd ‘s rights in terms of these Terms.
If any provision of these Terms is or becomes illegal, invalid or unenforceable, such provision shall be severed and the remaining provisions shall continue unaffected.
13.1 The Customer chooses its address as contained in the portal and Intervet (Pty) Ltd chooses the following address:
20 Spartan Rd, Spartan, 1619.
at which they will accept service of any notice or legal proceedings and for all other purposes in connection with these Terms, including change of domicilium. In the case of Intervet (Pty) Ltd, notices must be marked for the attention of a director of Intervet (Pty) Ltd.
13.2 Notices may be hand delivered, sent by pre-paid registered mail or by electronic mail.
13.3 Notices sent by pre-paid registered mail will be taken to be received on the 7th (seventh) Business Day after posting, and if sent electronically, be deemed to have been received on the first Business Day following the successful transmission thereof as evidenced by the electronic confirmation of receipt, unless the contrary is proven.
- CONSENT TO CREDIT REFERENCES AND DISCLOSURE OF INFORMATION (THE PROTECTION OF PERSONAL INFORMATION ACT, 2013)
14.1. The Customer hereby authorises and consents to Intervet (Pty) Ltd:
14.1.1. disclosing information to other financial institutions in the Republic of South Africa as well as any third parties, as agreed between the parties from time to time.
14.1.2. Processing any personal information for the purposes of rendering the Intervet (Pty) Ltd Application services to the Customer. The Customer further confirms that the information provided by it to Intervet (Pty) Ltd is up to date, correct and complete; and
14.1.3. Processing any information and documentation relating to the Customer’s business or that of its employees, directors and members in relation to the Intervet (Pty) Ltd Application.
15.1 Intervet (Pty) Ltd will be collecting, via the rewards portal registration process, the practice name, address, telephone number and email address as well as the name, surname, contact number and email address of one designated person chosen by the practice to create a login profile.
15.2 Information will be used only to ensure correct and timeous allocation of relevant refunds or product replacement where applicable via the practice’s preferred distributor. Information is collected by a 3rd party, appointed by Intervet (Pty) ltd where all privacy agreements have been entered in to. The 3rd party is bound to these agreements and to laws and regulations set out to protect the user’s information. Information collected will not be distributed or shared with any person or organisation that falls outside of this agreement.
INTERVET (Pty) Ltd CONTACT DETAILS: