This agreement was written in English. To the extent any translated version of this agreement conflicts with the English version, the English version controls.

Date of Last Revision: ( 01 Jun 2023 )

1. Introduction to the Services

By registering on the BackHome South African National Database for Animal Electronic Identification (the Database) you agree to be bound by these terms and conditions (“Terms of Use”). Please review them carefully. These Terms of Use will apply when users ("users", "you", "your" or "yourself") access, use and/or register for the Virbac BackHome South African National Database for Animal Electronic Identification service provided by Virbac RSA(Pty) Ltd (registration number: 1990/003742/07)("VirbacBackHome").

 

1.1 By using the Database, you are indicating that you have read, understood and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, then you must not access or use the database.

 

1.2 You acknowledge that the Services provided to you by VirbacBackHome do not include any part of any other third party service through which or with which you interact in the course of accessing the Services.

2. Registration and Access

2.1 By accessing and or using the BackHome South African National Database for Animal Electronic Identification you represent and warrant that you are 18 years of age or older or, if younger than 18 years of age, that you have a parent or guardian’s consent to access or use the Database. The purpose of registering a Virbac BackHome Account, is to register the microchip implanted in your pet, with the sole purpose of providing contact details for returning a microchipped pet, when lost and then found, to the owner as registered on the Virbac BackHome Account database only.

 

2.2  VirbacBackHome may limit your access to all the services, if you have not registered to use the Services. In order to use certain current or future portions or functionalities of the Services, you will be required to register by creating a user name and password (creating a " Virbac BackHome Account"). Except where it would be illegal to do so, VirbacBackHome will reserve the right to reject any user name selected by you and/or revoke your right to any previously selected user name and give such user name to any other person. You are responsible for keeping your Account details ("Access Details") secret and will remain responsible for any use of your Account and/or Access Details by anyone else. You should use a robust password to protect your Account through a combination of upper and lower case letters, numbers and other characters.

 

2.3 You agree to notify VirbacBackHome immediately of any unauthorised use of your Access Details or any other breach of security with respect to your Application Account. VirbacBackHome will not be liable for any loss or damage arising from unauthorised use of your Access Details and/or Account.

 

2.4 You will not provide any false personal or any other information on the VirbacBackHome Database, or create an account for anyone other than yourself without permission. Any claims as a result of the provision of false and/or misleading information by you, will be for your own account.

 

2.5 You are only permitted to register for one VirbacBackHome Account. If you use more than one account we reserve the right to suspend or terminate your access to the Services.

 

2.6 If we disable your account, you will not create another one without VirbacBackHome permission.

 

2.7 You will keep your contact information accurate and up-to-date.

 

2.8 You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardise the security of your VirbacBackHome account.

 

2.9. All transfer ownership request for the data will only be accepted when approved by both parties through:

- Using the Transfer Ownership function on the VirbacBackHome website : www.backhome.co.za

- Using the Transfer Ownership function on the VirbacBackHome Africa App available on both Google Play and Apple App Store

- Completing and signing the Change of Ownership documentation provided by backhome@virbac.co.za

VirbacBackHome do not verify the ownership of the pet prior to registration and do not take any responsibility for any claim as a result. Virbac BackHome will not be party to any dispute between pet owners claiming to be the rightful owner.

 

2.9 The VirbacBackHome Database is only for residents in South Africa, Botswana and Namibia, so we cannot accommodate contact details for other countries.

 

However, the BackHome microchips are ISO 11784 and ISO 11785 compliant and can be read by scanners worldwide. VirbacBackHome would highly recommend that you register your pet on the local pet microchip database, and update your details with the local vet in the country you reside in as we are not linked to the International Database.

3. Virbac (Pty) Ltd Application Licence

3.1 Subject to your compliance with the Terms of Use, VirbacBackHome grant you a limited, non-exclusive, non-transferable license, without the right to sublicense, to download and install a copy of the Virbac BackHome Africa Application onto any authorised device you own and control, and run such copy of the Virbac BackHome Africa Application solely for your personal, non-commercial use. Furthermore, you may only use the Virbac BackHome Africa Application in accordance with the usage rules for your device and/or any rules applicable to the operating platform that the Services are made available on, including, Apple iTunes Store and/or Google Play Store.

 

3.2 Except as expressly specified in these Terms of Use, you may not

(a) copy or modify the Application, including, but not limited to, adding new features or otherwise making adaptations that alter the functioning of the Application;

(b) transfer, sell, rent, lease, distribute, sublicense or otherwise assign any rights to, or any portion of, the Virbac BackHome Africa Application to any third party; or

 (c) make the functionality of the Application available to multiple users through any means, including but not limited to distribution of the Application or by uploading the e Application to a network or file-sharing service or through any hosting, application services provider or any other type of service.

 

The Application contains trade secrets, and in order to protect those secrets you agree not to disassemble, decompile or reverse engineer the Application, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law. You must comply with any technical restrictions in the Application that allow you to use the Application only in certain ways.

 

3.3 VirbacBackHome are not obligated to maintain or support the Application, or to provide you with updates, upgrades or services related thereto. You acknowledge that VirbacBackHome may from time to time in VirbacBackHome sole discretion, issue updates or upgrades to the Virbac BackHome Africa Application, disable access to the Application for any period of time or permanently, and may automatically update or upgrade the version of the Application that you are using on your mobile device. You consent to such automatic updating or upgrading on your mobile device, and agree that the terms and conditions of these Terms of Use will apply to all such updates or upgrades. VirbacBackHome shall have no liability to you arising out of any unavailability of the Application.

4. Fees and Charges

4.1 The VirbacBackHome Database and Application is free to use, but please be aware that your carrier's normal rates and fees will still apply.

 

4.2 You are responsible for any data charges that you may incur with a mobile operator or Internet service provider in relation to your use of the Services and/or access to any Third Party Materials or User Content.

5. Use of Your Information

5.1 You agree to provide accurate, current, complete and non-misleading information to VirbacBackHome in connection with your creation of a Virbac BackHome Account and during your use of the Services. VirbacBackHome cannot be held responsible for the registration of the pet owner details as the VirbacBackHome Database’s, sole purpose is the returning of a microchipped pet, if lost and then found, to the owner registered on the VirbacBackHome Account database.

 

5.2 Without limiting any other terms of these Terms of Use, by using the Services you authorise VirbacBackHome to access and store your information in relation to your use of the Services and your preferences. You agree that any information that you provide or is accessible through your use of the Services may be stored by VirbacBackHome. Except as may be required by any laws, we will not be legally responsible for the content of any information that you make available as part of the Services, including any information which belongs third parties.

6. Privacy

6.1 Any personal information you supply to VirbacBackHome when using the Virbac BackHome Application or website will be used by VirbacBackHome in accordance with the Privacy Policy., which is hereby incorporated into and made part of these Terms of Use. The Privacy Policy provides information and notices about VirbacBackHome collection and use of your personal information. If you have any questions about the VirbacBackHome Privacy Policy, you may contact VirbacBackHome at marketing@virbac.co.za. A copy of the Privacy Policy is also available in the Application and on the website.

 

6.2 If you receive an unsolicited e-mail that appears to be from VirbacBackHome and that requests you to provide personal information (such as your credit card number or any other Access Details), or that asks you to verify or confirm your VirbacBackHome information by clicking on a link, it is most likely that the e-mail was sent by a "phisher" or "spoofer".

 

6.3 VirbacBackHome will never ask for this type of information in an e-mail, and VirbacBackHome strongly recommend that you do not respond to these e-mails and that you do not click on the link. Responding to "phishing" places you and your personal information at risk. VirbacBackHome  cannot be responsible for any consequences resulting from your response to any email sent by a "phisher" or a "spoofer".

7. Modification

7.1 VirbacBackHome reserve the right, in its sole discretion, to change these Terms of Use at any time. If VirbacBackHome modify these Terms of Use, and, if the changes are significant, VirbacBackHome will provide you with more prominent notice of the modification. By continuing to access or use the Services after VirbacBackHome have posted a modification to these Terms of Use or have provided you with notice of a modification, you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, you must stop accessing or using the Services..

8. Term and Termination

8.1 These Terms of Use will remain in effect, unless amended or cancelled by you or  VirbacBackHome in accordance these Terms of Use.

 

8.2 VirbacBackHome reserve the right to suspend or terminate your access to the Services for any reason, including if:

1.     you breach these Terms of Use or any applicable laws;

2.     any information provided to VirbacBackHome in connection with your VirbacBackHome Account or use of the Services proves to be unlawful, inaccurate, not current, incomplete or misleading;

3.     you engaged in actions relating to or in the course of using the Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, VirbacBackHome users, VirbacBackHome or any other third parties or the Services;

4.     if VirbacBackHome suspect or have obtained proof of the improper and/or unauthorised use of your VirbacBackHome Account;

5.     if your VirbacBackHome Account remains inactive for a period of 6 (six) months; and/or

6.     if messages sent to an email address provided by you and associated with your VirbacBackHome Account are returned as undeliverable.

9. Ownership and Third Party Rights

9.1 All copyright, trademarks and other intellectual property rights used in connection with the Services are owned by VirbackBackHome and you agree that you acquire no rights thereto. VirbacBackHome claim no ownership interest in any Third Party Materials and expressly disclaims any liability concerning those materials.

 

9.2 You agree not to delete or in any manner alter the copyright, trademark and other proprietary rights notices or markings which appear on the VirbacBackHome Database from time to time.

 

9.3 You may not use the Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes VirbacBackHome Database  and/or any third party intellectual property rights.

 

9.4 These Terms of Use do not authorise you to, and you may not, reproduce, distribute, publicly display, publicly perform, communicate to the public, make available, create derivative works of or otherwise use or exploit any Third Party Materials in violation of the applicable laws, and the owners of such Third Party Materials may have the right to seek damages against you for any such violation.

10. Interactions between Users

10.1 You are solely responsible for your interactions (including any disputes) with other users. You understand that VirbackBackHome do not in any way screen VirbacBackHome users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in using the Services and disclosing personal information to other VirbacBackHome Database users. You agree to take reasonable precautions in all interactions with other VirbacBackHome Database users, particularly if you decide to communicate with another VirbacBackHome Database user offline or meet them in person. Your use of the Services is at your sole risk and discretion, and VirbacBackHome hereby disclaim any and all liability to you or any third party relating thereto. VirbacBackHome reserve the right to contact VirbacBackHome users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Use. You will cooperate fully with VirbackBackHome to investigate any suspected unlawful, fraudulent or improper activity via the Services.

11. General Prohibitions

11.1 You agree not to do any of the following while using the Services:

1.     use, display, mirror, frame or utilize framing techniques to enclose the Services or any individual element or materials within the VirbacBackHome Database , Virbac RSA (Pty) Ltd, Reg. No. 1990/003743/07. any Virbac RSA (Pty) Ltd trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without VirbacBackHome express written consent;

2.     access, tamper with or use non-public areas of the VirbacBackHome Database, Virbac RSA (Pty) Ltd computer systems or the technical delivery systems of VirbacBackHome providers;

3.     attempt to probe, scan or test the vulnerability of any VirbacBackHome Database systems or network or breach any security or authentication measures;

4.     avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by VirbacBackHome or any of VirbacBackHome providers or any other third party (including another user) to protect the Services;

5.     use any meta tags or other hidden text or metadata utilizing a VirbacBackHome trademark, logo URL or product name without Virbac RSA (Pty) Ltd express written consent;

6.     use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;

7.     attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

8.     solicit login information or access an account belonging to someone else;

9.     use the VirbacBackHome Database to do anything misleading, malicious or discriminatory;

10.  impersonate or misrepresent your affiliation with any person or entity;

11.  violate any applicable law or regulation; or

12.  encourage or enable any other individual to do any of the foregoing.

 

11.2 VirbacBackHome will have the right to investigate and take all appropriate legal action to prevent, stop or deter violations of any of the above, including infringement of intellectual property rights and Services security-related issues. VirbacBackHome may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use or the rights of any third party.

 

11.3 You acknowledge that VirbacBackHome have no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. You acknowledge that VirbacBackHome have no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

12. No Warranty

12.1 Except to the extent that it is unlawful to do so, the Services are provided "as is", without warranty of any kind, either express or implied.

 

12.2 Without limitation, VirbacBackHome do not warrant that the Services are fit for any general or specific purpose; do not infringe the rights of any person, will meet your requirements or will be available on an uninterrupted, secure, or error-free basis.

 

12.3 No communication, advice or information, whether oral or written, obtained from Virbac RSA (Pty) Ltd will create any warranty not expressly made herein.

13. Indemnities and Limitation of Liabiltiy

13.1 You agree to defend, indemnify, and hold Virbac RSA (Pty) Ltd, its officers, directors, employees and agents, harmless from and against any claims, liability, damage, loss or expense arising out of or in connection with the Services.

 

13.2 You acknowledge and agree that, except to the extent that it is unlawful to do so, you accept the entire risk arising out of your access to and use of the Services and neither Virbac RSA (Pty) Ltd nor any other party involved in creating, producing, or delivering the Services to you will be liable for any incidental, special, exemplary or consequential damages, including, without limitation, lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, arising out of or in connection with the Services, irrespective of the basis for such liability.

 

13.3 The limitations of liability contained in these Terms of Use are essential elements of the agreement between VirbacBackHome and you.

 

13.4 Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

14. Dispute Resolution

14.1 These Terms of Use will be governed by and construed in accordance with the law of the Republic of South Africa. The parties agree to use reasonable efforts to informally resolve any disputes in respect of the Services within a reasonable period of time. In the event that the parties are not able to resolve a dispute by informal means, all disputes, actions and other matters relating to these Terms of Use shall be referred to applicable the courts of the Republic of South Africa.

 

14.2 In the event that you commit a breach of these Terms of Use, you agree to pay all expenses incurred by VirbacBackHome in recovering any amounts owed by you to VirbackBackHome, including legal fees (as between attorney and client), collection fees and tracing fees.

15. Feedback

15.1 VirbacBackHome welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services ("Feedback"). You may submit Feedback by emailing VirbacBackHome at marketing@virbac.co.za. The Services hereunder are offered by Virbac RSA (Pty) Ltd, Reg. No. 1990/003743/07. You may contact VirbacBackHome by sending correspondence to the foregoing address or by emailing VirbacBackHome at marketing@virbac.co.za. If you are residing in South Africa, you may have these Terms of Use mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms of Use.

 

15.2 Any legal notices may be sent to the following address:

 

Virbac RSA (Pty) Ltd,  Reg No. 1990/003742/07
Private Bag X115
Halfway House
1685
South Africa.

Email:marketing@virbac.co.za

 

VirbacBackHome provides this Privacy Policy to inform you of VirbacBackHome policies and procedures regarding the processing, including the collection, use, and disclosure of the information that VirbacBackHome collect and receive from users of VirbacBackHome website, mobile application and services (collectively the “Services”). This Privacy Policy applies to the information that you provide to VirbacBackHome through the Services. This Privacy Policy may be updated from time to time. You are advised to consult this policy regularly for any changes.

 

As used in this policy, the terms “using” and “processing” information include capturing information on a website or mobile device, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within VirbacBackHome organization or among VirbacBackHome affiliates within South Africa or internationally.

Information Collection and Use

VirbacBackHome primary goals in collecting information are to provide and improve VirbackBackHome Services and to enable users to enjoy and easily navigate the Services.

 

VirbacBackHome, our service providers, advertisers and partners may collect various types of non-personally identifiable information when you use the Virbac BackHome Africa Application or Website. A representative list of the types of non-personally identifiable information VirbacBackHome may collect include: the type of handheld or mobile device used to view the application (e.g., Apple devices, Android devices), location information, or the content you have accessed and website.

Personal Information

When using VirbacBackHome Services, VirbacBackHome may ask that you provide VirbacBackHome with some personally identifiable information – information about you that can be used to contact and/or identify you, and information on your use or potential use of the Services and related services (“Personal Information”). Personal Information that VirbackBackHome might collect includes information like your name and email address. Personal Information may also include other information you supply to VirbackBackHome concerning your preferences and interests expressed in the course of using the Services. VirbacBackHome use Personal Information to:

 

(i)             administer the Services,

(ii)            enable you to easily navigate the Services,

(iii)           provide, improve and optimize the Services,

(iv)           better understand users’ needs and interests,

(v)            personalize your experience,

(vi)           provide you with software updates and / or product announcements, and

(vii)          provide you with further information and offers from VirbacBackHome product range that VirbacBackHome believe you may find useful or interesting.

Usage Information

When you provide information from your social media account, it can help enable  VirbacBackHome to do things like (1) give you exclusive content, (2) personalize your experience with VirbacBackHome , and (3) contact you through the social networking sites or directly by sending you the latest news, and special offerings. By doing so, you consent to the use of this information in accordance with VirbacBackHome privacy policy. VirbacBackHome sometimes use this information to communicate with you, such as to notify you when VirbacBackHome make changes to VirbacBackHome terms of service, or to contact you about your account with VirbacBackHome.

 

If you choose to submit content for publication (e.g., posting to a discussion board, a video, a comment on a specific article), VirbacBackHome may publish your screen name and other information you have provided to VirbacBackHome. VirbacBackHome may on occasion combine information VirbackBackHome collect through the Virbac BackHome Africa Application with information that VirbacBackHome collect from other sources. Without limiting the generality of the foregoing, if you register and create a profile with VirbacBackHome application, your profile will be displayed publicly on the application and may be reused by VirbacBackHome in VirbackBackHome discretion, within the limits of this policy. VirbacBackHome use the non-personally identifiable information that VirbackBackHome collect to improve the design and content of VirbacBackHome application, to deliver more relevant marketing messages and advertisements and to enable VirbacBackHome to personalize your experience. VirbacBackHome also may use this information to analyse us

Information Sharing and Disclosure

VirbacBackHome do not share Personal Information with third parties except as follows:

 

Service Providers

VirbacBackHome may employ third parties to facilitate the Services, to provide the Services on VirbacBackHome behalf, to perform related services or to assist VirbacBackHome in analysing how VirbacBackHome Services are used. These third parties have access to your Personal Information only to perform these tasks on VirbacBackHome behalf and are not authorized to disclose or use it for any other purpose.

 

Aggregate Information

VirbackBackHome may share aggregated information that does not include Personal Information and VirbacBackHome may otherwise disclose aggregated application usage information with third parties (including suppliers, advertisers, research companies and other organizations) for industry analysis, demographic profiling and other purposes. Any information shared in these contexts will not contain your Personal Information.

 

Compliance with Laws and Law Enforcement

VirbacBackHome will cooperate with government and law enforcement officials and private parties to enforce and comply with the law. VirbacBackHome will disclose any information about VirbacBackHome users to the government or law enforcement officials or private parties as VirbackBackHome, in VirbacBackHome sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect VirbacBackHome property and rights or those of a third party, to protect the safety of the public or any person, or to prevent or stop any activity which VirbacBackHome may consider to be, or that poses a risk of being, illegal, unethical or legally actionable. By accessing and using the Virbac BackHome Africa application or website, you agree that the laws of the Republic of South Africa will govern this policy, and you consent to the jurisdiction of the South African courts in respect of any dispute which may arise from this user agreement.

 

Business Transfers

VirbackBackHome may sell, transfer or otherwise share some or all of Virbac BackHome Africa Application and website assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

 

International Transfer

VirbacBackHome operates globally so it may be necessary to transfer your information internationally. In particular, your information will likely be transferred to and processed in South Africa where many of VirbacBackHome central databases operate. The data protection and other laws of other countries, may not be as comprehensive as those in your country. Please be assured that VirbacBackHome take reasonable steps to ensure that your privacy is protected. By using this application you consent to your information being collected, used and transferred as set forth in this privacy statement.

The VirbacBackHome Database is only for residents in South Africa, Botswana and Namibia, so VirbacBackHome cannot accommodate contact details for other countries.

 

However, VirbacBackHome BackHome microchips are ISO 11784 and ISO 11785 compliant and can be read by scanners worldwide. VirbacBackHome would highly recommend that you register your pet on the local pet microchip database, and update your details with the local vet in the country you reside in as VirbacBackHome are not linked to the International Database.

 

Changing or Deleting Your Information

You can delete your Personal Information by contacting VirbacBackHome or by making the appropriate modifications in your user account preferences through the Services. If you would like VirbackBackHome to delete your record in VirbacBackHome system, please contact VirbacBackHome and VirbacBackHome will attempt to accommodate your request if VirbackBackHome do not have any legal obligation to retain the record.

Security

VirbacBackHome employ administrative, physical and electronic measures designed to protect your information from unauthorized access. VirbacBackHome will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting through the Services in the most expedient time possible and without unreasonable delay, in so far as consistent with

 

(i)              the legitimate needs of law enforcement or

(ii)            any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

International Transfer

Your information may be transferred to, and maintained on, servers and equipment located outside of your state, province, country or other governmental jurisdiction. You hereby consent to VirbacBackHome making worldwide transfers of your personal information on BirbacBackHome systems, to other entities, agents or subcontractors, or to other relevant business partners including without limitation third parties who may have incidental access to personal information. When making such transfers, VirbacBackHome will ensure that the necessary protections are in place to safeguard your personal information transferred under or in connection with this Privacy Policy. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Our Policy Toward Children

If a parent or guardian becomes aware that their child has provided VirbacBackHome with Personal Information without their consent, contact us and VirbacBackHome will delete such information from VirbacBackHome files.

Contacting Us

If you have any questions regarding this Privacy Policy please contact us at marketing@virbac.co.za

 

Virbac RSA (Pty) Ltd

Private Bag X115
Halfway House
1685
South Africa.

Updates & Effective Date

From time to time, VirbacBackHome may update this privacy statement. VirbacBackHome will notify you about material changes in the way VirbackBackHome treat personally identifiable information by sending an email message to the email address you most recently provided to VirbacBackHome or by prominently posting a notice on the application. VirbacBackHome encourage you to periodically check back and review this statement so that you always will know what information VirbacBackHome collect, how VirbacBackHome use it, and with whom VirbacBackHome share it.

 

Effective Date: 1 October 2017